The Town Crier - Legislative Backgrounder

On Tuesday Governor Murphy signed Executive Order 152  raising limits on outdoor and indoor gatherings. This Executive Order took effect immediately.

For indoor gatherings, whether on public or private property, the order:

• Limits the gathering to 25% of the room capacity in which the event is taking place. However, it can be no larger than 50 people or smaller than 10 people.

• Requires face coverings by attendees at all times, unless doing so would inhibit the individual’s health or a child under 2 years old. For those organizing or maintaining the gathering, they must wear face-covering whenever feasible and when they are within 6 feet of another individual.

• Requires attendees to be 6 feet apart from other attendees at all times and there may be no contact between attendees. This requirement does not apply to immediate family members, caretakers, household members, or romantic partners as well as a limited number of individuals organizing or maintaining the gathering.

• Exempts indoor gatherings of less than 10 people from the requirements, however, face coverings must be worn.

• Requires individuals organizing or maintaining the gathering, if applicable, to demarcate 6 feet of spacing in the area of the gathering.

• Prohibits the sharing of any physical items, including equipment, by multiple attendees of the same gathering unless such physical items are sanitized before and after use by different individuals. This requirement does not apply to immediate family members, caretakers, household members or romantic partners.

• Suggest that contactless options for pre-payment or donations be offered if the gathering requires payment or seeks donations of any kind.

• Please note that  Governor Murphy noted during his daily briefing  that this Executive Order does not include indoor dining.  

For outdoor gatherings, whether on public or private property, the order:

• Limits outdoor gatherings to 100 persons or fewer.  In his remarks, the Governor noted that he anticipates increasing the limits on outdoor gatherings to 250 people on June 22, and to 500 people on July 3.

• Requires all attendees to be 6 feet apart at the gathering. This requirement does not apply to immediate family members, caretakers, household members, or romantic partners as well as a limited number of individuals organizing or maintaining the gathering.

• Prohibits contact between attendees. This requirement does not apply to immediate family members, caretakers, household members or romantic partners as well as a limited number of individuals organizing or maintaining the gathering.

• Requires individuals organizing or maintaining the gathering, if applicable, to demarcate 6 feet of spacing in the area of the gathering.

• Prohibits the sharing of any physical items, including equipment, by multiple attendees of the same gathering unless such physical items are sanitized before and after use by different individuals. This requirement does not apply to immediate family members, caretakers, household members or romantic partners.

• If the gathering is less than 25 people the requirements above do not apply except for the face coverings.  In addition, if the outdoor gathering is a religious service or political activity, such as a protest, the above requirements do not apply.

• Open-air rain tarps, tents and other outdoor structures are allowed solely for the purpose of protecting against foul weather or for shade.

• Face coverings should be worn at all times where other social distancing measures are difficult to maintain.

• Requires face coverings by attendees at all times where other social distancing measures are difficult to maintain, unless doing so would inhibit the individual’s health or a child under 2 years old.

• Suggests that contactless options for pre-payment or donations be offered if the gathering requires payment or seeks donations of any kind.

• No individual is to be considered when calculating the total number of attendees at any time in which that individual is in a vehicle so long as that vehicle is either closed (windows, doors, sunroofs are closed) or is more than 6 feet away from any other vehicle or individual.

For both indoor and outdoor gatherings the order:

• Does not prevent an individual at a gathering from coming within 6 feet of another person, coming into contact with another person, going indoors, or leaving their vehicles if done to protect their health or safety or the health or safety of another individual.

• Does not prevent a person at a gathering from momentarily removing their mask to place or receive an item in the mouth such as food or beverage.

• Gatherings authorized by this order are permitted at State parks and forests, county and municipal parks, public and private beaches, boardwalks, lakes, and lakeshores.  Counties and municipalities may impose additional restrictions at county and municipal parks in response to COVID-19. Parking at state facilities is reopened to their full maximum capacity and county and municipal facilities may open to their full maximum capacity.

Contact:  Lori Buckelew, Sr. Legislative Analyst, lbuckelew@njlm.org, 609-695-3481 x112.