“Our Lawyers Say It’s Illegal”: Birdwich Food Truck Takes the Battle to City Hall After Miami Gardens Shutdown

The dream was simple: sell the “best chicken sandwich anyone has ever had.” But for the owners of Birdwich, a gourmet food truck that recently opened in a Walmart parking lot in Miami Gardens, the reality has been what they describe as a “systematic trap” of legal hurdles and aggressive code enforcement.

After being shut down just days after their grand opening, the owners are now speaking out on TikTok against what they call “unconstitutional economic protectionism.” With the support of the Institute for Justice (IJ), a national civil liberties law firm, Birdwich is taking their fight to City Hall, claiming the city is in open defiance of Florida state law.

On January 14, 2026, co-founder Petr Placek (referred to in local reports as Peter Plechek) stood before the Miami Gardens City Council to address the shutdown directly. He highlighted that his family had invested their life savings into the business, only to be met with a $500-a-day fine levied against their landlord.

“I’m simply asking the city to withdraw the violation notice sent to our landlord and to stop enforcing an ordinance that is illegal under state law,” Placek told the council. “The community was embracing us until our operations were shut down illegally in violation of Florida Statute 509.102, which expressly prohibits local food truck bans.”

Mayor Rodney Harris responded by stating he would discuss the matter with the City Manager, but the business remains dark as the legal battle brews.

The story, which first gained traction on the radio and TikTok, has struck a nerve with Miami Gardens residents. Comments on the TikTok video reflect a deep-seated frustration with city management and what many perceive as a culture of over-regulation.

“Miami Gardens is beyond corrupt,” commented one user. “I hope you take this all the way, and after you win, relocate!”

Another resident added, “I live in Miami Gardens and own property here; they do what they want… [The City] is always looking to fine people.”

The frustration extends beyond business. 

One local coach noted: “City of Miami Gardens don’t even allow the kids on the park!! My cheerleaders who paid registration… not even allowed on the park on Saturday/Sundays!!”

While some users wondered if the city was simply restricting zoning rather than a total ban, the Institute for Justice argues the city’s code—which prohibits anything not “explicitly authorized”—functions as a de facto illegal ban on food trucks.

According to the owners, the most alarming moment came during a meeting with the Director of Code Enforcement. When pointed toward the state law that supersedes city ordinances, the director allegedly replied, “That is what we will be fighting.”

The owners see this as a “smoking gun”—a clear admission that the city intends to use taxpayer money to fight a law already settled at the state level. By fining the landowner rather than the truck, the city creates a “legal trap” where the small business technically lacks the standing to sue, despite their livelihoods being at stake.

While the city continues to enforce its code, the owners of Birdwich and their legal team are not backing down. Residents and neighboring cities are watching closely, with some nearby municipalities like Opa-locka and Davie already inviting the truck to relocate where food trucks are “definitely welcome.”

The Miami Gardens City Council is scheduled to hold a regular meeting this Wednesday, January 28, 2026, at 5:30 p.m. The community is waiting to see if the city will choose to become compliant with state law or head toward a high-profile courtroom battle.

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