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Legislature to do away with many Sunday ‘Blue Laws’
Retail stores will no longer be bound by 1:30 opening time
By Matthew French
Staff Writer
Did you happen to buy your television on a Sunday? How about a can of paint? If so, and you live in Berkeley or Dorchester counties, there’s a good possibility you’ve broken the law.
But don’t expect the police to break down your door.
State lawmakers are working to eliminate some of the more outdated and obsolete aspects of what are commonly referred to as “Blue Laws,” which prevent the sale of certain goods and the operation of certain businesses on Sundays, while strengthening employees rights to refuse to work on Sundays.
South Carolina law says retailers in most counties in the state cannot open for business prior to 1:30 p.m. on a Sunday, meaning they miss out on several potential shopping hours. However, counties that earn more than $900,000 per year in accommodation, or hotel, taxes, are exempt from the law.
The problem, say lawmakers, is that businesses in some counties are given a government-endorsed competitive advantage.
“Every community out there in the state wants its businesses to succeed,” says state Rep. Vida Miller, D-Pawleys Island, who represents parts of Charleston and Georgetown counties.
“I’m a pro-business Democrat and I understand the reality of something like this. Retail and mom and pop businesses are the backbone of our community along the coast.”
Miller, in addition to being a state representative, owns an art gallery on Pawley’s Island, and says she understands the constraints that retail, hospitality and tourism and restaurant businesses are under.
Antiquated laws
The bipartisan bill, House Bill 3530, would eliminate the 1:30 p.m. time restraint, while simultaneously doing away with arcane laws that prevent the sale of many common household items on Sunday. One such example expressly forbids the sale of certain items on a Sunday, such as china, glassware and kitchenware; tools, paints, hardware, building supplies and lumber; radios, televisions and stereos; and sporting equipment.
“Some of these laws are somewhat antiquated,” says Miller, who is one of eight Democratic co-sponsors of the bill, which has 24 total sponsors.
“In many areas, the police and other officials don’t even bother to enforce these laws. We depend on 24/7 businesses and we can’t have laws that interfere with that if the owner of the business wants to work.”
The bill will not, however, affect the sale of alcoholic beverages on Sunday, which is still prohibited in some counties.
Mary Graham, vice president of public policy for the Charleston Metro Chamber of Commerce, says the chamber’s public policy council supports the bill.
“Charleston County may be exempt from a number of these laws, but we have members in Berkeley and Dorchester counties and to them, these laws do have an impact,” Graham says.
Conscientious objectors
The bill, which is currently before the state’s House Judiciary Committee, would simultaneously strengthen employees’ rights to refuse to work on Sunday if they claim that doing so would violate their religion.
For Lowcountry employers, that issue could have a direct and potentially detrimental impact on retailers, tourism, hospitality organizations and restaurants, who often rely on younger, seasonal help from employees who may not feel a sense of obligation or loyalty to their employer.
The bill reads, in part, that it will “further provide for protection of this right to refuse to work on Sunday by reason of conscientious objection to Sunday work.” And an employer who dismisses an employee for refusing to work on Sunday opens the business up to a potential lawsuit.
“An employer who dismisses or demotes an employee because the employee is a conscientious objector to Sunday work is subject to a civil penalty of (triple) the damages found by the court or the jury plus court costs and the employee’s attorney’s fees,” the act reads. “The court may order the employer to rehire or reinstate the employee in the same position he was in before dismissal or demotion without forfeiture of compensation, rank, grade or seniority.”
The bill does not prevent an employer from not hiring a potential employee if that candidate indicates he or she would refuse to work on a Sunday, but it does prevent the employer from disciplining an existing employee for doing so, Miller explains.
“We live in a tourist area and I understand what that means,” Miller says. “From the Grand Strand through the Lowcountry and Beaufort County, stores have to be open on Sunday and they have to have employees who will work those days. But at the same time, we need to respect peoples’ religion.”
Miller acknowledges that it is possible for employees to abuse the conscientious objector provision, but doubts many will do so.
“I have confidence in our young people—our college and high school students—and I don’t foresee any rampant abuse of it,” she says.
“If there’s someone who says they’re a conscientious objector to working on Sundays, and then spends their Sundays on the beach drinking beer, they’re in a pretty indefensible position.”
The chamber’s Graham agrees, saying neither she nor anyone she spoke to at the chamber had heard of pseudo-objectors refusing, en masse, to work on a Sunday.
“None of our members has complained about it,” she says. “Employers set the terms of work down before they hire an employee, so I don’t think any new language will create a problem.”
Cleaning up the law
Rep. James Merrill, R-Daniel Island, the House Majority leader whose districts include Charleston and Berkeley counties, says the intent of the legislation is to create more uniformity throughout the state.
“We’re trying to clean up the code and clean up stuff that is, frankly, antiquated,” he says. “If a retail owner moves from Lexington County to Charleston County, he should be subject to the same laws.”
Merrill also adds that closer attention needs to be paid to focusing so intently on the word “Sunday,” and that perhaps changing it to “Sabbath” would be more appropriate.
“When these Blue Laws were written, there probably wasn’t a whole lot of consideration given to the Jewish population,” he says. “Their Sabbath is on Saturday, and something needs to be included to take that into account.”
Equally important in the new law, Miller says, is a clause that prohibits a landlord from requiring his or her business lessees to open on Sunday.
“I run a small retail store and I’ve had leases in the past that required me to be open seven days a week, from 10 a.m. until 11 p.m.,” Miller says.
“Now, Sundays are my shopping days, my resting days. And business owners should have the ability to make that choice, as well.”
Matthew French covers governmental policy and legislation for the Business Journal. E-mail him at mfrench@crbj.com.
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