By Al Norman,
Huffington Post
July 31st, 2008                                     [back to top]      

Move over, Abe. Step aside, George W.

Wal-Mart Realty has chosen a number of bizarre locations upon which to build their sprawling, featureless boxes. The retailer seems to have a fetish for historically significant properties -- like the Hyde Park, New York parcel abutting the estate of F.D.R. Or Ferry Farm, the boyhood home of George Washington in Fredericksburg, Virginia. Wal-Mart was bought out of Ferry Farm by a private foundation. But none of these sites is stranger than the address at 211 Water Country Parkway in Williamsburg, Virginia. It's not the water park that Wal-Mart wants -- that's across the road. It's a unique, quirky piece of Americana known as Presidents Park.

This unusual tourist attraction features larger than life white concrete busts of some of America's most powerful men. According to the Virginia Gazette, Wal-Mart has its eye on Presidents Park, which describes itself as a "patriotic, educational, and inspiring experience." The Park features 16-18 foot high busts of all 43 American Presidents. Each bust includes handy narrative information on these White House denizens, including their height and weight. The full collection is the creation of artist/sculptor David Adickes, who once fabricated an eight foot tall bronze statue of George H.W. Bush, which today graces Bush International Airport in Houston. Adickes is less well-known for his 76 foot high statue of Sam Houston, which is a landmark in Huntsville, Texas. Perhaps the least known of his creations are the 43 Heads of State in Presidents Park, across Route 199 from the water park. One tourist called this collection of Famous Men "a strange American version of Easter Island."

But Presidents Park caught Wal-Mart's fancy, and if the retailer filibusters long enough, the presidents assembled may have to find new digs. The owner of Presidents Park, Harley Newman, doesn't want to sell the land, but one of his partners has passed away, and the heirs don't want anything to do with the 43 Presidents. Newman has not taken the big step yet of selling to Wal-Mart, but if the smell of money is stronger than the Park's mission of "encouraging civic responsibility and involvement," none of the Presidents are safe.

"We don't have a contract with anyone yet," Newman told the Gazette. If Wal-Mart buys the land, it will sit directly across from a huge "lifestyle center" that is under development, called the Marquis Shopping Center. A developer already has approval to build an 800,000 square foot retail complex. One York County, Virginia Commissioner has called the Marquis center "a new dimension, a lifestyle shopping center that we don't have in York County." The center is expected to attract retailers like JC Penney, Best Buy and Dick's Sporting Goods. None of this is particularly compatible with 43 large heads.

But one local commercial real estate broker is fighting to protect Presidents Park, and reject Wal-Mart. Chris Henderson, a member of the James City County Planning Commission, told the Gazette that Presidents Park adds value to the region. "I think it would be a shame to lose it for the sake of another big-box store," Henderson argues. He's trying to attract investors who would set up a non-profit to run the Park. "Then it would have an educational mission." But Wal-Mart has an educational mission too. It wants to improve the math score of its stock.

Parcel owner Newman says he doesn't want to sell out the Presidents either. "My loyalty is to Presidents Park," he told the newspaper. After all, business at the park seems to be good. Newman said attendance rose 20% last year. "It hasn't been the immediate success that I'd hoped for, and the investors had hoped for, when we opened," he admits. Newman says that one developer has approached him to build a presidential-themed hotel near the park. Instead of shopping in the house wares aisle of Wal-Mart, visitors would have the rare opportunity to sleep in the Lincoln bedroom -- just like a major campaign donor. Newman wants $4 million for the land underneath Presidents Park.

You don't have to be a fan of the current occupant of the Oval Office to appreciate the unique destination value of Presidents Park. Henderson says that Presidents Park has never received its proper respect as a piece of economic development. But this much is certain: Presidents Park will never steal sales away from existing merchants, never outsource jobs to China, and never worsen our foreign trade deficit. Unlike Wal-Mart, its 100% Made in America. And it's a much better use of concrete than any purpose Wal-Mart has found.

The future of Presidents Park could rest in the hands of the York County Supervisors. Tom Shepperd, Chairman of the Supervisors, could lead an effort to rezone the land "tourist/commercial," or limit the size of any retail use of the land. Wal-Mart's interest in this particular property raises the question: Does everything quirky and unique about America have to be displaced to make way for yet another big box store? There are already Wal-Mart supercenters near this site in Gloucester, Newport News, and Yorktown, Virginia. There's a Wal-Mart discount store in Williamsburg just minutes away. It would be a shame to move Presidents Park just to pave over another piece of colorful Virginia character.

It was insult enough when Wal-Mart tried to build on Ferry Farm, the boyhood home of our First President. Now the giant retailer is taking on all 43 Presidents at once. George Bush, as a final Executive Act, should declare this site culturally significant to the American people, and divert $4 million from the war in Iraq to purchase it on behalf of the American people. Wal-Mart should not be allowed to leave our presidents homeless. As one tourist said in 2004, after visiting Presidents Park: "I'm not sure why the creator felt this is a necessary project, but I enjoyed my visit, and would recommend it to anyone traveling through the area... There's a snack bar and picnic tables, so you can eat/drink and bask in Presidential history."

Isn't that worth more than a cheap pair of underwear?

Wal-Mart employees in Shenzhen unsatisfied with lower growth in salary

By Jian Wen,
ChinaRealNews
July 30th, 2008                                 [back to top]      

A collective contract involving over 8,500 employees of Wal-Mart (NYSE:WMT) in Shenzhen was recently finalized after one and a half years of negotiation, with wages highlighted. However, only 66 per cent of these employees voted in favor of the contract. The collective contract includes employment contract, wage, work time, vacation, benefits and employee training. Under the contract, average employee pay will grow 9 per cent annually in 2008 and 2009. Comparatively, average hourly pay for the company's employees in the US has grown 12 per cent since January 2005.

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Is there a new Wal-Mart going in near you?

By Chris Kromm ,
Facing South
July 30th, 2008                            [back to top]      

Arkansas-based Wal-Mart has more than 4,000 stores and distribution centers across the United States -- and the group Wal-Mart Watch is trying to map every single one of them.

The watchdog group's interactive map aims to provide reliable, up-to-date information on store size, type of development nearby, and other useful information for both existing and proposed operations.

The map not only gives a useful snapshot of the "enormous amount of real estate" Wal-Mart holds; the group hopes it is valuable for community groups assessing the value of a Wal-Mart store in their area.

In related news, Arkansas Business reports that Wal-Mart leaders have known since 2000 that stores were illegally denying employees breaks and meals but ignored their own internal audits. The company faces a slew of lawsuits over the issue, which must be troubling given Wal-Mart's recent losing streak in court:

Wal-Mart Stores Inc. now faces more than 70 lawsuits across the country accusing the Bentonville retailer of failing to award rest or meal breaks to its employees or forcing employees to work off the clock without pay.

Since December 2005, Wal-Mart has lost all three of the wage and class-action lawsuits it has faced in courtrooms, with damages now totaling nearly $400 million. And the third case, which hasn't concluded, has the potential to reach $2 billion in damages.

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Plan to replace Kmart with Wal-Mart causing controversy

By Tom Callan,
KSL TV
July 29th, 2008                    [back to top]     

It could be the hottest issue before the Salt Lake City Council this fall: whether to approve Wal-Mart's plans for a superstore near Parley's Way and Foothill Drive.

The city council must approve a zoning change so Wal-Mart can replace the Kmart at 2705 E. Parleys Way with at 140,000-square-foot superstore.

"We want to make the right decisions, not only for the city, but for Wal-Mart and for the citizens who live there," said city councilman J.T. Martin.

Martin says residents don't want Wal-Mart as their new neighbor. "More traffic; I don't particularly care for Wal-Mart," one woman said.

Another woman says Wal-Mart is not the issue. She doesn't want a superstore. "I've been to everything that has been held, yes, and I have voiced my opposition," she said.

You can expect more council meetings before the showdown vote.

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Downtown Wal-Mart draws residents' ire
 

By MICHAEL VASQUEZ,
Miami Herald
July 29th, 2008                        [back to top]     
 

Got a hankering for opera -- and $29 patio furniture? Miami may soon have just the place for you.

It's the future downtown, where a new Wal-Mart big-box store may rise next to the Adrienne Arsht Center. Yet whether ''new'' translates into ''improved'' is being debated.

If Wal-Mart's plans go forward, it would mark the second time in recent years a big-name, warehouse-style retailer has chosen Miami's urban core. Target opened its Midtown Miami location in 2006.

While Target's arrival was hailed as a redevelopment catalyst, Wal-Mart doesn't boast the same trendiness factor.

And Wal-Mart would occupy a higher-profile location -- one where city leaders have longed to attract sophisticated restaurants and upscale shops. Looking to meld into the community, Wal-Mart is considering a decidedly different look for this store.

The deal isn't final -- Wal-Mart is not yet a committed tenant, and the property in question is still technically owned by The Miami Herald's parent, The McClatchy Co. McClatchy expects its sale of the land, near Biscayne Boulevard and North Bayshore Drive. to close by the end of the year.

Nevertheless, Wal-Mart's interest is serious enough to have sent some residents and government officials into mini-uproar.

''Horrors!!'' resident Sharon Dodge recently wrote to City Hall.

Another resident chimed in: ``There goes the neighborhood!''

And this, from a City Commission aide: ``Visualize a Wal-Mart customer in his pick-up truck, and family of four, driving past tuxedo-clad PAC center guests arriving simultaneously.''

The views may be extreme, but they reflect the bubbling concern over the big company's plans.

Lost in this sense of dread is the fact that downtown's Wal-Mart, if it happens, would not resemble the chain's other South Florida stores.

The retail development Wal-Mart would help anchor, City Square, is designed by Miami's world-renowned Arquitectonica firm. Though it's meant to attract big-box retail tenants, City Square also aims to be elegant and pedestrian-friendly.

''People coming to the performing arts center will have the opportunity to shop and eat and make their evening event something that's enjoyable,'' said City Square developer Mark Siffin, who described the project's design as having a ``timeless quality.''

Siffin declined comment on which retailers would occupy his project.

Michelle Azel Belaire, a Wal-Mart spokeswoman, called the downtown corridor ``a predominantly underserved market.''

''At this time, however, we do not have any agreements,'' she added in a statement.

``We continue to explore all of our options.''

It's unclear what type of store format Wal-Mart would pursue downtown -- whether it would go with its traditional discount department store offerings or its smaller, ''neighborhood market'' concept that focuses on groceries but also includes general merchandise.

Either way, Wal-Mart could be occupying pricey real estate, with City Square set to rise only a block from the bay.

Miami City Commissioner Marc Sarnoff, who represents much of downtown, cringes at the thought of a ``Wal-Mart on the waterfront.''

Though it was Sarnoff's aide, Peter Ehrlich, who decribed the chain's customers as ''pickup truck'' drivers, Sarnoff denies cultural elitism is motivating his opposition.

''I've seen a lot of BMWs and Mercedes in the parking lot of Wal-Mart,'' Sarnoff said.

What you won't see, according to the commissioner, are a lot of people walking to the store -- making Wal-Mart a bad fit for the city's goal of building foot traffic downtown.

Sarnoff also cites Wal-Mart's heavy reliance on foreign-made products as another reason he won't be shopping there if the downtown location is indeed built.

''If we don't want to outsource our jobs, we should do a better job of buying American,'' Sarnoff said.

There have been other criticisms of Wal-Mart over the years. Among them: allegations the company underpays its workers, and the characterization of Wal-Mart as a retail bully.

The opening of a Wal-Mart, conventional wisdom goes, inevitably leads local, beloved mom-and-pop businesses to go under.

