Law Assignment

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. Glossary Terms -~-card(p. J~)

:=:~'schoicc (p. 5) :-::::mI groups (p, 14)

normative (p, 17) paternalistic (p. 2S) propaganda (p. 36)

triggering event (p, 6) win-win policy (p. 6)

Stakeholders and Storytellers: Playing Politics and the Policy Process

Co-authored by Elise M. Yablonsky

The Case All communities hope for economic vitality. hut many are being cautious about what types of growth they encourage. As a result. economic development policy is full of value conflict and it raises questions about what the public interest is and whose interests are. and 2:'e not, being served by different policies. New economic development projects arc i:x:reasingly examined hy concerned members of communities who ask: what is the cost of growth? Many local citizens and small-business owners have protested the development of ~ig-box chain stores in their communi tics. For these citizens, not all kinds of economic !JUW1h arc desirable: nor arc they convinced this type of development will improve the economic hcalth of the community. The motivations behind objections range from fears of &he loss of good jobs to perceived threats to the local community's character. Bartles have been fought to stop the development of big-box chain stores in many slates across (he coun- 0')': some have succeeded and some have failed.

Read and consider the following reality-based fictional case study. and then consider the questions posed at the end of the case. As you read. keep the following questions in mind: How does the chapter you just read help you understand what is going on? (For ex- ample. who arc the stakeholders in this case") What can we learn about public policy and public policy analysis from these baules? Which of the arguments made by those involved best resonate with you'! Why?

Background

After a failed effort 10 years ago. Big-Mart is once again hoping to open a store in VanWood. VanWood Heights is not the same place it once was. It is in decline and has an aging. shrinking population. It has been hemorrhaging jobs. and. consequently, tax revenue is decreasing. The ctosmg of an automobile plant five years ago led to significant unemployment, scarring many families. The abandoned factory complex has left an unsightly mark on the city's landscape.

Currently. VanWood Heights has strict land-use zoning laws that discourage big-box stores like Big-Mart. The zoning restrictions were imposed after the previous, failed attempt by Big-Mart to open a store in VanWood. Before building. Big-Mart needs a change in the zoning requirement for the sue they would like to build on. To complicate matters further, lhe proposed site is a largely undeveloped. wooded area. It has served various community

(continuads

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32 P"'KT I • rflCORY AND PR;.CTlCE ---_-_ ----.~-~-.-.------ ---_ -)

purposes, including fields that have long served as home to youth soccer and lillie League baseball games. and as the site of the town picnic since the founding of the town in 1909.

l' . Seven years ago, Big-Mart attempted to side-step the city council and work with the mayor, Maria Thomas, to change the zoning requirements and secure the store site. The story was leaked to the public and was met with such fierce opposition that it was dropped. : Now, Big-Mart has altered its proposal, including the use of building materials and archi- J

, teciure that would attempt to match the historic flavor of VanWood Heights. It also plans I · to open a' health clinic in the store that would offer affordable health care to those in Van- , · Wood without health insurance. or with minimal coverage. I

I Despite VanWood's recent decline, many citizens reject the new proposal from Big-

Mart. These citizens fed that Big-Mart came far too close to being allowed to proceed the first time. Many residents of "the Heights" take pride in the quaint, almost small-town feel of their community and fear that a large chain store would threaten the already depressed, local economy. The Lindser family led the opposition 10 years ago and has joined many small-business owners in the area to fight against the Big-Mart proposal. The Lindsers have owned and operated VanWood Treasures, a toyshop on Main Street, for four genem- lions. Other prominent VanWood business owners joined the fight, including Mary Kay: and Tom Davidson, owners of a small coffee shop and restaurant on Main Street; Zach • Kovitz, owner and operator of a local hardware store; and Christopher Flannan, owner of • a small chain of local grocery stores. Of course, Big-Mart also had its supporters the first time, including a few power players and an undetermined, but not inconsequential, num-.' ber of average citizens.

