DeKalb unlikely to establish ‘home-rule’
January 22, 1988
Under provisions in the Illinois constitution, DeKalb could establish a “home-rule” allowing minors to enter bars, but local officials say it has little chance of passing here.
The 1970 Illinois State Constitution states a city automatically has home-rule status if its population is 25,000 or more, DeKalb Deputy City Clerk Donna Johnson said. Cities with a smaller population can elect to have the home-rule status by a referendum vote, she said. DeKalb’s population is about 33,000.
Johnson said a city can carry out a wide variety of actions under home-rule, including allowing minors into “Class A” establishments (bars) without a parent or legal guardian. Minors would not be allowed to purchase alcohol, however, she said.
Until 1979, when Illinois changed the legal drinking age to 21, those 19 and older could consume beer and wine, but no one younger than 21 was allowed to consume hard liquor, Johnson said.
DeKalb used its home-rule status to allow 19- and 20- year-olds to consume all three forms of alcohol, she said. But with the new 21-year-old drinking age, home-rule cannot allow minors to drink at all, she said.
DeKalb does not allow anyone younger than 21 to enter a Class A establishment without a parent or legal guardian, said DeKalb City Attorney Ron Matekaitis.
He said DeKalb has the power to allow those aged 19 and 20 into bars, but not to consume alcohol. The issue has never been brought up before the city council.
A majority of DeKalb’s City Council has never favored this ruling, Matekaitis said. If four members approved, the proper amendments would be drawn, and the issue could be voted on, he said.
When Christine Hoagland, 1st Ward alderwoman, was elected to DeKalb’s City Council last April, she told The Northern Star one of her primary goals was to use DeKalb’s status as a home-rule city to lower the minimum age of admission into bars from 21 to 19.
“The residents of my ward are interested in it. I have to concern myself in what they are interested in,” Hoagland told the Star.
Hoagland was not available for further comment.
Matekaitis also said bar owners have a reluctance toward the arrangement because they run the risk of a suspended or lost liquor license if police caught a minor drinking alcohol.
Chris Como, manager of Otto’s, 111 E. Lincoln Hwy, said she would not like to see the ruling passed. She said Otto’s has trouble with the current drinking age. Once in the bar, anyone 19 or 20 with older friends could easily get their friends to buy them drinks, Como said.
McCabe’s, 323 E. Lincoln Hwy, co-owner Robert Goering said he favored the home-rule from an economic standpoint.
Goering said, “Since other cities are doing it, why shouldn’t we?”
Lito Nepomicha, manager/owner of The Jungle, 1027 W. Hillcrest, said The Jungle was “100 percent” in favor of minors allowed in its establishment.
“(Those) under 21 have the same right to entertainment as anyone over 21,” Nepomicha said. “We would like to have younger people have something to do, but we have to respect the law,” he said.