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New Jersey's massive American Dream mall sued for selling clothes on a Sunday

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FILE - People walk through the luxury wing at the American Dream shopping mall in East Rutherford, N.J., Sept. 17, 2021. (AP Photo/Ted Shaffrey, file)

On any given Sunday, the massive American Dream mall in New Jersey allows visitors to hit an indoor ski slope, surf an artificial wave, ride roller coasters — or shop for a new outfit at dozens of big-name retail stores.

One of those things is a problem, argues a new lawsuit against the massive entertainment and retail complex in East Rutherford – and it isn’t the thrillseekers.

American Dream, the suit from officials in nearby Paramus contends, is running afoul of a county law that has long prohibited the sale of nonessential items such as clothing, appliances and furniture on Sundays.

Such “blue laws” date back centuries in New Jersey and were originally rooted in religion. But modern proponents say they offer a welcome break for locals from traffic and noise in a region near New York City that's teeming with shoppers throughout the week.

Officials in Paramus, a major shopping hub that boasts three large malls and miles of strip malls, say nearly every other retail store in the county is closed to shoppers on Sundays.

That was originally the plan for American Dream when it opened in 2019, adjacent to MetLife Stadium, where the NFL's Jets and Giants play. Retail stores would close on Sunday, while the theme parks in the mall would remain open — but a report by NorthJersey.com in January says retailers there had also been opening their doors the extra day for nearly a year.

“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," argues the lawsuit filed in state Superior Court.

A statement from American Dream argued that Bergen County’s blue laws don’t apply to the complex, because it sits on state-owned property.

“The lawsuit is a meritless political stunt driven by private competitors’ interests,” the statement says.

But Paramus Mayor Christopher DiPiazza said that American Dream had “promised on record” that it would follow the county's blue laws once it opened.

A transcript from a 2011 public hearing shows Tony Armlin, then the vice president of development and construction for mall owner Triple Five, saying the laws “prohibit our ability to have retail activities on Sundays,” which he said would restrict the impact of traffic.

Jim Tedesco, the executive of Bergen County — which is also named in the suit — said in a statement American Dream's operators had “personally assured” him that they would keep retailers shut on Sunday before the mall opened.

“They broke that promise," he said. "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.”

The suit also names East Rutherford, whose mayor did not return a request for comment, and the New Jersey Sports and Exposition Authority. The NJSEA and the state attorney general’s office declined comment because they don’t discuss pending litigation.

New Jersey's blue laws initially were far stricter and enforced statewide. They banned not just business operations but also leisure activities and nonessential travel, with proponents arguing the state and the nation had a moral obligation to protect the Sabbath from commerce and recreation.

While most New Jersey counties no longer have them, leaders in Bergen County have repeatedly resisted attempts to repeal them, and the measures — which do exempt some services, including grocery and drug stores — have been upheld by county voters.

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Philip Marcelo in New York contributed to this report.

Bruce Shipkowski, The Associated Press

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