Wal-Mart has argued that it treats its workers better than other retailers. The company also launched small business outreach in some urban areas.

And a funny thing happened in recent months.

As the U.S. economy continued to tank, Wal-Mart's sales figures steadily rose.

The numbers provided a reminder of the increased buying power Wal-Mart gives the working class -- in hard times, a trip to Wal-Mart can be the only way for some to pay for life's basic necessities.

Drive inland from downtown's proposed Wal-Mart, just a mile or two, and it's easy to find Miamians living paycheck-to-paycheck.

Closer to the Wal-Mart site, though, are the condo dwellers, some of whom paid top dollar for their penthouse views.

Fred Joseph, who lives in The Grand condo tower down the block, has mixed feelings about Wal-Mart. He's fearful it will hurt property values, and so he doesn't want it to come.

Yet Joseph readily admits he'd shop there.

''I love Wal-Mart,'' Joseph said.

At minimum, Joseph says he hopes the developers find a way to make Wal-Mart attractive.

Ben Fernandez, an attorney with the development team, said he believes this store is ``going to be different''

''All of these big-box retailers are morphing in big cities, and catering to all walks of society,'' Fernandez said. ``You have Home Depot in Manhattan with a doorman.''

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Wal-Mart Knew of Labor Violations, Documents Show

By Mark Friedman,
Arkansas Business
July 28th, 2008                            [back to top]     

Wal-Mart managers were told in 2000 that employees were not taking breaks required under company policy and state laws, but ignored the findings of the company's own internal audit, court documents show.

"Stores were not in compliance with company and state regulations concerning the allotment of breaks and meals," said the report, referred to as the Shipley Audit. A judge said Wal-Mart's management, instead of responding to the audit's findings, "put their heads in the sand."

Wal-Mart Stores Inc. now faces more than 70 lawsuits across the country accusing the Bentonville retailer of failing to award rest or meal breaks to its employees or forcing employees to work off the clock without pay.

Since December 2005, Wal-Mart has lost all three of the wage and class-action lawsuits it has faced in courtrooms, with damages now totaling nearly $400 million. And the third case, which hasn't concluded, has the potential to reach $2 billion in damages.

In April 2009, three more wage and class-action lawsuits are scheduled to go to trial in courts in Missouri, South Carolina and Washington.

A review by Arkansas Business of court records from several of the lawsuits shows Wal-Mart had received complaints from employees and knew of managers' concerns that hourly employees weren't getting required breaks.

Plaintiffs' lawyers have used the Shipley Audit as a key piece of evidence against Wal-Mart. The attorneys argue that Wal-Mart regularly understaffed its stores and, to compensate for the labor shortage, made its employees work through their earned rest and lunch breaks to complete the assigned tasks.

Wal-Mart has denied the allegations of wrongdoing. Wal-Mart said in court filings that employees didn't miss breaks or meals, or if employees did miss breaks, they did so voluntarily for reasons unrelated to the demands of work.

"Our policy is to pay every associate for every hour worked and to make rest and meal breaks available for our associates," Daphne Moore, a Wal-Mart spokeswoman, said last week. "And any manager who violates either of these policies is subject to discipline - up to and including termination."

Moore didn't want to comment specifically about the facts in the cases because they are pending or on appeal.

In a class-action case in Minnesota, District Court Judge Robert King Jr., in a 151-page order released June 30, found that Wal-Mart breached its contract and violated state labor laws by not giving its employees breaks. He awarded the class of about 56,000 workers $6.5 million. (King's order is available here (5 MB).)

The next phase of that trial is scheduled to start Oct. 20. Wal-Mart faces a penalty of up to $1,000 on each of the 2 million state labor violations. Under Minnesota law, money assessed for the labor violation penalties goes to the state, not the class members. But punitive damages, or those imposed to punish the wrongdoer, will be decided during the trial and will go to the class if awarded.

"I don't know if it's going to be $2 billion," said Bill Sieben, a Minneapolis attorney who represented the employees in the Minnesota case. But, he said, even if the jury fines Wal-Mart only $100 per violation, "then it's a $200 million exposure. They've got a very serious risk of a huge verdict against them."

If Wal-Mart receives the maximum $2 billion in penalties, it would be almost 16 percent of its net income for the year ending Jan. 31. Wal-Mart reported record revenue of $378.8 billion and net income of $12.7 billion for its year ending Jan. 31.

"Payroll Pressure" Wal-Mart's managers throughout the country were under pressure to keep labor costs down.

Between September 1998 and January 2004, Wal-Mart attempted to control payroll costs by having managers stay at or below the previous year's wages as a percentage of sales in each of its stores, according to King's order.

"The importance of this wage percentage goal was communicated from the very highest levels of the company," King wrote in the order.

Regional, district and store-level managers who failed to meet Wal-Mart's expectations on payroll could be disciplined, King said.

King said that Wal-Mart should have known "this constant payroll pressure" could lead to understaffing a store, "which might in turn have made meal and rest break compliance more difficult."

Also, managers would receive bonuses based on profits of the store, said Justin Pearl, a Minnesota attorney who helped handle the case for the plaintiffs.

"But they wouldn't get paid or wouldn't get rewarded in any way, shape or form for making sure people were getting their breaks and meals," Pearl said. "That was just given very, very low priority. So what gets measured is what gets done."

Wal-Mart would survey its employees during what it called Grass Roots meetings. After such a meeting, store managers were supposed to talk about the results of the meeting and create an action plan.

"A major issue from Grass Roots was that our associates are not receiving scheduled breaks and lunches," said an Aug. 3, 1998, memo from Kendall Schwindt, a senior executive, to Wal-Mart's senior managers. "Not only is this against Company policy, it is also a violation of Federal law."

Wal-Mart then started studying the issue more closely in 1999 and 2000. A number of individual store audits showed that employees were being "denied large numbers of breaks," according to the brief by attorneys seeking class-action status in a Massachusetts court.

The Shipley Audit In 1999, a judge in Las Animas County District Court in Colorado approved class certification for Colorado Wal-Mart workers who charged they weren't getting paid for rest and meal breaks.

To see if employees were missing breaks, managers commissioned an audit, which would come to be called the Shipley Audit and which was conducted by Wal-Mart auditor Bret Shipley.

In June 2000, 128 Wal-Mart stores across the country were audited. Part of the audit called for a review of time clock records to determine if the stores were in compliance with company policy and government regulation.

On July 17, 2000, Wal-Mart's auditors issued its findings:

"Wal-Mart may face several adverse consequences as a result of staffing and scheduling not being prepared appropriately," the report said.

Wal-Mart's policy was to provide for two 15-minute paid rest breaks for every six hours worked. Wal-Mart's contract provided for an unpaid 30-minute meal break for every six hours worked.

Labor laws on work break time vary in each state, but most states require employees to receive a lunch break if they work more than seven hours a day.

Auditors found violations in 127 out of 128 stores studied during a one-week period, listing 15,705 "too few meals" and 60,767 "too few breaks."

The Shipley Audit also found extensive violations of child-labor laws. The allegations of child labor violations aren't a part of the class-action lawsuits. (The Shipley Audit is available here.)

More than 50 members of Wal-Mart's senior management team in Bentonville received the report, including Wal-Mart's then-president, Tom Coughlin, and Charlyn Jarrells Porter, a senior member of Wal-Mart's Human Resources Department and Policy Committee. (In an unrelated matter, Coughlin would later plead guilty in 2006 to wire fraud and tax evasion. He was sentenced to 27 months of home detention and ordered to pay $461,000 in fines and restitution.)

"Rather than addressing the audit methodology or the results, Wal-Mart executives chose to ignore the results, based, at least partially, on the rationale that exception reports were not accurate, and therefore the audits must be flawed," King said.

If an employee didn't clock out for a meal or rest break, the missed time would show up in an exception report. The discrepancies are supposed to be investigated before payroll is finalized, but weren't, plaintiffs' attorneys argue.

Wal-Mart downplayed the importance of the Shipley Audit and said the auditors failed to interview employees to find out the reasons for the missed breaks.

Wal-Mart argued that there were many exceptions contained in the reports and the exceptions were not necessarily policy violations. For example, Wal-Mart said, the employee could have voluntarily failed to take a break to leave early to care for a sick child.

"Piece of Evidence" Wal-Mart's management, however, decided to make a policy change regarding breaks.

On Sept. 29, 2000 - a little over two months after the Shipley Audit was released - Wal-Mart began discussing eliminating the policy of clocking in and out for breaks.

One note from the discussions about clocking in and out said: "Breaks - Piece of Evidence."

"No Wal-Mart witness took responsibility for writing these comments or shed any light on why they were written," King said. "Accordingly, the Court reads them at face value."

On Feb. 10, 2001, Wal-Mart changed its break and meal policy and stopped employees from recording their breaks by clocking in and out, leaving Wal-Mart without "a systematic method for determining whether employees were receiving their rest breaks," King said.

More Troubles In 2001, staffing problems continued at Wal-Mart stores, the plaintiffs' attorneys said.

The plaintiffs argued in the cases that the environment of chronic understaffing led to missed breaks.

Starting in 2002, Wal-Mart asked employees to agree or disagree with this statement: "Where I work, we have enough associates to get the work done."

In 2002 and 2003, more than half of all employees who responded said there weren't enough employees to get the work done.

The plaintiffs' attorneys argued that the high negative responses indicate a "serious and chronic staffing shortage that Wal-Mart's managers allowed to persist."

King found, though, that it is "typical human behavior to complain about the amount of work one has to do, and that one does not have enough help."

Still, "the Court does find that the high rate of negative responses should have alerted Wal-Mart of a potential problem," King said.

By 2003, lawsuits against Wal-Mart were starting to pile up.

In 2004, the Colorado wage-and-hour lawsuit settled for $50 million, published reports said.

Other class-action cases across the country were making their way toward juries. The first verdict against Wal-Mart came in December 2005. A California jury awarded Wal-Mart employees $172 million in damages because they weren't provided breaks required under California law. The judgment was the 10th-largest verdict in 2005 according to The National Law Journal. The judge in the case later tacked on another $26 million to cover costs and attorneys' fees.

In 2006, Wal-Mart faced another jury in Philadelphia, where Wal-Mart employees also said they weren't paid for their breaks.

While the jury found in favor of Wal-Mart on the plaintiffs' meal-period claims, the jury found the employees worked off the clock and missed rest breaks. The jury awarded the workers $78 million for back pay. The judge increased the judgment to $188 million to cover the costs of other damages and court costs and attorneys' fees.

Wal-Mart has appealed both rulings.

Wal-Mart "believes it has substantial factual and legal defenses to the claims at issue," the company said in its 2008 annual report.

Violations "Pretty Obvious" One law professor who has been following the Wal-Mart cases said the chances of winning on appeal are possible, but not probable.

"My sense is the violations alleged seem to be pretty obvious to the jury," said Carl Tobias, a professor at the University of Richmond School of Law in Virginia. "I think it's unlikely that they would be overturned on appeal, but it could happen."

Still, it could take years before the cases play themselves out, he said.

Most states have two levels of appeals, a state court of appeals and then a state Supreme Court, which the cases could go through.

"At some point, maybe Wal-Mart will decide not to fight them, but settle," Tobias said. "Even that would be a lot of money. And then you've got to be willing to do it."

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Voters to get initiative against Wal-Mart

By Kevin Clerici,
Ventura County Star
July 28th, 2008                            [back to top]     

Backers of an initiative aimed at blocking Wal-Mart or a large grocery store from opening in Ventura say they have collected enough signatures to put it before voters, and they have instructed supporters to stop gathering more to avoid a costly special election.

