The basics:

• Paramus filed suit against American Dream over Sunday retail sales
• Lawsuit seeks fines, enforcement of Bergen’s blue laws
• Officials say Sunday openings give the mall an unfair advantage
• American Dream argues blue laws don’t apply on state-owned land

After learning that American Dream is going against Bergen County’s longstanding “blue laws” by allowing retailers to open on Sundays, officials in Paramus have sued the Meadowlands megamall.

In a four-count complaint filed Aug. 25 in Bergen County Superior Court, Paramus requests a judge’s order to enforce the blue laws as well as to officially declare the mall’s Sunday operations illegal and subject to closure.

It also alleges a public nuisance and asks the court to impose fines against the mall. A first offense would cost $250, $1,000 for a second, $2,000 for a third, and $5,000 for a fourth and each subsequent violation.

In its 20-page complaint, Paramus declares, “These businesses with the encouragement and support of the mall’s ownership and the acquiescence of the other defendants here, have violated the law hundreds if not thousands of times.”

‘A level playing field’

For at least the past year, more than 120 stores at American Dream have opened for business Sundays alongside the six-year-old, 3 million-square-foot complex’s array of dining, entertainment and attractions.

In New Jersey, blue laws have existed since the 1700s. After a 1959 change in state law, every county but Bergen abandoned the Sunday shopping ban on items like clothes, jewelry, furniture and appliances.

Attempts to repeal Bergen County’s blue laws in 2010 and 1993 failed amid quality-of-life concerns.

Home to four of the area’s five malls and busy retail corridors Routes 4 and 17, Paramus is undoubtedly the shopping capital of Bergen County. Paramus has long supported the blue laws, saying the measure gives residents a break from traffic that plagues the borough during the rest of the week.

According to the new lawsuit, Paramus believes American Dream’s Sunday activities undermine the county-wide tradition and create an unfair advantage over retailers in municipalities that comply with the ban. It also accuses Bergen County and East Rutherford of failing to enforce compliance and allowing the mall to continue operating outside of the bounds of local law.

Paramus Mayor Christopher DiPiazza told NJBIZ, “Standing up for our business is standing up for our taxpayers. Our malls and shopping centers, for decades, have followed and respected the Bergen County blue laws and have competed on a level playing field. Not just within the borough but with other malls and centers in Bergen County.

“American Dream promised on record that when open they would follow the blue laws. They have gone back on that promise,” DiPiazza continued. “Paramus residents know that in order to have one of the lowest tax rates in North Jersey we must have a vibrant business community. This unfairly puts them at risk.”

Broken promises

In a statement, an American Dream spokesperson described the suit as “a meritless political stunt driven by private competitors’ interests.”

“It is well established that Bergen County’s Blue Laws do not apply to property owned by the State—American Dream is on State property where retail sales have occurred on Sundays for decades. We look forward to our day in court,” he said.

The suit lists the mall’s developer, Ameream, as well as Bergen County officials and East Rutherford — the town where the mall is located. It also names the New Jersey Sports & Exposition Authority, the state entity that owns the land that houses American Dream, MetLife Stadium and other Meadowlands properties.

A spokesperson for NJSEA declined to comment.

In a statement to NJBIZ, Bergen County County Executive Jim Tedesco shared, “Let me be absolutely clear — from my first days as a Paramus Councilman through my time as Mayor, Freeholder, and now County Executive, I have been a steadfast defender of Bergen County’s blue laws because they protect our quality of life and guarantee retail employees one day of rest.”

“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. Their decision to operate retail on Sundays not only violates state statute, it gives them an unfair advantage over every other business in Bergen County that is following the law. Since learning of American Dream’s illicit Sunday retail operation, I have repeatedly pressed the Attorney General of the State of New Jersey and the New Jersey Sports and Exposition Authority for clarity on how the law will be enforced,” he said.

Fair is fair

“This is about more than just one mall — it’s about fairness. Bergen County will continue to explore legal remedies, and my administration will always stand firmly with our residents and our businesses,” Tedesco said.

After hearing from constituents about the situation, county officials reached out in May 2024 to the NJSEA. In response, NJSEA’s attorney wrote back to the county saying it does not have the authority to make American Dream follow the blue laws because it is not a policy agency.

The county then sought guidance from the New Jersey Attorney General’s Office for further clarification on who has the authority to enforce compliance. The state has not commented on the matter.

Besides being the largest mall in New Jersey, the venue is the second-largest mall in the U.S. Its sister venue, Mall of America in Minnesota, is the biggest.