This editorial is brought to you by a staff writer for Law Enforcement Today.
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MIDDLETOWN, NJ – After placing significant restrictions on indoor dining via executive order, Democratic New Jersey Governor Phil Murphy was spotted eating at one of his favorite restaurants Wednesday. The restaurant was operating in direct violation of Murphy’s executive orders.
On July 8, Governor Murphy issued Executive Order Number 163.
The order addressed social behavior and regulations in reference to COVID-19. It requires face coverings in outdoor public spaces, unless the wearer is eating or has religious reasons to remove the mask. Masks are also required indoors.
NJ Governor Executive Order 163 – Requiring Individuals to Wear Masks in Outdoor Public Spaces When They Cannot Social Distancehttps://t.co/R8GCv9qedQ pic.twitter.com/YkKbXT6C2i
— Saddle Brook (@SBrookTownship) July 9, 2020
The order also somewhat lifted the previous order that disallowed any dine-in service at restaurants, by permitting:
“in-person service at outdoor areas, defined as open air spaces that either
- have no roof or cover or
- have a fixed roof or temporary or seasonal awning or cover, with at least two open sides that would comprise over 50 percent of the total wall space if the space were fully enclosed.”
According to the governor, such a setup would permit “ample air flow,” to keep people safer from the virus.
Interestingly, while indoor dining is disallowed if enclosed at over 50%, the governor does permit casinos to operate at 25% capacity.
However, on Wednesday, Governor Murphy was seen dining at Nicholas Barrel and Roost. The restaurant, formerly Restaurant Nicholas, was recently remodeled by owner Nicholas Harary, and had just opened Monday through reservation only.
Harary stated on Tuesday that after the remodeling, his restaurant was in compliance with the 50% rule stated in Executive Order 163, if he opened two doors within the restaurant for the diners inside.
However, according to Shore News Network,
“The restaurant instead has four enclosed walls and several windows open in the video. While the restaurant has added an outdoor patio dining area, patrons are clearly visible in the bar.”
Multiple residents reportedly complained to authorities about the restaurant’s indoor dining since it reopened Monday night.
Middletown administrator Anthony Mercantante has determined that the restaurant is indeed in violation of EO 163.
He stated to reporters,
“He is not even close to 50 percent, he is barely at 25 percent.
“We have to enforce the governor’s executive order.
“It’s not fair to all the other Middletown restaurants that are struggling.”
Photos taken by local blogger Art Gallagher show a building with an enclosed space, plus an outdoor dining area. Gallagher described the indoor space Wednesday night as “packed,” with people who were “maskless.”
Middletown police also made appearances there Monday, Tuesday, and Wednesday nights, discussing a potential citation with owner Nicholas Harary.
According to Anthony Mercantante, on Wednesday the police officers were not aware that the governor was present, and according to the timeline observed by blogger Art Gallagher, the police and governor were not at the restaurant at the same time.
However, according to Gallagher, the governor’s advance security trooper was quite aware of the police presence; he actually spoke to Deputy Chief Kaiser and his Sergeant.
Gallagher spotted the governor being escorted to a dine at a table in the outside area of the restaurant, approximately 20 minutes after the police departed.
Murphy dines outdoors at Nicholas Barrel and Roost while indoor dining is packed @GovMurphy @NJRHAssociation @declanoscanlon https://t.co/loIa8LPIW1
— Art Gallagher (@ArtGallagherNJ) August 27, 2020
The apparent blind eye and free pass by the governor regarding dining in at one of his favorite haunts takes on greater significance when one considers the consequences other New Jersey restaurants have suffered as a result of EO 163.
Many restaurants simply cannot open, save for carryout, as their premises cannot accommodate the 50% open air rule delineated in the order.
One establishment that did open in the face of EO 163, Lakeside Diner in Forked River, NJ, has been issued 11 citations after reopening to indoor dining. There was even a court-ordered lock change, and a cease and desist order from the attorney general. Owner Brian Bindisi told reporters that he is undeterred by the actions against him, because he needs to pay his bills.
Wednesday would not be the first time New Jersey Governor Murphy has broken his own Executive Order 163.
Murphy was spotted dining at Martel’s inside back in June, long before indoor dining was even permitted.
— Wolf (@mighthaveagood) July 1, 2020
According to the governor’s spokesperson, Murphy only went inside to get away from rain.
However, one fellow diner tweeted,
“I was there. He ate inside, maybe because if (sic) the rain. But he only came out to the very crowded bar for pictures. The waitress told us he ate inside.”
I was there. He ate inside, maybe because if the rain. But he only came out to the very crowded bar for pictures. The waitress told us he ate inside. If he ate outside I would have walked passed him twice n he would have been soaked. The only place out of the rain was there bar. pic.twitter.com/9EQoxtLRBg
— Evilklnevil (@evilkleinevil) June 29, 2020
Murphy’s own order calls for personal responsibility when it comes to obeying.
