I've never been a fan of "blue laws", which restrict business activities on certain days with an ostensibly religious significance.

Originally implemented to force folks to keep the Christian Sabbath, they interfere with the legitimate rights of those of other faiths (and no faith at all) to engage in commerce as they see fit -- and provides no equivalent protection for those whose Sabbath and other holy days fall outside of those of the Christian religion.

More to the point, they needlessly restrict the economic activities of Americans on their non-work days. After all, who is harmed if I purchase a car on Sunday?

Massachusetts has done away with most of its blue laws -- but among the exceptions is the one requiring that stores close on Christmas, New Years Day, and Thanksgiving.

One grocer, Whole Foods (which specializes in natural and organic foods), planned to open its 14 Massachusetts stores for Thanksgiving. A compettitor, Shaws Supermarkets, with over 200 Massachusetts stores, complained to the state and have brought the jackboot of the state authority down upon Whole Foods to force the closure of their much smaller competitor, which had sought and received permits from local authorities to open on the holiday.

What was the basis of thier complaint?

"We believe that allowing Whole Foods to open on Thanksgiving Day will create an unlevel playing field for all other retail grocers," Shaw's legal department wrote to Reilly on Nov. 4. "Besides disadvantaging competitors, a Whole Foods opening would harm consumers, due to lack of choice in the marketplace for consumers to shop and compare prices for the best deal."

I have two reactions.

1) What would have kept you from seeking a similar exemption?

2) Do you really believe that it is a greater harm to consumers to have a single choice on Thanksgiving than for them to have zero choices?

Not, of course, that Massachusetts consumers will be without recourse on Thanksgiving. Gas stations and convenience stores will be open under an exemption written into the blue law. I wonder if Shaws in Massachusetts has done like Krogers has here in Texas and Albertsons has done in other parts of the country -- opened up convenience stores and gas stations on their lots, which would allow them to sell all those Thanksgiving needs without competition from Whole Foods. And, of course, whatever convenience store or gas station they go to will have a smaller selection of goods at much higher prices than they would have paid at Whole Foods -- certainly a wonderful benefit of this state "protection" of the consumer. Not to mention that the available selections will not include the preferred organic and natural food selections of Whole Foods shoppers.

The state is offering a different justification for its actions.

A letter to Whole Foods from Reilly's fair labor and business practices division said, "Generally, the performance of work on legal holidays is prohibited unless permitted by a statutory exemption." The letter noted Reilly has the power to bring criminal charges against anyone who violates the state's blue laws.

Nick Messuri, chief of Reilly's business and labor protection bureau, said the blue laws sound archaic, but they protect workers from pressure to give up their holidays.

Whole Foods responds that no worker would have been forced to work on the holiday, and that they would have received double-time for the holiday shift -- a bargain I certainly would be glad to make (and generally did when I worked for an hourly wage).

But everyone here is protected by state regulation. Consumers are protected from being able to buy the items they need at the store they want. Workers are protected from choosing to make twice their hourly wage while still having plenty of time to mark the holiday. And Shaws is protected from their tiny, specialized competitor earning a little bit of good will from the public.

Thank God for the jackboot power of government protecting us from the invisible hand of capitalism!

LINKING TO OPEN TRACKBACK: Stop The ACLU

Posted by: Greg at 05:45 AM | Comments (4) | Add Comment
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