Archaic or quaint? Sunday shopping ban in suburban NJ county could be lifted under new budget

By Angela Delli Santi, AP
Tuesday, March 23, 2010

Archaic or quaint? NJ county blue law in jeopardy

PARAMUS, N.J. — A law that bars shopping on Sundays in New Jersey’s largest county could be repealed to satisfy the state’s hunger for more sales tax revenue.

Gov. Chris Christie says $65 million in news sales taxes could be realized by jettisoning the “blue law” in Bergen County. His recently unveiled budget proposal counts on that money beginning July 1.

Christie spokesman Michael Drewniak described the proposal as an economic decision in the face of a dire state budget picture.

Bergen County Executive Dennis McNerney said there’s more at stake than just money. He told a Senate budget panel conducting a public hearing on the budget Tuesday that lifting the shopping ban would strain local police and fire departments and adversely affect the suburban county’s quality of life.

“The blue laws have been in effect in Bergen County since the 1950s to give our citizens … one day of rest from the traffic jams, noise pollution and accidents that are a nightmare on Saturday and long weekends,” McNerney told the panel.

He said Christie’s proposal “upsets the balance” between Bergen’s five shopping malls and the one-day shopping ban.

The law bars retail shopping on Sundays, except for necessities like gasoline and food. Consumers can’t buy clothes or electronics on Sunday, but they can get a case of beer or lunch at a diner.

John Holub, president of the New Jersey Retail Merchants Association, said lifting the ban makes economic sense.

He said adding a day of shopping in Bergen County would generate 3,200 jobs and more than $1 billion in net new retail sales. Those sales would be from New York residents shopping in North Jersey or people who would have shopped online. Newspapers would also gain — an estimated $700 million in revenue from Sunday circulars, he said.

“It will be a huge economic boost to the state and to Bergen County in particular,” said Holub, whose group recently presented the results of a study on lifting the state’s remaining blue law to the Christie administration.

When New Jersey lifted a statewide prohibition on Sunday shopping decades ago, most counties quickly opted out of the blue laws. The last county to do so was Hudson, in the mid-80s, McNerney said, leaving Bergen standing alone.

Bergen residents have upheld the ban in referendums over the years. The state Supreme Court sided with them in its one opinion on local blue laws, McNerney said.

Senate Budget Committee Chairman Paul Sarlo said the most recent referendum, about 10 years ago, was defeated by 80,000 votes in a county whose population today numbers 900,000 residents.

“Blue laws hits home with people — they’re outraged,” said Sarlo, a Democrat who represents Bergen County.

Repealing the law could be accomplished through legislation or voter referendum. Sarlo said the Democratic controlled Legislature is unlikely to support the override.

The governor further angered opponents with a declaration this week that a giant retail and entertainment complex being built in the Meadowlands would not be subject to the ban.

“That’s the bombshell for us,” McNerney said. “We’re saying, ‘wait, we never agreed to that.’”

Sarlo said Christie is in for a fight.

“We’re all quite perplexed on how he intends to do this,” Sarlo said. “He’s taking it away from the will of the people. I can tell you this, as Budget chair, I’m going to fight to make sure that line item is not included in the final budget.”

McNerney and Sarlo said the debate over Blue Laws could shape up to be a marquee issue for the fall elections, which include a heated race for county executive, three freeholder seats and the county sheriff.

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