EXECUTIVE ORDER NO. 104

WHEREAS, through Executive Order No. 102, which I signed on

February 3, 2020, I created the State’s Coronavirus Task Force,

chaired by the Commissioner of the New Jersey Department of Health

(“DOH”), in order to coordinate the State’s efforts to appropriately

prepare for and respond to the public health hazard posed by

Coronavirus disease 2019 (“COVID-19”); and

WHEREAS, in light of the dangers posed by COVID-19, I issued

Executive Order No. 103 (2020) on March 9, 2020, the facts and

circumstances of which are adopted by reference herein, which declared

both a Public Health Emergency and State of Emergency; and

WHEREAS, in accordance with N.J.S.A. App. A:9-34 and -51, I

reserved the right to utilize and employ all available resources of

State government to protect against the emergency created by COVID-

19; and

WHEREAS, in accordance with N.J.S.A App. A:9-40, I declared

that, due to the State of Emergency, no municipality, county, or any

agency or political subdivision of this State shall enact or enforce

any order, rule, regulation, ordinance, or resolution which will or

might in any way conflict with any of the provisions of my Executive

Orders, or which will in any way interfere with or impede their

achievement; and

WHEREAS, on March 11, 2020, COVID-19 was declared to be a global

pandemic by the World Health Organization; and

WHEREAS, on March 13, 2020, the President of the United States

declared a national emergency pursuant to his constitutional and

statutory powers, including those granted by Sections 201 and 301 of

the National Emergencies Act (50 U.S.C. § 1601, et seq.) and

consistent with Section 1135 of the Social Security Act, as amended

(42 U.S.C. § 1320b-5); and

WHEREAS, the President of the United States also determined on

March 13, 2020, that the COVID-19 pandemic was of sufficient severity

and magnitude to warrant an emergency determination under Section

501(b) of the Robert T. Stafford Disaster Relief and Emergency

Assistance Act, 42 U.S.C. § 5121-5207; and

WHEREAS, as of March 16, 2020, according to the Centers for

Disease Control and Prevention (“CDC”), there were more than 130,000

confirmed cases of COVID-19 worldwide, with over 6,500 of those cases

having resulted in death; and

WHEREAS, as of March 16, 2020, there were more than 4,900

confirmed cases of COVID-19 in the United States, with 67 of those

cases having resulted in death; and

WHEREAS, as of March 16, 2020, there were 178 positive cases of

COVID-19 in New Jersey, spread across numerous counties; and

WHEREAS, social mitigation strategies for combatting COVID-19

requires every effort to reduce the rate of community spread of the

disease; and

WHEREAS, as of March 15, 2020, the CDC recommends that for the

next eight weeks, gatherings of 50 or more people be canceled or

postponed throughout the United States; and

WHEREAS, public and private preschool programs, elementary and

secondary schools, and institutions of higher education are locations

where significant numbers of students, educators, and support staff

gather, often in close proximity in classrooms, hallways, cafeterias,

and gymnasiums; and

WHEREAS, suspending in-person preschool programs, K-12

education, and in-person instruction at institutions of higher

education are part of the State’s mitigation strategy to combat COVID-

19 and reduce the rate of community spread; and

WHEREAS, my Administration is committed to ensuring that all

students will continue to have access to a quality education, in

addition to school meals that are provided or subsidized for students

from low-income families; and

WHEREAS, casinos, racetracks, gyms, fitness centers, movie

theaters, performing arts centers, other concert venues, nightclubs,

and other entertainment centers, which are vital to the economic

health of the State, are also locations where large numbers of

individuals gather in close proximity; and

WHEREAS, many individuals also come into contact with common

surfaces at gyms, fitness centers, and other entertainment centers;

and

WHEREAS, suspending operations at these businesses is part of

the State’s mitigation strategy to combat COVID-19 and reduce the

rate of community spread; and

WHEREAS, even on casino floors, where slot machines or other

casino games may be several feet apart, many individuals come into

contact with common surfaces; and

WHEREAS, in contrast to gaming at brick-and-mortar facilities,

online gaming provides a safe mode of entertainment during a time

when physical proximity to other individuals can be dangerous; and

WHEREAS, the CDC has advised that COVID-19 spreads most

frequently through person-to-person contact when individuals are

within six feet or less of one another; and

WHEREAS, as a result, the CDC has recommended that individuals

practice “social distancing” to prevent community spread of the virus;

