According to the lawsuit, Bergen County residents agreed to uphold the law in November 1980, but businesses at American Dream haven’t upheld it.
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Officials in a New Jersey borough deemed an area mall a “public nuisance” and are accusing its owners of breaking a 44-year-old law by selling clothing, furniture and other items on Sundays, according to a lawsuit.
The lawsuit was filed by officials in Paramus, a borough about 6 miles northwest of Hackensack, according to a lawsuit obtained by USA TODAY. Paramus Mayor Christopher DiPiazza and the rest of the borough’s council signed off on the lawsuit, their lawyer Richard Malagiere confirmed to USA TODAY on Aug. 29.
In the lawsuit filed Aug. 25 in the Superior Court of New Jersey, Paramus officials argued that the owners of the 3 million-square-foot American Dream Mall are violating “blue laws.” The laws ban the sale of clothing, building and lumber supplies, home or business office furniture, as well as household, business and office appliances on Sundays.
Paramus officials contend that blue laws are only effective when a county chooses to obey them through a citizen referendum. Bergen County residents agreed to uphold the law, but businesses at American Dream haven’t upheld it, the suit says.
“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 since January of this year,” the lawsuit reads.
While the mall previously upheld the Sunday rule, in 2024, businesses began opening on Sundays. The mall’s disregard for the rule was first reported by the Bergen Record in January 2025, part of the USA TODAY network. At the time, the newspaper stated the mall had been operating on Sundays for at least a year.
Paramus officials said in the suit that businesses that violate the law and sell prohibited goods on Sundays may be fined or shuttered after many violations. The officials added that they wanted to encourage mall owners to obey the law.
Paramus Mayor Christopher DiPiazza said American Dream had “promised on record” that it would follow the county’s blue laws once it opened, according to the Associated Press.
The lawsuit is against the mall’s owners, Ameream LLC, the Borough of East Rutherford (where the mall is located), Bergen County, and the New Jersey Sports and Exposition Authority (NJSEA), which owns the property where American Dream operates.
“The lawsuit is a meritless political stunt driven by private competitors’ interests,” American Dream said in a statement obtained by the AP.
USA TODAY contacted DiPiazza and all the named parties for comment on Friday, Aug. 29, but only received responses from the NJSEA and a Bergen County official. The New Jersey Sports and Exposition Authority declined to comment, citing pending litigation.
In a statement to USA TODAY, Bergen County Executive Jim Tedesco said that he respects blue laws because they protect residents’ quality of life and ensure that retail workers can rest. He said the lawsuit is about “fairness.”
‘They broke that promise’
“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,” Tedesco said. “They broke that promise.”
In the statement, he added that the mall’s decision to open on Sundays violates the law and gives them an “unfair advantage” over businesses in Bergen County that are following the law.
Located in East Rutherford, American Dream is the second-largest retail and entertainment center in the United States after Minnesota’s Mall of America. It’s home to over 400 stores, according to Visit New Jersey.
The mall’s website lists its Sunday hours as 11 a.m. to 7 p.m. for retail stores and the food court, asnd 12 p.m. to 6 p.m. for The Avenue, which includes luxury brand storefronts such as Gucci and Balenciaga.
Residents voted 44 years ago to prohibit sale of retail items
What’s often considered one of the first blue laws became official in 1617 in Virginia, according to the National Alcohol Beverage Control Association. According to the association, the colony required citizens to attend church and allowed militias to enforce the rule. During the early 19th century, activists pushed to prevent commercial or “immoral” activities on Sundays, the association added.
The U.S. Supreme Court has previously ruled in some cases that laws restricting activities on Sundays are not unconstitutional. In the 1961 case McGowan v. Maryland, the court upheld a law banning the sale of goods on Sundays. The court stated the purpose behind the law was to ensure the health, safety, recreation and general well-being of all people, regardless of their religious affiliation.
Blue laws date to colonial times, based on Christian tradition, and backed by local ordinance in Paramus, reported The Bergen Record, part of the USA TODAY Network. The laws were established in 1704 and codified in 1798. During that time, they applied statewide and were far stricter than the current Sunday-specific regulations. They also banned leisure activities and nonessential travel.
According to the municipal clerk in Wyckoff, a nearby township in Bergen County, residents agreed to uphold the law in 1980. In November 1993, a county-wide referendum to lift the Sunday sales prohibition was defeated by a vote of 2 to 1 of all Bergen County voters, the township says.
The lawsuit contends the mall has broken that law. It includes a photo of a mall sign that reads “All stores open Sundays.”
Saleen Martin is a reporter on USA TODAY’s NOW team. She is from Norfolk, Virginia – the 757. Email her at sdmartin@usatoday.com.
