I suppose I know what you mean regarding Applebees, Chiles and the like, but certainly Chicago neighborhoods are awash in chain dining places -- McDonald's, Wendy's and other fast food spots, Domino's Pizza, IHOP, Dunkin Donuts, etc. And there are the Golden Nuggets and other similar Denny's-like chain places sprinkled all over. I also would guess (but have not researched the issue) that an anti-chain restaurant ordinance would be constitutionally suspect. There would likely be a valid argument against such an ordinance based on Commerce Clause and/or equal protection principles. While it may be acceptable to regulate businesses as a group (e.g., you can require business licenses, submittal to inspections, etc.), all businesses in a category more or less have to be treated equally, not discriminated on based on who owns them -- especially if the way you draw the line is local versus out-of-state ownership argument (which would be the primary distinction between most "chains" and local, Chicago restaurants). That, for example, is the principle applied in
the U.S. Supreme Court's recent ruling that State laws banning importation of wine by individuals were unconstitutional in States where similar laws did not apply to in-State wines. One interesting upshot of this branch of Constitutional jurisprudence is that it does not require a State to allow out-of-state businesses to operate in-state,
if they also ban the same business activities by in-state businesses. So, for example, as the article linked to above indicates, Virginia is not impacted by the Supreme Court's recent ruling, because they
already allowed every resident to purchase one bottle of wine a month by mail, whether from in-Virginia or out-of-Virginia sources. Maryland also was not impacted by the ruling, but for the opposite reason -- in Maryland, it is against the law for residents to purchase any wine by mail, from any source (in-Maryland or out-) -- which while backwards, stupid and draconian is
just as acceptable under the U.S. Constitution. So, getting back on topic, if Chicago wanted to ban chain restaurants, it would probably have to ban ALL restaurants, locally owned and out-of-Illinois or Chicago owned. Or at least that's my hunch on how it would come down; I'm no Constitutional scholar, that's for sure. (I assume for this argument that the legal surrogate for "chain" would be "out of state ownership," not just "several restaurants with common ownership and/or franchise system," because the latter approach would wipe out Al's Italian Beef, Golden Nugget, and many other local Chicago restaurants with multiple locations). As George H.W. Bush used to say, "Not gunna happen."
Last edited by
JimInLoganSquare on June 18th, 2005, 4:07 pm, edited 1 time in total.