Legal At Last
Homebased businesses are finally legal in Chicago. Here's how they did it.
URL:
http://www.entrepreneur.com/magazine/entrepreneur/1996/january/28996.html
On the face of it, the passage of legislation last May
legalizing homebased businesses in Chicago was just a matter of
timing. After all, America is in a growing love affair with the
concept of working from home. Corporations are restructuring,
throwing thousand of workers into an overcrowded and hostile job
market and prompting many of them to start businesses from home. At
the same time, technology has made creating a professional
homebased business almost as simple as flicking a switch.
Legalizing homebased businesses in America's third largest
city was simply a concept whose time had come. that's all there
was to it . . . right?
Not quite.
In fact, the battle to win approval of the ordinance to legalize
these businesses turned into a 12-year fight in the Chicago city
council that involved redefining homebased business as an economic
concern rather than a women's issue and creating powerful
alliances between government, homebased business advocates and
corporate America.
The first efforts to legalize homebased business in Chicago
began in late 1982 and were primarily spurred by public officials,
remembers Coralee Kern, president of the National Association for
the Cottage Industry. "We wrote and rewrote the zoning
ordinances and sent away to other cities to find out what they were
doing, but nobody really paid attention to us," says Kern.
"It also started out as an issue with the Chicago Advisory
Council on Women [established by then-Mayor Harold
Washington]," explains Hedy Ratner, Executive director of the
Women's Business Development Center. "At that time, zoning
regulations in Chicago did not allow homebased business, so women
[who made up most homebased business owners] were functioning
illegally. This meant they could not get business loans,
couldn't get certified as woman-owned businesses and
couldn't get licenses."
They also couldn't get city contracts, grants or credit card
merchant status, and were simply not taken seriously, adds Ida
Bialik, owner and publisher of the Women In Business Yellow
Pages and another early advocate of legalization.
Despite the commission's efforts, Ratner says, they spent
years going back and forth between the city administration and the
Chicago aldermen trying to get someone to introduce the
legislation. No one would.
"It was a classic land use issue," says Chicago zoning
administrator Paul Woznicki. "People's biggest investment
is their homes, and they want to maintain the integrity of the
residential area."
In addition, Bialik says, unions-most notably the International
Ladies Garment Workers Union and the Amalgamated Clothing and
Textile Workers Union-were concerned that legalizing homebased
businesses would enable unscrupulous employers to create abusive,
"sweatshop" work environments.
All the opposition had almost halted the movement's
momentum, Bialik remembers, when several events helped to reignite
the fire in proponents of legalization.
Around 1992, says Bialik, Baby Bell company Ameritech "put
an ad in the paper saying they were targeting the home office
market. I called them and asked how the city felt abut them
targeting an illegal business."
That didn't get her anywhere, so she went to the zoning
commission to see how it felt about Ameritech's actions as well
as those of Sears, which had just begun offering employees the
option of telecommuting.
The flames were fanned even further during the 1993 Illinois
Women's Economic Summit. Legalizaing homebased businesses was
put on the summit's agenda, and during what turned into an
almost daylong meeting on the issue, Kern says attendees got truly
fired up.
"Cindy Richards, who was on the editorial board of the
Chicago Sun Times, was there, and when she didn't leave
the room to go to any other meeting, I knew something was going to
happen," recalls Kern.
At that meeting, 70 women's organizations representing
thousands of members agreed to actively work on legalization. And
for the next year, Kern, Bialik, Ratner and other volunteers held
meetings with, sent faxes and letters to, and made phone calls to
city officials in the zoning, fire, building and safety departments
to keep them abreast of developments.
The activists' diligence paid off, and in September 1994,
the first meeting of the Home Occupations Task Force, created by
Mayor Richard Daley, was held. By May 1995, an ordinance had been
unanimously approved by the city aldermen. It included a provision
to monitor implementation of the law and review it in a year and
was also written to address many of the objections raised by
opponents of legalization.
Among the restrictions in the law created to maintain the
residential character of neighborhoods were limiting delivery
times, controlling the number of customers and patrons in the home
at any one time, and allowing the use of only 300 square feet of
the house, says Ben Gibson, chief assistant of the city's
corporation council.
To satisfy union concerns about a resurgence of sweatshops, says
Bialik, a section was included that specifically mentioned an
existing law preventing such activity.
No matter what city you're in, changing decades-old zoning
regulations is no walk in the park. Those who decide to make the
effort face stiff resistance from homeowners, politicians and city
officials alike. Chicago proponents offer the following advice as a
road map to help you successfully negotiate the process:
- Define the issue, but be careful you don't make the focus
so narrow (a women's/minority/senior citizen issue) that you
are easily ignored. A more broad-based approach allows the
formation of strategic alliances among small businesses and with
larger companies that are targeting the homebased business market.
Also get the support of organizations, such as chambers of commerce
and small-business development centers.
- Demonstrate how homebased businesses fit into the economic
picture of the area, and show evidence of their contributions.
- Find homebased entrepreneurs willing to stand up and be counted
through letter-writing and speaking at public hearings.
- Use the media, taking advantage of the national publicity the
homebased business movement is garnering.
- Find supportive legislators who will introduce and push an
ordinance through.
"You've also got to pull together all the
administrative departments the ordinance will impact-the fire
department, zoning, building and so on," advises zoning
administrator Woznicki. "You've got to bring all parties
[officials, entrepreneurs, corporations and assistance
organizations] together so they can understand the different
perspectives."
Kern suggests contracting the American Planning Association, a
nonprofit city-planning organization that offers books and booklets
on zoning for homebased business. Call them at (312) 431-9100.
The key to success is continued forward momentum,, says Bialik.
Victory won't come in a day, a week or even a month, but with
persistence and a carefully orchestrated plan, it can come.
Looking for homebased business assistance? Check out the
following.
- Alabama Cooperative Extension Service works one-on-one
to help entrepreneurs create homebased businesses in fields as
diverse as sewing and medical billing. Contact Georgia Aycock, 163
Spidle Hall, Auburn University, Auburn, AL 36849-5644, (334)
844-2215.
- Alaska Small Business Development Center hosts a
homebased business workshop each year during fall or winter.
Contact Jean Wall, 430 W. Seventh Ave., #110, Anchorage, AK 99501,
(907) 274-7232.
- Formed in 1987, the Vancouver Home-Based Business
Association offers seminars, problem-solving sessions,
electronic marketing capabilities, trade show information, member
discounts, networking opportunities, a newsletter and more.
Membership is $75 annually. For more information, all (604)
224-7243.
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