Blue Laws Repeal 'Inevitable,' Retail Group Says
The president of the New Jersey Retail Merchants Association said he expects Bergen voters will repeal the county's "blue laws."
The leader of a retail group expects Bergen County will get rid of its "blue laws" prohibiting the sale of certain items on Sundays, according to a report on NJ.com.
John Holub, the president of the New Jersey Retail Merchants Association, said he believes there is more support to repeal the blue laws now than there was the last time voters considered the issue in 1993, according to the report.
"It's not a matter of if they'll repeal, it's just a matter of when," Holub said in the report. "We are light-years away in public sentiment than we were 20 years ago."
The blue laws have been debated around the county since Gov. Chris Christie temporarily suspended the laws after Hurricane Sandy. Westwood resident Rosemary Shashoua is the leader of a new group called "Modernize Bergen County," which seeks to repeal the blue laws via a voter referendum.
"All I want is more revenue for the state and more jobs," Shashoua previously said.
Holub also said he believed state legislation could be used to eliminate the blue laws, according to the NJ.com report.
Others, like Paramus Mayor Richard LaBarbiera, are fighting to keep the blue laws. He recently called the argument to repeal the laws "ridiculous."
"Don't worry about Paramus and we won't worry about what you do in your town," LaBarbiera said at a council meeting last month.
Mitch Horn, a Hackensack resident who is also involved with Modernize Bergen County, said he wanted to "change the story so that it's not really about the people of Paramus, but about the other 900,000 people who live in Bergen," according to the NJ.com report.
The blue laws have been challenged twice: once in 1980 and again in 1993. The plans to repeal the laws were defeated 192,394 to 157,648 in 1980 and 185,821 to 105,040 in 1993.
Do you think Bergen Blue Law repeal is "inevitable"? Sound off in the comments below or take our poll.
Robert Frisch
7:46 pm on Monday, February 4, 2013
Whenever I mention to people from out of our area that most of our stores are not open on Sundays, they simply can't believe it. I jokingly tell them that I am living in 18th Century NJ!!!
If the people of Paramus choose to keep their stores closed that is fine by me but it is my understanding that Paramus area politicians used strong arm tactics to prevent other Bergen County towns from allowing their stores from opening the last time this issue was addressed.
That is not acceptable.....if Englewood wants to keep it's downtown stores open on Sundays I say fantastic! Same applies to any Bergen County town that doesn't want to follow Paramus's lead.
I would love to hear the mayor of Paramus make a pledge that he will support other town's right to open their stores on Sundays. Somehow I don't expect to hear that any time soon.
Bob F.
mimi
8:39 am on Tuesday, February 5, 2013
Letting other towns choose to repeal the blue laws and Paramus to keep them seems so reasonable. Can different towns within Bergen County have separate laws or does the county have to vote as a bloc? If they can be separate, Paramus can still have their quiet Sunday roads and the rest of us can have options open to us.
David Schwartz
2:38 pm on Sunday, February 10, 2013
It would obviously be unfair for other towns to be allowed to make money on Sunday when Pramus can't. Since Paramus opts to keep their stores closed on Sunday all the rest of us have to follow suit and remain closed too.
It is irrelevant that there is a significant minority of the population that can't do its shopping or selling on Saturday unless they transgress their perception of Sabbath observance.
Bob Funk
3:23 pm on Sunday, February 10, 2013
To repeal the county laws the whole county has to vote. That's the way the law is worded. there is nothing however to prevent each town from passing it's own law.
And David. it's unfair that the other 20 counties in NJ open their stores and contribute sales, corp. and income taxes. while Bergen county sits on their butts. It is irrelevant that a small minority needs a day of rest at the expense of the majority. That's why we have to have a county wide vote to repeal the county blue laws. If Paramus wants to retain it's blue laws that is up to the residents of Paramus.
zizi
9:09 am on Tuesday, February 5, 2013
Time to move on....... Blue laws are so out of touch with the times....... More options... more business... that should be done years ago.....
At Least let individual towns decide.....
We should vote on letting individual towns decide what is good for them instead of for the whole county..... That is the way to go.......
Nick C
10:14 am on Tuesday, February 5, 2013
Almost every town has to deal with traffic, even on Sundays. Last Sunday it took me 35 minutes to navigate Route 4 to Whole Foods. It's 5 minutes away. There are still accidents, still more and more cars filling the roads of our county each year, doesn't matter what day of the week it is or where you are headed. I'd be thrilled to live in Paramus and deal with another "normal day" if my property taxes were cut 5K. That's a benefit many towns in Bergen County can only dream of.
