`FILED: ERIE COUNTY CLERK 07/22/2021 02:57 PM
`NYSCEF DOC. NO. 69
`NYSCEF DOC. NO. 69
`
`INDEX NO. 801838/2020
`INDEX NO. 801838/2020
`RECEIVED NYSCEF: 07/22/2021
`RECEIVED NYSCEF: 07/22/2021
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`
`
`
`
`
`EXHIBIT C
`EXHIBIT C
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`
`
`FILED: ERIE COUNTY CLERK 07/22/2021 02:57 PM
`NYSCEF DOC. NO. 69
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`INDEX NO. 801838/2020
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`RECEIVED NYSCEF: 07/22/2021
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`EXECUTIVE ORDER NO. 107
`
`
`
`WHEREAS, through Executive Order No. 102 (2020), 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, to further protect the health, safety, and welfare
`
`of New Jersey residents by, among other things, reducing the rate
`
`of community spread of COVID-19, I issued Executive Order No. 104
`
`(2020) on March 16, 2020, the facts and circumstances of which are
`
`also adopted by reference herein, which established statewide
`
`social mitigation strategies for combatting COVID-19; and
`
`
`
`
`
`
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`FILED: ERIE COUNTY CLERK 07/22/2021 02:57 PM
`NYSCEF DOC. NO. 69
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`INDEX NO. 801838/2020
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`RECEIVED NYSCEF: 07/22/2021
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`
` 2
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`
`
`
`
`WHEREAS, Executive Order No. 104 (2020) limited the scope of
`
`service and hours of operation for restaurants and certain retail
`
`establishments to balance the need to allow individuals to access
`
`food and other essential materials with the need to limit
`
`unnecessary person-to-person contact; and
`
`WHEREAS, Executive Order No. 104 (2020) deemed a subset of
`
`businesses as “essential,” including grocery/food stores,
`
`pharmacies, medical supply stores, gas stations, healthcare
`
`facilities, and ancillary stores within healthcare facilities, and
`
`it authorized the State Director of Emergency Management, who is
`
`the Superintendent of State Police, to make additions, amendments,
`
`clarifications, exceptions, and exclusions to that list; and
`
`WHEREAS, Executive Order No. 104 (2020) made clear that such
`
`essential businesses may continue operating without limits on
`
`their scope of service or hours of operation, absent further
`
`amendments by the State Director of Emergency Management; and
`
`WHEREAS, Executive Order No. 104 (2020) and subsequent
`
`Administrative Orders issued by the State Director of Emergency
`
`Management also placed restrictions on other businesses’ scope of
`
`service and hours of operation, and also placed restrictions on
`
`the size of gatherings in the State; and
`
`WHEREAS, as of March 20, 2020, according to the Centers for
`
`Disease Control and Prevention (“CDC”), there were more than
`
`234,000 confirmed cases of COVID-19 worldwide, with over 9,800 of
`
`those cases having resulted in death; and
`
`WHEREAS, as of March 20, 2020, there were more than 15,000
`
`confirmed cases of COVID-19 in the United States, with at least
`
`201 of those cases having resulted in death; and
`
`WHEREAS, as of March 20, 2020, there were at least 890
`
`positive cases of COVID-19 in New Jersey, with at least 11 of those
`
`cases having resulted in death; and
`
`
`
`
`
`
`
`FILED: ERIE COUNTY CLERK 07/22/2021 02:57 PM
`NYSCEF DOC. NO. 69
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`INDEX NO. 801838/2020
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`RECEIVED NYSCEF: 07/22/2021
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`
`
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`
` 3
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`
`
`
`
`WHEREAS, social mitigation strategies for combatting COVID-
`
`19 require every effort to reduce the rate of community spread of
`
`the disease; 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, 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, the best way for New Jersey residents to keep
`
`themselves, their families, and their communities safe during the
`
`COVID-19 outbreak is to stay at home as much as possible; 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, as of March 16, 2020, the White House went further
`
`than the CDC had and recommended that Americans avoid social
`
`gatherings in groups of more than 10 people; and
`
`WHEREAS, restricting the physical presence of individuals in
`
`office environments and work sites is critical to preventing future
`
`spread of COVID-19; and
`
`
`
`
`
`
`
`FILED: ERIE COUNTY CLERK 07/22/2021 02:57 PM
`NYSCEF DOC. NO. 69
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`INDEX NO. 801838/2020
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`RECEIVED NYSCEF: 07/22/2021
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`
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` 4
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`
`
`
`
`WHEREAS, accommodating work-from-home arrangements is an
`
`effective means to ensure continuity of operations while also
`
`limiting person-to-person contact; and
`
`WHEREAS, the CDC has recommended employers to establish
`
`policies and practices to increase the physical distance among
`
`employees and between employees; and
`
`WHEREAS, permitting the workforce to work from home may reduce
`
`stress on the State’s child care system; and
`
`WHEREAS, as of March 19, 2020, I have instructed all State
`
`departments and agencies to utilize work-from-home arrangements
`
`for both essential and non-essential employees wherever feasible;
`
`and
`
`WHEREAS, given the rapidly rising incidence of COVID-19,
`
`temporarily closing non-essential retail businesses will
`
`strengthen New Jersey’s efforts to slow the spread of COVID-19;
`
`and
`
`WHEREAS, even as we institute social distancing measures, the
`
`number of COVID-19 cases in New Jersey is likely to increase for
`
`the immediate future, meaning we must take all possible steps to
`
`preserve our health care system’s capacity to treat those who
`
`require emergency or intensive care; 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:
`
`
`
`
`
`
`
`FILED: ERIE COUNTY CLERK 07/22/2021 02:57 PM
`NYSCEF DOC. NO. 69
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`INDEX NO. 801838/2020
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`RECEIVED NYSCEF: 07/22/2021
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`
`
`
`
` 5
`
`
`
`1.
