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Thursday, March 13, 2008

BLUE-LAW HAS SOME SEEING RED


Blue-law bill has some seeing red


Wednesday, March 12, 2008
Last Updated Wednesday March 12, 2008, EDT 6:07 AM

BY MICHAEL GARTLAND

STAFF WRITER

A recently introduced state Senate bill that would allow retailers to remain open on certain Sundays has sparked a debate over whether such a step could signal the end of Bergen County's blue laws.


The bill -- number S-1333 in the state Legislature -- would give municipalities the power to permit stores to operate on Sundays during street fairs. If enacted, it could allow that dispensation on one or two Sundays out of the year.


Proponents describe the bill, which was introduced by state Sen. Paul Sarlo on Feb. 26, as a way to stimulate small businesses in downtown neighborhoods.


Critics say it's a Trojan horse that would eventually lead to a repeal of laws that restrict businesses from selling certain goods on Sundays.


Rutherford Mayor John Hipp described it as a step toward letting retailers operate on Sundays at the Xanadu Meadowlands project upon its completion.


"It's a direct assault on the blue laws," Hipp said. "This is a huge, huge deal."


Xanadu spokesman Lloyd Kaplan said Sarlo's bill has nothing to do with the project.


"Meadowlands Xanadu is not involved," Kaplan said.


If blue laws were repealed in one town, proponents of the laws predict that other municipalities would be forced to follow suit to compete. They also worry about additional traffic on Sunday -- the one day Bergen County residents get a reprieve from clogged roadways.


Bergen County's blue laws prohibit the sale of clothing, appliances, furniture and other items on Sunday. The laws have their origin in Colonial times, when some state governments legislated requirements for observing the Sabbath.


Bergen is the only county in the state that still has blue laws on the books. South Carolina and Connecticut also observe blue laws.


East Rutherford Mayor James Cassella said he doesn't have a problem with vendors selling from booths on Sunday, but that allowing store sales could lead to what he views as a negative legal precedent.


"I probably wouldn't want to see the stores open," he said. "It may lead to some [legal] challenges."


Sarlo, D-Wood-Ridge, said he isn't interested in doing away with the county's blue laws. He asserts that his bill is intended only to help struggling smaller businesses. It would apply only to businesses in the immediate vicinity of a street fair or festival, he said.


"I totally support the blue laws and support them forever," Sarlo said. "I'll never, ever vote to overturn them."


The initial idea for the bill came out of conversations Sarlo had with Hackensack officials interested in giving a boost to Main Street businesses. City Manager Stephen Lo Iacono said that allowing stores to stay open some Sundays would help business and could give out-of-towners a better sense of what the city has to offer. Still, he acknowledged people's concerns about weakening the laws.


"Everyone is extremely protective of the blue laws," he said. "If it doesn't happen, it doesn't happen. The street fair will go on."


Hackensack is represented by state Sen. Loretta Weinberg, D-Teaneck, who said she had not seen the bill and was not contacted by city officials about it.


In southern Bergen County, merchants are split 50-50 over the possibility of no more blue laws, according to Jim Kirkos, CEO of the Meadowlands Regional Chamber of Commerce.


Kirkos said that in some instances stores are forced to sell merchandise on outdoor tables during festivals just to remain in compliance with the law.


"For somebody to be able to put out an eight-foot table in front of my store, and they can operate and I can't -- that just doesn't make sense," he said. "I would be supportive of businesses being open on Sunday so it's not illegal."


In Bergen County, the laws affect different groups in a variety of ways. For observant Jews and Muslims -- whose Sabbaths fall on Saturdays and Fridays, respectively -- closed stores on Sunday mean one less day free to shop. But for Paramus residents who have to struggle through mall traffic six days a week, the laws allow them to breathe easier for a day.


Paramus has municipal blue laws more stringent than the county's. Paramus Councilman Richard LaBarbiera said any "crack" in the laws would unite borough Democrats and Republicans.


"I read the bill. It raises many questions and concerns," he said. "Obviously, the protection of the blue laws is an issue of utmost concern and priority number one."



AE-mail: gartland@northjersey.com


Source: http://www.northjersey.com/news/bergenpolitics/16587941.html

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