NJ Executive Order 163. It is the duty of every person…in this State to cooperate fully.” How long before the State deploys an app to have citizens snitching on each other to fine and penalize noncompliance? @DSteinhardtEsq @Richzeoli pic.twitter.com/AqvDN2EpfG
— Jeff Schervone (@JeffSchervone) July 9, 2020
EO 163 clearly states,
“It shall be the duty of every person or entity in this State or doing business in this State and of the members of the governing body and every official, employee, or agent of every political subdivision in this State and of each member of all other governmental bodies, agencies, and authorities in this State of any nature whatsoever, to cooperate fully in all matters concerning this Order.”
Evidently Governor Murphy does not hold himself to the same standard that he does the entire rest of the state.
Draconian orders are nothing new for New Jersey:
BELLMAWR, NJ –The nation has been gripped in one way or another since the beginning of the year when cases of the virus hit the United States. Many government leaders moved to shut down the majority of businesses in hopes of slowing down the spread of the disease.
In New Jersey, one of those businesses that was shut down was the Atilis Gym in Bellmawr. Since then, the Bellmawr Borough Council has moved to revoke that gym’s business license.
In March, Democratic New Jersey Governor Phil Murphy, along with many other state leaders, imposed restrictions on New Jersey which closed down what he deemed as non-essential businesses.
The thought process behind many of these moves, at least at time, was that there was little known about the disease, including how it spread or how infectious or deadly it is.
One of those businesses was Atilis Gym.
The owners of the gym, Ian Smith and Frank Trumbetti, complied with the orders initially by the state and kept their gym closed.
However, on May 18th, they decided that they had kept the gym closed long enough and could no longer pay their bills. As a result, they decided to open, but not before taking many precautions.
Atilis Gym owners Ian Smith & Frank Trumbetti open their doors for the third day in a row@MaybeAmes @Redheaded_Jenn @Krissypissy_35 #OpenNJNow
pic.twitter.com/gjpU527epG— 🇺🇸👊🏻👊🏻🇺🇸 (@417JKO) May 20, 2020
The owners of the gym sectioned off workout areas in order to keep people at least six feet apart during workouts.
They also mandated that masks be worn unless the patron was actually in the middle of exercising.
In addition, they only operated at 20% capacity.
This was not good enough for the Bellmawr town as the business was opened against the executive order of the governor, regardless of what precautions the gym put in place.
As a result, the Health Commissioner Judith Persichilli obtained a court order to shut the gym down and padlock the doors. On May 22nd, the doors were padlocked.
Disgusted by the move, Trumbetti asked:
“How is it possible that they can actually shut us down? If there is a problem based on the coronavirus, how can they shut us down but no other businesses in the same actual building? And it’s unconstitutional and targeting, and we are going to stand up and fight.”
Smith says:
“We’ve all heard these public officials say ‘science and data’…We are so confident in our process and in our safety protocol that if you can show us the science and data that proves Atilis Gym in Bellmawr poses more of a threat to the general public than any other place and should remain shut down, we will happily shut our doors.”
Instead of showing any type of scientific evidence to back their claims, both Smith and Trumbetti were arrested and charged for violating the executive order. After they were bonded out, government officials continued to fight their battle in court, and won.
Atilis Gym opened again! Hooray for Ian Smith! He received a second citation! Fascist Phil must be enraged! @GovMurphy https://t.co/6rDHV7KmAU
— Renee (@rennie5678) May 19, 2020
Superior Court Judge Robert Lougy found the owners were in contempt of court for opening the business against the orders of Gov. Murphy. In addition, Lougy’s order made clear that the pair can and will face punitive fines for opening their business.
Although Smith and Trumbetti continue to fight their belief that the gym should stay open, an emergency meeting was called by the Bellmawr Borough Council on August 11th to discuss the business license for the gym.
In a 5-1 vote, the council decided to revoke the mercantile license in which the gym operated under.
John McCann, who is an attorney for the owner of the gym, presented arguments to the council before the vote. He said:
“I would demand the science. I would say, ‘Governor, show me that the gym is a danger.’”
Regardless if the gym staying closed will help or harm public safety when it comes to the spread of COVID-19, the fact that the order comes from Gov. Murphy and Democratic Attorney General Gurbir Grewal raises eyebrows.
The hypocritical fight of closing the gym and keeping it closed for public safety would be one thing if they did not advocate for large groups of people getting together.
However, both Grewal and Murphy have a belief that people who are attending en masse to protest and/or riot against the police, that is okay. In an article written on MSN in June:
“The governor says that despite his stay-at-home orders amid the COVID-19 pandemic, he supports the First Amendment right to protest.”
So the same two people who are attacking a business, who are taking, (at least they claim) precautions against the spread of COVID-19 is bad, but people who are marching and rioting, with no precautions being taken to limit the spread of the virus, over the lie of systemic racism is good?
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