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Haitian couple alleges Virginia town targeted their food truck

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Haitian couple alleges Virginia town targeted their food truck

A married couple who fled Haiti for Virginia achieved their American dream when they opened a variety market on the Eastern Shore, selling hard-to-find spices, sodas and rice to the region’s growing Haitian community.

When they added a Haitian food truck, people drove from an hour away for freshly cooked oxtail, fried plantains and marinated pork.

But Clemene Bastien and Theslet Benoir are now suing the town of Parksley, alleging that it forced their food truck to close. The couple also says a town councilman cut the mobile kitchen’s water line and screamed, “Go back to your own country!”

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“When we first opened, there were a lot of people” ordering food, Bastien said, speaking through an interpreter. “And the day after, there were a lot of people. And then … they started harassing us.”

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A federal lawsuit claims the town passed a food truck ban that targeted the couple, then threatened them with fines and imprisonment when they raised concerns. They’re being represented by the Institute for Justice, a law firm that described a “string of abuses” in the historic railroad town of about 800 people.

“If Theslet and Clemene were not of Haitian descent, Parksley’s town government would not have engaged in this abusive conduct,” the lawsuit states.

Theslet Benoir and Clemene Bastien stand inside their Eben-Ezer Haitian food truck in Parksley, Virginia, on Jan. 24, 2024. (AP Photo/Ben Finley)

The town council is pushing back through a law firm it hired, Pender & Coward, which said its own investigation found many allegations “simply not true.”

The couple failed to apply for a conditional use permit and chose to sue instead, the law firm countered. It said the council member cut an illegal sewage pipe — not a water line — after the food truck dumped grease into Parksley’s sewage system, causing damage.

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The councilman had authority to do so as a public works department representative, the law firm said.

“We expect to prevail once the evidence is presented,” attorneys Anne Lahren and Richard Matthews said.

Conflicts between local governments and food trucks have played out in the U.S. for decades, often pitting the aspirations of entrepreneurial immigrants against the concerns of local officials and restaurants. Tensions can spark debates about land use, food safety and food truck owners’ rights in underserved communities.

The Parksley dispute is unfolding on a narrow peninsula of farmland and coastline between the Chesapeake Bay and Atlantic Ocean, where the population is majority white but growing increasingly diverse.

Black and Hispanic migrant workers from Florida, Haiti and Latin America began picking fruits and vegetables in the 1950s. Many people from Haiti and Latin America now work in the coops and slaughterhouses of the expanding poultry industry, which extends north into Maryland and Delaware.

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Several community members said the lawsuit unfairly maligns a town that has integrated recent immigrants into its 0.625 square miles.

Parksley has two Caribbean markets, a Haitian church and a Latin American restaurant, all of which sit near the hardware store, flower shop and iconic five & dime.

Jeff Parks, who serves on the Accomack County Board of Supervisors, said the town “has welcomed any business which operates within the rules.”

Once a transportation hub for trains and trucks that hauled away grains and produce, Parksley has lost two grocery stores, a bank and a garment factory in recent decades. Some shops on the town square sit empty.

“It’s disheartening to see a town that is so open to everyone and welcoming new businesses into its storefronts to be mischaracterized,” Parks said. “We have multiple Haitian businesses, so it wouldn’t make sense that this one was being targeted.”

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Bastien and Benoir said they were singled out.

“We did everything we’re supposed to do,” Bastien said.

The couple came to the U.S. in the 2000s and received asylum after fleeing this hemisphere’s poorest nation. Benoir is a U.S. citizen, while Bastien is a permanent resident.

They initially worked in a poultry processing plant. But in 2019, the couple opened the Eben-Ezer Variety Market in Parksley.

The food truck opened in June on the store’s property after the couple passed a state health inspection and obtained a $30 business license, their lawsuit stated. But Nicholson, the councilman, allegedly complained the food truck would hurt restaurants that buy equipment from his appliance store.

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Nicholson cut the water line, causing $1,300 in spoiled food, the lawsuit said, and then tried to block a food shipment and screamed: “Go back to your own country!” when Bastien confronted him.

Nicholson declined to comment.

In October, Parksley’s council passed its ban on food trucks, except for special events. Mayor Frank Russell said it wouldn’t impact the food truck until its one-year business license expired.