"We were told a special election could be as much as $400,000 and we thought, Whoa, that's not good government,'" said Ed Lacey, a local attorney and spokesman for Livable Ventura, one of half a dozen citizen and union groups backing the measure. "We don't want to put the city and taxpayers in that spot."

The initiative would keep the world's largest retailer from opening in Ventura by banning any new store selling groceries that is larger than 90,000 square feet.

Big grocers could face special conditions if they decided to move into an existing but vacant store.

Proponents, who filed initiative papers in January, initially set their sights on the Nov. 4 election, hoping to strike before Wal-Mart tries to replace a shuttered Kmart on Victoria Avenue with a store of its own.

But a tight timeline — they needed 8,903 verified signatures by May — proved too demanding.

Relying on volunteers and paid gatherers, proponents say they now have collected more than 10,000 signatures, although some likely will be disqualified because they do not belong to registered voters in Ventura.

Supporters, however, are confident that they have more than the 5,936 signatures, or 10 percent of Ventura registered voters, needed to qualify for the next regular city election in November 2009.

That ballot will feature races for four seats on the City Council, among other items, at an estimated cost of $125,000 because expenses are shared with the county, City Clerk Mabi Plisky said.

If supporters collected and submitted signatures from 15 percent of registered voters, the city could be required to hold a special election.

That could cost $300,000, not counting necessary staff time, Plisky said.

A Wal-Mart spokesman called the effort disappointing and said the company's three other stores in the county — a Wal-Mart and Sam's Club in Oxnard and a Wal-Mart in Simi Valley — had more than 4 million visitors last year and generated some $1.8 million in sales tax revenues for those communities.

Time to raise more money

The initiative's authors cast Wal-Mart as a "behemoth" with "predatory practices," and worry that it would hurt local businesses, add low-wage jobs in a community without affordable housing, worsen traffic and alter Ventura's reputation as a quaint beach town.

Proponents have instructed volunteers to stop all signature gathering this week. They plan to submit the signatures next week.

Waiting until next year's election allows supporters to raise more money, add to their army of volunteers and expand their education efforts, including more door-to-door campaigning, supporters said.

Forcing taxpayers to spend $300,000 for a special election also could embolden their critics, who point to the potential windfall of sales tax revenue from a Wal-Mart store and the potential chilling effect that the measure could have on attracting other businesses.

"We don't want Ventura to have less (city) services because we forced a special election," supporter Das Williams said.

Coalition support

The initiative specifically targets large grocery stores but not all big-box outlets. Lacey said it would not ban a large electronics store like Fry's or Best Buy, or a department store.

The coalition supporting the measure includes the Tri-Counties Labor Foundation, United Food and Commercial Workers, the Stop Ventura Wal-Mart Coalition, Livable Ventura, Ventura County Working People's Alliance and the Central Coast Alliance United for a Sustainable Economy.

The Ventura City Council voted in January to limit the size of multistory stores at the Kmart site and along Victoria Avenue to 100,000 square feet, despite pleas by the coalition to lower the number to 90,000 square feet.

Nontaxable grocery items

The proposed initiative would prohibit any new "super store" greater than 90,000 square feet that devotes more than 3 percent of its sales floor to nontaxable grocery items.

Companies wanting to use existing stores such as the Kmart site also could face greater scrutiny and possible conditions if it's proven that the new store would pay low wages, increase demand for affordable housing, add traffic and negatively affect other businesses.

Wal-Mart has not filed a formal application to replace the Kmart building, which it controls, but presented a conceptual plan to build a 150,000-square-foot store with groceries when it last met with city leaders.

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Wal-Mart's ripple effects felt

By HANK DANISZEWSKI ,
London Free Press
July 26th, 2008                            [back to top]     

David Heap reaches into the murky water with a stick and retrieves a plastic shopping bag.

"There it is -- Wal-Mart," holding up the distinctive logo of the retail giant.

It's just some of junk that folks from the London Coalition for Sustainable Cities have pulled out of a drainage pond behind a huge big box complex at Hyde Park and Fanshawe Park Roads operated by Toronto-based SmartCentres.

Heap said it's proof the developer shouldn't be trusted to build a similar retail complex at Highbury Avenue and Commissioners Road near the environmentally sensitive Meadowlily Woods. He said the proximity to the woods and the Thames River makes that project even more risky.

"If this is the job they are doing here, why would anyone trust them to do anything go there?" said Heap.

A spokesperson for SmartCentres couldn't be reached for comment.

At a community meeting earlier this month, Heap said a SmartCentres representative touted the Fanshawe Park and Hyde Park retail area as an environmentally responsible project. A drainage pond was created to handle the run off from hectares of parking lot surrounding stores

When Sustainable Cities Coalition checked the stagnant pond, they found the perimeter was choked with algae and a variety of junk including half a dozen old tires, a shopping cart, plastic bags, bottles, oil containers, and fast food wrappers.

The biggest object was a large plastic shipping pallet bearing the Wal-Mart name.

"SmartCentres said they are a responsible landlord and they make sure their business tenants take care of the environment, but the fact is there is a lot of trash and contamination here," said Heap.

Coalition member Cory Morningstar said some of the garbage may have dropped out of the bins at the rear of the property and been blown into the pond.

She said wildlife is trying to move into the drainage pond. Families of ducks and cranes have been spotted. But they might not be doing well because some dead fish have turned up with the garbage.

The next community meeting is scheduled for Tuesday at 7 p.m. at Summerside Community Church.

Nursery and Wal-Mart in salty dispute

By David W. Jones ,
Panama City News-Herald
July 26th, 2008                                   [back to top]    

Roemer Nursery is seeing so many of its plants dying that the Madison Township business might have to close.

And it's blaming nearby Wal-Mart for the predicament.

In a statement, Roemer's owners say snow-melting salt sold at the store is destroying its plants, a claim that Wal-Mart and some Lake County officials dispute.

"We believe it is Wal-Mart's contamination of the groundwater with salt that has rendered our main watering pond unusable," nursery Vice President Lisa Ungers said.

"This could close an icon of a nursery in Lake County that has been operating here for 50 years." Agreeing with her are Randy Zondag, who is Ohio State University's commercial horticulture extension director for Lake County, and Philip H. DeGroot, a nursery-hired hydrologist and environmental consultant.

The two experts cited high levels of salt in a nearby water-supply pond.

"This (plant) loss is 50 percent or higher in the last two years while plant materials less sensitive to salt have not shown the same injury," Zondag wrote. The supermarket is not at fault, said Ron Mosby, Wal-Mart's Ohio senior manager of public affairs, who also received a letter from Roemer.

"Information I have received indicates that the causes or cause of conditions stated in property owner's letter could have come from a variety of sources - none of which are directly related to Wal-Mart."

Kleenco Maintenance/Construction, working for Wal-Mart, said it sampled groundwater in February and found a chemical of more concern than salt.

"Arsenic was detected above the established maximum cleanup level," Kleenco wrote.

The county Storm and Water Conservation District said arsenic should be checked in any new analysis. The district said it anticipated no flow from Wal-Mart toward the nursery.

"Therefore, no impact at Roemer Nursery is anticipated," the district wrote.

In 2005, the Madison Township Zoning Commission raised initial questions about checking salt flow because of the large parking areas.

However, county Commissioner Raymond E. Sines and county Administrator Kenneth R. Gauntner said any saline pollution also could have come from road salt from the recently developed area of U.S. Route 20 and Green Road near Wal-Mart.

Troy, Gauntner, county Engineer James R. Gills and the county Health Department's Laura Kramer Kuns believe high salt levels are a normal occurrence each spring, according to a report by Nursery Growers of Lake County Ohio Inc. In a memo, Nursery Growers' Mark Gilson wondered if pond pollution could affect many eastern Lake County nurseries.

"This type of problem weakens owner commitment," he wrote. "We're looking at 'nursery survival' and 'nursery preservation.' "

A U.S. Environmental Protection Agency report says pond pollution is a major result of snowplowing and using salt in roadwork in newly developed areas.

But at Roemer, a wholesale business that sells to garden centers and landscapers, Ungers said she still has some doubts. "Route 20 and Green Road have always been salted. But we've never had salt problems until Wal-Mart opened last year," she said.

"And, in particular, we at first lost 2,200 rhododendrons, which was a $52,800 loss. Next, we're afraid it will be our holly, boxwood, junipers, weeping cherries and everything."

She said the nursery's annual sales are between $800,000 and $1 million in a business employing nine full-time, year-round employees and 20 full-time employees in season. Many have worked there 25 years.

County officials have suggested getting more study results from a state agency like the EPA and tapping into county water. Ungers said that could cost almost $2,000 a week for the 400,000 gallons of water needed to irrigate nursery grounds. Or it could cost $160,000 for a new "drip irrigation."

Kuns, who is the Health Department's liquor, solid waste and water supply supervisor, said "additional data" is needed to see what might be done next.

In a written report, Kuns recommended the nursery consult with a plant pathologist to determine if there are other materials in the water affecting the plants.

Kuns also suggested that the nursery get its irrigation pond water analyzed by a laboratory.

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Wal-Mart signs pay deals with unions in China

By Tom Mitchell ,
Financial Times
July 25th, 2008                         [back to top]    

Wal-Mart, the US retail group known for fending off organised labour in its home market, has completed collective bargaining agreements with unions in two Chinese cities.

The agreements reached with government-approved unions in Shenyang and Quanzhou come less than two years after the official All China Federation of Trade Unions (ACFTU) launched a high-profile campaign to organise workers, and mark a new chapter in the development of China's labour movement.

The agreement in Shenyang locks in an 8 per cent pay rise both this year and next for Wal-Mart employees, the company and the unions said yesterday. By comparison, the average hourly wage in Wal-Mart's US stores, which are not unionised, has risen 12 per cent since January 2005, from $9.68 to $10.86.

Employees in Quanzhou, who formed the first Wal-Mart union in August 2006, secured a similar increase in an agreement signed on Wednesday. More than 48,500 people work at 105 Wal-Mart stores across China. All have been unionised over the past two years and their representatives are negotiating collective contracts with management.

"Shenyang was the first and Quanzhou was signed [on Wednesday]," Wal-Mart said. "By law [collective bargaining] is required and we respect the law wherever we operate."

Wal-Mart, the world's largest retailer, for years successfully resisted the ACFTU's attempts to unionise its China operations. With that battle finally won by the ACFTU two years ago in Quanzhou, the union's focus is turning to collective bargaining with management as required by a new labour contract law introduced in January.

Fu Furong, chairman of the ACFTU's Quanzhou branch, said Wal-Mart employees first approached company management to negotiate a collective contract in April 2007.

"Negotiations went slowly because everything had to be approved by Wal-Mart headquarters," Mr Fu said. "But the process was quite smooth. It does not compare to the effort involved in establishing the first Wal-Mart union two years ago."

Activists view official endorsement of collective bargaining as astep forward in the development of the country's labour movement. The government still frowns on strikes and the establishment of unions independent of the ACFTU remains illegal.

"Bargaining doesn't make sense without the right to strike," said Han Dongfang, Hong Kong-based director of the China Labour Bulletin. "The development of any country's labour movement never happens all at once. The movement needs to push the legal system to develop." Mr Han was jailed and later exiled for his attempts to form an independent union in China during the Tiananmen Square protests of 1989.

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City Council to consider "super store" ban

By Jesse B. Gill,
Contra Costa Times
July 24th, 2008                             [back to top]   

The proposal for a flat-out ban on having Kmart, Wal-Mart or other so-called "Super Stores" in Alameda now is set to go before the City Council after bouncing from the Planning Board to the Economic Development Commission.

