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CVS Battles Community Resistance Coast-to-Coast

CVS Battles Community Resistance Coast-to-Coast
Thu, 1/17/2013 - by Shepherd Bliss

Illustration: Barry Chertov

Cities from the East Coast to the West continue to resist the countrywide expansionist plans of CVS, the largest pharmacy in the United States. And in a recent victory for community members in one of America's most historic cities, CVS abandoned plans to open a store in Nantucket, Massachusetts, bowing to pressure from a petition with over 4,500 signatures.

The petition, started by family physician Greg Hinson in November, was bolstered by an article that appeared in the Nantucket Chronicle. In it, writer Georgia Raysman contended it would be “the end of Nantucket as a unique American place” if CVS replaced the closed Grand Union grocery store.

“Local pharmacies, local toy stores, local sellers of sundries - all will suffer from CVS’s presence," Raysman wrote, and "everyone’s livelihood out here” would be threatened.

In Lexington, Kentucky, a controversial downtown CVS project was also defeated due to public pressure. Instead, a three-story mixed-use building was decided upon. Further south, “Residents Tell CVS 'Not Here,’” headlined an article that ran in late 2010 in the Carrboro Citizen, reflecting on the North Carolina town's ongoing struggle to prevent CVS from moving downtown from another site. “We’re not anti-CVS, we’re just against it right there in downtown,” homeowner Richard Jaimeyfield said.

“This is not the right spot for the highest volume CVS in the state,” added resident Jeff Herrick.

And the list goes on. In Byram, New Jersey, CVS plans to raze a 200-year-old landmark. In Dundee, Nebraska, CVS seeks to raze 75% of an historic neighborhood. A pattern of CVS has become apparent: the company will stop at nothing to locate itself at key downtown intersections, thus maximizing sales at the expense of safety, traffic, historical, and other concerns of locals.

CVS has 7,400 stores and plans for more. Though less than the 8,000 drugstores Walgreens boasts, its competitor “posted just half the earnings of CVS in the third quarter of 2012,” reports Washington Post columnist Petula Dvorak, who describes CVS as a “voracious retail monster” that “has been taking over America.” D.C.’s Woodley Park is one of the many communities resisting CVS.

Meanwhile, near the Northern California coast, small-town Sebastopol in Sonoma County has been struggling against CVS and its frequent partner, JP Morgan/Chase, the U.S.’s largest bank, since 2009. The corporate pair want to move from the edge of town to an abandoned car dealership located in the downtown core. Community opposition has been fierce and a petition was launched at the same Change.org site that won the Nantucket victory.

Sebastopol’s town slogan “Local Flavor, Global Vision” is hardly exemplified by CVS; the company simply does not fit into a unique, sustainable downtown. “A wide majority of Sebastopolians believed that the CVS project was bad for local business, traffic and ecology,” Jonathan Greenberg said in the Press Democrat. “We voted accordingly, electing two candidates who vigorously opposed the project.”

So on Christmas Eve, in a Scrooge-like action, CVS served a lawsuit on the city. By a unanimous 5-to-0 decision on December 18, the council agreed to a 45-day emergency moratorium on all new drive-thrus in town. Wanting two drive-thrus, CVS felt targeted, and contends that the ordinance is “arbitrary, capricious, and an abuse of discretion.” Sebastopol has 30 days to respond.

“We’re not trying to stop CVS,” attorney and acting city manager Larry McLaughlin said. “We are studying the issue of drive-thrus in general.” The city is not proposing a ban.

A determined McLaughlin felt that Sebastopol was likely to win the lawsuit. “California laws give long-standing support to the study of issues such as drive-thrus. The courts give deference to municipalities for such moratoriums.” Sebastopol already bans drive-thru restaurants. However, it may cost Sebastopol up to $100,000 to defend itself; this disturbs many residents, who would prefer that such funds be used to support city services.

Sebastopol is also currently studying what Nantucket already has in place - a ban on “formula businesses.” Chain stores are already regulated nearby, including in the cities of Calistoga and Sonoma.

