It’s a few hours before kickoff and in the parking lot at BMO field a small group of diehard Argos fans are grilling shish kebabs and enjoying cold drinks behind a row of cars and trucks lined up in the shade.

Even though Premier Doug Ford has legalized tailgating, this gathering is not on the up and up.

The Argos have not obtained a tailgating permit, something sports teams have been able to do since July 1 when the tailgating law came into force.

But this hasn’t stopped fans from taking matters into their own hands.

“The key is we don’t leave a mess,” says Keith Lawton, who’s been participating in unsanctioned tailgating at Argos games for two seasons.

“They hassled us about putting up tents, saying they weren’t safe in the wind, but other than that, they let us be.”

At a recent home game, people wearing baby blue Argos jerseys streamed into the pre-game party at the north end of the stadium and lined up for suds inside. But out in the parking lot, another group had its own tunes — “Sweet Child of Mine” was playing when a Star reporter walked up — Argos flags were flying and the barbecues were fired up.

“This is true Canadiana,” attendee Paul Ricardo said. “We should be promoting it.”

Despite the Progressive Conservative government’s highly touted legalization of tailgating, there’s little interest from sports teams in facilitating drinking in the parking lots outside their events.

Raymond Kahnert, a spokesperson for the Alcohol and Gaming Commission of Ontario (AGCO), said only 12 tailgating applications have been received since the tailgating law came into force, nine were withdrawn and three were granted — for university events in Windsor and Ottawa and a match at the Cedar Valley Polo Club.

The tailgating law, which was announced in the spring budget, was among a number of measures brought in by the Ford government loosening alcohol restrictions because, they said, it’s time to “treat adults like adults.”

“You go to any American city now and you can participate in a good, old-fashioned tailgate. It’s a lot of fun. People behave responsibly. We believe Ontario is ready for this,” then-government house leader Todd Smith said in April.

In order to hold a tailgate event, professional, semi-professional or post-secondary sports teams must apply for a permit from the AGCO that will allow fans to bring and consume alcohol in a defined area close to a sporting event.

The $150 permit comes with several restrictions including that the event must be held outdoors and at ground level and organizers must ensure there is no “intoxication, disorderly conduct or promotion of immoderate consumption.”

While the Ottawa Redblacks welcomed the new tailgating rules, the Argos said they won’t be applying for any permits this season.

“We don’t have any specific tailgating initiatives this season,” said Argos spokesperson Chris Balenovich. “All we have pre-game is our Shipyard pre-game party at the north of the stadium, where ticketed fans can buy drinks, food, play games, meet alumni, etc.”

In 2016 and 2017, before tailgating was legal, the Argos obtained liquor permits to host “tailgating parties” in the Ontario Place parking lot, where they sold cheap beer, provided musical entertainment and even brought team veterans to sign autographs.

But the team nixed the festivities ahead of last season, saying the parking lot parties felt “forced” because provincial liquor laws prohibited fans from bringing their own drinks.

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“With the ordinances and where they are, it is hard to replicate what they do in Ohio State or with the Philadelphia Eagles,” Argos president Bill Manning told The Canadian Press in 2018. “It actually costs the organization a lot of money to put that on and it wasn’t worth it with the number of people that actually did it.”

Back at the BMO parking lot, Ricardo says fans showed up at the first home game of last season ready to tailgate, but when they found the team-sponsored parties were cancelled they set up and did their own tailgate, and they’ve attracted more and more people each game. When the Winnipeg Blue Bombers were in town recently, more than 100 people had gathered with food and drinks before the game.

“It started off the cuff. We’re not rowdy. They let us be,” Ricardo says. But he also expresses disappointment that the team doesn’t support its fans tailgating.

“When they had the tailgate, it built up a fan base. It drew a crowd and it became a draw for new fans. Then they turned around and cancelled it,” he says, shaking his head.

“Why? Because they’re losing a little money? Haven’t they ever heard of a loss leader? How are they going to get people in the door? Why isn’t this organization interested in the grassroots? If you ignore the fans, you’re doomed.”

Linda Kowalski, decked out in the jersey of her nephew, Argos fullback Declan Cross, says the team-organized parties had “amazing atmosphere,” and while it was annoying that you couldn’t bring your own alcohol, the team should have continued with the tradition.

“Now it’s legal to bring your own beers, but it’s not as fun,” she says.

A man approaches the group saying it’s his first Argos game and asks if this is where people gather and tailgate.

“You found it buddy,” someone yells back. “Come on over.”

Ron Gibson, who drove in with his family from Kingston, Ont., says he considered cancelling his seasons tickets when the Argos ended the sponsored parties two years ago, but kept them when he realized the tradition would live on with fans.

“I wouldn’t come to as many games if I couldn’t tailgate,” he says as he flips chicken wings on his grill that mounts directly on the tailgate of his Toyota pickup. “Great food, great atmosphere and you can bring your family and friends.”

A stadium security golf cart makes a slow patrol of the party, but zips off without confronting anyone.

“Everyone’s pretty well behaved. No one seems to make any trouble,” Lawton says. “The only time it’s iffy is when Hamilton is in town.”