The idea behind the ban would be to protect local merchants while sending a message to large retailers which have come under fire for offering workers low wages and few benefits that the city wants to promote good jobs.

"We don't have any real prospect of dealing with a Wal-Mart or something like that," Mayor Beverly Johnson said Thursday. "But I do think it's good that we have something in place that will set out our policy."

The proposal calls for amending the Alameda Municipal Code so that a retail store more than 90,000 square feet in size and with more than 10 percent of its floor dedicated to the sale of non-taxable items could not open here.

Oakland, Dublin, Martinez and other cities have similar bans.

The council is expected to consider the issue Aug. 19.

The Planning Board rejected the amendment when it looked at the proposal in June, maintaining the ban could send a message that the city frowns on business and saying officials should instead consider stores on a case-by-case basis.

The board voted unanimously to affirm a current policy that allows the city to nix any store larger than 30,000 square feet if officials think it would hurt the community.

The Economic Development Commission also rejected the ban earlier this month.

The proposal to prohibit "Super Stores" comes as the city wrestles with budget woes the council approved more than $4 million in cuts in February, plus the city faces a projected $5 million shortfall during fiscal 2008-2009.

But the idea that the city could get a financial boost from the jobs and sales tax money generated by large retailers is not a reason to back away from considering the ban, City Councilmember Doug deHaan said.

"Big box stores are not locally owned," deHaan said. "We're basically sending our money off to Arkansas or some place else. That's not something we necessarily want to do."

Along with sometimes undercutting local merchants, large retailers can carry hidden costs to a city, such as for road maintenance through increased traffic, deHaan said.

"You want to have a diverse tax base," he said, adding that city leaders need to look at how big box stores would affect merchants on Park Street or the revitalization of Webster Street.

Ironically, the ban would not apply to Alameda Landing the former U.S. Navy property where a developer is now negotiating to bring in a Target store or to Harbor Bay Isle because both sites are protected by a development agreement that limits the city's ability to impose zoning regulations.

A developer of the former Del Monte warehouse on Buena Vista Avenue also could sidestep the ban because multiple tenants could occupy the 250,000-square-foot building, with none exceeding 90,000 square feet, but with each still offering more than 10 percent of merchandise that's non-taxable, according to a report from Andrew Thomas, city planning services manager.

Johnson said she supports the amendment. But she also says the council must secure a retail balance within the city.

"Some 'Mom and Pop' stores are good, but many do not offer medical coverage to their employees, or paid vacations or even sick leave," she said. "We need to have a mix of businesses."

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Judge hears Tumwater Wal-Mart appeal

By Keri Brenner ,
The Olympian
July 23rd, 2008                              [back to top]   

The 4-year legal fight over Wal-Mart's plans to build a 187,000-square-foot store in Tumwater arrived at a Thurston County courtroom Tuesday.

Superior Court Judge Christine Pomeroy heard arguments for and against building the store at a 20.7-acre tract at 5900 Littlerock Road S.W. Pomeroy said she would issue a decision later.

The hearing was on an appeal from the citizens group Tumwater Liveable Community and the United Food and Commercial Workers Union Local 367. The two groups are appealing a Feb. 5 Tumwater City Council decision that upholds a Dec. 19 ruling by a city hearing examiner. The examiner, after three days of testimony last year, upheld the city's approval of the Wal-Mart site plan and its environmental review.

On Tuesday, Seattle attorney Claudia Newman, representing Tumwater Liveable Community and the union, said one of the key arguments was that the city erred in granting Wal-Mart a waiver for its tree retention law. The ordinance requires developers to retain 20 percent of trees, or 12 trees per acre, whichever is greater.

The Wal-Mart project would require more than 240 trees to be saved under those guidelines, but the city is allowing the store to save less than 100, Newman said.

She said the city failed to meet the burden of proof necessary to grant the waiver.

Olympia attorney Jeff Myers, representing Tumwater, and Seattle attorney Charles Maduell, representing Wal-Mart, said the store already has reduced its proposed size by more than 20,000 square feet and had eliminated plans for a fuel station. Wal-Mart also is complying with the city's directive to replant the removed trees at a rate of three new trees for each one taken out.

Wal-Mart submitted its application Dec. 7, 2004, just hours before the City Council adopted a moratorium banning big-box stores in the city. The moratorium was lifted in 2006, but Newman said the original application was incomplete and thus not vested before the moratorium took effect.

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As Mayor, Anthony Weiner Won't Open NYC to Wal-Mart

By John Del Signore,
The Gothamist
July 22nd, 2008                              [back to top]   

At a breakfast forum this morning, Representative Anthony Weiner – a likely mayoral candidate – handed out a 5,000 word manifesto about how he would keep the city affordable for the middle class. The Sun has it that Weiner also used his half-hour speech to criticize the proliferation of big-box chains in New York, wondering, “What is the value of having a Wal-Mart on Queens Boulevard that wipes out economic development on the rest of Queens Boulevard. What is the value of saving 15 or 20% on that pair of jeans, in terms of creating jobs for the rest of Queens?” But the congressman also stressed that he's a "middle-class New Yorker.” And later: “I’m cheap.”

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Wal-Mart's Reputation Problems Continue

By Wal-Mart Watch,
PR Newswire
July 21st, 2008                            [back to top]  

Wal-Mart's sales are improving, but different measures of public opinion indicate that the company's reputation continues to decline -primarily because of the company's poor business practices. Wal-Mart's reputation remains the biggest obstacle to the company's long-term growth potential.

Wal-Mart is already the largest corporation in the world, with more than two million employees. In order to further increase sales the company must either sell more products to existing customers or identify new ones. Wal-Mart's reputation affects both its ability to reach new shoppers and to build new stores.

"There's no doubt that Wal-Mart is profiting from the economic downturn and cash-strapped consumers," said David Nassar, Wal-Mart Watch Executive Director. "But, recent public opinion surveys indicate that although people are shopping there, they aren't happy about it because they are still concerned about Wal-Mart's poor business practices."

In the past two weeks alone, Wal-Mart received failing marks on two different scales of corporate trustworthiness and likeability. The two surveys - from Harris Interactive and the Reputation Institute - indicate shoppers don't trust Wal-Mart, in spite of the retailer's massive marketing overhaul. These results support Wal-Mart Watch's fall 2007 public opinion poll findings.

The Harris Interactive survey found that shoppers consider a company's labor practices above all other social responsibility issues. Considering that Wal-Mart has done little to improve working conditions in its U.S. stores, refuses to raise wages and continues to provide a substandard health care plan for its employees, it is not surprising the retailer ranked so low on Harris' list.

Meanwhile, the Reputation Institute ranked the 150 largest U.S. companies based on "the overall trust, esteem, admiration and good feelings consumers have toward them." Wal-Mart, long known for damaging communities, sourcing from sweatshops and discriminating against female employees, came in at number 136 out of 150 companies, dropping 76 places from number 57 in 2007. Wal-Mart was joined in the bottom 15 by several oil companies and defense contractors, including Halliburton.

High profile cases also continue to draw negative attention and damage the company's reputation. In March, for example, Wal-Mart's unconscionable treatment of former employee Debbie Shank sparked national outrage and earned the company Keith Olbermann's "Worst Person in the World" designation for three nights in a row on MSNBC's Countdown. Just two weeks ago, Wal-Mart made headlines again for violating labor laws two million times in Minnesota, and faces up to $2 billion in damages.

"So despite the millions of dollars Wal-Mart spends to improve its image, these negative public opinion surveys and headlines combined with opposition to new Wal-Mart stores in communities across the country clearly show that Wal-Mart's reputation problems are not resolved," said Nassar.

"If Wal-Mart wants to retain shoppers after the economy improves, it will need more than a new logo or advertising campaign. The company needs to change its business practices; it can start by treating its employees fairly, paying higher wages and providing adequate health care plans."

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Sam's Club seeks college students as members

Associated Press
07.21.08                                      [back to top]  

BENTONVILLE, Ark. - Sam's Club warehouse stores announced a new pitch Monday designed to sign college students as members during the back-to-school shopping season.

A regular individual membership card at Sam's Club costs $40. Students who can show a valid ID and a college e-mail address still pay $40 for the membership, but it includes a $15 gift card. The student membership also comes with a free add-on card, with the idea that it can be shared with a roommate.

Sam's Club, which is owned by Wal-Mart Stores Inc. (nyse: WMT - news - people ), is emphasizing its selection in dorm room furnishings, food, appliances and electronics.

Copyright 2008 Associated Press. All rights reserved.

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Obama, McCain, Sure...But Real Debate At NAACP Was About Wal-Mart

By Al Norman,
Huffington Post
July 19th, 2008                             [back to top]  

More than 1,300 delegates to the National Association for the Advancement of Colored People (NAACP) Convention were warmed up by Barak Obama and John McCain speeches---but the real heat in Cincinnati came during a debate over Wal-Mart.

During 5 days of conventioneering, the delegates took up 45 resolutions---one of the most contentious being the business practices of the World's Largest Retailer.

On the Convention floor, NAACP Resolution #14 read:

"Oppose Wal-mart and Other Retailers Unfair Labor PracticesResolved: That the NAACP will challenge Wal-Mart and other retailers to overcome any of their practices that are inconsistent with the highest standards of Labor and Civil Rights, to ensure equal opportunity and equal pay for Women, people of color and other minorities, and work with local communities to effectively address Wal-Mart's and other retailers negative impact on issues like the environment and local businesses, and establish a 'Buy American' program that annually increases the percentage of 'Made in America' goods purchased by Wal-Mart and Other retailers to help protect American Jobs."

According to press accounts of the debate, NAACP delegates struggled for over an hour, only to reach an impasse on whether to single out Wal-Mart as an employer that steps on the labor and civil rights of black workers. The backdrop for this resolution is the super-sized class action lawsuit Dukes v. Wal-Mart, which is still pending after 7 years in U.S. District Court for the Northern District of California. Dukes charges that Wal-Mart engaged in a pattern of discrimination against women in promotions, pay, training and job assignments. Dukes involves 1.6 million present and former female Wal-Mart workers. The lead plaintiff is a 55 year old black woman named Betty Dukes.

Despite this history, some delegates at the NAACP Convention felt that the resolution was unfair to Wal-Mart. "Is Wal-Mart the only sinner? No. Is labor all that clean? No. [Let's] not engage in selective morality on issues of justice," one delegate was quoted as saying by the Afro-American Newspaper. A representative from the Michigan delegation, which wrote the resolution, replied: "We can name all the retailers but it will be a very long bill. It will also mean that we'll have to be ever-vigilant with all of these retailers and stop shucking and jiving."

The resolution must have put some NAACP members in a tough spot. Wal-Mart is a big contributor to many NAACP chapters. Such donations are what industry consultants call "cause-related marketing."

The debate over Wal-Mart's labor practices came on the heels of a press conference at the NAACP Convention, spotlighting the group's "Economic Reciprocity Initiative" (ERI), an annual report that grades corporate America's relationship with the black community. Dennis Hayes, the NAACP's interim president, told the Afro newspaper, "Wal-Mart is doing better than people understand. That's a challenge for Wal-Mart--to let people know."

In releasing the ERI study, Hayes told reporters, "Corporations spend millions of dollars each year purchasing goods and services. We believe that corporations should make a greater effort to include African-American vendors when acquiring goods and services. Our community wields a substantial block of economic power. African-Americans want to experience a return on their consumer investment and challenge those who are taking their dollars for granted." The NAACP estimates that blacks put 700 billion dollars into the American economy.

