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 STANDS – Amends 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.