and

WHEREAS, the CDC has defined social distancing as the practice

of “remaining out of congregate settings, avoiding mass gatherings,

and maintaining distance (approximately 6 feet or 2 meters) from

others when possible”; and

WHEREAS, bars and restaurants are locations where significant

numbers of individuals gather in close proximity, making adherence

to social distancing protocols impossible or impracticable; and

WHEREAS, to mitigate community spread of COVID-19, it is

necessary to limit the unnecessary movement of individuals in and

around their communities and person-to-person interactions in

accordance with CDC and DOH guidance; and

WHEREAS, on March 15, 2020, the Director of the National

Institute of Allergy and Infectious Diseases, Dr. Anthony Fauci,

called for “a dramatic diminution of the personal interaction that

we see in restaurants and in bars,” and recommended pursuing

“[w]hatever it takes to do that”; and

WHEREAS, the provision of take-out and delivery services do not

pose the same danger of widespread person-to-person contact while

still preserving necessary food delivery services for New Jersey

residents; and

WHEREAS, narrowing scope of service or hours of operation for

restaurants and certain retail establishments permits individuals to

access food, clothing, and other essential materials while also

limiting unnecessary person-to-person contact; and

WHEREAS, it is critical to ensure that law enforcement

resources, particularly those that might otherwise be required to

respond to late-night incidents, not be unnecessarily diverted from

responding to COVID-19 related issues and maintaining public safety;

and

WHEREAS, the Constitution and statutes of the State of New

Jersey, particularly the provisions of N.J.S.A. 26:13-1 et seq.,

N.J.S.A. App. A: 9-33 et seq., N.J.S.A. 38A:3-6.1, and N.J.S.A. 38A:2-

4 and all amendments and supplements thereto, confer upon the Governor

of the State of New Jersey certain emergency powers, which I have

invoked;

NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of

New Jersey, by virtue of the authority vested in me by the

Constitution and by the Statutes of this State, do hereby ORDER and

DIRECT:

1. All gatherings of persons in the State of New Jersey shall

be limited to 50 persons or fewer, excluding normal operations at

airports, bus and train stations, medical facilities, office

environments, factories, assemblages for the purpose of industrial

or manufacturing work, construction sites, mass transit, or the

purchase of groceries or consumer goods.

2. All public, private, and parochial preschool program

premises, and elementary and secondary schools, including charter and

renaissance schools, shall be closed to students beginning on

Wednesday, March 18, 2020, and shall remain closed as long as this

Order remains in effect.

3. All institutions of higher education shall cease in-person

instruction beginning on Wednesday, March 18, 2020, and shall cease

such in-person instruction as long as this Order remains in effect.

The Secretary of the Office of Higher Education shall have the

authority to grant a waiver to allow in-person instruction to students

on a case-by-case basis where a compelling rationale to allow such

access exists. The Secretary of the Office of Higher Education shall

coordinate with institutions of higher education to determine

appropriate student housing conditions for those students who reside

in on-campus housing as their primary residence.

4. The Commissioner of the Department of Education (“DOE”),

in consultation with the Commissioner of DOH, shall be authorized to

permit schools to remain open on a limited basis for the provision

of food or other essential, non-educational services, or for

educational or child care services if needed in emergency situations

after consultation with the Commissioner of DOH. The Commissioner

of DOE shall also have the authority to close any other career or

training facilities over which he has oversight, after consultation

with the Commissioner of DOH.

5. The Commissioner of DOE shall continue working with each

public school district, and private and parochial schools as

appropriate, to ensure that students are able to continue their

educations during this time period through appropriate home

instruction. Local school districts, charter schools, and

renaissance schools, in consultation with the Commissioner of DOE,

shall have the authority and discretion to determine home instruction

arrangements as appropriate on a case-by-case basis to ensure all

students are provided with appropriate home instruction, taking into

account all relevant constitutional and statutory obligations.

6. The Secretary of the Department of Agriculture, in

conjunction with the Commissioner of DOE, shall take all necessary

actions to ensure that all students eligible for free or reduced

meals shall continue to receive the services or supports necessary

to meet nutritional needs during closures.