Despite the rancor expressed over Wal-Mart by his own members on the floor of the Convention, Hayes made it sound as if Wal-Mart's labor problems were all in the past. "Wal-Mart was a company that gave us some concern in earlier years, and we are happy that they have been working to show and reflect that they also value consumer dollars and care about diversity," Hayes said.

The NAACP President said the ERI report card was not meant to point fingers at any corporation, or to find blame. But this year's evaluation of retailers made Wal-Mart simply look like the best of the worst. In its write up, the NAACP quoted Wal-Mart as asserting that "Diversity is a way of life at Wal-Mart. The dedication to diversity extends from the company's board of directors and associates to its suppliers and customers." Wal-Mart officials have strategically embedded themselves on the boards of groups like the United Negro College Fund, and the National Urban League.

But above all, Wal-Mart has been buying influence in the black community. In 2006, for example, Wal-Mart gave a $1 million grant to the Congressional Black Caucus Foundation, $1 million to the Dr. Martin Luther King, Jr. National Memorial Project in Washington, D.C., and donations to local NAACP chapters across the nation.

Wal-Mart's overall grades from the NAACP were nothing to write home about. The ERI report gave Wal-Mart a B- for its employment of black people, a C for its advertising buys in the black media, a D+ for its diversity program with suppliers, a B for its community investments. The only area where Wal-Mart scored well as an A for charitable giving to African American groups. The company's overall final grade was a C+.

The NAACP study only sampled 8 retailers, half of whom (JC Penney's, Sears, Target and Dillard's) refused to participate. Only 4 retailers competed in the study: Wal-Mart, Macy's, Kohl's and Nordstrom. The latter two had a D grade overall. In a footnote, the NAACP explains that Target has agreed to participate in the 2009 survey.

None of the retailers shined in this NAACP report. Wal-Mart's overall score was saved only by its checkbook donations to black groups. Given the Arkansas retailer's track record on labor rights, equal pay, the environment, and 'Buy China' sourcing---plus the fact that 1,300 NAACP delegates consumed nearly an hour debating its corporate transgressions---Wal-Mart should be thankful it emerged with a C+. But no retailer's made the Dean's List. NAACP President Dennis Hayes might have a tough sell convincing plaintiff Betty Dukes that Wal-Mart "cares about diversity."

Throughout this process, and during Convention Resolutions, was the NAACP engaging in a little "selective morality" of its own? As one NAACP delegate told the Afro newspaper: "If we can take their money, then what the heck are we doing? By taking monies we are sending a message that we're talking the talk, but not walking the walk."

Al Norman is the founder of Sprawl-Busters. Forbes Magazine has called him the "Giant Slayer" for his work against big box retailers.

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Neighborhood group filing formal opposition to Cordova Wal-Mart

By Einat Paz-Frankel ,
Memphis Business Journal
July 18th, 2008                                     [back to top]  

The Gray's Creek Association will file July 21 an official letter appealing Land Use Control Board's July 10 approval of a new Wal-Mart Stores Inc. supercenter at the corner of Houston Levee and Macon Road, Gray's Creek's Jimmy Reed said Friday.

The Memphis and Shelby County Land Use Control Board approved Wal-Mart's proposal to build a 152,000-square-foot store last week, only days after the Office of Planning and Development issued a staff report recommending to reject the project.

Also, Gray's Creek will join the Cordova Leadership Council in a rally protesting the proposed Wal-Mart store. The rally will be held July 22 at 6 p.m. at the Memphis Area Home Builders Association, 776 N. Germantown Parkway.

The rally will follow a Cordova community meeting that will discuss the opposition to Wal-Mart (NYSE: WMT) and to sexually oriented businesses in the community.

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Bad news a boon for Wal-Mart

By SHIRLEY WON,
Report on Business
July 16th, 2008                               [back to top]  

Cheap is chic again.

Shares of Wal-Mart Stores Inc. have surged on the back of a slowing U.S. economy after languishing in the bargain bin for several years.

Cash-strapped consumers squeezed by higher fuel and food prices have flocked to the discount retail giant's U.S. stores. Tax rebate cheques aimed at stimulating the economy have also boosted sales.

While its stock has gained 16.6 per cent over the past year, including dividends, some market watchers argue it's still worth adding Wal-Mart to your investment shopping cart. Yesterday, its shares closed down 7 cents (U.S.) at $56.24 on the New York Stock Exchange.

"Their everyday lowest price offering has become really timely right now," said the analyst for the U.S. Sovereign Investors Fund, which holds 260,000 Wal-Mart shares.

Wal-Mart is regaining some customers who left to shop at discount rivals such as Costco or Target because of a "perception of lower quality or [Wal-Mart being] not the place to go," Ms. Henry said.

"Sometimes it's just that the brand loses its attractive quality, and I think that is what happened to Wal-Mart."

The retailer should be able to retain many consumers because it has been implementing a three-year plan since 2006 to rejuvenate its brand and make its stores more attractive, she said. "I think the stock can go to the mid-$60s over the next 12 months."

The Bentonville, Ark.-based retailer has three divisions: U.S.-based Wal-Mart Stores; Sam's Club; and its international division, which has stores in Canada, China, Britain and Brazil, among other countries.

U.S. same-stores sales for June, which were released last Thursday, indicated a 5.8-per-cent year-over-year gain. That number, which excludes gas stations, was well above company guidance calling for a 2-per-cent to 4-per-cent increase.

For the first time in more than two years, Wal-Mart also had positive growth in six of its merchandise units, including apparel. And it raised second-quarter profit guidance to a range of 82 cents to 84 cents a share from 78 to 81 cents.

"For the third month in a row, Wal-Mart surprised to the upside," Deutsche Bank analyst Bill Dreher said in a note to clients. "The rebate cheques appear to be benefiting the discounters and clubs more so than the more discretionary department stores."

While one might suggest Wal-Mart is lucky because of its value niche in a tough economic environment, Mr. Dreher argues the retailer has also become "an increasingly sharp operator."

Wal-Mart has "managed inventory well," while global sourcing has allowed the company to maintain low prices, said Mr. Dreher, who has a "buy" rating on Wal-Mart with a one-year target of $65.

Acknowledging his thesis won't be tested until the economy improves, Mr. Dreher said it will also depend on whether Wal-Mart can increase apparel sales and introduce new brands that boost its bottom line.

Twenty analysts reporting this year, meanwhile, have a "buy" on Wal-Mart, while five rate its stock a "hold" and one a "sell," according to Bloomberg. Targets range from $54 to $72 a share.

Wal-Mart should benefit as consumers feel increased pressure from the U.S. housing slump and credit crunch.

Trading down by middle-income consumers to save money appears to be in full force, Mark Miller, an analyst at William Blair & Co. LLC, said in a report. "Wal-Mart remains our top recommendation" among the discount retailers, he said.

"This trading down has accelerated in recent months," said Mr. Miller, who has a "outperform" rating on Wal-Mart stock. "We believe market share gains by Wal-Mart and other value retailers could be sustained for a longer period than during/after the 2001 recession."

Some key risks to Wal-Mart stock include rising expenses, such as gasoline costs for trucks, and eventual institutional investor rotation toward more cyclical retailers upon an improvement in the economy.

"The risk is that people rotate out of Wal-Mart having made all their money, presumably to take bets on the Best Buys and Tiffanys of this world," Ms. Henry said.

***

By the numbers

Fiscal 2007 revenue: $345-billion (U.S.)

Fiscal 2007 profit: $11.3-billion

Market capitalization: $221.8-billion

Initial public offering in 1970: $16.50 a share

Two-for-one stock splits: 11

Record high, adjusted for splits (1999): $69.44

52-week high: $59.95

52-week low: $42.09

Dividend yield: 1.7 per cent

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SUISUN CITY: JUDGE ALLOWS LIMITED RECALL PETITION ACTIVITY AT SHOPPING CENTER

Associated Press
Tue, 15 Jul 2008                                   [back to top]  

SUISUN CITY (BCN) Backers of a movement to recall Suisun CITY Mayor Pete Sanchez and two council members will be allowed to collect petition signatures at two locations of the Heritage Shopping Center, a Solano County Superior Court judge ruled today. Mark Merin, attorney for the recall group Save Our Suisun, said Judge Paul Beeman agreed the shopping center is a quasi-public forum for the expression of free speech and ruled the petitioners can collect signatures in the monument area of the mall and at the Ace Hardware store. "Both sides will agree to a stipulated order," Merin said. Save Our Suisun is still appealing the judge's earlier decision prohibiting the petitioners from collecting signatures in front of the Raley's supermarket, Merin said. Merin called the judge's ruling "a limited victory" because the judge recognized the shopping center as a quasi-public forum. Petitioners, however, will not be able to freely roam through the shopping center gathering petitions, Merin said. Petitioners will be able to collect signatures at the two locations six hours a day, six days a week, Merin said. Another hearing on the issue is scheduled for Aug. 1, Merin said. Linda Ward, the attorney for the shopping center was not immediately available for comment. The Heritage Shopping Center's owner asked the court for a temporary restraining order prohibiting the group from gathering the signatures on private property. The Save Our Suisun group wants to recall Sanchez and council members Jane Day and Michael Hudson. The group claims they have risked the public's safety by approving a 227,000-square-foot Wal-Mart SuperCenter on 21 acres at state Highway 12 and Walters Road near Travis Air Force Base over the objections of public safety experts, including the county's Airport Land Use Commission and the California Department of Transportation. Merin said the California Supreme Court ruled in 1979 that the PruneYard shopping center in San Jose was obligated to allow free expressive speech even on its private property and must yield to the public interest. He said Suisun City has no central downtown and that malls have become the new public market places in many communities. Save Our Suisun is already appealing the court ruling that prohibited signature gathering outside Rayley's, Merin said. "This is a very significant question for all free speech activity. This (the mall) is the preferred venue," Merin said. Save Our Suisun has until Aug. 8 to gather enough signatures to put the recall measure on the Nov. 4 ballot.

© 2007 The Associated Press. All Rights Reserved.

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UPDATE: Walmart Refuses To Pay For Engine Damage Caused By Their Faulty Oil Change

By Jay Slatkin,
The Consumerist
July 14th, 2008                              [back to top]  

Last Friday, we told you about Ashlee from Paonia, Colorado who took her Saturn to a Walmart Auto Service Center in the city of Delta for an oil change. Because they botched the job, the oil leaked out which resulted in extensive engine damage to the tune of $5,875. Since then, she spoke to a representative from Walmart's insurance company who said that they won't pay for the repairs, because when Ashlee discovered the damage, she took her car to a non-Walmart mechanic, and in doing so has "tampered with evidence." Not to be trifled with, Ashlee is gathering evidence and witnesses and hiring a lawyer. Ashlee's, letter inside...

"Hey, it’s Ashlee again. You can add to that story that the insurance company for Wal-mart has just called me to say they are not doing anything about it because I took it to a mechanic first, instead of going to Wal-mart… because this process “tampered with evidence.” Don’t you think any normal person would take a sick vehicle to the closest mechanic to try and get help?

Also, Wal-mart sent an older gentleman with a ponytail, and an unprofessional demeanor to the GMC dealership (where the car is supposed to be getting fixed) to assess the damage. He said he found no oil anywhere, no problems, and the engine ran great when he turned the car on. So I called the manager at the GMC dealership who immediately went out to look at the car himself…. He found “oil everywhere” and he heard severe “rod-knocking” when the engine was running, which he says is a sign of a serious engine problem. He seemed appalled at this, too—just as much as I was! Wal-mart killed my car, then denied it, and now I am hiring a lawyer. I have plenty of picture evidence, and plenty of witness accounts. And as for the condescending insurance rep that snickered at me over the phone when we asked for my date of birth, this is not the last time you will hear from this little 22 year old."

