Wawa Sues Garfield, NJ Over 24-Hour Ban: Temporary Restraining Order Halts Overnight Closure Ordinance

the staff of the Ridgewood blog

GARFIELD, NJ — The beloved New Jersey-based convenience store chain Wawa is locked in a legal battle with Garfield city officials over a proposed ordinance that would prohibit retail businesses from operating between 10 p.m. and 6 a.m. — effectively ending Wawa’s 24-hour service at its Jewell Street location.

In response, Wawa filed a lawsuit against the City of Garfield, its mayor, and the City Council, claiming the ordinance unfairly targets the store and violates both procedural rules and constitutional rights. The location has operated 24/7 since opening in 2015 under what Wawa asserts was zoning approval without hour restrictions.

🏛️ Judge Grants Temporary Restraining Order

On June 5, a Bergen County Superior Court judge granted Wawa a temporary restraining order, stopping the city from enforcing the ordinance for now. However, City Attorney Richard Malagiere said Garfield plans to file an emergent appeal on June 11.

“The city of Garfield was restrained by court order from enforcing its long-standing overnight retail closure ordinance against Wawa,” said Mayor Everett E. Garnto Jr.
“The city remains steadfast in its commitment to enforce its ordinances and to protect the quality of life of its residents.”

🏪 Background: Wawa’s Investment in Garfield

Wawa says its decision to open on Jewell Street was central to Garfield’s 2012 redevelopment plan, which rezoned the area specifically to attract a business like Wawa. At the time, no restrictions were placed on operating hours.

Wawa also claims that in the past 10 years, the Garfield location has never been cited for violating operating hour laws. Yet in April 2024, the City Council began amending a 1972 ordinance that restricts retail activity overnight. This new version would:

• Prohibit retail operations between 10 p.m. and 6 a.m.

• Expand residential buffer zones to all directions from the store’s property line

• Allow Superior Court enforcement without bond

• Define retail broadly to include gasoline, food, groceries, snacks, tobacco, and household items

📉 Wawa: Ordinance Was Rushed, Defective, and Targeted

Wawa argues the process was flawed:

• The final ordinance was not discussed at the May 20 council meeting, as expected, but rather introduced and considered during a May 13 work session

• The public notice was allegedly defective and failed to inform residents about final passage

• Wawa was never contacted about the ordinance before it was introduced, and Mayor Garnto refused to meet with company reps

🔍 Dispute Over Police Data and Complaints

Garfield officials cited noise complaints and disorderly conduct near the store as reasons for the ban. But Wawa says there’s no documented evidence to support those claims.

The only reference in the ordinance was an unverified statement from a local police officer claiming 1,011 calls between 10 p.m. and 6 a.m. over two years, compared to 433 daytime calls. Wawa says the source of the calls was never confirmed, nor were any reports shared with the public or city officials.

🏘️ Alleged Conflict of Interest: Mayor’s Proximity to Wawa

The lawsuit also raises concerns about Mayor Garnto’s personal interest, noting that he lives within 200 feet of the Wawa. The company cited:

• Garnto’s previous public comments claiming Wawa lowered nearby property values

• Facebook videos and complaints Garnto allegedly posted between 2015 and 2017

Wawa argues the new ordinance is:

• “Arbitrary, capricious, and unreasonable”

• A violation of constitutional rights to due process and equal protection

• A misuse of municipal police powers

• Legally defective and unethical, violating NJ’s local government ethics law

📝 What’s Next?

Garfield plans to appeal the temporary restraining order and continue defending its ordinance in court. Meanwhile, Wawa remains open 24/7 on Jewell Street as the legal proceedings continue.

This case may set a precedent for business rights vs. local ordinances in New Jersey and beyond, especially as municipalities seek to balance economic development with residential quality of life.

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