OMAHA, Neb. (AP) — The City Council has rejected a proposal that would have required food truck operators to collect Omaha’s 2.5 percent restaurant tax.

The measure failed on a 3-4 vote Tuesday after members debated and rejected an amendment that would have lowered the tax rate.

Food trucks were exempted when the council approved the restaurant tax in 2010. In May restaurant owner Michael Henery sued the city, saying it’s not fair that food trucks don’t pay the tax. The lawsuit also says the tax is unconstitutional. Henery is seeking a $100,000 refund.