They won't pay because you decided to take your damaged Saturn to a non-Walmart mechanic? This is typical insurance company bullshit. What do you think would have happened if you had taken it to a Walmart mechanic? They have would denied everything and blamed it on something else—it's simply a catch-22. It sounds like you are handling the situation correctly so far. Make sure you gather and record every bit of information you can, doing so will provide your lawyer with the proper ammunition to fight your case. Hang in there, Ashlee and keep us updated.

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Jury awards Fort Myers woman $1 million for injury at Wal-Mart

news-press.com
July 14th, 2008                       [back to top]   

A Lee County jury said Wal-Mart owes a Fort Myers woman $1 million because its negligence caused her to fall and injure her neck.

Linda Gail Wright, now age 57, slipped at the North Fort Myers Wal-Mart on Oct. 30, 2002 while searching for Halloween candy.

She slipped on a puddle of oil and water that had spilled from rotisserie chickens, which were packaged by Wal-Mart in plastic containers.

As a result, Wright, an avid horse trainer and rider, underwent multiple cervical spine surgeries. She now has a permanent titanium cage stabilizing her neck. Wright owes more than $123,000.00 in medical bills.

Throughout the trial, Wright’s attorneys highlighted Wal-Mart’s failure to follow many of its own policies and procedures in regards to keeping its floors safe and clean for customers

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Wal-Mart to phase out illegal wood sources

Associated Press
07.14.08                                  [back to top]  

BENTONVILLE, Ark. - Wal-Mart Stores Inc. said Monday it will phase out illegal wood sources and increase the products it buys from sustainable forest operations.

The world's largest retailer is joining a World Wildlife Fund initiative to improve management of valuable and threatened forests. Wal-Mart (nyse: WMT - news - people ) said it would begin by cataloguing the sources of wood used in its wood furniture. The company set a goal of five years to eliminate wood from sources that aren't well managed.

Wal-Mart says the move is part of its sustainability program, by which the Bentonville-based company is working to save energy, reduce packaging and take other steps to conserve resources.

World Wildlife Fund Vice President Suzanne Apple (nasdaq: AAPL - news - people ) credited Wal-Mart with answering its call to action to support responsible forestry.

Copyright 2008 Associated Press. All rights reserved

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Wal-Mart plan for P.V. dead

By Randall Clark,
Today's Sunbeam
July 13th, 2008                               [back to top]  

PENNSVILLE TWP. They went head-to-head with a retail giant and won, say environmentalists who claimed a definitive victory over Wal-Mart on Friday.

At stake, a 77-acre tract on the border of the Supawna Meadows National Wildlife Refuge, slated at one time as the next home for a 280,000-square-foot Wal-Mart super center less than a mile down Route 49 from its existing store here.

Attorneys of Angeloni Development, which sought to purchase the land for the project, sent its official decision in a letter to the Pennsville Planning Board on July 8. The letter was obtained by the Sunbeam Friday.

It was little more than a single sentence that opponents of the super center have been waiting years to hear.

"This is a big victory for us," said Matt Blake, Delaware Bay Project Manager of the American Littoral Society. "It was the worst display of development in the wrong place."

The letter from Angeloni attorneys named the block and lot number, below it simply stating, "Please be advised that the applicant is hereby withdrawing the above referenced application."

Among the roadblocks were a citizen's lawsuit challenging the 2006 site plan approval by the Pennsville Planning Board, along with the state Department of Environmental Protection's refusal to allow sewer extension to the site.

Angeloni attorney Frank Hoerst of Woodstown said he has been taken off the developer's payroll, while Wal-Mart corporate spokeswoman Jennifer Hoehn said she "is not sure what's going on with the property."

The plan for the Wal-Mart super center stirred controversy not only in Pennsville, but throughout the county.

The application for the project was the subject of many lengthy and heated planning board meetings in Pennsville.

Besides the effect on the environment, many questioned whether the local population could support a market as huge as was being planned.

Whether Wal-Mart will seek to build a super center in another location in Salem County is unclear.

Known as the Sinnickson Tract, a fallow field at the intersection of Route 49 and Lighthouse Road, Blake said that Angeloni had let its option to purchase the land expire months ago, leading the way now to preservation opportunities.

The land is currently designated as a bald eagle foraging area.

A coalition of New Jersey conservation organizations say they are working with the U.S. Fish and Wildlife Service to secure federal funding to acquire the tract.

"The opportunity to add this site to the refuge would be an incredible asset to the entire refuge because of its location, habitat value and opportunities for restoration," said Refuge Manager Howard Schlegel.

Influential lawmakers have also joined the bid to see the land protected, even going so far as saying there should be a return of services there.

The 3,100 acres of Supawna Meadows has faced a complete loss of its annual budget, going unstaffed and unfunded for the past two years. These cutbacks left a five-member staff at the 11,500-acre Cape May National Wildlife Refuge responsible for all the biological, maintenance and patrolling needs of Supawna Meadows.

According to Schlegel, the staff works at Supawna about one day a week, meaning a great deal of the day-to-day tasks are not completed. Congressman Frank LoBiondo has been a staunch supporter of greater government assistance for the refuge.

"I am currently working with the U.S. Fish and Wildlife Service to secure whatever federal funding is available to preserve this unique property," said LoBiondo. "Acquiring this land would not only increase the attraction of the Supawna Meadows National Wildlife Refuge, but would reinforce my long-standing argument that full-time personnel and services should be reinstated."

Salem County Watershed Taskforce Chairwoman Nancy Merritt called the Super Wal-Mart defeat an important effort of over half a dozen organizations.

"(This) speaks volumes to the effectiveness of a community's efforts in coming together to give a voice to and fight for the protection of an ecosystem that is integral to Salem County," Merritt said. "The land will have a chance to go on in perpetuity doing what it was designed to do support an ecosystem that so much of our wildlife depends on."

Among the groups calling for preservation now are the American Littoral Society, Citizens of Pennsville Against Sprawl, New Jersey Environmental Federation, Concerned Citizens of Pilesgrove, New Jersey Audubon Society, New Jersey Conservation Foundation, Salem County Watershed Taskforce, Concerned Pilesgrove Residents and Friends of Supawna Meadows National Wildlife Refuge.

Blake said the American Littoral Society became involved more than two years ago, when the state Office of Smart Growth inadvertently mapped the site to support metropolitan growth.

He added the tract protects the headwaters of Mill Creek, a tidal estuary that serves as a critical feeding area for nearly 6,000 pairs of wading birds. It is the largest such rookery on the Atlantic Flyway north of Florida.

The Office of Smart Growth has since proposed to reclassify the site as environmentally sensitive.

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Elizabeth developer sues Wal-Mart

Pittsburgh Tribune-Review
July 10th, 2008                                       [back to top]  

An Elizabeth developer is suing Wal-Mart for more than $1 million, seeking payment for work rendered and damages incurred.

McHolme/Waynesburg LLC claimed in a federal lawsuit filed Wednesday that the retail giant owes $1.31 million for work done on a site owned by McHolme that was to become a shopping center.

Despite submitting an invoice in October, McHolme claims Wal-Mart has yet to pay. The non-payment amounts to a breach of the development agreement, the lawsuit claims

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$4 gas may help rural towns as shoppers stay local

By ANNE D'INNOCENZIO
and KATE BRUMBACK
Associated Press
07.09.08                                           [back to top]  

THOMASVILLE, Ala. - Residents in once-sleepy Thomasville have started complaining about traffic jams on Route 43, which runs right through the town.

Much of the new traffic is coming from shoppers, squeezed by $4-per-gallon gas, who are staying closer to home instead of driving 100 miles each way to the nearest malls in Mobile or Montgomery.

"I just don't drive as much," said Herman Heaton, a 72-year-old retired lumber mill worker, leaning against a Chevy Silverado pickup that now costs him $80 to fill up. "We don't go to Mobile as much as we used to for shopping." Heaton said he now spends about $600 a month on gas, about 10 percent of his income and about double what he spent last year.

So now he says he's shopping locally.

Many stores in rural towns - from small independent shops to local chains - are starting to enjoy a little life after years of seeing customers bypass them for distant malls. While it may not reverse the decades-long decline of small-town shopping, it could lead national mall developers and merchants to rethink where to build and challenge a basic tenet of retailing: Build, and shoppers will come from miles away.

"The whole retail logic has been to build big mass stores that drew from a huge distance," said Robert Robicheaux, an economic development specialist at the University of Alabama. "Now, we need to reconsider that."

Some small shops in Thomasville, population 5,500, report more customers as shoppers check out local options first instead of heading further away.

"We are out in the middle of nowhere, but we are a unique market away from the metro areas," said Thomasville Mayor Sheldon Day, a former Wal-Mart store manager who is trying to revitalize the town with additions such as a new civic center and wants to get chains like J.C. Penney and Target (nyse: TGT - news - people ) Corp. to open locations in town so that residents don't go elsewhere.

Consumers, Day said, "are buying the basics they need. If you are looking to buy the basics, then you do most of your shopping at home."

Thomasville is already seeing a 5 percent increase in sales tax revenue so far for the fiscal year that ends Sept. 30. In Brewton, Ala., a town of about 5,000 people that's about 80 miles southeast of Thomasville, City Clerk John Angel said sales tax revenue is up 6 percent in recent months after having been flat in recent years.

City officials in Mobile and Montgomery, meanwhile, say they're dealing with shortfalls, in part because out-of-towners are staying close to home too.

Tax experts say it's difficult to apply sales tax data nationwide since different states define sales tax in different ways. But Family Dollar Inc., which operates 30 percent of its stores in rural areas - typical of discount chains - says that its rural locations are outperforming the chain as a whole. And Rita Postell, spokeswoman for the Piggly Wiggly Carolina Co. supermarket franchise chain, which operates 113 locations in Georgia and South Carolina, says that some stores in rural areas near Spartanburg, S.C., have enjoyed a recent rise in sales, after long struggling with declines.

Based on his conversations with store executives, Burt P. Flickinger III, managing director of consulting firm Strategic Resource Group, said other discount and dollar stores are seeing their rural locations doing better than their overall business.

"Rural retail centers are likely to see a lot more traffic as consumers are not willing to make the long commute to the big city," said Michael Hicks, associate professor of economics at Ball (nyse: BLL - news - people ) State University in Muncie, Ind.

Hicks has studied the so-called pull factor - a measure of regional retail sales that takes into account local income levels as well as sales per capita - in Muncie and found it was seeing a smaller drop in sales than more urban areas like Indianapolis. That means that consumer spending in rural retail hubs is holding up better.

The decline of rural towns has been fueled by the closing of manufacturing plants and the flight of young adults in search of better job prospects. Some experts say the rapid expansion of discounters like Wal-Mart Stores Inc. into rural areas also clobbered small businesses like local hardware and grocery stores, stripping the town of a diverse mixture of shops.

"For thirty years, we have seen major structural changes that have caused the decline of the rural town," said Liesel Eathington, assistant scientist in the economics department of Iowa State University. "There are reasons other than travel costs that were leading to the consolidation of trade out of small rural communities and into the larger" urban areas.

But gas prices could be playing a bigger role in changing people's habits. The high cost of gas takes a toll, especially on rural Americans, who are already struggling with lower average incomes than the overall U.S. population, fewer employment options and a heavy reliance on gas-guzzling vehicles.

In Thomasville, U.S. Census figures show that 20 percent of families live below the poverty line. Residents in Clarke County, which includes Thomasville, spend 9 percent of their take-home pay on gas, compared to the national average of 4 percent, according to a recent study from the Oil Price Information Service. And with pulp and paper mills outside of town among the area's biggest employers, Day noted that roughly 40 percent of the town's residents have at least a half-hour commute every day.