“Our town wants to maintain its unique, small-town identity,” observed recently-elected Vice-Mayor Robert Jacob. Sebastopol is also considering a solar energy requirement for new homes and businesses. Many residents favor getting beyond an auto-centric approach to transportation and supporting more walking, biking, trains, and public transit.

"This same unfortunate scenario is playing out across the country,” according to Abraham Entin of Move to Amend, a nationwide organization that is gathering support to propose a constitutional amendment that overturns Citizens United by declaring corporations are not people and money is not speech.

"The issue ultimately comes down to the power giant corporations have over government on every level. Even when local governments try to defy them, corporations exert their ‘constitutional rights’ to thwart the will of humans and their elected representatives. We need to make it clear via an Amendment that it is only 'natural persons' who have rights, not artificial entities such as corporations.”

A peaceful informational picket by various community groups, including Occupy Sebastopol, has been organized for the afternoon of January 19 at the current location of CVS and Chase in the town’s only shopping center, the Redwood Market. “It takes a village to stop CVS,” Thomas Morabito said outside Occupy Sebastopol’s remaining tent, which still stands in the plaza.

The picket was announced on WaccoBB.net, a local online bulletin board with over 10,000 subscribers and many other readers. Long-time activist Dian Hardy responded, “I plan to be there and will bring my cut-up CVS card to present to the store.”

“My concern is that CVS/Chase would be too close to our only hospital,” said nurse Eileen Morabito. “I’ve watched ambulances trying to get through that busy corner being delayed. With two drive-thrus the delays would be greater and could be a matter of life or death.”

“We support community need," she added, "not corporate greed.”

"I haven't seen anything that has stirred up such deep, widespread and persistent emotion as the CVS/Chase project,” says Barry Chertov, founder and moderator of WaccoBB.net. "There's been over 500 posts on the topic so far. It's understandable, as it feels like an invasion of corporate raiders outfitted in a generic suburban development in the middle of our beloved downtown that will export our wealth and create major traffic issues."

The protest also marks a renewed chance for other regional Occupy groups - four in Sonoma County alone - to develop a coordinated response as they return to action in 2013.

“CVS has shown with this lawsuit that they are a corporate bully,” said Tim Nonn of Occupy Petaluma. “This protest will be a test case for a coordinated county-wide action. Perhaps we could have actions against other CVS stores in Sonoma County.”

CVS has been trying since 2009 to receive the permissions it needs, but still lacks various demolition, building, traffic, and design permissions and permits necessary to go forward. The company has been widely seen as combative and arrogant with the city and its residents as it tries to bully its way into downtown.

The embattled CVS has been sued and continues to be sued in numerous cities coast-to-coast, by government regulators and by its own employees and customers. The pharmacy giant settled a lawsuit this year for $13.75 million, accused of violating California toxic disposal laws, in a suit that included more than 40 California DAs and city attorneys.

The charges were for failures regarding safe storage, handling and disposing of sharps waste, pharmaceutical and pharmacy waste, photo waste containing silver, and hazardous waste generated from spills and customer returns of hazardous products.

The Rhode Island-based company settled another suit last year, filed by assistant store managers who accused it of improper payment, by paying $34 million. CVS has settled other large suits in Florida, Connecticut, Texas and elsewhere.

Meanwhile, back in Sebastopol, opposition remains strong. “Big corporations take away our money and our spirit. They use money and power to squash small town intimacy,” said resident Sharon Kaiser.

“This is incredibly selfish. A lawsuit is not the way to make friends and customers. What do they gain from suing? It sounds malicious and feels abusive. It is not constructive but feels like punishment. Maybe CVS should ask why there is so much resentment against them,” said another resident, Gabrielle Albright.

“This is a people power versus corporate power issue. CVS has more money than Sebastopol,” said a third, Bruce Rhodes.

And resident Peggy Karp added: “The contempt for environmental concerns is typical of the corporate mentality, whose only concern is the bottom line. I’m happy that Sebastopol is pushing back.”

Shepherd Bliss teaches college and farming, and has contributed to two dozen books. He can be reached at 3sb@comcast.net.

 

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