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July 20, 2024

Chicago kids receive legislative carve out – it’s not good!

By Kirk Allen & John Kraft

On February 22, 2020

Springfield (ECWd) –

I came across proposed legislation regarding lemonade stands and initially said to myself, it’s about time a bill was introduced that makes sense.

I jumped the gun! 

I fell for the same trap we talked about in the residential garden bill article.  All kinds of great language make you think it’s a great bill. In fact, everything in the bill makes sense…..up to the very last provision.

(d) This does not apply to the City of Chicago (Full Text of Bill)

SB-3459 – FOOD HANDLING-LEMONADE STANDSAmends the Food Handling Regulation Enforcement Act. Provides that, notwithstanding any other provision of law, a unit of local government or local public health authority shall not require a license, permit, or fee for the sale of lemonade or other nonalcoholic beverage by an individual under 18 years of age from a stand on private property with permission of the owner of the private property or in a public park. Provides that an individual selling lemonade or other nonalcoholic beverage under the provisions and the owner of private property upon which the lemonade or other nonalcoholic beverage is sold do not owe a duty of care to persons buying lemonade or nonalcoholic beverages, and are not liable for any injury incurred by such persons except for willful or wanton misconduct or gross negligence. Provides that a unit of local government or local public health authority may require an individual selling lemonade or nonalcoholic beverage under the amendatory provisions to provide notice of his or her lack of a duty of care and liability. Effective immediately.

This is a great bill for everyone in the state but does not apply to the City of Chicago?

Whatever happened to the Equal Protection clause of our constitution?  Why are lawmakers drafting bills that only apply to certain communities?  Are the kids in Chicago any less worthy than the rest of the state?  Why should they be subject to a license, permit, or fee for their lemonade stand?

Is it just me or does everyone else see the problem I see?

While I fully support this type of legislation that makes it easier for kids to exercise their entrepreneurial spirit, why on earth would you not make the law applicable to the very city that has more kids than any other in the state?

Who knows, maybe this is the first step in the Illinois Separation from Chicago movement.

Stay tuned for the next episode of looney tune laws from Springfield.

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  • Dave
    Posted at 11:00h, 22 February Reply

    No person shall be deprived of life, liberty or property without due process of law nor be denied the equal protection of the laws. ~ (Source: Illinois Constitution.)

    Why aren’t Chicago children equal under this discriminatory proposed law?? In the Illinois constitution’s preamble, it states one purpose of state govt is to eliminate inequality. Some of these elected officials think they are above the law..

  • Paul K.
    Posted at 15:04h, 22 February Reply

    Yes, yes Mr. Allen. Representatives in the lower house can make this an excellent bill!

    Posted at 08:00h, 24 February Reply

    Maybe they think the Illinois Separation thing will happen so no need to include Chicago in their legislation. Seriously though, the loss of all of those lemonade stand permits would probably put Chicago right into bankruptcy.

  • James J. Pancrazio
    Posted at 09:14h, 01 March Reply

    Probably has to do with licensing fees collected by the city.

  • Mike
    Posted at 20:24h, 05 March Reply

    Illinois has many laws and systems that apply everywhere except Chicago or Cook County, or only includes Chicago or Cook County.

    Such laws typically specify a city or county over or under a certain population, as opposed to specifically stating Chicago or Cook County.

    Property taxes are different in Cook County than the rest of the state.

    All the Chicago pension funds are specific to Chicago only.

    There are two pension funds specific to Cook County only, plus MWRD of which only a small portion of any is outside of Cook County.

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