The Brick House Grill food truck without any customers during the Holiday Stroll on Nov. 29, 2025. Courtesy photo/Brick House Grill

NASHUA – Brick House Grill recently filed a $9,900 small claims lawsuit against the city following an operational dispute at the 2025 Holiday Stroll, which prevented the business from running its food truck.

However, rather than settling the case in Small Claims Court, the city has opted to take the matter before a jury in Hillsborough County Superior Court.

Upon arrival at the Holiday Stroll, Brick House owner Cheryl Palermo and her employees were told by the Downtown Nashua Association that their setup was acceptable but that an additional outdoor sink “should be added next year.”

Thirty minutes later, a supervisor from the city’s Environmental Health Department determined that the food truck could not open as there was no additional outdoor sink.

After 90 minutes of protest, Brick House was given the opportunity to open its trailer, which only accounts for 20 percent of its business. However, by that time, the number of customers had dwindled dramatically. Therefore, Palermo and her employees decided to remain closed.

Following the event, the Environmental Health Department issued a different determination indicating that the food truck’s closure was caused by the tent canopy not meeting fire safety regulations.

“At the event, we were initially told we could not operate due to a sink issue,” said Palermo. “The explanation regarding the tent was never clearly communicated at the time. If the tent was the issue, it could have been removed immediately.”

The tent used by Brick House was approved by the California Department of Forestry and Fire Protection, which runs a national testing program for flame-retardant fabrics. This program is honored in seven states, including New Hampshire.

Prior to the Holiday Stroll, the Board of Health issued guidance stating: “Overhead protection is required in the food storage and distribution area. This can be accomplished by an awning or EZ-up style canopy. If cooking is occurring, these tents must be NFPA 701 rated.”

“Based on that guidance, the use of a tent or canopy was not only permitted but required for compliance,” said Palermo.

For the past three years, Brick House, located in Revere, Mass., has operated a food truck at more than 100 events without incident. Palermo said Nashua Fire Rescue never inspected the tent and that the actions taken by the Environmental Health Department were “not based on the actual law.”

However, Palermo is not looking for a fight and has filed a motion requesting that the matter be resolved through mediation rather than a jury trial.

“Not only am I ready and willing to resolve this matter through mediation, but no one representing the city has made any attempt to contact me to discuss resolution,” she said. “Instead, they immediately escalated this into a much more expensive legal process.”

Corporation Counsel Steven Bolton maintains that there is nothing wrong with pursuing the case in Superior Court.

“We asked that it be transferred to Superior Court because there’s a Constitutional right to have that done,” he said.

Palermo said it would be a disservice to Nashua’s taxpayers to try a case where the amount is less than $10,000.

“This raises a serious concern for Nashua residents,” she said. “Why would the city choose to spend tens of thousands of taxpayer dollars fighting a $9,900 claim instead of simply picking up the phone and working toward a fair resolution?”