`
`The operative paragraphs of Executive Order No. 104
`
`
`
`(2020) are hereby superseded in full. The factual findings of
`
`Executive Order No. 104 (2020) remain applicable except to the
`
`extent they are in conflict with the factual findings in this or
`
`any intervening Executive Order.
`
`2.
`
`All New Jersey residents shall remain home or at their
`
`place of residence unless they are 1) obtaining goods or services
`
`from essential retail businesses, as described in Paragraph 6; 2)
`
`obtaining takeout food or beverages from restaurants, other dining
`
`establishments, or food courts, pursuant to Paragraph 8; 3) seeking
`
`medical attention, essential social services, or assistance from
`
`law enforcement or emergency services; 4) visiting family or other
`
`individuals with whom the resident has a close personal
`
`relationship, such as those for whom the individual is a caretaker
`
`or romantic partner; 5) reporting to, or performing, their job; 6)
`
`walking, running, operating a wheelchair, or engaging in outdoor
`
`activities with immediate family members, caretakers, household
`
`members, or romantic partners while following best social
`
`distancing practices with other individuals, including staying six
`
`feet apart; 7) leaving the home for an educational, religious, or
`
`political reason; 8) leaving because of a reasonable fear for his
`
`or her health or safety; or 9) leaving at the direction of law
`
`enforcement or other government agency.
`
`3.
`
`When in public, individuals must practice social
`
`distancing and stay six feet apart whenever practicable, excluding
`
`immediate family members, caretakers, household members, or
`
`romantic partners.
`
`4.
`
`Individuals who have to travel pursuant to Paragraph 2
`
`should only use public transportation only if they have no other
`
`feasible choice. Individuals who ride public transportation
`
`should abide by best social distancing practices, including making
`
`
`
`
`
`
`
`FILED: ERIE COUNTY CLERK 07/22/2021 02:57 PM
`NYSCEF DOC. NO. 69
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`INDEX NO. 801838/2020
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`RECEIVED NYSCEF: 07/22/2021
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`
`
` 6
`
`
`
`
`
`
`all efforts to stand or sit six feet away from other riders and
`
`frequently use sanitizing products.
`
`5.
`
`Gatherings
`
`of
`
`individuals,
`
`such
`
`as
`
`parties,
`
`celebrations, or other social events, are cancelled, unless
`
`otherwise authorized by any part of this Order. The State Director
`
`of Emergency Management, who is the Superintendent of the State
`
`Police, shall have the discretion to make clarifications and issue
`
`orders related to this provision.
`
`6.
`
`The brick-and-mortar premises of all non-essential
`
`retail businesses must close to the public as long as this Order
`
`remains in effect. Essential retail businesses, listed below, are
`
`excluded from this directive and may remain open during their
`
`normal business hours. Essential retail businesses must, wherever
`
`practicable, provide pickup services outside or adjacent to their
`
`stores for goods ordered in advance online or by phone.
`
`Additionally, online and telephonic delivery services are
`
`permitted to the extent the retail business is authorized to
`
`operate an online or telephonic delivery service under existing
`
`law. The State Director of Emergency Management, who is the
`
`Superintendent of the State Police, shall have the discretion to
`
`make additions, amendments, clarifications, exceptions, and
`
`exclusions to this list:
`
`a.
`
`Grocery stores, farmer’s markets and farms that
`
`sell directly to customers, and other food stores,
`
`including retailers that offer a varied assortment
`
`of foods comparable to what exists at a grocery
`
`store;
`
`b.
