Controversy continues to plague vote on Wal-Mart

Adrienne Packer

Wednesday, Oct. 6, 1999 | 11:24 a.m.

In the hours leading to a controversial vote on an ordinance that pitted influential Las Vegas unions against Wal-Mart, it appeared that once again questions of ethical conflicts would hamper the decision-making process.

With two Clark County commissioners abstaining from the vote, it left the decision up to the five remaining board members -- three of whom have publicly said they support the ordinance and two who have decided to vote against it.

When Commission Chairman Bruce Woodbury was advised early today to abstain by District Attorney Stewart Bell, the United Food and Commercial Workers Union benefited.

Because Woodbury has expressed deep concerns about the ordinance, he was expected to vote in opposition which would have led to a tie vote and the proposal would have died.

Woodbury said two weeks ago that he would abstain because his son works for Mark James' law firm, which was hired to represent Wal-Mart. The corporate giant, however, let James' firm go at the last minute, presumably hoping that the action would remove Woodbury's conflict and allow Wal-Mart to gain a much-needed 'no' vote.

County spokesman Doug Bradford said today that Woodbury believed it would be appropriate to vote but was advised not to by Bell. Nevada Ethics Commission Chairman Bill Bible told Woodbury that there is no precedent for the issue, so he didn't offer a clear direction.

Further complicating matters was Commissioner Dario Herrera's last-minute decision to abstain. Herrera cited ethical conflicts because a client of his public relations firm partner is a developer who leases space to major supermarkets whose employees are members of the United Food and Commercial Workers Union.

The majority of the board -- now being three -- have long said they're in favor of the ordinance that would prevent the opening of stores larger than 100,000 square feet that dedicate more than 2,000 square feet to untaxable groceries.

Wal-Mart Supercenters are larger than 100,000 square feet and have a full-size grocery store that would exceed the limitations and prevent it from opening in the county.

Board member Erin Kenny proposed the ordinance after meeting with the United Food and Commercial Workers Union last summer shortly after Wal-Mart submitted plans for a Supercenter in the northwest part of the county.

Kenny told county planning officials that she was concerned about the effect of "big box" stores on neighborhoods. She said at stores like Costco Wholesale, the number of vehicles and pedestrians in the parking lot pose a public safety threat. Furthermore, she feared that a precedent could be set for allowing gaming and smoking in a department store. Currently gaming is permitted in grocery stores, but not in department stores.

Commissioners Yvonne Atkinson Gates and Myrna Williams, who will vote from her hospital bed while recovering from pneumonia, supported Kenny's effort.

The fact that the majority of the board would favor the union stance was not a surprise. The unions initiated the proposed ordinance and aggressively lobbied commissioners against the Wal-Mart stores.

But still, Daphne Davis, a community affairs director for Wal-Mart, continued to hold out hope early today that board members would resist the unions' pressure and honor residents' wishes.

"What I think is important is the tens of thousands of residents and constituents who have said this ordinance is wrong," Davis said. "I hope they'll listen to their constituents."

Commissioner Lance Malone refuted reports he had told both Wal-Mart and union members he supported their cause. Malone said today he understood each side's stance, but he planned to represent his constituents' wishes.

Malone said his office was inundated with calls from residents who wanted competition. Most residents in his district in the northwest support a Wal-Mart Supercenter, which would be the first major grocery store in the valley that is nonunion.

The planned Supercenter would be built in Malone's district near U.S. 95 and Centennial Parkway.

"I'm going to listen to my (constituents), and they want competition," Malone said. "I told them I represent them -- tell me what direction you want to go, and I'll plant the flag and we'll go to battle."

Even after commissioners vote, the battle will likely continue. In a television appearance on "Point of View Vegas," the Sun's daily news show that airs on Channels 1 and 39, on Tuesday evening, Davis said Wal-Mart is willing to take the county to court.

Many valley residents, including Woodbury, have wondered why the county government was involving itself in a labor issue. The chairman had such serious concerns about the ordinance that he asked the state Attorney General's office to review it.

The Attorney General's office released its opinion on Tuesday morning. The opinion says the board has the authority to "restrict the amount of grocery store use within a structure of a certain size under its police powers and zoning powers."

In response to questions about whether limiting competition was constitutional, the opinion reads: "The proposed zoning ordinance carries a presumption of constitutional validity. Absent specific evidence of undue burdens outweighing local benefits, we must presume that the ordinance would survive a constitutional challenge based on the Commerce Clause (of the Constitution)."