<p>The head of the Illinois Restaurant Association says Chicago's uneven enforcement of rules banning strings of sparkling lights for outdoor dining areas is unfair to restaurant owners, who are already struggling.</p><p>President Sam Toia made the comments following the city's crackdown against one <a class="Link" href="https://chicago.suntimes.com/the-watchdogs/2026/08/12/lights-roscoe-village-cafes-bacp-outdoor-dining" >Roscoe Village restaurant’s outdoor lights</a> — even as scores of other restaurants hang them over sidewalks and parkways.</p><p>Lush Wine & Spirits, 2232 W. Roscoe St., was ordered in March to remove its decorative white lights after an inspector from the city's Department of Business Affairs and Consumer Protection said they got a complaint about Lush's lights.</p><p>Until then, Lush owner <a class="Link" href="https://chicago.suntimes.com/small-business/2026/02/07/lush-wine-spirits-roscoe-village-einhorn-tariffs" >Mitch Einhorn</a> — who has a sidewalk cafe permit — says he'd never heard of any law against hanging lights. Other eateries along Roscoe Street still use similar lights, as do dozens, if not hundreds, of other businesses citywide.</p><p>Toia says the BACP's complaint-driven system has created an uneven playing field for Chicago restaurants and it needs to stop.</p><p>"If there is a reason why they're telling us this is a hazard, then explain it because most restaurateurs are restaurateurs. They're not electricians. They're not building inspectors," Toia says. "They need to go deeper and tell us why. They need to tell us what the issue is and how to do it right. Otherwise, they need to let it go."</p><p>This summer, the Chicago Sun-Times spotted at least 40 eateries with outdoor lights on about 12 blocks along Lincoln Avenue and West Fulton Market and Randolph streets.</p><p>The strings of lights are typically draped high above the sidewalk. Some are attached to nearby parkway trees or city light poles; others are hung on wooden pergolas covering eating areas.</p><p>Many are plugged into outdoor outlets or hooked up to extension cords that are flush against the sides of buildings. In some cases, cords are hidden inside a conduit mounted on a pergola.</p><p>Spokespersons for the Chicago Department of Buildings and the Department of Transportation say the law banning lights is <a class="Link" href="https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2652655" target="_blank" ><u>Chapter 10-29</u></a> of the Municipal Code of Chicago, which governs "wires, pipes, cables and conduits on, under or over public property" — with public property, in this case, being city sidewalks and parkways.</p><p>But the law seems to allow for some wiggle room.</p><p>The ordinance says wires or cables aren't allowed "without first having obtained a permit issued by the department of transportation after consultation with the office of emergency management and communications."</p><p>Einhorn says he asked BACP how to apply for a permit to make his lights legal and was told there is no application process.</p><p>Staff at Ald. Matt Martin's (47th) office emailed the Sun-Times saying they're "aware of this issue and are working with BACP to identify a path forward for sidewalk cafes to have string lights, whether that is a procedure change or a legislative one."</p><p>Ald. Debra Silverstein (50th), who chairs the City Council committee overseeing BACP, says “small businesses are already facing enormous challenges, and the city should be looking for ways to support them, not finding new ways to fine them."</p><p>"I intend to review this issue with my colleagues and explore whether there are legislative options to provide greater clarity and protect small business owners while maintaining appropriate safety standards," Silverstein says.</p><p>Elisa Sledzinska, BACP’s deputy commissioner for communications and outreach, says in an email that the department, which administers the city's sidewalk cafe program, is simply enforcing the municipal code.</p><p>"BACP uses CDOT and DOB [Department of Buildings] guidance to issue permits. BACP does not have an opinion on this law; we enforce the Municipal Code of Chicago. CDOT has shared that lights in and of themselves would not be a violation, but if they are stringing/hanging cables, wires or conduits on City assets or across the right of way that would be a violation," Sledzinska says.</p><p>Lights are a fixture of outdoor cafes in metropolitan areas around the country.</p><p>Toia says at a time when restaurants are fighting for survival amid rising food, labor and operating costs, every little bit helps — including strings of white lights that create a romantic and enticing atmosphere for outdoor diners.</p><p>"It's ambience. It brings a healing. It brings a European feeling — eating outside with some lights. It's kind of the aesthetics," he says.</p><div class="RelatedList Enhancement" data-module data-align-center>
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<a class="Link" href="https://chicago.suntimes.com/the-watchdogs/2026/08/12/lights-roscoe-village-cafes-bacp-outdoor-dining" >Lights out for a Roscoe Village cafe’s outdoor dining — even as others shine on</a>
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Illinois Restaurant Association chief calls out uneven enforcement of sidewalk cafe lights rule 2026
IUSTITIA.BG – Investigations 2009-2026 2026-09-18 11:13:06
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