Chicago business owners push back on proposed ordinance targeting ‘troubled’ businesses

CHICAGO - Some aldermen see their ordinance as a potential solution to crack down on criminal activity, and businesses that are accused of enabling criminal activity.

What we know:

The proposed ordinance, written by Alderman Walter Burnett, 27th Ward, Felix Cardona Jr., 31st Ward, Scott Waguespack, 32nd Ward, and Brendan Reilly (42nd) is designed to give the city more tools to address businesses associated with repeated public safety or nuisance problems.

But during a committee hearing, some business owners pushed back, arguing they could face serious consequences for incidents occurring on public sidewalks or in the surrounding neighborhood.

Robert Boone, a Chicago convenience store operator, said he has been in business for 30 years. He told aldermen Wednesday that he already cards customers for alcohol and tobacco and cannot legally police what people do outside his store.

"To do things on our sidewalks that would jeopardize my license or my license renewal, I think is unfair," said Boone. "That doesn't give me any rights to tell people what to do outside our store. This is one of those laws or ordinances that I think would put me out of business."

Boone also warned about the potential impact on his employees, saying he employs 12 people, some of whom have worked for him for 20 years.

Another business owner, Mike Elias described a much more serious situation. He said one of his employees was shot seven times after confronting someone who had repeatedly stolen from his store. He told aldermen businesses are caught in a difficult position when problems happen outside their doors — because owners can be expected to address the problem, while also being told to call police. Elias also said an intoxicated man threatened to kill his wife, when she asked him not to sleep in front of their store.

"I think you guys should really consider encouraging us to come, you know, contact law enforcement, get them more involved, to stop these in it," said Elias. "When it's a smaller situation, smaller problem, before it grows big. A lot of businesses deal with the problem because we are afraid of calling police, because we're afraid we're gonna get dinged, we're going to get some sergeant, somebody's going to be upset, oh, this is a troubled business, it's always causing trouble for us, causing like, you know, giving us a call 10 times a day. We don't want to do that."

A 7-Eleven owner, Jigar Shah, made a similar argument, saying his store has invested in cameras, worked with police and obtained a trespassing order involving a person who repeatedly came to the business. He spoke about a time a homeless man became belligerent, where he was allegedly blocking customers from coming into the store, and led to the man physically assaulting a customer. 

" I have spent my blood, sweat, and tears into this business by just stopping the stoplifting, having my jaw and nose being broken, leading to my managers being held on the choke, trying to stop the congregations and the lawlessness that goes outside my stores," said Shah. "How would this ordinance stop in giving this from congregating outside of our store?"

He said business owners need more tools to make their employees and neighborhoods safer.

Another small business owner, Emily Young, said she supports the goal of safer neighborhoods but believes the ordinance could make businesses responsible for circumstances they cannot reasonably control.

"I cannot control the behavior of individuals on a public sidewalk or street," said Young. "I cannot prevent every instance of loitering, public drinking, or criminal activity that may occur near my business. Yet under this proposal, those circumstances could result in additional operating requirements, substantial fines, and potential consequences for my license."

Young said business owners should be encouraged to call police when there is a problem — not worry that requesting police assistance could eventually hurt their business license.

The Illinois Retail Merchants Association also raised concerns about the proposal.

A representative said businesses should be held accountable for their own conduct, but responsible retailers should not face licensing consequences simply because they are victims of crime, request police assistance or operate in neighborhoods experiencing broader public safety problems.

What's next:

The ordinance is facing pushback from business owners and retail groups who want additional changes before it moves forward. It was not on the agenda during Wednesday's committee hearing on licensing and consumer protection, and no votes were taken on the matter. It's unclear when the ordinance will be heard in committee. Fox Chicago will keep you updated the next time alders hear this proposed ordinance.