Here's a question we have to ask - If the blue laws are lifted, would the traffic volume on Sunday match that of Saturday? It's basically impossible. Saturdays are so bad, because you can't SHOP ON SUNDAYS! The weekend traffic would gradually equalize, and I believe Saturdays would ultimately remain the worst day due to the traditions and schedules residents in this area have accustomed themselves to. So it won't be THAT bad.
Paramus is so blinded in opposition to the blue laws, that a majority of their argument has become a conditioned response. It's almost the residents' civil duty. With the laws taking on so much of a life of their own over the years, it's kind of like one of those historical buildings that needs to be torn down to make way for a major, needed improvement.
Buildings get torn down, roads and financial landscapes rebuilt and improved, times change. That's life. That's America. Do the other 900,000 county residents a favor and stop holding on to an out-dated law.
Tee Smyth
10:41 am on Tuesday, February 5, 2013
Welp, I wouldn't expect anything less from someone who is the head of a retail group.
As for the Blue Laws....I honestly do not get it. They've been this way for eons. If you moved here with the laws entact, why are you complaining? This is what you signed up for.
mimi
11:34 am on Tuesday, February 5, 2013
Humans have been using fire to light their homes for eons. Using your argument, we would never have upgraded to electricity. Nobody "signs up" for every single condition when they move to town. It's called progress, baby.
Tee Smyth
12:25 pm on Tuesday, February 5, 2013
I'm not a baby. Yours or otherwise.
Your analogy fails. However, let's agree to disagree.
shimon baum
12:52 pm on Tuesday, February 5, 2013
We also live in a democracy which means we can vote on issues and change them if we get enough votes. Is it that hard to realize that just because we moved here that does not mean we agree with everything that is done in this area. It's not like people are complaining about the weather expecting it to be 80 degrees in the winter.
Tee Smyth
2:02 pm on Tuesday, February 5, 2013
Here you are again, McGloomy.
Yawn.
John Santaella
1:26 pm on Tuesday, February 5, 2013
All I have to say is "bring on the vote''. A day of rest. Whether that day if Friday, Saturday or Sunday we need it. Spend time with your families. Get a life. Shopping is NOT a life.
David Schwartz
2:38 pm on Sunday, February 10, 2013
That is a unique idea. We can legislate that everybody can only keep their shops open 6 days a week but get to choose which day they want to stay closed. The Bible stipulates that '6 days you should do your work and on the seventh day you should rest'. That would even the playing field. As for the atheists, they have to rest too.
Nick C
3:28 pm on Tuesday, February 5, 2013
To play devils advocate -
I don't see how one chooses to spend time, whether it be shopping, spending time with your family, sitting in your house all day in peace, whatever - should really come into the discussion of blue laws.
It can be argued that this issue isn't about convenience, rest, peace - or any of that, it's about bringing more jobs and money into the county for 42 more weekend days a year.
NativeNewYorker
4:34 pm on Tuesday, February 5, 2013
It's crazy to have stores closed on Sundays with the unemployment rate of our youth. For those of us that work during the week, I think most of us would like to have the option to shop on Sundays. The law is antiquated.
John Santaella
9:24 pm on Tuesday, February 5, 2013
It does not increase employment, It merely shifts the hours of workers. Ask the workers and they're for the Sunday closures.
DMAB6395
7:41 am on Wednesday, February 6, 2013
I don't understand why they keep bringing this up. Everytime they put it to a vote....voters say NO!!!
Bob Funk
3:29 pm on Sunday, February 10, 2013
The last time it was brought up was 20 years ago. A lot has changed. For example there wasn't that much internet shopping 20 years ago, so there was less competition for your dollar.
John Santaella
8:38 am on Wednesday, February 6, 2013
Albert Einstein once said "The definition of insanity is doing the same thing over and over again and expecting different results".
Bob Funk
7:04 pm on Wednesday, February 6, 2013
There are two sets of Blue Laws in Bergen County. The first is actually a state law that only Bergen County enforces. The other 20 counties in NJ have repealed.it. THis law prohibits selling certain items on Sunday such as clothing, household goods and lumber. The second is a Paramus law that prohibits any "worldly employment" with a few very specific exceptions. This keeps all moalls in Paramus closed. Repealing the state law does nothing to the Paramus law despite the confusing way the articles in the paper are worded. The state law can only be voted on by the whole county, not town by town. The last time this was voted on was 20 years ago in 1993. To put that in perspective, Amazon.com went on line in 1994.
