COVID-19: NJ revises COVID Guidance for Public Gatherings – Self Service Food, Indoor Malls, Athletic Events and Private Tutoring Facilities

On October 31, 2020, Gov. Phil Murphy and the head of the New Jersey State Police modified certain restrictions on businesses and public gatherings in New Jersey. The modifications are set forth in Administrative Order 2020-22 (the “AO”).

Key topics include the prohibition of self service food such as buffets and salad bars ; the allowance of indoor shopping mall vending machine and stroller rentals but prohibiting valet and play areas; the loosing of how we count maximum gatherings for athletic competition; and the allowance of private tutoring facilities to reopen for students and clients.

1.  Self-service FoodSelf service food such as buffets and salad bars are prohibited at retail businesses, like grocery stores, under the AO.  Note that self-service drinks are still permitted, but only if they are routinely and effectively cleaned and sanitized.

2.  Indoor Shopping Malls:

  • Vending machines and stroller rentals are now permitted to be operated at malls as long as they are sanitized, but playgrounds and valet parking must remain closed.
  • Valet Parking and communal play areas are NOT permitted at indoor malls

3.  Athletic events (including those for professional sports and collegiate athletic competitions) are still subject to Executive Orders 161 and 183 but, the AO confirms that athletes, coaches, referees, trainers and other individuals necessary to the performance of a competitive sporting event are NOT included in the number of individuals for gathering limits purposes.

For indoor athletic competitions, the amount of people permitted in such venues is capped at 150 people or 25% of the room’s capacity, whichever is lower.

Masks are required to be worn by spectators and non-athletes at both indoor and outdoor venues (except if under 2 years of age, where it is impracticable for an individual to wear a masks (such as when eating or drinking) or when doing so would violate Federal or State law.

4.  Private Tutoring Facilities: Private tutoring facilities may reopen for students and other clients.

For a copy of the Administrative Order No. 2020-22 –  please see

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Elizabeth Mincer, Paul Josephson, Matthew LoBello or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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