When the bid was announced, the opposition immediately began working again. The i Big-Mart opposition group, "The Coalition 10 Save VanWood Heights," is organizing infer- , marion nights for the citizens of VanWood and leading protests on the streets. The Davidson, •

, Flannan, and Lindser families organized, and continue 10 lead, the group. with funding help i from other local business owners. They are infuriated by Ihe.:town's offer 10 freeze property ~

• taxes on the development site for 20 years, a common development tool known as tax incre- ~ , men! financing. The coalition also finds fault with the recently passed stale law that allows : · national chains to shetrer all or part of their income from slate corporate income taXI!S. I

Moreover, the coalition has cited studies that found regions do not have any employ- : men! gain when big-box retailers, like Big-Mart, move into a region. Their primary source ; is an article by Stacey Mitchell mat cues studies by Kenneth Slone, a professor of eco- ; nomics from Iowa State. These studies have shown that regions lose as many jobs as they ~ gain with big-box chains. Mitchell also writes that the new jobs are worse paying jobs than'

I the ones lost. Also. his work shows that the cities lose property sides tax revenue (net). ~ According to these studies, big-box stores also hurt the local economy by decreasing the; : need for local goods and services. I I The coalition has branched out to work with members' of other opposing groups, in- I I eluding the local labor union, the local growers association. and regional environmental- ( ; ists. Labor unions have battled with Big-Mart across the nation in opposition 10 their f anti-union stance. Local growers, feeling threatened by the sale of cheap organic food and 1

• groceries, have already started a petition for a resolution that would limit (he sale of 1- .. --- .. ' .... - -_ - - _ .. ,- _._--_. _.-- .~---..._.._....- ..... ,_ .. ...- - _... -.-- .. 'Stacey Mitche:l1. "WaI·Man lhe:High Cost of Low Price: Small Business and Wal·Man" Social Policy (Fall

2005): 13-15.

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~rics in Big-Man to protect local produce production. Environmentalists have joined ~ opposition. claiming that VanWood Heights is losing many of the green spaces that dis- -:::''1gUishit. They also arc critical of the proposal because of the increased traffic and pol- !~ion they claim it will bring to the city.

To counter the negative publicity. Big-Mart began running local ads giving their side of the story. They have also conducted their own information nights to "set the record straight" in the community. Their literature claims that they represent the interests of av- erage citizens who arc politically inactive. namely. the working poor. Big-Man says that its low prices and increased access to cheap health care helps poor families, and senior cit- izcns on tilted incomes, (0 get by.

At their meetings they read testimonials from working families across Ihe nation who thank BIg-Mart for allowing them to feed, clothe. and care for their families by offering reasonable prices. The)' also passed out copies of worker testimonials that attest \0 the positive work environment in Big-Man and to their employment, and advancement. op- ponunities. Big-Man has also made efforts 10 promote themselves as a good neighbor to local businesses. They have offered grants and radio advertising in stores to help local busi- nesses. especially those located in blighted areas. Big-Mart also played its "green" card, explaining that thc energy efficiency of their stores has been increasing due to the growing use of LED lights and hybrid trucks. They have also made an effort 10 pressure their sup- pliers to reduce packaging waste.

Heightening the controversy, there are rumors that Big-Mart has two other sites in mind. Big-Mart may be willing to build on the site that was once the automobile plant. thus redeveloping an unsightly brown field in VanWood Heights and saving the wooded park. However. the site would require costly clean-up before it could be redeveloped. The auto- mobile plant site has neither been confirmed nor denied by city or Big-Mart representa- tives. The other rumor is that Big-Man. fearing that once again its bid will be rejected by VanWood Heights' political leadership (or perhaps just seeking leverage), has also opened communication channels with the small city of Fremming. The Fremming site is 150 feet west of the VanWood Heights westernmost city limit.

In an early poll. conducted before all the meetings began. the residents of VanWood Heights showed that they are fairly evenly split between Big-Man opposition and support. The poll had a :t3 percent margin of error, and found 45 percent favored the new store. 42 PCR:Clltwere opposed, and I~percent were unsure. The local Chamber of Commerce has been pushing the planning commission and city council to allow for the revision of the zon- ing ordinance and allow Big-Man to begin construction. Big-Man's new hid comes at elec- tion time for the city council. hut the issue has been largely unaddressed by council representatives (most of whom seem to fear making enemies no matter what they do).

Meanwhile. Mayor Thomas has only said that she believes Big-Mart and Vanwood Heights "can do business together profitably and work together to improve our great city." Nonetheless, under pressure from the local media to set up a town meeting, the city coun- cil set aside lime at the end of their regular Monday night session 10 allow the citizens to express (heir concerns. Larry McGee, the long-time council member who is thought to he the least symparhetic to Big-Mart and the most likely to run for mayor two years from now. served as moderator. Speaking slowly, he pronounced the discussion of the Big-Mart issue to be crucial. and he asked everyone to he civil and 10 keep their comments brief.