Union Yankee
8:57 am on Saturday, February 9, 2013
02/08/2013
Unconstitutional Blue Laws-
In truth, this is not a matter about a projected referrendum set for ratification or rejection by the voters but rather about an unconstutional New Jersey statute-Title 40A Municipalities and Counties-40A:64-1Certain Sunday sales prohibited-/64-2/64-3/64-4/64-5/- presently on the books allowing counties within the state in which, by referendum of the voters Sunday sales are prohibited.
Such Blue Laws are repressive and are discriminatory towards the business community (as well as suppress commerce-intrastate/interstate) as well to the consumer public.
The Commerce Clause has historically been viewed as both a grant of congressional authority as a restriction on state' powers to regulate. The "dormant" Commerce Clause refers to the prohibition, implied in the Commerce Clause, against states passing legislation that discriminates against or excessively burdens interstate commerce.
.
The U.S. Supreme Court and the Federal Ninth Circuit Court of Appeals have repeatly held that even purley intrastate activities , are not exempt from federal law, do effect interstate commerce and thus are within Congress' power to regulate.
[Business communities (Commerce: intrastate/interstate goods and services) in the County of Bergen that have been suppressed as a result of county and municipal ordinances.]
Vinney-
Union Yankee
11:13 am on Saturday, February 9, 2013
This matter concerns the State of New Jerseys' Blue Law Statute allowing or sanctioning the various counties within the state in which, by referendum of the voters Sunday sales are prohibited. These Blue Law (county and municipal) ordinances enforce to (regulate) to suppress and impede intrastate and interstate commerce of goods and services in the Bergen County in violation of federal law "dormant" Commerce Clause refered to in Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power "to regulate commerce with foreign nations, and among the various states, and with the Indian tribe."
Obviously, this is an urgent matter in need of adjudication before a Court of Jurisdiction involving U.S. Constitutional Law in a case or lawsuit case against the State of New Jersey's Blue Law statute via the State Attorney Generals' Office.
Vinney-02/09/2013
John Santaella
3:01 pm on Sunday, February 10, 2013
So, take it to the Supreme Court and let it decide. In the meantime let Paramus be.
Bob Funk
3:29 pm on Sunday, February 10, 2013
No the law is that the county can repeal the prohibition against the sale of certain items. That won't effect the Paramus blue laws that closes all stores in Paramus. That is up to the voters of Paramus.
Debbi S.
4:55 pm on Sunday, February 10, 2013
I love the blue laws, voted to keep them in 93 & would vote the same way now! Come on people, how difficult is it to drive 20 minutes away when you need to shop on Sunday. Secaucus, Elizabeth, Wayne & Spring Valley are short distances away......Every time I get on the highway on a Sunday & whizz down the road to my destination, I thank the blue laws that allow me to do just that! Rt. 4 is congested beyond belief on Saturday because people come from NYC to shop in OUR stores - no tax on clothing & lower sales tax make it attractive to them. Sunday would be the same - hell on the highway! The Garden State Plaza mall has the highest revenue in the country - even being closed one day! Keep our blue laws - one day of being able to drive unimpeded on our highway is worth it!
Bob Funk
5:12 pm on Sunday, February 10, 2013
Here is an article that I think people on both sides of the question should read.
http://www.northjersey.com/news/opinions/katz_021013.html
Tee Smyth
5:35 pm on Sunday, February 10, 2013
I stopped reading when I saw Elie Katz's name.
No thanks. I care not what he thinks.
mimi
12:31 am on Monday, February 11, 2013
I couldn't read the article. The link didn't work so I don't understand your reaction,Tee. What is your problem with Elie Katz?
David Bednarcik
11:20 pm on Sunday, February 10, 2013
Please keep the blue laws
John Santaella
11:24 pm on Sunday, February 10, 2013
When it comes up make sure you vote.
Union Yankee6265
12:40 am on Monday, February 11, 2013
02/10/13
The legislation and enactment by the State of New Jersey with regards to Statutes Title [40A Municipalities and Counties-40A:64-1/64-5/Certain Sunday sales Prohibited]-allowing the various municipalities and counties within the state in which, by referendum of the voters Sunday sales are prohibited.
