CITY HALL:

Resident opposes Wal-Mart on alcohol sales — and wins

Steve Marcus

Martin Dean Dupalo looks at the posting for the special use permit that would have allowed Wal-Mart on Nellis Boulevard to sell alcohol.

By Sam Skolnik (contact)

Monday, Nov. 10, 2008 | 2 a.m.

Steve Marcus

Martin Dean Dupalo shows a damaged wall on East Charleston Boulevard. To make his case against Wal-Mart selling alcohol, Dupalo took pictures of nearly three dozen sites in his Las Vegas neighborhood where drunken drivers have caused property damage.

In Martin Dean Dupalo’s neighborhood, finding a place to buy alcohol has always been easy — astoundingly easy.

More than 80 such outlets lie within a 1.5-mile radius of the corner of Stewart Avenue and Nellis Boulevard.

Bars and restaurants. Liquor stores and groceries. Mini-marts and bodegas.

Dupalo decided he’d had enough of the liquor-fueled behavior and the drunken driving he said was surely a direct result of the availability of alcohol.

So he decided to take on his local Wal-Mart, at 201 N. Nellis Blvd., which had planned to add package liquor sales. The giant low-priced retailer first needed the approval of the Las Vegas Planning Commission and the City Council.

Dupalo, a UNLV political science instructor, lobbied City Hall with an inventive campaign. His quest ended Wednesday when the council unanimously — and surprisingly — rejected Wal-Mart’s liquor license bid.

“I did not think I would win,” Dupalo said. “But I had a strong, proper, aboveboard cause that I felt I had to pursue.”

Dupalo is no stranger to the workings of government. In addition to teaching and studying politics — he’s pursuing a doctorate — he has been an activist in his neighborhood over the past decade on issues such as speed bumps.

Moreover, Dupalo, a former Air Force intelligence officer, has since 2002 been a member of the city’s Community Development Review Board, which evaluates funding requests from nonprofit groups.

He’s been recognized as Citizen of the Month by the city for his community volunteer efforts.

Dupalo knew he was in for a battle from the start, but he believed his argument was sound.

He sent the Planning Commission a four-page letter before its Oct. 9 meeting, urging the panel to consider the social effects of the “over-saturation” of liquor outlets in the neighborhood.

The position of Wal-Mart’s attorneys was clear:

“The liquor Wal-Mart intends to sell is commonly available for purchase, and patrons will benefit from the option of a competing location that sells packaged liquor at competitive prices,” locally retained Wal-Mart attorney Lucas Tucker wrote to the Planning Commission on Aug. 12.

A spokesman at Wal-Mart headquarters in Bentonville, Ark., recently elaborated.

“Ultimately, it’s about what the customers want,” said Dan Fogleman, who noted that they appreciate one-stop shopping. Stores across the country, he said, “constantly” get requests to add beer and wine to their inventories.

Dupalo couldn’t attend the Planning Commission meeting, but asked that his letter be read into the record. It wasn’t, he said, and the commission, after a brief presentation by Wal-Mart’s local attorney, passed the proposal unanimously.

Then it was up to the council.

Dupalo has known Ward 3 Councilman Gary Reese for about a decade, he said. Reese appointed him to the Review Board.

But initially, Dupalo said, he encountered resistance to his opposition to Wal-Mart from everyone he spoke with on City Hall’s 10th floor.

“I was repeatedly told that Wal-Mart is powerful” and not worth opposing, Dupalo said.

He didn’t have scores of names on a petition or dozens of neighbors set to testify before the council. Nor did he have local drunken driving statistics, though Metro Police back his argument.

Metro spokesman Bill Cassell said Dupalo’s neighborhood is regularly a spot for DUI saturation patrols and checkpoints because of its relatively high drunken driving rate.

Without detailed statistics or strong shows of neighborhood resistance, Dupalo came up with another compelling way to make his case: photographs.

During a trip around his neighborhood, Dupalo took pictures of 34 sites where DUIs had occurred. The photos showed damaged fences, walls, utility poles and mailboxes. He said that in almost every case, he had been told by property owners and others that the damage had been caused by drunken drivers.Dupalo also researched where liquor is sold in the area and found 85 locations.

He included the photos and list in a thick packet he delivered to council members and their top staffers. He also lobbied two of them directly — Councilwoman Lois Tarkanian and Reese, in whose ward the Wal-Mart resides.

At Wednesday’s council meeting, Dupalo and two neighbors spoke against the plan. Dupalo pointed to the pictures, saying they were “the scars of my neighborhood.”

Reese seemed convinced. He talked about the integrity of Dupalo’s neighborhood. “I can see that that has been questioned, and I don’t like that,” he said.

Reese wondered why a store such as Wal-Mart needed to sell alcohol.

“What’s next,” he said, “Kmart?”

Wal-Mart attorney Paul Larsen, sensing a possible defeat, offered to withdraw the proposal if the company could retain the option of introducing it again at any time.