But Parksley’s position changed after the Institute for Justice raised concerns, the lawsuit said. The town claimed food trucks were always illegal under zoning laws and threatened fines of $250 a day and 30 days in jail for each day the food truck remained open.

The couple quickly closed the town’s only permanent food truck, which now sits empty.

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“We’re waiting to see what justice we’re going to get,” Bastien said. “And then we’ll see if we reopen.”

The couple’s lawsuit is seeking compensation for $1,300 in spoiled food, financial losses and attorneys’ fees. They also want $1 in nominal damages for violations of their constitutional rights.

Food truck disputes in America date back to the 1970s, said Ginette Wessel, an architecture professor at Roger Williams University in Rhode Island.

Restaurants often accuse food truck vendors of playing by their own rules, while immigrants can face perceptions they’re doing something unsanitary or illegal.

Wessel said lawsuits often end in compromise: “The (food trucks) do get restrictions, but they don’t get elimination. Or the city backs down and says, ‘OK, we can negotiate.’”

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Meanwhile, the region’s Haitian community keeps growing as more people work in the poultry industry, said Thurka Sangaramoorthy, an American University anthropology professor who studies the area’s immigrant populations.

U.S. Census numbers show that 600 people identify as Haitian in Accomack County, with several thousand more on Maryland’s Eastern Shore and in lower Delaware. Sangaramoorthy said the region’s Haitian population likely numbers in the tens of thousands.

She said Parksley’s Haitian food truck provided something vital — familiar foods that remind people of their homeland — to people often working long hours.

“It’s a community that is triply marginalized for being foreign, Black and speaking Haitian Creole,” Sangaramoorthy said. “They feel like they need to keep to themselves, so it’s surprising that this couple was brave to even file a lawsuit.”

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Alleged criminal history of missing mom found after 24 years catches up with her

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Alleged criminal history of missing mom found after 24 years catches up with her

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A North Carolina woman whose disappearance in 2001 triggered a 24-year search is now facing criminal charges from the year she vanished.

Michele Hundley Smith, now 63, was located Feb. 20 at an undisclosed location within North Carolina after detectives received new information about her case, the Rockingham County Sheriff’s Office said.

Smith was 38 when her husband reported that she left their Eden home Dec. 9, 2001, to go Christmas shopping in Martinsville, Virginia, and never returned. Her vehicle was never found.

An extensive investigation followed, and, despite years of investigative work, her whereabouts remained unknown until last week.

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The 63-year-old woman posted $2,000 bond on a failure to appear charge related to a DWI from the month before she vanished for 24 years. (Robeson County Sheriff’s Office)

Authorities said Smith told investigators she left on her own accord and referenced “domestic issues.”

Sheriff Sam Page told Fox News Digital the sheriff’s office had no prior record of domestic incidents at the home. No criminal charges are expected in her disappearance. However, following her identification, investigators discovered an outstanding order for arrest dating back to 2001.

A missing persons flyer circulated at the time of Michele Hundely Smith’s disappearance in December 2001. (Bring Michele Hundely Smith Home/Facebook)

MISSING NORTH CAROLINA MOM FOUND ALIVE AFTER 24 YEARS REVEALS WHY SHE LEFT

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In a statement, the Rockingham County Sheriff’s Office said that, after consultation with the District Attorney’s Office and further investigation, authorities identified an outstanding order for arrest for Smith for failure to appear.

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The order stemmed from a DWI charge issued by the Eden Police Department Nov. 11, 2001. Smith failed to appear in court Dec. 27, 2001, for that charge, the statement said.

On Feb. 25, 2026, Smith was taken into custody by the Robeson County Sheriff’s Office at the request of Rockingham County authorities. She later posted a $2,000 bond and is scheduled to appear in Rockingham County District Court March 26, 2026.

A missing mom found alive after 23 years reveals she left due to domestic issues. (Bring Michele Hundely Smith Home/Facebook)

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On Thursday, the New York Post reported it had located Smith in a trailer in a rural community near the South Carolina state line. Smith told the outlet she is trying to make amends with her daughter and the family she walked out on decades ago.

“My daughter is forgiving me. We are in contact, so leave me alone,” she told the outlet.

Smith’s neighbors said she had “been here for years and years” and mostly keeps to herself. 

