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Greenbaum, Rowe, Smith & Davis LLP Client Alert

On May 13, 2020, New Jersey Governor Phil Murphy issued Executive Order 142 (EO 142) as part of the state’s gradual effort to reopen its economy. Among other things, EO 142 permits non-essential construction projects to resume and allows curbside pick-up at non-essential retail businesses effective Monday, May 18 at 6:00am.

Resumption of Non-Essential Construction Projects

While Executive Order 122 (EO 122) permitted “essential construction projects” to continue subject to a number of restrictions, EO 142 provides that all construction projects in New Jersey may now proceed provided they adopt the following policies:

EO 142 expressly supersedes both Paragraph 2 of EO 122 (issued on April 8) and Administrative Order 2020-11 (issued on May 2) governing construction of religious facilities.

Curbside Pickup at Non-Essential Retail Businesses

While Executive Order 107 (issued on March 21) allowed “essential” retail businesses including grocery stores, pharmacies, home improvement and office supply stores to allow customers inside their stores with proper social distancing measures, EO 142 now permits non-essential retail businesses to re-open for curbside pickup of goods only.  Non-essential retail businesses must continue to restrict customers from all in-store operations.  Curbside pickup services must be provided in accordance with the following requirements set forth in EO 142:

Retail businesses operating in shopping malls will also be permitted to operate by curbside pickup, in accordance with the other requirements of EO 142, however staff must bring the goods to customers at the exterior of the mall.  The indoor portions of shopping malls must remain closed to customers, as previously required by EO 107.

Gatherings in Vehicles

EO 142 clarifies that gatherings in vehicles do not violate EO 107.  Examples of such gatherings include but are not limited to drive-in movies, religious services, or drive-through farms or safaris.  Vehicle gatherings will be subject to the restrictions in EO 142, which require attendees to remain in their vehicles with exceptions for health or safety reasons or to access restroom facilities.  All windows, doors, sunroofs, and convertible tops must remain closed within a six-foot proximity to other vehicles.  Individuals organizing or maintaining such vehicle gatherings who will not be inside a closed vehicle must comply with social distancing protocol and wear cloth face coverings.

Please contact the authors of this Alert with any questions or to discuss your individual circumstances.

Steven Firkser
Real Estate Department
Redevelopment & Land Use Department
sfirkser@greenbaumlaw.com | 732.476.2388

Steven Nudelman
Litigation Department
Construction Practice Group
snudelman@greenbaumlaw.com | 732.476.2428