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Monday night, the committee comprised of aldermen, agreed to move forward with the law.
"We need to take a stand one way or another," said Alderman Paul Arand. "We have been talking about this for three months."
Earlier this summer, Sgt. Jason Grellner, commander of the Franklin County Narcotics Enforcement Unit, pitched a plan to some cities within the county requiring pseudoephedrine-based medicines be purchased by prescription only. The move is a "grassroots" effort to reduce the number of methamphetamine labs, he said.
The Washington City Council passed the ordinance in July, however, the ACLU has threatened a lawsuit against the city if the ordinance is not repealed. Washington City Council members shot down an ordinance repealing the pseudoephedrine law.
Pseudoephedrine is the single ingredient that is vital to the process of making methamphetamine. It is found in many decongestants and cold medicines.
Those who oppose the ordinance have argued that pseudoephedrine is the only drug that is effective to relieve symptoms of a cold, and that requiring a prescription would be more costly because it would require a visit to the doctor. That could limit the access to the drug for those who don't have insurance.
"They will find something else to take care of their cough or cold," said Alderman Don Wurdack.
Some aldermen still feared the repercussions of an ACLU lawsuit against the city.
"If they (ACLU) file a suit, will it give us time to change our ordinance?" asked Wurdack.
City Attorney Tim Melenbrink said the ACLU will not seek monetary damages for those who are denied the drug. He said the ACLU is questioning the constitutionality of banning pseudoephedrine without a prescription.
"This is not a class action suit and somebody is suing because they are not getting pseudoephedrine," he said.
Melenbrink stood behind his initial opinion that the city has the right to pass a law stricter than state statue.
"I can't see the ACLU's argument that this is infringing on somebody's privacy to get a prescription," he said. "I also don't see how they have a leg to stand on."
State Sen. John Griesheimer said that he, along with state Rep. Scott Dieckhaus, have requested the opinion of the state attorney's general office on the legality of a city ordinance banning the drugs containing pseudoephedrine in the city limits without a doctor's prescription.
Alderman Bob Schmuke said he spoke with Griesheimer, but there was no word of an opinion coming from the AG's office soon.
"Griesheimer said he didn't get a formal statement and I don't think the AG is going to make a formal statement," said Schmuke. "The state needs to step up and do something."
Local law enforcement officers as recently as last week, said that the state AG's office will soon hand down an opinion in the case.
Union Police Chief Norman Brune referred to a recent interview with Attorney General Chris Koster, when he stated his office would weigh in on the issue.
"He said there is absolutely nothing wrong with the city making stricter laws than the state," said Brune.
Bob Schmuke questioned how the production of meth will be curbed if cities pass laws and the state does not.
"This is going to take years to do," said Schmuke. "Why don't we lobby the state?"
City Administrator Russell Rost noted that if municipalities take a stand it may motivate the state to make a statewide law.
Alderman Jim Albrecht suggested, as he did in the past, that the city hold a public hearing to get input from residents.
Brune said a public hearing recently was held in Sullivan and most of those who attended were in favor of a citywide pseudoephedrine ordinance there.
"What we would have at a public hearing are those who are dead set for it, and those dead set against it," he said. "You wouldn't hear from most of the people who are still constituents."
