A New Jersey borough has filed a lawsuit against a shopping mall for operating on Sundays. The lawsuit, filed by the Paramus Borough against the American Dream mall in East Rutherford, N.J., alleges the mall’s stores, which are open to customers on Sundays, violate Bergen County’s blue laws.
Blue laws prohibit certain commercial, industrial or recreational activities on Sundays or religious holidays.
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According to The New York Times, the New Jersey Legislature passed the Act to Suppress Vice and Immorality in 1798 which states: “On Sunday, it shall be unlawful for any person, whether it be at retail, wholesale or by auction, to sell … clothing or wearing apparel, building and lumber supply materials, furniture, home or business or office furnishings, household, business or office appliances….”
Bergen County remains an exception
Since the law was enacted 227 years ago, every county in the Garden State has repealed it. However, Bergen County has not. In 1980, voters even decided to keep the act in place to minimize Sunday traffic in their communities. This means that retail stores, including those located inside shopping malls, must be closed on Sundays.
Essential businesses, such as grocery stores, pharmacies and restaurants, are exempt from the law.
Operators for the mall told The Times that the American Dream mall is not subject to local laws, such as blue laws, because it was built on state-owned land, which is under state, not county, control.
State enforcement under scrutiny
Bergen County Executive James Tedesco III told The Times that he has asked the New Jersey Attorney General, Matthew Platkin, to enforce the law, and his requests have been ignored.
“When American Dream was preparing to open, its operators personally assured me and the state that they would honor the Sunday closing law and keep their retail doors shut. They broke that promise,” Tedesco told The New York Times.
Paramus is suing everyone involved in owning, managing or benefiting from the mall. The Borough of East Rutherford and the New Jersey Sports and Exposition Authority (NJSEA) are also named as defendants in the lawsuit.
The American Dream mall is just a 30-minute drive from Manhattan, featuring high-end retail shops, an indoor wave pool and waterpark, ice rink, ski slope, amusement park and several dining options. At approximately three million square feet, it’s America’s second-largest retail center.
