Controversial Long Lake business not dead

A Fox Lake man who was denied a Lake County permit to open a business over concern it would sell drug paraphernalia said he's not backing down.

David Kelly said he plans to meet with Lake County Planning, Building and Development Department officials next week to explain that his business is not the "head shop" county board member Bonnie Thomson Carter has charged.

While Kelly admits an item or two could be purchased with an intent by the customer to use it for smoking marijuana, he said that type of inventory is also considered art and makes up only about 5 percent of his total merchandise.

"We also have swords and knives, T-shirts and other clothing, beads and jewelry," he said. "We will have tobacco smoking implements there, yea, but most people who would purchase the items from my store use them as glass art."

Carter was unavailable for comment Thursday.

The planning department denied the permit for the unnamed business at Lake Street and Decorah Avenue near Long Lake because it would sell items considered to be "drug paraphernalia," including a variety of pipes and water bongs most commonly used for smoking tobacco or marijuana.

Carter, who would live less than a mile from the store, has said the business would violate the state Drug Paraphernalia Control Act, which prohibits the sale of "bowls, water pipes and bongs."

After review by the Lake County state's attorney's office, planning department officials agreed and denied the permit.

Kelly said his intention is not to sell the items to promote drug use, but rather as art, which is allowed under the law.

"I am not intending that people use a pipe to smoke anything illegal," he said. "I actually believe the stuff that I am selling is for art. I have a bunch of these in my house and they are art pieces. Nothing has ever been smoked out of them."

He said the glass pipes will retail for about $150 and up.

"I wouldn't smoke anything out of them because they are extremely expensive pieces," he said. "My lawyer has looked at this law and said I can sell these pieces as long as I don't promote the use of drugs, which I am not. I am simply trying to make money off the sale of these art pieces."

If approved, the store would operate across from Trinity Lutheran Church and about a mile from Gavin South Junior High School.