7. The following facilities are ordered closed to members of

the public, effective 8:00 p.m. on Monday, March 16, 2020. These

facilities are to remain closed to the public for as long as this

Order remains in effect. The State Director of Emergency Management,

who is the Superintendent of State Police, shall have the discretion

to make additions, amendments, clarifications, exceptions, and

exclusions to this list:

a. Casino gaming floors, including retail sports

wagering lounges, and casino concert and

entertainment venues. Online and mobile sports and

casino gaming services may continue to be offered

notwithstanding the closure of the physical facility.

b. Racetracks, including stabling facilities and retail

sports wagering lounges. Mobile sports wagering

services may continue to be offered notwithstanding

the closure of the physical facility.

c. Gyms and fitness centers and classes.

d. Entertainment centers, including but not limited to,

movie theaters, performing arts centers, other

concert venues, and nightclubs.

8. Other non-essential retail, recreational, and

entertainment businesses must cease daily operations from 8:00 p.m.

until 5:00 a.m.. From 5:00 a.m. until 8:00 p.m., these businesses

may remain open if they limit their occupancy to no more than 50

persons and adhere to social distancing guidelines. Examples of

essential businesses excluded from this directive include:

grocery/food stores, pharmacies, medical supply stores, gas stations,

healthcare facilities and ancillary stores within healthcare

facilities. The State Director of Emergency Management, who is the

Superintendent of State Police, shall have the discretion to make

additions, amendments, clarifications, exceptions, and exclusions to

the list of essential businesses and to the timelines applicable to

operating hours.

9. All restaurants, dining establishments, and food courts,

with or without a liquor license, all bars, and all other holders of

a liquor license with retail consumption privileges, are permitted

to operate their normal business hours, but are limited to offering

only food delivery and/or take-out services. If alcoholic beverages

are to be sold from a restaurant, dining establishment or bar with a

liquor license, such sales shall be limited to original containers

sold from the principal public barroom. All retail sales of alcoholic

beverages by limited brewery licensees, restricted brewery licensees,

plenary and farm winery licensees (and associated salesrooms), craft

distillery licensees and cidery and meadery licensees must be in

original containers and must be delivered by licensed entities and/or

by customer pick up.

10. In accordance with N.J.S.A. App. A:9-33, et seq., as

supplemented and amended, the State Director of Emergency

Management, who is the Superintendent of State Police, through

the police agencies under his control, to determine and control the

direction of the flow of vehicular traffic on any State or

interstate highway, municipal or county road, and any access road,

including the right to detour, reroute, or divert any or all traffic

and to prevent ingress or egress from any area that, in the State

Director’s discretion, is deemed necessary for the protection of

the health, safety, and welfare of the public, and to remove parked

or abandoned vehicles from such roadways as conditions warrant.

11. The Attorney General, pursuant to the provisions of

N.J.S.A. 39:4-213, shall act through the Superintendent of State

Police, to determine and control the direction of the flow of

vehicular traffic on any State or interstate highway, municipal or

county road, and any access road, including the right to detour,

reroute, or divert any or all traffic, to prevent ingress or egress,

and to determine the type of vehicle or vehicles to be operated on

such roadways. I further authorize all law enforcement officers to

enforce any such order of the Attorney General or Superintendent of

State Police within their respective municipalities.

12. No municipality, county, or any other agency or political

subdivision of this State shall enact or enforce any order, rule,

regulation, ordinance, or resolution which will or might in any way

conflict with any of the provisions of this Executive Order, or which

will in any way interfere with or impede its achievement.

13. It shall be the duty of every person or entity in this

State or doing business in this State and of the members of the

governing body and every official, employee, or agent of every

political subdivision in this State and of each member of all other

governmental bodies, agencies, and authorities in this State of any

nature whatsoever, to cooperate fully in all matters concerning this

Executive Order.

14. Penalties for violations of this Executive Order may be

imposed under, among other statutes, N.J.S.A. App. A:9-49 and -50.

15. This Order shall take effect immediately and shall remain

in effect until revoked or modified by the Governor, who shall consult

with the Commissioner of DOH as appropriate.

GIVEN, under my hand and seal this

16th day of March,

Two Thousand and Twenty, and of

the Independence of the United

States, the Two Hundred and

Forty-Fourth.

[seal] /s/ Philip D. Murphy

Governor

Attest:

/s/ Matthew J. Platkin

Chief Counsel to the Governor