Accusations Of Selective Enforcement In Atlantic City, New Jersey

We have received allegations about various business operator concerns in Atlantic City, New Jersey regarding selective enforcement of Ordinance # 22 of 2023.

This ordinance was allegedly put into effect because of the increased crime in Atlantic City.

In other words, selective businesses are being punished because of a City of Atlantic City administration deficiency.

Ordinance # 22 states that businesses must close between 10:00 p.m. to 8:00 a.m.

Further, the ordinance gives the Atlantic City Director of Licensing and Inspections the power to waive the business closures of their choice.

“This only adds to the arbitrary nature of the enforcement,” writes attorney Sam Lashman, in a letter that an Atlantic City Hall source has provided a copy to me.

Keeping this bad legislation in effect, allows the Marty Small administration to politically retaliate against any business that they choose … while providing preferential treatment to others of their choosing.

We have learned and confirmed that the noted and well respected attorney Samuel D. Lashman has sent a letter to Atlantic City Solicitor Michael Perugini, outlining legitimate concerns and objections regarding Ordinance # 22 of 2023.

It seems that the ordinance is unconstitutional in nature and appears to have already been successfully litigated in Camden City.

In part, Lashman wrote:

“Regarding the actual basis of the letter, I have reviewed the ordinance as well as the case of Fullbrook v. Mayor of the City of Camden, 2013 N.J. Super. Unpub. LEXIS 2695 (App. Div 2013) Docket No. A-4536-12T2. If that case is the basis for the ordinance I believe it has been mis-read. That case in no way supports the ordinance and probably stands for the opposite conclusion. The ordinance as written is City wide in scope.”

Lashman also effectively points out to Perugini that Atlantic City is sending out letters on a selective, random basis. That’s simply not fair or defendable.

Lashman also points out that Atlantic City is a 24 hours per-day city … which it has been for decades. Businesses should not be forced to close for 10 hours per-day.

Lashman wrote:

“The attempted closures are not directed at all businesses in the same class, which appear to be mini-marts or businesses which sell prepared food. Therefore the attempted closures and enforcement are arbitrary and capricious. The ordinance further states that the Director of Licensing and Inspections has the power to waive the closures. Again this only adds to the arbitrary nature of the enforcement.”

Marty Small has earned a reputation for retaliating against perceived political enemies, or, those who do not support him.

A member of the Atlantic City Council has advised that any resident or business owner, who feels that they have been politically retaliated against… Should request a conflict inspection, by either the county of Atlantic, or a nearby municipality, such as Ventnor or Brigantine.

Here is the entire letter sent today, July 9, 2023 to Perugini.

This is a developing story. I’ll provide updates as additional information becomes available.