Peter Gochis, owner of The Barn, 1215 Blackhawk Road, is suing Mayor Greg Sparrow and the city of DeKalb because of a recent ordinance that restricts bar hours and charging cover.

The new ordinance requires Class E establishments to stop selling alcohol at midnight during the week and at 1 a.m. Thursday, Friday and Saturday nights. It also states that Class E establishments can’t charge people cover to enter the establishment.

The lawsuit states the new ordinance has gone overboard and is unconstitutional.

It also states that no one notified the plaintiff, or other Class E license holders, that there could be a change and that there was no rational basis for the change.

Not everyone sees the substance behind the suit.

“I am confident that the city will prevail,” City Attorney Margo Ely said.

Ely said three public hearings were held by the liquor commission about the possible change and that Gochis was present at all of them. She said he also was present at the city council meetings when it was discussed.

The law was established because Class A owners said there wasn’t enough distinction between the two licenses.

“If I was informed there was a problem between Class A and Class E, I would have never opened up,” said Dennis Radcliff, owner of Husky’s Grill and Sports Bar, 1205 W. Lincoln Highway, a Class E establishment.

Sparrow said he hasn’t heard complaints from other Class E establishments about the change. Class E establishments are those which need to have at least 60 percent of their sales come from food and non-alcoholic beverages, and no more than 40 percent can come from alcoholic beverages.

“Every other one closed before the time anyway,” Sparrow said. “It just really affected the Barn and Husky’s.”

Now that a cover can’t be charged, Radcliff said they’ll have no way to supply entertainment to patrons because of cost and limited time any band would have on stage.

“We have not had entertainment since the law was passed,” he said.

Radcliff said Gochis asked him to join in the lawsuit but declined because of the attorney and court costs.

Gochis declined to comment on the lawsuit.

Sparrow, like Ely, said he believes the city has nothing to worry about.

“I don’t know what they expect to gain from this,” he said.

He also said the city council are policymakers and they are not required to give prior notification for new laws. In DeKalb, laws are put into effect 10 days after they are approved.

Though the lawsuit was filed, The Barn must continue to follow the current laws, Sparrow said. If they don’t, they’ll have to come before him and he will have to file a punishment.

Punishments for not following liquor laws range from fines to suspension and expulsion of liquor licenses.

“The liquor industry is heavily regulated,” Ely said.

Ely said the lawsuit could take six months to two years to resolve.

She also said that the last time an ordinance was challenged, the city won and it took several years before it was resolved.