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 About one-third of Kankakee residents live below the poverty
line. The city is also home to one of the highest crime rates in the state.
Eleven-year-old Hayli Martenez is trying to change that.
“A lot of little girls around here might not want to start a business,” she
said. “But I know that they can. And they would actually love to.”
Like many Kankakee kids, Hayli does not come from a wealthy background. And
after city officials demanded she shut down her neighborhood lemonade stand, she
was made to feel like a criminal.
Hayli runs Haylibug Lemonade with the help of her mom, Iva. They started their
sidewalk business in 2017. One cup costs 50 cents. And the proceeds go to
Hayli’s college fund.
“It was kind of scary [at first] because we liked to stay in
the house. We didn’t like to come outside because of all the stuff happening
around here,” Hayli said.
 “As we kept doing it, I got to see everybody smile when they tasted my lemonade.
It was just … wow. They were lining up to get my lemonade.”
But the city’s code cops are having none of it.
Soon after the Kankakee Daily Journal profiled Haylibug Lemonade in July, the
Martenezes got a visit from the city and county health department, telling them
to shutter the stand or risk fines.
Illinois is one of 14 states where residents are allowed to set up lemonade
stands without a permit, according to Country Time Lemonade.
But health officials cited concern over the Martenezes’ home. Because of a
dispute with the water company, which included Iva being incorrectly charged for
service on a neighboring property, and falling behind on bills, they did not
have running water in the house behind their lemonade stand. They often sleep at
friends’ homes overnight but stay by the stand during the day.
Iva and Hayli make their lemonade with bottled water, not tap. Their sources at
the local grocery store always let them know when Hayli’s supplies are on sale.
Where city regulators see opportunities to intervene, any teacher or
businessperson sees the hallmarks of a good entrepreneur: Perseverance,
problem-solving and putting customers first.
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For now, Hayli is serving lemonade and asking for
donations. Not charging.
Illinois has a reputation for making business harder than it needs
to be for entrepreneurs across the state. But often forgotten are
the home-based businesses that make up the fabric of any strong
community: whether it’s a kid’s lemonade stand or a grandmother’s
famous bake sale cookies.
That’s one reason then-Gov. Pat Quinn signed Illinois’ “Cupcake Law”
in 2014. Passed after Madison County officials shut down an
11-year-old girl’s $200-a-month cupcake business, it allows home
bakeries to be free and clear of professional certification
requirements and inspections, as long as the seller makes no more
than $1,000 per month and labels their items.
But there’s a hitch: local governments have to pass an additional
ordinance for the cupcake law to take effect. And just eight of
Illinois’ 102 counties have adopted it, as of 2018. The Kankakee
County Board voted 12-11 against establishing a cupcake law in 2018.
The cupcake law wouldn’t apply to Haylibug Lemonade. But hostility
to home-based businesses prevents thousands of Illinois children
like her, not to mention adults, from serving their community
through food.
That strips many young people of a critical learning opportunity.
And for those who have few other options in order to make ends meet,
they run the risk of hefty fines and embarrassment.
Health codes aren’t going away anytime soon. And no one is arguing
against effective prevention of food-borne illnesses. But regulators
should recognize that ensuring community health doesn’t just take
the form of surprise inspections and heavy-handed regulations. It
means allowing people to share their own special talents with their
neighborhood, even if they don’t have the money or clout of an
established business.
Hayli Martenez is not a threat that Kankakee needs to snuff out.
She is a blessing.
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