The Barn’s lawsuit against the city of DeKalb, which cites that certain prohibitions in Chapter 38 of the DeKalb Municipal Code are unconstitutional, has moved to the federal courts.

The establishment, 1215 Blackhawk Road, brought a lawsuit against Mayor Greg Sparrow and city council members in January after modifications were made to the liquor ordinance in December.

The regulations it mostly disagrees with are that Class E liquor license holders have to stop selling liquor one hour earlier than those with Class A licenses and they are unable to charge cover.

City Attorney Margo Ely said the case was moved to a higher court because it has more expertise to handle constitutional issues.

Ely and the city will put in a motion to dismiss the case, stating there is not enough evidence for a case.

Jim Adinamis, who is representing The Barn, said an amended charge would be filed soon.

The lawsuit seems “frivolous,” Sparrow said, adding that he does not see anything unconstitutional about it.

Legally, Sparrow said, cities that allow for the sale of alcohol have an agreement with the state so they can amend their laws if they please.

“We don’t have to have liquor,” Sparrow said. “We can go dry.”

Though The Barn does not agree with the laws, it still has to follow them, even with the lawsuit pending, Ely said.

Last week, the city charged The Barn for charging cover to enter the establishment on Feb. 6 and Feb. 20 and for letting three minors into the bar area. The minors allegedly were served, consumed and possessed alcohol.

Sgt. Gary Spangler said the investigation began when patrons of the establishment said they weren’t allowed in when they refused to pay $5.

Chris Gochis, son of the owner, said the charges were false.

He said the establishment does not charge a $5 cover to enter; there is only a $5 charge for its Friday pizza buffet. Commenting on the minors in his establishment, Gochis said they were employees. Bars are allowed to hire people under 21 as long as they don’t consume alcohol.

Gochis said the police didn’t arrest the minors or say anything to The Barn when they allegedly saw a cover charge being charged.

“That’s the problem,” he said. “They continuously harass us.”

He added that in 35 years of doing business in other cities, he never has had these types of problems.

It could take up to six months for the case to be dismissed, Ely said. If the case goes to a full trial, it could last up to two years.