Springfield ordinance on pedestrians in roadways pulled from final passage. Here's why

Owners of Clique, an LGBTQ bar in Springfield, Josh Delcour, left, and Justin Rebbe, center left, talk with Tonee Roper of Huff Media, right, after excepting their award for Best Night Life at the Downtown Springfield, Inc.'s 29th annual Dinner and Awards on April 6.
Owners of Clique, an LGBTQ bar in Springfield, Josh Delcour, left, and Justin Rebbe, center left, talk with Tonee Roper of Huff Media, right, after excepting their award for Best Night Life at the Downtown Springfield, Inc.'s 29th annual Dinner and Awards on April 6.

An ordinance about people in roadways that Springfield Mayor Jim Langfelder insisted was a matter of public safety was pulled from final passage at Tuesday's city council meeting after corporation counsel wanted to review a letter from the ACLU of Illinois.

Langfelder said city council members received the letter via email Tuesday although the letter was dated April 12.

Ed Yohnka, the director of communication and public policy for the ACLU, said Tuesday the letter was emailed last week. The State Journal-Register received the letter on April 12.

See also: A Springfield High grad was snubbed the valedictorian title. 38 years later, she gets the honor

Langfelder said he didn't get a chance to read the letter.

In the letter, the ACLU and the Chicago Coalition for the Homeless state it was "concerned" to see broadening of the city code to exclude people from medians.

It urged council members to reject the ordinance.

The letter is signed by Rebecca Glenberg, senior supervising attorney for the ACLU and Patricia Nix-Hodes and Arturo Hernandez of the Chicago Coalition for the Homeless.

Although the ordinance would prohibit people from standing in medians and roadways for the purpose of approaching a vehicle for any reason, "it is clearly targeted at people seeking monetary contributions," the letter said.

It added the ordinance would be "unconstitutionally broad" as applied to speech, including panhandling.

The ordinance makes no attempt to confine itself to those situations that actually pose "a public safety risk" and does not differentiate between "moving vehicles and stopped vehicles, between busy streets and empty ones, or between high-visibility times and low-visibility times."

"Since the ordinance expressly allows a person 'to approach and enter a public transportation vehicle, a ride-share vehicle, or a private vehicle,' it is clear that there is nothing inherently dangerous about approaching a vehicle in the road, especially one that is stopped," it read. "The ordinance is also unconstitutionally vague, because it applies only to vehicles in 'normal traffic,' but that term is not defined in the ordinance or elsewhere in the code."

"What I am concerned about is safety on the roadways," Langfelder said. "We don't want distracted drivers. We don't want people in the medians."

Langfelder said he expected the ordinance to be brought up again May 3.

Clique gets 3 a.m. license

Clique, a LGBTQ bar at 411 E. Washington St., was approved for a 3 a.m. liquor license.

The nightspot has been operating for a little over a year under the ownership of Josh Delcour and Justin Rebbe, who purchased and moved the Club Station House owned by Ryan Bandy.

The 3 a.m. liquor license from that bar was reassigned to Clique.

The vote went 6-2 in favor with Ward 2 Ald. Shawn Gregory and Ward 7 Ald. Joe McMenamin voting no. Ward 4 Ald. John Fulgenzi voted "present." Ward 10 Ald. Ralph Hanauer was absent.

Earlier: Springfield Mayor: Roadway ordinance banning standing in medians a matter of public safety

"We feel great about the supporters," Delcour said. "We're here to provide a safe space for a community that didn't have one any longer, so we're just happy with the results."

Bandy said after he and Langfelder came to an agreement on the purchase price for the buildings that he owned right by the parking garage at Fourth and Washington Street, he expressed a notion to the mayor to see the Club Station House license go to the Clique owners.

"Justin Rebbe was my head bartender for 10 years and he's proven himself as a responsible businessperson and Josh I've known for 15, 16 years," said Bandy, who streamed the meeting.

"I wanted to continue the legacy of Club Station House. Josh and Justin have done a really good job with their business. (Ward 1) Ald. (Chuck) Redpath said it perfectly. He thought I was good businessowner downtown and these guys have proven themselves, too, and will continue to."

Langfelder said anytime there is a transfer of ownership "in this case it was a transfer of location, you have to come before the council for approval of the liquor license."

"I'm very pleased the mayor through his leadership found a way to make this happen to help this business continue to succeed," Bandy said. "This was a fair way. I'm glad to see the council wants to see our downtown continue to be a vibrant place that will continue to grow and be an entertainment destination for our region."

Chris Richmond of Moving Pillsbury Forward
Chris Richmond of Moving Pillsbury Forward

Environmental study for Pillsbury

The city may be putting $100,000 toward a "phase two study" of the former Pillsbury Mills site.

Langfelder said if the Springfield Housing Authority (Madison Park Place) TIF (Tax Increment Financing) was extended to include the old plant, which completely shut down in 2001, the city would offer the payment.

This past week Moving Pillsbury Forward, which holds the deed to the 18-acre site, signed a contract with Fehr Graham Engineering and Environmental of Springfield to conduct the phase two study.

One component of the study, said Chris Richmond of Moving Pillsbury Forward, is doing environmental testing of the structures beginning in May.

Engineers, Richmond said, would get a measure of what is left as far as lead paint and asbestos. A second component would be for Fehr Graham to do soil testing, he said.

The results of the testing would go to the Illinois Environmental Protection Agency with an eye toward getting permits to demolish the buildings Richmond said.

The city council could possibly vote on the matter as early as May 3, Langfelder said.

Parking lot nixed

The city council unanimously shot down a plan by owners of a home health agency to convert an empty lot at MacArthur Boulevard and Lawrence Avenue into a parking lot.

Kristin DiCenso, Jan. 20, 2019
Kristin DiCenso, Jan. 20, 2019

Ward 6 Ald. Kristin DiCenso said she was "a hard no" about the plan that would have provided five to eight parking spaces to employees of BrightStar Care.

Kurt DeWeese of the Historic West Side Neighborhood Association said the plan was "a significant safety hazard."

This story will be updated.

Contact Steven Spearie: 217-622-1788, [email protected], twitter.com/@StevenSpearie.

This article originally appeared on State Journal-Register: Clique bar in Springfield, IL is getting a 3 a.m. liquor license