Such state statutes, municipal and county ordinances discriminate and regulate the local business communities intrastate and interstate commerce activities which is illegal under federal law. [Commerce Clause:{Article 1, Section 8, Clause 3 of the United States Constitution}]
I am quite confident that this matter would in a court of jurisdiction have standing in a complaint against the State of New Jersey.
Vinney-
mimi
12:41 am on Monday, February 11, 2013
How ridiculous is it to go to the Costco in Hackensack on a Sunday and not be able to buy certain items that are cordoned off - that are illegal to sell on Sunday?! Why is the population in Paramus dictating what I can and cannot buy in Hackensack? I appreciate the quiet on Rt4 like everyone else, but there must be a way to maintain that and also allow for businesses in other towns to operate as they wish.
Union Yankee6265
1:26 am on Monday, February 11, 2013
02/10/13
For the record; In preparation for filing a complaint in US Federal District Court against the State of New Jersey for Unlawful Regulation of Intrastate and Interstate Commerce- {Commerce Clause; Article 1, Section 8, Clause 3, United States Constitution}
Vinney
John Santaella
8:09 am on Monday, February 11, 2013
Vinney, you seem to have your law down pat but what the Supreme Court decides is anyones guess. This is a court that ruled corporations are people after all.
John Santaella
8:09 am on Monday, February 11, 2013
Mimi, Bergen County's laws and Paramus' laws are two different things. Paramus is not dictating what you can buy on Sunday Bergen County is. You can't buy anything in Paramus on a Sunday but you can still go to Costco in Hackensack.
John Santaella
8:09 am on Monday, February 11, 2013
As to the Elie Katz piece, he's arguing that Sunday Blue Laws be decided on a town by town basis.
Bob Funk
9:36 am on Monday, February 11, 2013
Which can not be done. The state law that is only in force in Bergen County requires a county wide vote. The individual towns can write their own laws just as Paramus has done.
mimi
8:35 am on Monday, February 11, 2013
John, have you been to the Costco in Hackensack on a Sunday? THEY ARE NOT ALLOWED TO SELL CERTAIN (MANY) ITEMS ON SUNDAY BECAUSE OF THE BLUE LAWS! Costco has to cordon off those areas with rope and we can't buy those items (haredware, sheets, pillows, electronics, etc.). Paramus' desire to adhere to the
Blue Laws is affecting my ability to purchase what I want in Costco in Hackensack. Whether they are Paramus or Bergen laws seems to be irrelevant.
Bob Funk
9:36 am on Monday, February 11, 2013
There two separate laws involved. First is a state law that is only in force in Bergen County prohibiting the sale of certain items such as clothing, household goods and lumber. the other 20 counties in NJ have repealed this law and it can only be repealed by a county wide vote.
The second law is a Borough of Paramus ordinance that prohibits all worldly business within the borough, This can only be changed by the residents of Paramus and this is not what is being proposed.
Union Yankee1865
12:19 pm on Monday, February 11, 2013
02/11/13
At issue: State of New Jerseys' Statutes-Title 40A Municipalities and Counties-40A:64-1/Certain Sunday sales Prohibited-This statute allows the various municipalities and counties within the state in which, by referendum of the voters Sunday sales are prohibited. Are these ordinances legal? The courts will decide!
The US Supreme Court has found that business done even at a purely local level could become part of a continuous "current" of commerce that involved the interstate movement of goods and services. Thus, the State of New Jersey by the enactment of these laws and ordinances to enforce and prohibit Sunday sales by the local business community and consumer public regulates local intrastate activities. The feds claim authority to regulate in-state commerce.
The Supreme Court squarely held that the Commerce Clause authority included the power to prohibit the use of marijuana in compliance with California law.
Once the federal courts, and I am confident that they will find that such State of New Jersey statutes and municipal and county ordinances violate the Commerce Clause; Article 1, Section 8, Clause 3 of the United States Constitution and will be quashed.
Vinney-
Union Yankee/6265
11:14 am on Tuesday, February 12, 2013
02/12/13
This matter is not about referendums, either for ratification or rejection by the voters: But about discrimination against local business or commerce under the guise of a Blue Law! Whatever gave the State of New Jersey"s legislators the right to enact an illegal state statute that allows the municipalities and counties within the state in which, by referendum of the voters Sunday sales are prohibited, to denie the local business or corporations the right to operate a business to sustain a livelihood one (01) day out of the week? Again, this matter is not about referendum (s) but an illegal state statute on the 'books' by the State of New Jersey!
Vinney-