(continued)

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r - "'--..- --- .. The Meeting

-- -- ....---.~ • i Mike Zander, a local fanner, was the first person McG~ called on. He said: "Big-Mart would;

· be a drag on our local economy, especially our local farming iniuattves. Big-Mart provides I its produce at extraordinarily low prices, but w.; have 10 ask ourselves-at what COSl'!When J you support local fanners' markets, you support your community, your neighbor, your friend. :

· When you support local fanners and local grocers, those dollars are returned 10 you in the; ! fonn of not only taxes, but also returned investment in the community. When you buy a ! bushel of tomatoes from Big-Mart, you support a faceless conglomerate and foreign farmers ' who don 'Ihave to play by our tax, environmental, and labor rules." Councilman McGee nod-

· ded his head in agreement and then called on the next speaker, • Katie Schnitz, a teacher at the local school and single mother of two, argued: '" suppon .

a Big-Man coming to town. Even though Iwork reu. time teaching your children. some j' I days Ican barely afford to buy food for my family. let alone healthy, nutritious food. With I the low prices Big-Man provides. I can afford to buy my children school supplies, give j I them fresh truirs and vegetables, and even afford to give them health care. Iknow some; · people say shopping o.r supporting Big-Mart is immoral .... bUI Ican't afford to be: moral. t · It's all well and good that you politicians and businessmen don't need the low prices of I Big-Man and you surely gel along fine without them . _ .Well. Ican't, Many people in this .; town have fallen on hard times lately, Big-Mart would be the answer to their prayers. Af- ! ter attending a Big-Mart information night, Ibelieve that many, probably most, of the ar- i guments against them are unfounded." . I

The councilman next called on Leah Lindser, owner of VanWood Treasures and a I I leader of the Coalition 10 Save VanWood Heights: "My toystore has been operated by my l family for generations, and was om: of the first businesses in VanWood Heights. VanWood I

1 Tr~asures_ and Ihe other shops, boutiques, and restaurants that make Main Street what it is, f , would be l:ripplt:d by Ihe presence ot a Big·Man. More people would make the one-stop- I · shopping trip 10 Big-Mart Ihan would support local Main Street businesses, like Zach I Kovitz's hardware store. As Mike said, we are your neighbors, we care about Ihe neigh- ~ borhood, and we reinvest in the community. Big-Mart will only suck the resources oul of :

, VanWood and pay low wages with few ~ndil$. We cannot compete with Big-Man and f still offcr living wages to our employcl.'S and high·qualilY products ..We surcly need a way !. J

, to revilalize our lown. but Big-Mart is nOI the solution. The tax incentives being offered to I · Big-Man would rob Ihe community of the lax dollars n~ded to maintain our city, and it ! would disadvantage local merchants." . i

Ml:Gec !hen recognized another critic, the president of the local chapter of the AFL· CIO, Andrew Amers: "Big-Matt'S consistent anti-union stance should raise serious ques- I lions in our community. Our unions have had a successful history in VanWood. We have;

I worked hard to ensure bett~r working conditions, beu~r wages, and a beller life for the ~ ; workers of this community. Without union representation, Big·Man employees will have I I no one to. fight for their rights as employees 10 a living wage, 10 benefits, and 10. fair and l ! safe employer prdctices. These guys will hire illcgal immigr;mts, lock. them in the slore at . nighl, and cheal employees out of ovenimc. They discriminate againsl those who arc nOI ~ willing to.work around the clock in their 24-hour stores. Alth<?ugh they didn't fire them like Cin:uil City did, there arc wage-caps on their employees in an effon (0 reduce long-term em- '.

• ployment. And, they have a rl.'Coru of discrimination against both women and minorities in . ~...::...-.-- ....: ....---... ~~.-_-. ".._- ~.__ , ~- ..-----......

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~ of promotions and pay. This is not the type of corporate neighbor that we want in \'ZlWood. Big-Mart has been fined for violauons of lahar laws, including forcing workers :- 'D'OIi; during rC~1breaks and off the clock. The)' arc a symbol of what has gone wrong 'lri"_" the relationship between people and business."

