BERGEN COUNTY, NJ — The Wawa convenience store chain is suing a town in Bergen County because its recent amendment of a town ordinance would reduce the store's hours. But the town is fighting back, officials say.
The Wawa convenience store at 7 Jewell St. in Garfield — part of a popular chain that sells groceries, fresh subs, and gas — could see its 24-hour business curtailed due to a City Council amendment passed in May. The store is less than a mile from Garden State Parkway Exit 157.
An longtime ordinance in Garfield prevents businesses from being open from 12 midnight to 6 a.m., but in the past, it had exempted certain retail stores like Wawa. The recent changes would include places like Wawa as well.
Wawa won an injunction earlier this month to continue serving the public for 24 hours, but the town will fight back in court, according to the town's mayor and lawyer.
“The city of Garfield was restrained by court order from enforcing its long-standing overnight retail closure ordinance against Wawa," Mayor Everett Garnto said Wednesday. "However, this does not change our steadfast commitment to enforce the ordinances passed by our city government. We will continue to do what is necessary to protect the well-being of our residents and preserve the character of our community."
An attorney representing the city, Richard Malagiere, said the court has granted the City of Garfield’s request to appeal the injunction on short notice.
The mayor added, "No company or business will dictate how we manage and pass ordinances within our own city. We are committed to upholding our local laws and protecting the interests of Garfield's residents. Our legal team is ready to pursue this case to ensure the people of Garfield retain their right to shape the future of our city."
Garnto explained that there have been quality of life issues in town associated with the late-night business.
"There are people hanging out in the parking lot, playing loud music, revving their car engines," he said, "and even sitting in lawn chairs while partying. This place has been a problem for a very long time."
But he noted that contrary to what was Wawa's lawsuit, claiming they were specifically targeted, he said, "I can assure you that other businesses will also be affected once we begin enforcing it. Wawa’s belief is false and incorrect stating they’re the only business that will be affected by enforcing this ordinance."
For now, Wawa is still open 24 hours. Details can be found here.
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