Shoppers looking to buy FIFA World Cup merchandise Sunday at New Jersey’s American Dream likely caught a break after a judge delayed ruling on whether the megamall is violating local blue laws.
Superior Court Judge Gregg Padovano, after hearing arguments on the litigation filed in August by the borough of Paramus, reserved judgment on a request that he throw the case out of court. He told attorneys in Hackensack on Tuesday that he "would get an opinion out shortly."
The lawsuit pits Paramus — home to several large malls including Westfield Garden State Plaza — against American Dream, a 3 million-square-foot shopping-and-entertainment destination in East Rutherford. Bergen County, home to both Paramus and East Rutherford, still has blue laws in place, which ban the sale of certain goods on Sundays. Those laws date back to the late 1700s.
Lawyers for American Dream and the New York Sports and Exposition Authority, which leases state-owned land to the mall, asked Padovano to dismiss Paramus' lawsuit with prejudice, meaning the case would be permanently closed. But an attorney for Paramus argued that American Dream, owned by Canadian mall landlord Triple Five Group, is unlawfully and unfairly flouting the blue laws by having its retail component, with over 100 stores, remain open on Sundays. Meanwhile, malls and shopping centers in Paramus that respect the law and remain closed on the so-called Lord's Day are at a competitive disadvantage, according to the borough.
The debate over American Dream's Sunday retail operating hours is coming to a head as MetLife Stadium, which is next to the mall, is about to host several World Cup soccer games. The megamall is looking to attract and capitalize on the hordes of soccer fans expected to descend on East Rutherford for the matches. A ruling that bars the shopping venue from being open on Sundays could put a crimp on retail sales by soccer aficionados in the Meadowlands area for the games.
Run of World Cup matches coming soon
The first FIFA game in East Rutherford, Brazil versus Morocco, is slated for Saturday. But the Round 16 match on July 5 and the game's final on July 19 both fall on Sundays. In addition, MetLife is hosting five other FIFA games that all fall on weekdays.
American Dream now has several soccer-oriented attractions in advance of the FIFA games. Earlier this year Adidas opened a "World of Soccer" flagship store at the mall, the first U.S.-only soccer-focused flagship for the athletic-goods chain. And in the spring, “The Messi Experience,” an interactive multimedia exhibition celebrating the life and career of icon Lionel Messi, who plays for the U.S. team Inter Miami, launched in East Rutherford.
The megamall also has scheduled a 39-day celebration, a Dream Fan Fest, to celebrate the World Cup that will feature celebrity appearances, live entertainment and viewing parties.
Angelo Genova, American Dream's attorney, argued that Paramus has no legal standing to seek to enforce local blue laws in East Rutherford at Tuesday's hearing, which lasted about 1 ½ hours.
"Paramus is seeking to act as private attorney general for the closing law," Genova said. "Paramus seeks to enforce rights outside of its borders."
Don't 'police our lease'
Under the borough's logic, it could seek to sue towns such as Wayne because its large mall, Willowbrook, is open on Sundays and in theory competes against Paramus malls, according to Genova. Willowbook is in Passaic County, which like all of New Jersey except Bergen County has no blue laws.
The NJSEA, a state agency named as a defendant in Paramus' lawsuit, is also asking the court to toss the case. It leases the state-owned site where American Dream is located to the megamall.
"We are commercial landlords," said Fred Alworth, NJSEA's attorney. Paramus doesn't "get to tell landlords what they should do under their leases. ... They want to police our lease."
The mall has also maintained that it isn't subject to Bergen's blue laws because it's on state land. In New Jersey, which embraces home rule, its 21 counties each have the right to determine what items can be sold on Sundays, with Bergen the sole one keeping blue laws in place.
Attorney Leonard Seaman, representing Paramus, argued that American Dream and the NJSEA were "taking a blind eye" to the blue laws, which are enabled by state legislation. "The law is very clear," he told the court.
Why should shoplifting laws be enforced at American Dream but not blue laws, Seaman asked.
Judge questions scope of blue laws challenge
Padovano raised his own issues with Paramus' suit at the hearing. If the borough can sue claiming it's being affected by something happening in East Rutherford, "where does that end?" the judge asked.
Padovano also said that MetLife Stadium sells merchandise on Sundays during sporting events, like Giants games, so why doesn't Paramus have a problem with that.
Seaman replied that the borough doesn't object to American Dream's entertainment offerings, like its Nickelodeon amusement park and enclosed ski dome, selling items like hats on Sundays.
East Rutherford was also named as a defendant in Paramus' suit for allegedly aiding and abetting American Dream in breaking the blue laws. Jerry Salerno, East Rutherford borough attorney, said the municipality was only in court "because of geography."
East Rutherford has no control over American Dream's state-owned site, according to Salerno.