Councilman McGee, smiling, looked up and saw Suzanne Sturgan. vice president of ~ tocal Chamber ofComrncrce ready to talk. She didn't wait for him 10 call 011 her: "These Brg-Man bautcs have goucn out of control. Big-Mart has somehow become the symbol of z:t evil empire for the left Local communities arc asked 10 not support them as a stand ~inst corporate exploitation. environmental degradation. and poverty. This is not an epic banle. This is about YanWood Hcights-cand we arc in trouble. Big-Mart would give us the boost we need. Big-Mart has been making amazing strides in the last couple of years to im- prove their labor and environmental track record. As :I representative of the local Chamber of Commerce. I urge 10 you support Big-Man's proposal and to reject more unnecessary regulation of business. I would also like to introduce John Elko to speak 10 you all. It is my hope Ihat he can case the fears that some of you may have about this devctoprncru."

Big-Man representative John Elko spoke next. calmly hut assuredly: "I know that many of you have heard very negative things about Big-Mart. ( want to assure you that none of those things arc true. We at Big-Man are proud of the positive impact we have had in communities since our first small stores were founded 40 years ago. We now have stores across the globe. providing. people with high-quality goods at a low price. AI Big-Man we provide joll opportunities and assist WOrking families with their day-to-day lives, saving them up 10 $2,500 per year. We also generate tax revenue and support thousands of local and national charities. The jobs we offer are well paid and offer opportunuies for ad- vancement. When we open our stores. there is such a large demand for our jobs that we arc forced to literally tum thousands away. Tell me those citizens didn't wan! us as part of their community. You all know the same thing would happen herc. We also provide health care to our associates. both permanent and part-time. for as lillie as S15 per month in some ar- eas. And. our prescription drug prices forced our competitors to lower their prices to stay competitive. and uhimatcly that saves you money,"

He continued: "We arc also trying to he globally and environmentally responsible. Wc have increased Ihe amount of fair Irade and organic products we hUy. Some or our stores are experimenting with alternate forms of energy. including solar and wind power. We have decreased our energy usc by ~Opercenl in the lastlhrcc years alone. and arc reducing our- and our suppliers'-wastc.

") also nccd to take this opportunity to respond to the recurrent criticisms ahout our lack of labor unions for our employees:' said Elko. "We are a community at Big-Mart, and a labor union would he redundant. There arc open lines of communication at alllcvcls. and we do not need a divisive. third-part)' representative. Our managers arc expectcd to tllkc employce concerns very seriously. We. and our employees. believe thnt a Inhor union is un- necessary. due to our fair employee pmcticcs and collaborative efforts."

"Further," he concluded. ''If you believe in democracy. like I do. the numbers speak for themselves. Many polls have shown that most Americans-if not mOSt clites-like Big-Mart, plain and simple."

When Elko finished. McGee quickly called on Alex Stanley. the president of the Coalition to Save VanWood Heights. who spoke with p3.~sion in his rchullal: "Iwas hoping

(cuntinued)

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, 36 PMfT I • TIIEORl'MD PRACTICE

for the opportunity 10 speak after the Big-Mart supporter and debunk his myths. ( know our community has fallen on hard times, but Big-Mart is not the answer. We need to reinvest in our community, not invite a mulunational corporation in 10 benefit from inadequately compensated labor. and to remove profits genera led by our local residents, While doing nothing to support its employees or the community. While there 3fC some big-box stores, like Big-Co, that treat their employees well, Big-Mart is not one of them. Big-Mart pays its most common employees, its sales associates and cashiers. enough 10 land them at least a thousand dollars below the poverty level. While providing such low-paying jobs, il de- stroys other aspects of the local economy by luring customers away from local stores."

"Also, Big-Mart will not contribute to the local lax base due to the shameless lax- incentives it is being offered. Ms. Sturgan claims to be against further government inter- vention with business, but what about the govern menI incentives being offered lO Big-Mart in attempts to lure them here? Apparently our Chamber of Commerce believes that gov- ernment should only intervene when it is on the side of multinational corporations, but not for local interests."

"The studies rbat show positive impacts from Big-Mart have been consistently funded hy money from the company. Big-Mart, despite its propaganda, will not be an asset to ' VanWood Heights. As residents with pride in our beautiful. tight-knit. community. we must I work together [0 become one of the inspiring stories of communities that have successfully stopped Big-Mans from coming to their towns. We ask. the city council to recommend that ! the ordinance not be changed so that Big-Mart will he unable to build. And, as citizens, we should usc the ballot box, and our political contributions. to hold accountable any polni- . cian who sells us out." .

