Wal-Mart hot potato passed to state

Adrienne Packer

Thursday, Sept. 23, 1999 | 11:16 a.m.

An ordinance that could prevent Wal-Mart from opening a Supercenter in unincorporated Clark County was formally introduced Wednesday, but will be reviewed by the attorney general's office before it is voted upon.

Clark County Commission Chairman Bruce Woodbury said the district attorney's office and county staff has serious concerns about the ordinance.

"We're not sure it's up to the local authority to get involved in an anti-competition protectionist measure," said Woodbury, who is abstaining from the matter because his son works for attorneys representing Wal-Mart.

Woodbury said if the county does not receive the state's opinion before its public hearing on the ordinance, which is scheduled for Oct. 6, the decision on the new law will be postponed.

Las Vegas union members flooded the Clark County Commission chambers again Wednesday, but this time they were matched by busloads of Wal-Mart employees who vowed to fight for their company's right to open another store.

"The public hearing debate has begun," Barry Shannahan, a Wal-Mart real estate manager, shouted in a light drizzle to employees wearing stickers that read "We Support Competition."

"The basic issue is whether the Clark County Commission has the ability to regulate interstate commerce. We don't believe the commission has the ability to do this."

Just a few yards away, Danny Thompson of the Nevada AFL-CIO fired up members of the Culinary and United Food and Commercial Workers union. Thompson told union members not to blame Wal-Mart employees, but the company, which offers poor benefits and low wages.

Union members, who were wearing "Stop Wal-Mart" stickers, vowed to be back for the next public hearing.

"The ordinance is in the hands of the AG's office now," said Roberta West, president of the food and commercial workers union. "We're glad it was introduced and hopefully it will be back."

The union worked with county planners to develop an ordinance that would prevent "big box" stores like Wal-Mart from moving into town.

The ordinance says stores that exceed 110,000 square feet can have no more than 2 percent of their floor space dedicated to grocery sales. If the grocery area exceeds 2 percent, the food and general merchandise must be stored in separate stores.

And the two stores must be built in separate shopping centers if they share management, check stands, controlling interest or a warehousing division.

Despite the legal concerns, the ordinance was introduced so that if the attorney general's office supports it, it can be approved Wednesday -- the required two weeks after introduction.

The county has offered many different reasons for the ordinance, which was introduced by Commissioner Erin Kenny. County officials first said eliminating big box stores would prevent traffic problems in parking lots. They then said the ordinance would keep smoking and gaming out of department stores.

Woodbury reiterated earlier remarks that traffic problems are taken care of through zoning procedures and smoking and gaming are regulated by the state.

"There may not be a valid zoning basis for this ordinance," Woodbury said.

A Wal-Mart Supercenter -- which includes a fully stocked supermarket in addition to the traditional store -- would be the first major nonunion grocery store in the valley.

Union members have said the store offers lower prices by providing either no benefits or poor benefit packages to employees and paying them substandard wages.

Shannahan and nearly 100 employees who accompanied him Wednesday disputed the remarks.

"We employ over 1 million associates domestically," Shannahan said emphatically. "If we were such a terrible place to work, why would we have a million people working for us?"