File #: Res 1808-2009    Version: * Name: Protect shoppers and store staff from dangerous shopping frenzies by mandating appropriate security measures and holding retailers accountable when people are injured.
Type: Resolution Status: Filed
Committee: Committee on Public Safety
On agenda: 2/11/2009
Enactment date: Law number:
Title: Resolution calling upon the State to protect shoppers and store staff from dangerous shopping frenzies by mandating appropriate security measures and holding retailers accountable when people are injured.
Sponsors: James F. Gennaro, Lewis A. Fidler, Alan J. Gerson, Letitia James, John C. Liu, Michael C. Nelson, Domenic M. Recchia, Jr., James Sanders, Jr., David I. Weprin, Thomas White, Jr.
Council Member Sponsors: 10

Res. No. 1808

 

Resolution calling upon the State to protect shoppers and store staff from dangerous shopping frenzies by mandating appropriate security measures and holding retailers accountable when people are injured.

 

By Council Members Gennaro, Fidler, Gerson, James, Liu, Nelson, Recchia Jr., Sanders Jr., Weprin and White Jr.

 

                     Whereas, The day after Thanksgiving has traditionally kicked off the start of the holiday season; and

                     Whereas, Also known as Black Friday, this day is thought to be the busiest shopping day of the year; and

                     Whereas, In 2008, Black Friday weekend accounted for up to 13 percent of stores’ holiday business; and

                     Whereas, Embracing the excitement surrounding the day’s status as the kick-off to the holiday season, many retailers offer steep discounts on select merchandise and open their stores earlier than normal to accommodate enthusiastic shoppers; and

                     Whereas, Because of the anticipated savings and the expected scarcity of the season’s most popular items, it is not unusual to see large crowds of shoppers lined up outside major stores in the early morning hours of Black Friday; and

                     Whereas, On November 28, 2008, Jdimytai Damour, a temporary security worker hired by a Wal-Mart in Valley Stream, Long Island to help control the crowd during the Black Friday sale, was trampled to death by shoppers after they broke through the glass doors in their haste to take advantage of the sales; and

                     Whereas, In the aftermath of the tragedy, the Nassau County Police Department (“NCPD”) expressed that it is ultimately the store’s responsibility to control crowds and enforce security measures when it anticipates exceptionally large crowds; and

                     Whereas, Similar episodes of violence have occurred on Black Fridays past, including in 2005, when a 72 year-old woman was trampled at a BrandsMart in Sunrise, Florida, and in 2006, when a woman in Torrance, California was injured in a stampede after 500 gift certificates were dropped from the ceiling; and

                     Whereas, Not a phenomenon exclusive to Black Friday, violence resulting from frenzied retail crowds also occurred upon the release of the Playstation 3 in 2006, when mob-like violence and injuries occurred in at least four different states; and

                     Whereas, After the Valley Stream incident, the NCPD found that Wal-Mart had inadequate security measures in place when Mr. Damour was killed; and

                     Whereas, The NCPD also released a report which called on retailers to engage in better planning, implement better crowd control procedures, and improve communication during large-scale retail events; and

                     Whereas, There are currently no New York State public safety laws governing the safe and orderly execution of events such as these; now, therefore, be it

                     Resolved, That the Council of the City of New York calls upon the State to protect shoppers and store staff from dangerous shopping frenzies by mandating appropriate security measures and holding retailers accountable when people are injured.

DMB

LS# 6868

2/2/08