Rana Sadiqah, member of the regional environmental group followed Mr. Stanley: ; "Thank you Councilman McGce and the rest of the council for this opportunity [0 address these key issues. The last speaker. Mr. Stanley. is absolutely right Ihave been so impressed i with the natural beauty ofVanWood and with your fight to save it. You would not want to sac- i rifice your town for Big-Mart. They will only bring increased, 24-hour traffic and will cost i you your beautiful park. Iknow that company executives have been making minor. but very ! public, commitments 10 the environment, but this does not erase a corporate lifetime of pol- luting waterways, gobbling up green space and wetlands, and supporting environmentally unsound practices. Please. protect your sacred land and do not allow Big-Mart to build."

"We only have lime for one more speaker," M(:Gee said, then he called on a cuizen he didn't know. Frank Sherrie, a fanner employee of Hord Automotive: "Ms. Sadiqah you are nOIa member of this community and do nor know the hard limes that we have faced, (agree ' with the teacher who spoke up earlier. Many members of this community are unemployed I and are struggling to get by. Ir\!prescnl many ofthos¢ who could not be here tonight because : thcy have 10 work double shifts to cam enough money to support their families. We don't ~ have a coalition, but our voices should matter. Not only will a Big-Mart ofter cheap prices, it : will provide johs 10 those of us who haye not been able to get back on our f~t since Ihe plant , closed. Families like the Lindsers and lhe Davidsons see Big-Man ac; a threat, hut the rna-

: jorilY of the residents of VanWood welcome it with open arms." "Pius," Sherrie said, "I would also like to speak as a representative for the growing

number of senior citizens in VanWood. Many of us have 10 make a daily choice between food and medicine. Big-Mart has off«:redprescription drugs for under $10 per month. Also, ; .there is talk of Big-Mart moving on to Frcmming. If the siore is coming 10 our area anyway, l...._._----- .. __ . . _-_._ _ - .._._---_._-_ .. - _ _- - ",- - --- ..

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~ may as well benefit from it being located in VanWood. Quit playing politics-we need IRs-Mart_" After the testimony of Mr. Sherrie. Councilman McGl!C brought the town meet- ~ to a close, In the end, the city council and the zoning commission must decide whether or not to take the steps necessary to approve the Big-Mart proposal.

Conclusion

Which voices do you Ihink they will listen to? Why? How do you think this case would play out? In many ways. this case is symbolic of key contemporary social problems in- duding corporate responsibility. health care, the environment. and the rising income gap between the rich and the poor. In other ways, this is a particular, small-scale, local issue dealing with local problems and factors unique to this situation. The tWO sides give op- posing "facts" and make conflicting truth claims.' As a policy analyst. you will be forced 10 confront similar issues. It may be your job to attempt to develop policy solutions and a policy process. Nobody said it would be easy. did they?

Questions to Consider

;

I. Complete: a stakeholder analysis. and identify the many interests in this CIISC. As you work on this. note thai competing interest groups and individuats frequently present aliernatives in strategically convenient and often dualistic terms. How docs each group define the prob- lem? What stories are they telling? How docs this reflect their values, imcrcsrs, and power?

2. Which view of power and democracy shaped your stakeholder analysis? For example. what groups did you include or exclude?

3. What linking mechanisms are utilized by each group? Can you identify backward loops in the process?

4. Whal strategies (political means) will likely be uulized by the key players? 5. Can you create a win-win policy thai would recognize the interests of all ofthosc involved" 6. What son of policy process. if any. is needed next" What is your role. as a policy analyst •

in (hat process? .

:Allhough a fictional case. for an interesting anrcte on the issues confronted when conducting research on the effects of big-box chains. sec: "What I~ the Local Wal-Man fjfect?" by Michael J. Hicl.:.~ in the economic Developrnenr Journal (Summer 2006): 23-31. For mon: infonnalion on big-box chains and the battles being fou~hl all over the country, visi: tbese sues lhal focus auenuon on Wat-Man in particular. As in the c:l.<;C. we h.'vt 811emptcd to allow ooth sides of the debate [0 telliocir story through these sources. Additionally. \,I'e SUf.gcst two DVI)s that uddress the wpic from opposite sides: "\Val·Man: The High Cost of Low Price" (200:1) and "Why Wal·MW'1 Wort.~ and Why .his Makes Some People C-R-A-Z- Y" (200:1)

www.walm:lI1foundatlon.org www.walmanwatch.colII www.walmar1facts.com www.wakcupwalril:ut.com w\,l·w.phs.orf/wgbhlpagcsl(rontlinelshOVo·slwallllanl

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