Johnny Thomas, 44, a machine operator at a mill in McIntosh, 32 miles from his home in Coffeeville, used to shop 85 miles away in Meridian, Miss., but now limits his trips. Instead, Thomas, who was sitting on a bench outside a restaurant in Thomasville, said now he buys in bulk.

"Mainly, you just have enough gas to just go to work, come back. We aren't able to go out and do family activities anymore," he added, noting that his hours have been cut and he now works only four days a week.

But higher traffic in rural town centers like Thomasville may be a sign of what's to come. Thomasville, which was founded in 1888 and has a cluster of small local clothing and furniture shops in addition to dollar stores, has pulled in more shoppers from much less populated neighboring communities like Pine Hill. While Day says the Wal-Mart in town has always been a magnet for business - a contrast to what other experts believe, he thinks Thomasville's trading area could stretch to 50 miles from the current 35 miles because of the gas impact. Citing the new traffic jams, Day said he has already seen a 5 percent to 10 percent increase in vehicle count from a year ago.

With a trip to Mobile now costing an average of $40 or $50 just for gasoline, "people can afford to pay 10 or 15 dollars higher for things in Thomasville versus traveling to a metro market, and we are seeing that."

Reece Armistead, an assistant manager at sporting goods chain Hibbett Sports in Thomasville, noted an 18 percent sales increase from a year ago. Many customers, he said, say that they will order an item online if the store doesn't have it because they're not willing to drive to Mobile.

Mike Walters, owner of the three-store chain of Larry Walters Furniture stores, said that he hopes the new interior designer he has hired - a rarity in rural Alabama - will resonate with residents who don't want to drive to the mall.

"It's always the perception that the small town can't compete with the big city, but that's false," Walters said. "We can't have the selection, but we can beat (their) socks off on service. We're here, and we're local."

AP Business Writer Anne D'Innocenzio reported from New York.

Copyright 2008 Associated Press. All rights reserved

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'Neighbors' want a say

By CATHERINE GARCIA ,
Redlands Daily Facts
July 8th, 2008                                           [back to top]  

REDLANDS - The Good Neighbor Coalition is made up of residents from across Redlands who say they want the best for their town.

The group started about three years ago, and is currently speaking out against the proposed Super Wal-Mart for the north side of Redlands.

"It was mainly the faith community that came together, from about 12 churches," said Dianne Landeros of Redlands. "When we heard about the Super Wal-Mart coming in, we were worried about the economic, environmental and social justice issues.

"We also feel that Wal-Mart is not a good neighbor. We want them to contribute to the neighborhood, not destroy it."

According to Landeros, the group is worried about the Super Wal-Mart putting local establishments out of business.

"A Super Wal-Mart sells groceries, so we are concerned about the impact on grocery stores," she said. "If workers are making minimum wage, they won't be able to live in Redlands, and will only afford to shop at Wal-Mart."

"Super Wal-Mart's have pharmacies, optometrists, beauty salons, garden centers, hearing aid stores and banks," said Dorene Isenberg of Redlands. "These are additional services we already have. Super Wal-Marts are not only big competition for grocery stores but also downtowns."

According to Isenberg, regular Wal-Marts are roughly 102,000 square-feet; Super Wal-Marts are almost 200,000 square-feet.

"They have a history of coming into towns with a Wal-Mart already there, closing down the old store, and not allowing anything else to go in there as competition," she said. "These Wal-Marts are usually a shopping area's anchor store, and other stores go out of business when the Wal-Mart closes. They become a blighted spot." Corla Coles of Redlands is concerned about the proposed location of the Super Wal-Mart.

"It's planned for right across from the new high school and new (Holy Name of Jesus) Catholic church," she said. "Kids are kids - it's more fun to cut class and go steal a candy bar. Plus, there are motor homes that stay overnight in the parking lot. We don't know who's in there. Some of them are scary, and we just don't need that."

When Super Wal-Marts are built, according to Landeros, local businesses are not a part of the development.

"They are centered in Bentonville, Ark., and everything that goes into making Wal-Marts comes from Bentonville," she said. "They are not supporting local business, like construction workers."

There is also the question of traffic.

"A Super Wal-Mart would increase the amount of traffic and congestion," Landeros said. "There's also wear and tear on the roads and lots of infrastructure costs. Even if Wal-Mart pays up front the costs of new roads and lights, once they're there, the city's going to have to pay for maintenance."

The group has circulated petitions at Market Night, and met with City Council members, the city manager, the city attorney and the community development director.

"We're trying to see where they stand," Landeros said. "So far, no one has shown whether they support it or not. They do talk about tax revenues. We're a city trying to balance the budget in tough times, from what we've been told.

"When Wal-Marts first come in, they increase the amount of tax revenues, but the city revenues start to decline after five years. If they're looking at this as a way of trying to take care of part of our budget problem, it's a quick fix, not long-term."

"The coalition has been very vocal," Coles said. "We've written letters and e-mails to everyone in the city. They know that this is a diverse group of people interested."

One of the fears that Isenberg has is that Redlands' reputation will diminish with a Super Wal-Mart in town.

"I know people who grew up around here who say that Redlands was the place to come to buy quality items," Isenberg said. "They would come here for their back-to-school clothes. You don't get that from a Super Wal-Mart."

Planning for the store is in the early stages, and an environmental impact report is being written.

"It is supposed to address many of the issues we're concerned with," Isenberg said. "We will read it very closely to see if the issues we brought up in the scoping meeting have been addressed in a proper way and taken seriously."

Those issues include Super Wal-Mart paying a living wage, not polluting and giving good benefits.

"It's hard to imagine they're going to become something that's a good neighbor, but that's our goal," Landeros said.

The Good Neighbor Coalition wants both the city and Wal-Mart to know that it's more than just a few people from the same background who are concerned with the thought of a Super Wal-Mart in town.

"We represent many aspects of the community," Coles said. "There are educators, people from the north side, people from the south side, Republicans, Democrats, Independents, Green Party members. We're apolitical. We all just care so much about this issue. It's the one thing we have in common."

The Good Neighbor Coalition meets at 6:30 p.m. every Wednesday at the United Church of Christ in Redlands. Meetings are open to everyone.

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Residents oppose Wal-Mart

By Paige Aarhus,
London Free Press
July 8th, 2008                               [back to top]  

They say you can't halt progress, but a group of residents from the Meadowlily Road area are trying to make sure progress doesn't take a heavy toll on the environment.

About 40 people, including London Mayor Anne Marie DeCicco-Best, were on hand at Summerside Community Church last night to voice concerns about an impending big-box store invasion.

"I have grown up in this area and live not too far away from here, so I can appreciate some of the issues the residents have in particular the residents on Meadowlily Road," DeCicco-Best told The Free Press.

Representatives of SmartCentres Inc., a development firm representing the Wal-Mart chain, met with residents to discuss changes made to the planned Wal-Mart store at the corner of Meadowlily and Commissioner's Road in southeast London.

The proposed store would be located next to a complex that includes a heritage site, a working farm and a forest designated as an Environmentally Significant Area (ESA).

Residents argue a big-box store will bring pollution, traffic and safety concerns to the road's six residences, and harm the nearby natural area.

"We're worried about the development. We want to preserve the integrity of our neighbourhood and keep it green," said Dorothy Stolarski, a lifelong Meadowlily resident.

"Our situation is unique because it is an environmentally significant area," she said.

Since the original development proposal was made, SmartCentres has added a four-acre buffer zone to the ESA, and dropped the number of planned entrances off Meadowlily Road from three to one.

But resident Bogden Raczynsva said that's not good enough.

He moved to London from Poland in 1990, and said he enjoys walking his dog in the forested area off Meadowlily.

"When I came here everybody called London the Forest City. It looks like it's going change and we're going to call it Wal-Mart City," he said.

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Comic, on sale at Wal-Mart, draws charges of racism

By Leslie Casmir,
Houston Chronicle
July 7th, 2008                                   [back to top]  

Beloved by Mexicans for his dim wits, street smarts and playful disposition, long-running comic book character Memín Pinguín — a little black boy whose face resembles a monkey — is at it again.

His zany adventures chronicled in a hugely popular book series for decades are up for sale at your neighborhood Wal-Mart store in the Libros en Español section, right next to the store's cadre of African-American books.

The latest issue: Memín para presidente.

By Shawnedria McGinty's American standards, the image was shocking. The African-American woman who was shopping at the store on South Post Oak over the weekend immediately asked a store manager to remove the books from the shelves. A manager told her he would comply.

"I said, wait a minute: Is this a monkey or a little black boy?" said McGinty, 34, of Meyerland. "I was so upset. This is 2008."

But as of Monday afternoon, the books were still on the shelves at many Houston stores, prompting community activist Quanell X to demand that Wal-Mart apologize for selling the racially charged books.

"Even Hispanics of conscious minds sense this is racist and that to sell this is totally unacceptable," said Quanell X, who spoke in front of the Wal-Mart on South Post Oak and demanded officials issue an apology. "It is a disgrace — it's an insult to all African-Americans."

Quanell X, who was contacted by McGinty, requested a meeting with regional Wal-Mart officials.

A Wal-Mart spokesman said the books were removed late Monday at the Meyerland location, but would not say if the comic books would be pulled at other Houston locations. A Houston Chronicle reporter bought three Memín comic books for $7.44 each at another Wal-Mart on Dunvale.

"We will be evaluating the best course of action," said Phillip Keene, a company spokesman.

Memín is no stranger to controversy. In 2005, the Mexican postal service released a series of new stamps commemorating the comic book character, who debuted in the 1940s. The stamps sold out quickly, but the debate endured and swirled between the U.S. White House and the Mexican White House.

To some in America, Memín's stereotypical image of exaggerated lips and ape-like characteristics represents a racist period in the nation's history when black-face characters were popular.

The stamps were deemed offensive by President Bush and a number of American leaders, including civil rights icon Jesse Jackson. Former Mexican President Vicente Fox said he didn't understand what all the fuss was about and insisted that Memín's image was not racist, but a beloved character embraced by all Mexicans.

"When you read the stories, he's always the hero — he saves the day," said Raul Ramos, professor of Mexican-American history at the University of Houston, who added that the racial dynamics in Mexico — where stereotypical "Sambo" characters do not exist — are far more complex than in the U.S. "He's kind of the Charlie Chaplin figure, the rascal who is able to overcome the difficult situations. So he's a very populist character in that way."

Omar G., 45, who was shopping at the Meyerland Wal-Mart with his four American-born children, said he did not want his children to read it.

"I grew up reading the comic book as a kid in Mexico, but for here, it is offensive for some people," said Omar, who did not want his last name published. "To see it here in Wal-Mart, I am surprised."

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Walmart reports nude photos, leads to SWAT raid on family

By Morgan Unger,
The Journal
July 7th, 2008                               [back to top] 

CHARLES TOWN — A Charles Town man has filed a civil action lawsuit against two area law enforcement officers and Wal-Mart after he said he was wrongly accused child pornography after attempting to develop nude photographs at a store in Winchester last year.

In a complaint filed last month in Jefferson County Circuit Court against Jefferson County Detective Cpl. Tracy L. Edwards and Deputy P.G. Smith along with Wal-Mart Stores East, LP, Charles Town resident Sam Bellotte alleges store personnel subjected him to emotional distress, embarrassment, humiliation and injury to his reputation after they claimed photographs he sought to develop there contained sexually explicit images of children, and then contacted law enforcement officers who the next day conducted a search of his house with a S.W.A.T. team and state and federal officers. Bellotte said during the search, which was conducted in front of his wife and children, Edwards and Smith called him a “sick person” and a “child pornographer.”