“We asked why she didn’t come out of the house much, and she said her husband passed. He passed last year. … She was really sad about it. She said she was depressed and stayed inside,” the neighbor said.

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Michele Hundely Smith disappeared after leaving her home in North Carolina to go Christmas shopping in Virginia in December 2001.  (Bring Michele Hundely Smith Home/Facebook)

In a 2018 interview on “The Vanished Podcast,” her daughter, Amanda Hundley, said her mother’s marriage was unraveling under the weight of alcohol abuse, infidelity and escalating marital arguments.

Smith had recently lost her job at a veterinary practice after being fired for drinking on the job, Hundley said.

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“My dad didn’t like the fact that my mom hid her drinking. I knew about it, and I was the only one. And I felt, you know, I was young, and I felt obligated not to say anything to betray my mom,” Hundley said on the podcast.

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According to Hundley, her father suspected the drinking but did not fully understand the extent of it until after Smith vanished.

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“He said, ‘Do you know where she kept the bottles at?’ And I showed them we had a little red building outside, and it was full of rum bottles, the empties, the ones that she had already drunk,” recalled Hundley, who was 14 at the time.

The couple’s relationship had also deteriorated. Hundley said both her parents had affairs during the marriage. She described frequent arguments that “got physical a few times.”

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Atlanta-area police blast parents over vodka martini packed in school lunch: ‘That is NOT apple juice’

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Atlanta-area police blast parents over vodka martini packed in school lunch: ‘That is NOT apple juice’

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An Atlanta-area police department issued a blunt notice to parents after officers claimed a child brought a vodka-based beverage to school — tucked beside Doritos in a packed lunch.

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The City of South Fulton Police Department sounded off about the incident in a now-viral Facebook post, warning parents to “CHECK. THE. LUNCHBOX.”

“Say Twin… Before you send them babies off to school… CHECK. THE. LUNCHBOX. Because why are we getting reports of juice boxes sitting next to… Cutwater margaritas??” the department wrote.

Officials also shared a photo of the alleged lunchbox, containing what appears to be a child’s lunch, Doritos and a Cutwater Lemon Drop Martini.

The police department shared a photo of a Cutwater canned cocktail in a lunchbox. (City of South Fulton Police Department via Facebook)

“That is NOT Capri Sun. That is NOT Apple Juice. That is a whole ‘Parent had a long night’ starter pack,” the department wrote. “Now little Johnny done pulled up to 3rd period talking about: ‘Who want fruit snacks?’ knowing good and well he got a Lemon Drop Martini in the zipper pocket.”

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Cutwater Lemon Drop Martinis, as found in the lunchbox, are 11% ABV ready-to-drink cocktails made with vodka, triple sec, lemon juice and natural flavors.

They come in 12-ounce cans, similar in appearance to a soda can.

The City of South Fulton Police Department issued a statement after the apparent mishap. (City of South Fulton Police Department via Facebook)

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The department said it understands mornings can be hectic, but issued a stern notice to parents to “TIGHTEN UP.”

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“Your child shouldn’t be the only one in the cafeteria with a beverage that requires an ID,” authorities wrote. “If it says 12% ABV… it does NOT belong next to a PB&J.”

Officials also provided a “quick parent checklist,” with items including: “Homework,” “Lunch packed,” and “Alcoholic beverages.”

Boxes of Cutwater Tiki Rum Mai Tai and Strawberry Margarita canned cocktails. (Gado/Getty Images)

“Check the lunchbox before the Fulton County Schools Police resource officers gotta do inventory at recess,” the department added.

It is unclear if any parents or students were disciplined in relation to the mix-up.

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Fulton County Schools did not immediately respond to Fox News Digital’s request for comment.

The City of South Fulton, Georgia, is a rapidly growing municipality located about 20 minutes from Atlanta and Hartsfield-Jackson International Airport.

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Federal prosecutor admits ‘extraordinary’ timing in Abrego Garcia smuggling case charges

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Federal prosecutor admits ‘extraordinary’ timing in Abrego Garcia smuggling case charges

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A federal prosecutor acknowledged Thursday that the decision to charge Salvadoran migrant Kilmar Abrego Garcia two years after a routine traffic stop was “extraordinary” while defending the human smuggling case as legally justified.

