Wawa
has filed a lawsuit against the city of Garfield over a municipal law that prevents the convenience store and gas station from operating 24 hours per day.
Wawa, which opened its city location in 2015, argued that its “business and goodwill will be irreparably harmed” if it is not able to be open 24 hours a day, seven days a week, according to the suit filed in state Superior Court in Bergen County.
A restraining order temporarily blocking enforcement of the ordinance was issued on June 9.
“The city of Garfield was restrained by court order from enforcing its long-standing overnight retail closure ordinance against Wawa,” Garfield Mayor Everett Garnto said in a statement. “The city remains steadfast in its commitment to enforce its ordinances and to protect the quality of life of its residents.
“The mayor and council authorized the city’s attorneys to appeal the injunction and litigate Wawa’s lawsuit to conclusion.”
Attorney Richard Malagiere, representing Garfield, said a request for a hearing on the restraining order will be filed this week. Attorneys representing Wawa declined a request to comment on the lawsuit.
According to the lawsuit, the City Council in May voted to amend an ordinance dating to 1972 that barred retail businesses from operating between midnight and 6 a.m.
The ordinance was previously amended in 2008 to exempt supermarkets, grocery stores and convenience stores located more than 200 feet from a residence or residential zone but, on May 13, the council passed a new amendment changing the definition of a “retail business” to include restrictions directed “explicitly” at Wawa, according to the lawsuit.
The amended ordinance also expanded the 200-foot restriction and changed the prohibited hours of operation to between 10 p.m. and 6 a.m.
The city’s Wawa location was part of a 2012 redevelopment plan, which did not put restrictions on the hours of operation for fuel stations or convenience stores, according to the lawsuit.
According to the lawsuit, keeping the location continuously open is a “critical aspect of Wawa’s brand” and a large factor in the company’s decision to open in Garfield. Approximately 25% of the store’s sale are generated between 10 p.m. to 6 a.m.
Garfield Mayor Everett Garnto, elected in November 2024, lives a block from Wawa, according to the lawsuit and has publicly complained about the Wawa over the years, it is alleged in the lawsuit. When Wawa first opened, Garnto said Wawa “is not a good neighbor,” it was stated in the lawsuit.
After the ordinance was introduced on April 22, Garnto declined a request to meet with representatives of Wawa, according to the lawsuit. The council passed the ordinance at a “work meeting,” where items that will be considered at an upcoming council meeting are typically discussed.
Garnto declined a request to comment on the allegations made in the lawsuit.
During the work meeting on May 13, according to the lawsuit, the
council presented “noise complaints and alleged disorderly conduct” as justification for the amended ordinance but did not provide evidence that closing the store overnight would alleviate the concerns.
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