`
`Pharmacies and alternative treatment centers that
`
`dispense medicinal marijuana;
`
`Medical supply stores;
`
`Retail functions of gas stations;
`
`c.
`
`d.
`
`
`
`
`
`
`
`FILED: ERIE COUNTY CLERK 07/22/2021 02:57 PM
`NYSCEF DOC. NO. 69
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`INDEX NO. 801838/2020
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`RECEIVED NYSCEF: 07/22/2021
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`
`
`
`
` 7
`
`
`
`e.
`
`f.
`
`g.
`
`h.
`
`Convenience stores;
`
`Ancillary stores within healthcare facilities;
`
`Hardware and home improvement stores;
`
`Retail functions of banks and other financial
`
`institutions;
`
`i.
`
`Retail functions of laundromats and dry-cleaning
`
`services;
`
`j.
`
`Stores that principally sell supplies for children
`
`k.
`
`l.
`
`m.
`
`under five years old;
`
`Pet stores;
`
`Liquor stores;
`
`Car dealerships, but only to provide auto
`
`maintenance and repair services, and auto
`
`mechanics;
`
`
`
`n.
`
`Retail functions of printing and office supply
`
`shops; and
`
`o.
`
`Retail functions of mail and delivery stores.
`
`7.
`
`Any essential retail business whose brick-and-mortar
`
`premises remain open to the public shall abide by social distancing
`
`practices to the extent practicable while providing essential
`
`services. These include all reasonable efforts to keep customers
`
`six feet apart and frequent use of sanitizing products on common
`
`surfaces.
`
`8.
`
`All restaurants, cafeterias, 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 in accordance with their existing liquor licenses. If
`
`alcoholic beverages are to be sold from a restaurant, dining
`
`establishment or bar with a liquor license, such sales shall be
`
`
`
`
`
`
`
`FILED: ERIE COUNTY CLERK 07/22/2021 02:57 PM
`NYSCEF DOC. NO. 69
`
`INDEX NO. 801838/2020
`
`RECEIVED NYSCEF: 07/22/2021
`
`
`
` 8
`
`
`
`
`
`
`limited to original containers sold from the principal public
`
`barroom. The on-premises consumption of alcohol is prohibited.
`
`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 sold through customer pick up and/or delivered by
`
`licensees in accordance with their existing licenses.
`
`9.
`
`All recreational and entertainment businesses, including
`
`but not limited to the following list, must close to the public 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.
`
`d.
`
`Gyms and fitness centers and classes.
`
`Entertainment centers, including but not limited
`
`to, movie theaters, performing arts centers, other
`
`concert venues, and nightclubs.
`
`e.
`
`All indoor portions of retail shopping malls.
`
`Restaurants and other stores located within
`
`
`
`
`
`
`
`FILED: ERIE COUNTY CLERK 07/22/2021 02:57 PM
`NYSCEF DOC. NO. 69
`
`INDEX NO. 801838/2020
`
`RECEIVED NYSCEF: 07/22/2021
`
`
`
`
`
` 9
`
`
`
`shopping malls that have their own external
`
`entrances open to the public, separate from the
`
`general mall entrance, may remain open pursuant to
`
`the terms and directives of this Order for
`
`operating hours and takeout or food delivery
`
`services. All entrances and exits to the common
`
`area portions of retail shopping malls must remain
`
`closed.
`
`f.
`
`All places of public amusement, whether indoors or
`
`outdoors, including but not limited to, locations
`
`with amusement parks, water parks, aquariums, zoos,
`
`arcades, fairs, children’s play centers, funplexes,
`
`theme parks, bowling alleys, family and children’s
`
`attractions.
`
`g.
`
`Facilities where personal care services are
`
`performed that, by their very nature, result in
`
`noncompliance with social distancing guidelines,
`
`including but not limited to cosmetology shops;
`
`barber shops; beauty salons; hair braiding shops;
`
`nail salons;
`
`electrology facilities;
`
`spas,
`
`including day spas and medical spas, at which
`
`solely elective and cosmetic medical procedures are
`
`performed; massage parlors, tanning salons, tattoo
`
`parlors, and public and private social clubs,
`
`whether or not they serve alcohol, including but
`
`not limited to facilities owned or operated by the
`
`American Legion, Veterans of Foreign Wars, Knights
`
`of Columbus, and any other social clubs associated
`
`with community service organizations. This
`
`excludes any health facilities that provide
`
`medically necessary or therapeutic services.
`
`
`
`
`
`
`
`
`
`FILED: ERIE COUNTY CLERK 07/22/2021 02:57 PM
`NYSCEF DOC. NO. 69
`
`INDEX NO. 801838/2020
`
`RECEIVED NYSCEF: 07/22/2021
`
`
`
`
`
`10
`
`
`h.
