The City of Chicago may have gone too far in banning restaurants from serving foie gras unless it can show that the “ethical treatment” of animals outside its boundaries is a legitimate local problem.

The Illinois Constitution broadly allows “home rule” municipalities to “exercise any power and perform any function pertaining to its government and affairs including, but not limited to the power to regulate for the protection of the public health, safety, morals and welfare.”

But in an injunctive relief action, the Illinois Restaurant Association says the Chicago City Council exceeded its home rule powers last April when it became the first city in the nation to enact a ban on foie gras, the fattened liver of a force-fed duck or goose.

“[T]he City of Chicago's delegated authority permits it to legislate only with respect to problems in which Chicago has a legitimate and substantial local interest,” the complaint, filed in Cook County Circuit Court, states.

In passing the ban, the city cited the “unethical practices of the care and preparation of the livers of birds.” But birds aren't raised for foie gras anywhere near Chicago.

“Whether the treatment of animals in Canada, France or New York leading to the production of foie gras is or is not humane is not ... a substantial local problem,” the restaurant association argues.

How banning foie gras relates to the “public health, safety, morals and welfare” of Chicago residents is unclear. The city's poorly worded ordinance says only that

By ensuring the ethical treatment of animals, who are the source of the food offered in our restaurants, the City of Chicago is able to continue to offer the best in dining experiences.

Is the city really suggesting that diners will not patronize Chicago's “legendary” restaurants simply because a handful of those restaurants serve foie gras?

The Illinois Court of Appeals has said that “A municipality has broad discretion to determine not only what the interests of the public welfare require but what measures are necessary to secure those interests.” Kalodimos v. Village of Morton Grove, 447 N.E.2d 849 (1983).

But that case involved handgun control –- a much more substantial local issue than foie gras production. “We have children getting killed by gang leaders and dope dealers. This city has real issues. And we’re dealing with foie gras?” Chicago Mayor Richard Daley told the Chicago Sun-Times.

Merci beaucoup, Mr. Mayor. You said it best.

By Peyton Burgess (CNS)
9/10/06