Wawa sues city of Garfield over law that prevents 24-hour operation
In the past businesses like Wawa were exempt from an ordinance that prevented shops from being open between midnight and 6 a.m. That ordinance was changed last month.
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Wawa is suing the city of Garfield over a law preventing the convenience store from operating 24 hours a day.
It was hard to find anyone who wanted the 24-hour Wawa on Jewell Street in Garfield to close overnight. But the city wants them to.
In the past businesses like Wawa were exempt from an ordinance that prevented shops from being open between midnight and 6 a.m. That ordinance was amended last month and now includes businesses like Wawa. The convenience store is suing the city.
Bilal Whitest lives in Paramus and counts on stores like Wawa being open late.
"When the other stores are closed, we need the convenience of going to the Wawa, 7-Elevens and these stores that are open 24 hours," Whitest said.
According to the lawsuit filed earlier this month, the ability to operate its 24/7 business was central to Wawa’s decision to invest in and open the Garfield location in 2015 and is essential to its business model. The lawsuit also says the amended ordinance violates Wawa’s rights and will completely shut down Wawa’s overnight operation, causing irreparable harm.
The ordinance was set to take effect on June 2 at 10 p.m., but Wawa won an injunction on June 9 to continue its 24/7 operation.
In a statement, Mayor Everett E. Garnto Jr. said in part, "...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.”
The mayor, who lives 200 feet from the Wawa as per the lawsuit, has reportedly said that there have been quality of life issues in town associated with the late-night business.
Wawa’s lawsuit says since the Garfield location opened in 2015, “Not once during this time did Wawa have any record of written notice or phone calls from the City expressing any issue with these hours of operation.”
Meantime, residents stopping in for gas, coffee and everything in between sided with the convenience store.
"I’m here all the time and I come here at night, and I pick up pizza for my kids for dinner sometimes," said local realtor, Kamila Dubisc.
The mayor and City Council have “authorized the city’s attorneys to appeal the court’s injunction and to litigate Wawa’s lawsuit through to its conclusion.”
News 12 reached out to Wawa about the issue, but a spokesperson said they cannot comment due to the ongoing litigation.
