'All for money': Indiana city, county spar over where alcohol will be allowed outdoors

Just a couple of months ago, Noblesville hailed the passage of an ordinance that allows outdoor drinking downtown as a catalyst to add vigor, foot traffic and open-air fellowship on the historic courthouse square.

But two county commissioners are now telling the city to get off their lawn.

Commissioners Steve Dillinger and Mark Heirbrandt said they will introduce an ordinance Monday that re-reinforces an alcohol ban on county property. The measure would make the grassy lawn of the Historic Noblesville Square off-limits to al fresco imbibers.

Dillinger said he is no party pooper but doesn’t want the old courthouse grounds to be a pop-up beer garden on the daily.

“We’ve never allowed drinking on our property and don’t want to start now because Noblesville passed his law that took us by surprise,” Dillinger said. “I’m no teetotaler but this doesn't make a lot of sense.”

Heirbrandt said allowing people to stroll with drinks on government property sends a bad message to the public when the county dedicates lots of money and resources to anti-substance abuse programs.

“I personally see everyday people with alcohol addiction coming into probation, the courts, the jails,” Heirbrandt said. “I go out to explain to groups why you shouldn’t drink and drive. This makes us look like hypocrites, and for what? All for money.”

Noblesville has applied with the state to be a Designated Outdoor Refreshment Area, which permits businesses to sell drinks that can be carried out. Noblesville lobbied for the bill creating the "DORA" in the Indiana General Assembly for two years until passage in 2023.

Customers in the district can carry drinks outside of bars and restaurants to finish them while they stroll around the square. But they can’t enter other bars with the drinks or even go back into the establishment where the drink was purchased. That leaves the shady courthouse square as an inviting destination.

Compromise sought

The commissioners said they were trying to work out a compromise with Noblesville, but the two sides seemed far apart. The commissioners would be willing to allow alcohol for some events but strenuously oppose opening the square to alcohol consumption every day.

“The mayor didn’t want to compromise,” Dillinger said of Mayor Chris Jensen when they met.

Noblesville declined to make any officials available for comment to the IndyStar but issued a brief statement.

“We’re continuing to work out logistical details with county and other downtown stakeholders and look forward to being able to safely and responsibly roll out the program later this year as part of ongoing efforts to support downtown merchants and events,” it reads.

Jensen told IndyStar when the ordinance passed, “We see this as another way to help drive business by loosening up the rules on the street, another tool in the toolbox.”

Dillinger said the commissioners were blindsided by the passage of the DORA and peeved they were not consulted.

“They never said anything about this to us and we are right in the center of it all,” he said. ”One-third of the property in the district is county-owned.”

Dozens of events are hosted on the square each year, many geared toward young children, such as Fairyville, which should remain alcohol-free, the commissioners said. In some cases, the sponsoring organization gets county permits that allow alcohol, as they do at the county fairgrounds.

Cities embracing districts

Restaurants and bars don’t have to participate in selling to-go drinks and must register with the city if they do. Retail shop owners who participate can let customers with drinks inside.

When the ordinance was passed, 13 businesses had joined the program. The DORA application was sent to the Indiana Alcohol and Tobacco Commission for final approval.

It's unclear whether the county ordinance would supersede the city ordinance that is enabled by state statute. Dillinger said in a meeting with the Indiana Alcohol and Tobacco Commission its officials said the DORA applies only to municipal property so the county ordinance overrides it.

The ATC did not reply to a request for comment.

Christine Altman, the third member of the commission, said she opposed restricting alcohol, saying the commission's job was to govern, not legislate morality.

“I don't see the harm and don’t have a problem with it,” Altman said. She said enforcing the ban would be a “nightmare” that would burden the sheriff's office.

Despite her objections, the measure needs only two votes to pass at Monday’s meeting.

The district boundaries cover a wide swath of downtown and extend across the White River to the Federal Hill Commons and surrounding properties. The county owns the Connor and Logan Street bridges over the river and some parking areas within the district, so its ordinance would prevent carrying drinks there, too.

Westfield recently created a DORA and Carmel has introduced an ordinance for one that is yet to be voted on. The county’s ordinance would have no bearing on those cities.

According to the ATC website, 13 DORAs have been approved.

Call IndyStar reporter John Tuohy at 317-444-6418. Email at john.tuohy@indystar.com and follow on X/ Twitter and Facebook .

This article originally appeared on Indianapolis Star: 'All for money': Indiana city, county spar over where alcohol will be allowed outdoors