Abrego Garcia, 31, has become a flash point in the national immigration debate since last March, when he was deported to El Salvador in violation of a 2019 court order in what Trump administration officials acknowledged was an “administrative error.” 

The Supreme Court later ruled that the administration had to work to bring him back to the U.S.

After returning in June, Abrego Garcia was taken into federal custody in Nashville and detained on human smuggling charges stemming from a 2022 traffic stop in Tennessee.

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He has pleaded not guilty and is seeking dismissal of the charges on the grounds of vindictive and selective prosecution.

Kilmar Abrego Garcia and his wife Jennifer Vasquez Sura, left, are accompanied by Lydia Walther-Rodriguez, right, of We Are Casa, as they leave the federal courthouse, Thursday, in Nashville, Tenn. (AP Photo/George Walker IV)

A 2019 court order prevents Abrego Garcia from being deported to El Salvador after an immigration judge determined he faced danger from a gang that had threatened his family. He immigrated to the U.S. illegally as a teenager and has been under the supervision of Immigration and Customs Enforcement (ICE). 

Abrego Garcia was accused in court records of repeated domestic violence against his wife, who alleged multiple incidents of physical abuse in protective order filings. She later withdrew the protective order request and has defended her husband publicly. 

The Department of Homeland Security has also said he was living in the U.S. illegally and has alleged ties to MS-13, disputing portrayals of him as simply a “Maryland man.” His attorneys have denied the gang allegations.

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Tennessee Highway Patrol body camera footage from when Abrego Garcia was pulled over for speeding shows a calm exchange with officers. While officers discussed suspicions of smuggling among themselves — noting there were nine passengers in the vehicle — Abrego Garcia was issued only a warning.

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A woman holds a sign in support of Kilmar Abrego Garcia in front of the U.S. District Court in Nashville. (Getty Images )

First Assistant U.S. Attorney for the Middle District of Tennessee Rob McGuire, who was acting U.S. attorney in April 2025, testified Thursday that his decision to charge Abrego Garcia was based on the evidence.

“I had previously prosecuted several human smuggling cases,” McGuire said, noting that after seeing video of the traffic stop, “I was immediately struck by how similar what was being depicted in the body cam was to those investigations.”

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McGuire said Abrego Garcia’s vehicle belonged to someone with “a human smuggling background” and added that the route was “suspicious.”

“It was a large number of individuals traveling in one SUV with a driver who spoke for the group. No one had luggage… the car had Texas plates… the route was suspicious,” McGuire said.

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Kilmar Abrego Garcia arrived at the federal courthouse, Thursday, for a hearing on whether the charges against him should be dismissed. (AP Photo/George Walker IV)

During cross-examination, McGuire acknowledged that the timing of the charges, coming so long after the traffic stop, was “extraordinary.”

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He said he had not previously been aware of the traffic stop but reiterated that nobody in the Trump administration, including the White House or the Department of Justice, pressured him to seek the indictment.

When asked about whether he might have felt pressure to prosecute the case, McGuire said, “I’m not going to do something that is wrong to keep my job.”

DHS OFFICIAL RIPS KILMAR ABREGO GARCIA FOR ‘MAKING TIKTOKS’ WHILE AGENCY FACES GAG ORDER

Kilmar Abrego Garcia, right, and his brother Cesar Abrego Garcia, center, arrive at the Immigration and Customs Enforcement field office in Baltimore, Aug. 25, 2025. (AP Photo/Stephanie Scarbrough)

McGuire also said timing factored into charging Abrego Garcia since he was being held in El Salvador, and he did not want the indictment to go public before all senior officials were briefed on the matter.

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“I knew from the get-go that this was going to be a controversial matter,” McGuire said.

U.S. District Judge Waverly D. Crenshaw did not make a ruling Thursday and said he would wait to receive post-hearing briefs from attorneys by March 5 before determining whether another hearing is necessary.

Crenshaw previously found some evidence that the prosecution “may be vindictive” and that prior statements by Trump administration officials “raise cause for concern.”

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Thursday’s court appearance came after a federal judge blocked the Trump administration from re-arresting Abrego Garcia into federal immigration custody on Feb. 17.

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Fox News Digital’s Breanne Deppisch, Jake Gibson and The Associated Press contributed to this report.

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