`
`All municipal, county, and State public libraries,
`
`and all libraries and computer labs at public and
`
`private colleges and universities.
`
`10. All businesses or non-profits in the State, whether
`
`closed or open to the public, must accommodate their workforce,
`
`wherever practicable, for telework or work-from-home arrangements.
`
`For purposes of this order, “telework” means the practice of
`
`working from home or alternative locations closer to home through
`
`the use of technology that equips the individual to access
`
`necessary materials.
`
`11. To the extent a business or non-profit has employees
`
`that cannot perform their functions via telework or work-from-home
`
`arrangements, the business or non-profit should make best efforts
`
`to reduce staff on site to the minimal number necessary to ensure
`
`that essential operations can continue. Examples of employees who
`
`need to be physically present at their work site in order to
`
`perform their duties include, but are not limited to, law
`
`enforcement officers, fire fighters, and other first responders,
`
`cashiers or store clerks, construction workers, utility workers,
`
`repair workers, warehouse workers, lab researchers, information
`
`technology maintenance workers, janitorial and custodial staff,
`
`and certain administrative staff.
`
`12. All public, private, and parochial preschool program
`
`premises, and elementary and secondary schools, including charter
`
`and renaissance schools, shall remain closed to students as long
`
`as this Order remains in effect.
`
`13. All institutions of higher education shall continue to
`
`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
`
`
`
`
`
`
`
`FILED: ERIE COUNTY CLERK 07/22/2021 02:57 PM
`NYSCEF DOC. NO. 69
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`INDEX NO. 801838/2020
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`RECEIVED NYSCEF: 07/22/2021
`
`
`
`11
`
`
`
`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.
`
`14. 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.
`
`15. 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.
`
`16. 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.
`
`
`
`
`
`
`
`FILED: ERIE COUNTY CLERK 07/22/2021 02:57 PM
`NYSCEF DOC. NO. 69
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`INDEX NO. 801838/2020
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`RECEIVED NYSCEF: 07/22/2021
`
`
`
`12
`
`
`17. Nothing in this Order shall be construed to limit,
`
`
`
`prohibit, or restrict in any way the provision of health care or
`
`medical services to members of the public.
`
`18. Nothing in this Order shall be construed to limit,
`
`prohibit, or restrict in any way access to essential services for
`
`low-income residents, including but not limited to food banks.
`
`19. Nothing in this Order shall be construed to limit,
`
`prohibit, or restrict in any way the operations of newspapers,
`
`television, radio, and other media services.
`
`20. Nothing in this Order shall be construed to limit,
`
`prohibit, or restrict in any way the operations of law enforcement
`
`agencies.
`
`21. Nothing in this Order shall be construed to limit,
`
`prohibit, or restrict in any way the operations of the federal
`
`government, or the movement of federal officials in New Jersey
`
`while acting in their official capacity.
`
`22. 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.
`
`23. 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
`
`
`
`
`
`
`
`FILED: ERIE COUNTY CLERK 07/22/2021 02:57 PM
`NYSCEF DOC. NO. 69
`
`INDEX NO. 801838/2020
`
`RECEIVED NYSCEF: 07/22/2021
`
`
`
`13
`
`
`
`vehicular traffic on any State or interstate highway, municipal or
`
`county road, and any access road, including the right to detour,
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`reroute, or divert any or all traffic, to prevent ingress or
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`egress, and to determine the type of vehicle or vehicles to be
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`operated on such roadways. I further authorize all law enforcement
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`officers to enforce any such order of the Attorney General or
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`Superintendent of State Police within their respective
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`municipalities.
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`24. It shall be the duty of every person or entity in this
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`State or doing business in this State and of the members of the
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`governing body and every official, employee, or agent of every
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`political subdivision in this State and of each member of all other
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`governmental bodies, agencies, and authorities in this State of
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`any nature whatsoever, to cooperate fully in all matters concerning
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`this Executive Order.
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`25. Penalties for violations of this Executive Order may be
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`imposed under, among other statutes, N.J.S.A. App. A:9-49 and -
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`50.
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`26. This Order shall take effect on Saturday, March 21, 2020,
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`at 9:00 p.m., and shall remain in effect until revoked or modified
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`by the Governor, who shall consult with the Commissioner of DOH as
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`appropriate.
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`[seal]
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`GIVEN, under my hand and seal this
`21st day of March,
`Two Thousand and Twenty, and
`of the Independence of the
`United
`States,
`the
`Two
`Hundred and Forty-Fourth.
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`/s/ Philip D. Murphy
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`Governor
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`Attest:
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`/s/ Matthew J. Platkin
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`Chief Counsel to the Governor
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