In parts of New Jersey, and other locations throughout the United States, “blue laws” prohibiting certain business activities on Sunday have existed for centuries. While many of these provisions have been reversed over the years, some still remain. One of the most prominent current examples of a blue law is the Bergen County code that prohibits the Sunday sale of nonessential goods such as clothing, appliances and furniture. Residents of the area have become familiar with shopping malls where only restaurants are open and big-box stores that have certain sections cordoned off on the first day of the week.

Rules prohibiting certain types of Sunday shopping historically have religious roots, but modern supporters emphasize secular benefits: reduced traffic, less noise and one day of respite for residents in a region otherwise saturated with shoppers. Now, officials from Paramus, which includes multiple large shopping malls, have filed a lawsuit against the American Dream entertainment and retail complex in East Rutherford for alleged blue law violations.

Officials from American Dream assert that their complex is not subject to the Bergen County code in this regard because it sits on state property. Located in the Meadowlands, which also includes MetLife Stadium, a horse racing facility and a building formerly used as a basketball/hockey arena, American Dream is not close to residential neighborhoods like other malls. Moreover, American Dream offers various restaurants and entertainment activities, including a water park, which are allowed to operate on Sunday. The legal question concerns whether clothing stores and other retail establishments in the facility should be excused from blue laws. 

Given the threat from online retailers, shopping malls and brick-and-mortar stores might seek to overturn blue laws that remain in Bergen County and other places. However, similar efforts have failed before. As of now, the litigation is active and Paramus is contending that American Dream management agreed before opening to abide by the same rules that govern other businesses. If you own a business and are engaged in a dispute with a competitor or government body, speaking with a qualified attorney will help you evaluate your legal options and determine how to proceed. 

Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates, LLC represents New Jersey in a wide range of business law matters. For a consultation, please call 973-737-1023 or contact us online. We have locations in Newton and Succasunna.