Nov 17, 2020

Governor Murphy Issues Executive Order Lowering Indoor/Outdoor Room Capacity Limitations, Excluding BOE Meetings

By Christopher J. Sedefian, Esq.

On November 16, 2020, Governor Murphy signed Executive Order No. 196, which lowers the indoor and outdoor gathering limits set forth in prior Orders. Effective today, November 17, 2020, at 6:00 a.m., the indoor gathering limit is reduced from 25 people to 10 people. The outdoor gathering limit takes effect next Monday, November 23, 2020 at 6:00 a.m., and decreases the limit from 500 people to 150 people.


The indoor gathering limits for religious services or celebrations, political activities, wedding ceremonies, funerals, or memorial services remain limited to 25 percent of the room’s capacity, with a maximum of 150 people. The Executive Order notably excludes local boards of education from the capacity limits on gatherings set forth in this Executive Order and any other applicable Executive Order. Accordingly, local Board meetings are not subject to the indoor gathering limitations.


All non-professional and non-collegiate indoor athletic practices and competitions are subject to the indoor gathering limit of 10 people. However, if the number of individuals necessary for a no-contact practice, contact practice, or competition, such as players, coaches, and referees, is greater than 10 people, such a practice or competition may proceed, provided that no individuals are present who are not necessary, such as spectators. If this exception applies, the number of people at such an indoor gathering is still limited to 25 percent of the capacity of the room, and is capped at 150 people.


The new outdoor gathering limits apply to all outdoor gatherings except for weddings, funerals, memorial services, and religious and political activities. Outdoor gatherings will be limited to 150 people. This limit applies to events such as high school football games and outdoor concerts.


For more information on this Legal Alert or related issues, please contact the education law attorneys at Schenck Price.


DISCLAIMER:  This Alert is designed to keep you aware of recent developments in the law. It is not intended to be legal advice, which can only be given after the attorney understands the facts of a particular matter and the goals of the client.