Reese demurred.

The council then voted.

After the meeting, Larsen said he didn’t know what caused the sudden backlash to Wal-Mart’s plan — especially because the day before, Reese had promised him his support.

Reese denied making such a promise or even talking to Larsen before the meeting.

None of that matters to Dupalo. He said he’s on to his next fight. A Liborio Market, which specializes in Hispanic foods, is opening in the neighborhood.

It wants to sell liquor.

He’s going to do what he can to prevent that.

Discussion: 15 comments so far…

By Lenny_V

11/10/08 at 3:02 a.m.

Suggest removal

Wow, this guy did his research. Bet Wal Mart were not happy with their expensive attorney who was soundly whooped by a determined teacher.
By Dirk

11/10/08 at 6:26 a.m.

Suggest removal

What Mr. Dupalo fails to realize is that the alcohol is still just as readily available as it was when he went on his crusade. Drunk driving accidents are not caused by the stores that sell the alcohol, and will not decrease even a fraction as a result of his actions. How does denying people their freedom of choice to buy a legal product make this person a hero?
By PatriciaLV

11/10/08 at 6:29 a.m.

Suggest removal

Well, Dirk, you said it yourself .... "the alcohol is still just as readily available".

So who was denied "their freedom of choice"? Can't they just go to another store in that very same area? From what the article says, "More than 80 such outlets lie within a 1.5-mile radius of the corner of Stewart Avenue and Nellis Boulevard."
By annienonymouse

11/10/08 at 6:51 a.m.

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"Dupalo decided he'd had enough of the liquor-fueled behavior and the drunken driving he said was surely a direct result of the availability of alcohol."

Wow, do you think?
By dart330

11/10/08 at 8:15 a.m.

Comment removed by staff.
By homer

11/10/08 at 9:11 a.m.

Suggest removal

dart330, Your statements make you look foolish. You have no idea whether this man is a Mormon or not. It is not only Mormons who are sick of alcohol related accidents,just ask the people on Desert Inn who wittnessed a fatality this weekend.
Just because you buy a six pack of beer and take it home does mean others do. There are more bars in the Las Vegas area than any other city it's size, so you lose that argument as well. My guess is you are under twenty-five years of age without any post high school education and after reading your ridiculous rants it appears as if you who the a-hole.
By rickster

11/10/08 at 10:10 a.m.

Suggest removal

Everyone is missing the whole point here. One man took on the system in his neighborhood, stood up for what he believed was right,and won. This act should give hope to the rest of the sheep in this city to act on what they believe in. Thank you, Mr. Dupalo !!!
By KDR81

11/10/08 at 10:53 a.m.

Comment removed by staff.
By drstrangelove

11/10/08 at 2:46 p.m.

Suggest removal

If Dupalo really did some research, he would notice that wide alcohol availability actually *decreases* drunk driving because then drinkers don't need to travel long distances to get alcohol.

Let's not pretend this is about drunk driving. It's simply about drinking. Carrie Nation has been reincarnated in people like Dupalo.
By TheAuthority

11/10/08 at 4:27 p.m.

Suggest removal

THIS is a struck blow for the everyday man? He limited the sale of a liquid that people can choose to abuse in a lack of will power. Dont misinterpret, Walmart aims for a monopoly and will step on whoever to get it but lets pick our battles shall we? The overall impact of this hollow victory is what...

other than a story to tell over perhaps some malted beverages?
By NZBOB

11/10/08 at 7:14 p.m.

Suggest removal

By stopping Wallmart he has saved 2 or more small stores . Wallmart will sell at cost or below also there beer and wine is hardly ever chilled who wants to drink that on there way home?? To decrease drunk driving why are gas stations allowed to sell beer and wine?? You can tank up your car and get tanked at the same time.
By redferret

11/11/08 at 7:47 a.m.

Suggest removal

The one place Walmart can't beat for price and selection is Lee's Liquor. Better prices, better staff, and better selection.
By azsk8fan

11/11/08 at 8:46 a.m.

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Anthing to bring walmart to its' knees pleases me.
By alanj

11/11/08 at 3:59 p.m.

Suggest removal

What on earth was the point of this? 80 places to buy alcohol in the neighborhood, and an 81st is going to make a difference for drunk driving rates?

The only likely change is that people shopping for both alcohol and other things will have to make multiple stops, driving further, which is bad for both safety and the environment. Especially if they're drunk.

I mean, I'm all in favor of sticking it to The Man, but please, pick a battle that actually matters!
By LaDiDa

11/11/08 at 4:12 p.m.

Suggest removal

Why has nobody commented on Attorney Larsens comments that he WAS PROMISED THE APPOROVAL by Commissioner Reese.

Walmart must not have stuffed enough $100 bills in the envelope Larsen dropped off for Reese the day before the meeting, huh.....

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