Response to Mr. Gruendl RE: Walmart Expansion

Dear Mr. Gruendl,

During the city council meeting on 29 September 2009, in which you denied Wal-Mart’s petition to expand, your reasoning seemed to be that, even though Wal-Mart jumped through the necessary hoops required to receive approval, they did not go “above and beyond” like Costco. I assumed this is the major basis for your “no” vote because you repeatedly mentioned it throughout the meeting. You are trying to require them to go above and beyond the minimum requirements, which make it appear that you are changing the requirements. Who is to say you won’t just do it again next time because; once again, they are no longer “above and beyond” what you are requiring of them?

One of the additional requirements you are now attempting to force upon Wal-Mart is a $1 million wood stove swap-out program for low-income families. When you vocalized this, many shouts of “black mail” and “extortion” were heard amongst the audience members. You did correct us, albeit without evidence or explanation, that it is not, in fact, black mail. On this point I will be among the first to agree with you. According to one online law dictionary, black mail is defined as “the crime of threatening to reveal embarrassing, disgraceful or damaging facts (or rumors) about a person to the public, family, spouse or associates unless paid off to not carry out the threat”. Extortion, on the other hand, is defined as “The obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right. Under the Common Law, extortion is a misdemeanor consisting of an unlawful taking of money by a government officer. It is an oppressive misuse of the power with which the law clothes a public officer”. So, Mr. Gruendl, my question to you is, how is your stance of “I will only approve the expansion if you do these extra things, including paying $1 million” not extortion?

Thank you,

Dave Hale
CC: Chico City Council members, Chico ER, Chico News & Review, The Orion, KNVN 24 Action News