“It’s called ‘Black Friday’ because stores’ accounting books go into the black, but for one family right now it refers to the untimely death of young son and brother,” Councilman Gennaro said. “The tragic death of Jdimytai Damour demands that government steps in to require retailers to take common-sense measures to protect workers and shoppers from the perils of these unsafe free-for-alls.”
The legislation is a response to the recent death of 34-year-old Queens resident Jdimytai Damour, a Valley Stream Wal-Mart employee who was crushed to death by a throng of early-morning shoppers on Nov. 28, 2008. The day-after-Thanksgiving sale day, known as Black Friday because retailers make so much money their accounting books go “into the black,” is characterized by pre-dawn, limited-time sales called “doorbusters” that cause customers to line up overnight and rush entrances once doors are opened. It was such a sale that led to Mr. Damour’s untimely death.
Mr. Damour’s mother, Marie Telismond, expresses her gratitude to Councilman Gennaro for his advocacy of retail safety and by extension, the safety of all New Yorkers.
“I lost my son because of a lack of precaution and preparation on the part of an irresponsible party,” Ms. Telismond said. “A law like the one being introduced today could have saved Jdimytai’s life and will spare other families from experiencing such a devastating loss.”
At least three other shoppers also suffered minor injuries at the Valley Stream Wal-Mart, including a 28-year-old woman who is eight months pregnant, according to police. There were numerous other injuries sustained at doorbuster openings across the country this past holiday season.
A doorbuster sale is typically one that causes a store to open prior to its regularly scheduled opening time, is valid for a limited time or quantity of items and favors early shoppers over later ones, causing customers to wait in long overnight lines and rush entrances at opening time.
Councilman Gennaro’s Doorbuster Bill protects shoppers and store staff specifically by requiring shopping centers and large retailers of a certain size—to be determined upon consultation with law enforcement, employee union and retail industry officials—to receive a permit from the Department of Consumer Affairs, registering an accurate floorplan and a detailed plan for crowd control, including safety personnel assigned to the sale. Violations of the regulation, if passed into law, are a minimum fine of $250 or a maximum prison term of 15 days, as well as store principals being subject to a minimum civil penalty of $25,000.
The ultimate goal of the bill, which is being used as a model for legislation in other legislatures, is the public’s safety.
“There is no other kind of assemblage you can think of—a parade, or a block party, for example—that doesn’t have a permit process and doesn’t require a safety plan,” Councilman Gennaro said. “This is just common sense.”