Bellotte, who acknowledged to store employees the pictures were nude photographs, said store officials invaded his privacy after they examined the pictures and failed to destroy them after he surrendered the photos to them to be shredded.

According to the complaint, on May 30, 2007, Bellotte used a self-service photo maker in a Wal-Mart store in Winchester to print off digital photographs, and when asked if any of the photos contained nudity, he said there were nude photos and then agreed with Wal-Mart personnel that the photos would be shredded without being reviewed.

Bellotte claims Wal-Mart personnel looked at the pictures while they were being shredded, searched for Bellotte’s debit and credit card information in their register and called police.

“Sam and his family both went through a horrifying event that was uncalled for,” said Bellotte’s attorney Thomas E. Carroll, of Monticello, Ky. “The police raid was conducted in the middle of the night after the family had gone to bed. No justification for that, and it all started when Wal-Mart decided to basically invade his privacy.”

Carroll said Bellotte was never arrested.

According to the complaint, on June 2, 2007, Edwards was quoted in The Journal as saying Bellotte was likely to be questioned and if pornography was found, arrested immediately. The article did not mention Bellotte by name but did say a warrant was served at his residence, identifying him, the suit says.

Bellotte seeks to recover compensatory and punitive damages as the result of their actions.

Carroll confirmed that no court date has been set yet. He said he would like to see Bellotte and his family “rewarded a fair and reasonable compensation for all they’ve gone through.”

Carroll also said that there has been a second lawsuit filed with the U.S. District Court in Martinsburg, in which Bellotte’s wife and children are the plaintiffs, claiming civil rights violations during the police raid.

Edwards and Smith, as well as their attorney, Lucien Lewin of Steptoe and Johnson, PLLC, were unwilling to comment.

Wal-Mart attorneys did not return phone calls.

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Wal-Mart prohibits HIV prevention event

Feministing.org
July 4th, 2008                                       [back to top] 

Are we really surprised?

Planned Parenthood of Central Washington was scheduled to hold an event at a local Wal-Mart on National HIV Testing Day where their Teen Council were simply going to stand outside of the store and hand out information about HIV prevention and testing. But the American Life League got a tip on the event, and urged their supporters to call and complain to the store, after which Wal-Mart succumbed and canceled the event.

You know, because handing out preventative information that saves people's lives is just so not okay. American Life League's statement is horrific, and conveniently makes no mention of what the event was actually for:

“Planned Parenthood is now in such desperate need of customers it’s willing to do anything – even stand outside shopping centers to lure young people into its clinics,” said Marie Hahnenberg, a researcher for American Life League. "They’re pushing pornography and contraception onto young children – beginning in kindergarten. Now parents aren’t even safe to go shopping without worrying Planned Parenthood will pressure their kids into promiscuous lifestyles that will increase their bloated birth control and abortion profits,” Hahnenberg said.

I just love it when they equate pro-choicers with pushers and pimps. (And on 5 year olds, no less. They're big money, I tell ya!) This is the kind of shit that reminds me just how fucking insane these people are. Their supporters who called Walmart - and Walmart itself - should be ashamed that they believed these horrid lies and, in Planned Parenthood's words, "put the wishes of extremists ahead of crucial community health information that empowers people to make responsible choices."

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Walmart.com: "Not Sold Online" Means "Come Pay More For It In The Store"

By Meg Marco,
The Consumerist
July 3rd, 2008                                         [back to top]

Reader F. put some Consumerist-savvy to work and got Walmart to honor the price shown on their website. You see, when something is out of stock on Walmart.com — the item's description says "Not Sold Online," rather than "Out of Stock." Not being psychic, F. took this to mean that the item was not sold online, and would be available at the listed price at the store...

Normally I avoid Walmart like the plague, but having just moved I am skint (broke, out of money, impoverished). My computer monitor was broken (cracked, actually) sometime in the process of moving residences, and I needed a replacement ASAP. So I was price comparing online, and the Dell SE198WFP seemed like a nice enough deal.

Walmart advertises the SE198WFP for $188.72 on their website, and the site also says it's in stock at my local store. **The website also specifically says "Not Sold Online."**

Well, we get to the Walmart in Okemos, Michigan and find the monitor. It is tagged as $198.00, $10 more than the price as listed online. I grab the girl at the electronics counter (as she sighs because I am interrupting her text messaging), and inform her I need a monitor. At this point I am assuming this is a non-issue, and they will happily give me the web advertised price. Not so.

As she is unlocking the monitor from its electronic alarm, I mention the price discrepancy. She now has a sour look on her face and says she can't sell it to me for that price. But I read The Consumerist every single day. I felt bad enough shopping at Walmart to begin with, I wasn't going to let them get away with this.

I point out that advertising one price to lure customers into the store and then trying to charge another higher price is tantamount to false advertising. She says there is nothing she can do (lies!), and I need to talk to a manager. I ask for a manager.

Well, she walks away and ostensibly calls a manager with the issue. We wait for around five minutes, and the girl comes back. I get some more information, but the manager never appears.

She proceeds to tell me that when a product is sold out online, the website says "Not Sold Online," but they can't "comp" themselves. She then informs me she dealt with this same issue earlier in the day; someone wanted to buy a computer advertised online for $50 less than the store had it listed for. She continued with this talk of not being able to "comp" themselves, and how even though the website says "not sold online," lists a price, and informs you of your local stores stock status, that the price isn't actually valid.

I wasn't having it. I asked point blank, "so you are unwavering on the issue?" She says yes.

My response is simple. I tell her that it was unacceptable for a corporately controlled chain to lure customers into their stores with no intent to honor prices advertised by that very same corporation. Furthermore I tell her to do so is illegal in the state of Michigan (it is). I go on to say that if they were insistent, I was left with a specific course of action. I would file with the state AG office, file with the BBB (even though it does nothing), call exec.. cu... tive... I am cut off mid-sentence. That's all she needed to hear.

In a huff, she unlocks the monitor, takes it to the counter, and rings me up at the web advertised price without so much as a call to her manager. Apparently they can "comp" themselves.

What concerns me is not a measly $10. What concerns me is that, as she evidenced, this happens often. How many customers are going to brick and mortar stores to pick up items advertised online, only to find prices markedly higher than advertised? And how many of those customers cave in, not being aggressive about their rights as a consumer?

-F Scott

We hear about this sort of thing often. Some general advice: Some stores have mouse-print on their websites that specifically excuse themselves from having to price match their own websites. If you're going to try to get them to price match, make sure to bring a printout of the website with you, as some retailers have a habit of trying to skirt the issue by tricking you into thinking that the "sale ended while you were in the car."

As far as Walmart.com goes, "not sold online" is a very misleading way to say "out of stock." You were correct to demand the "not sold online" price. We're so proud!

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Minn. judge rules against Wal-Mart on work breaks

Associated Press
07.01.08                                      [back to top]

MINNEAPOLIS - A Minnesota judge ruled that Wal-Mart cut short employees' rest and meal breaks and forced them to work off the clock, violating the state's labor laws 2 million times.

The judge's order in the class-action lawsuit against the discount retailer awards the plaintiffs $6.5 million in compensatory damages.

An attorney for the plaintiffs expects Wal-Mart (nyse: WMT - news - people ) will pay much more than that after a jury in October considers a civil penalties and punitive damages.

Justin Perl, who represented the plaintiffs, says Dakota County Judge Robert King Jr.'s ruling sends a message to Wal-Mart that the company must pay for its mistakes.

The ruling, which was handed to the parties Monday evening, comes after similar judgments against Wal-Mart in Pennsylvania and California . Wal-Mart is appealing those rulings.

Wal-Mart did not immediately comment.

Copyright 2008 Associated Press. All rights reserved.

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VIDEOS

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Fighting Wal-Martization 25min. (2005)

A new video by The Labor Video Project 25 min. (2005)

Wal-Mart is now the largest private employer in the United States and has the same impact that General Motors had nearly 50 years ago. This 26-minute video shows why working people and trade unionists are fighting back and what Wal-Mart has in store for the communities it is seeking to build stores in. "Fighting Wal-Martization" is a hard hitting documentary that looks at how the constant price cutting not only drives local small businesses out of the community but how this ends up driving down the living conditions of the very people who shop at Wal-Mart. The video also looks at the healthcare crisis and how Wal-Mart increases its profits by sending it¹s employees to public hospitals to get treatment thereby shifting costs back onto the taxpayer. This video can be used at union meetings, community meetings and on cable TV to get the message out about the Wal-Martization of America and what it means to every working person.

Please mail your check of $20.00 and order form to

Labor Video Project
P. O. Box 720027,
San Francisco, CA 94172

For more info: lvpsf@labornet.org, (415) 282-1908

Wal-Mart: The High Cost of Low Prices (www.walmartmovie.com)

Independent America: The Two Lane Search for Mom & Pop (www.independentamerica.net)

Big Box Mart (www.jibjab.com)

Garth Brooks Parody (www.walmartworkersrights.org)

"Is Wal-Mart Good for America?" Frontline, PBS Video, (www.pbs.org)
 

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BOOKS

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NON-FICTION

The Case Against Wal-Mart By Al Norman Raphel Marketing ruth@raphael.com

Wal-Mart: The Face Of Twenty-First Century Capitalism Edited By Nelson Lichtenstein The New Press www.thenewpress.com

The Great Risk Shift: The Assault on American Jobs, Families, Health Care and Retirement By Jacob S. Hacker Oxford University Press www.oup.com

War On The Middle Class: How the Government, Big Business, and Special Interest Groups Are Waging War on the American Dream and How to Fight Back By Lou Dobbs Viking, a member of Penguin Group www.penguin.com

Momentum: Igniting Social Change in the Connected Age By Allison H. Fine Jossey-Bass www.joseybass.com

Big-Box Swindle: The True Cost of Mega-Retailers and the Fight for America's Independent Businesses, By Stacy Mitchell, www.beacon.org www.newrules.org

Wal-Mart: The Face Of the Twenty-First-Century Capitalism, Edited by Nelson Lichtenstein, Published by The New Press www.thenewpress.com

 The Bully Of Bentonville - How the high cost of Wal-Mart's Everyday Low Prices is Hurting America, By Anthony Bianco, Published by Doubleday
Email: specialmarkets@randomhouse.com

 How Wal-Mart is Destroying America (and the world), By Bill Quinn, Published By Ten Speed Press, Box 7123, Berkeley, CA 94707, www.tenspeed.com (pp. 163)

Slam Dunking Wal-Mart, By Al Norman, Published By Raphel Marketing, 12 S. Virginia Avenue, Atlantic City, New Jersey 08410, www.sprawl-busters.com (pp. 237)

The Great American JobsScam, By Greg LeRoy, Published By Barrett-Koehler Publishers, Inc., 235 Montgomery Street, Suite 650, San Francisco, CA 94104-2916, www.bkconnection.com (pp. 257)

Nickel and Dimed, By Barbara Ehrenreich, Published By Henry Holt and Company, LLC, 115 West 18^th Street, New York, NY 10011, www.henryholt.com (pp.221)

United States of Wal-Mart, By John Dicker, Published By Jeremy P. Tarcher (Penguin Group usa), www.us.penguingroup.com (pp.257)

The Wal-Mart Effect, By Charles Fishman www.penguin.com

Megamall On The Hudson, By David Porter and Chester L. Mirsky www.trafford.com

FICTION

Death By Discount, By Mary Vermillion, Published By Alyson Publications, P.O. Box 4371, Los Angeles, CA 90078-4371, www.maryvermillion.com (pp. 275)