In NJ, Towns cannot create rules that violate the express rules set by the County and the County cannot create rules that violate the express rules set by the State.

When rules are created at the County or State level that conflict with the lower level, the State rules will supersede both County and Township rules.

Here is why the rules set up at supermarkets can no longer be enforced in Teaneck:

Town Rules go into Effect on 3/16/20

On March 15th, Teaneck Manager Dean Kazinci issued Township Executive Order declaring a State of Emergency and some initial restrictions.

County Rules go into effect on 3/17/20 create 50 person max at supermarkets

The following day, March 16fh, County Executive Jim Tedesco issued Bergen County Executive Order 2020-1B.  This order said, in relevant part:

13) Food establishments or retail establishments that primarily sell food, either fresh or preserved, including but not limited to grocery stores and supermarkets and similar establishments, and the portion of establishments that engage in this activity shall be permitted to remain open between the hours of 11 p.m. and 7 a.m. Food establishments shall be restricted to the sale of food and health care products, and shall prohibit the purchase of any other items. Larger food establishments and supermarkets shall limit the number of patrons within a store to fifty (50) at any one time. Smaller store that are not capable of servicing fifty (50) patrons shall impose an appropriate customer limit to comply with CDC social distancing guidelines. Individual municipalities shall be responsible for the enforcement of the limitations contained in the within paragraph.

State Rules go into effect on 3/21/20 superseding County and Local rules and eliminating 50 person max

On March 21st, Governor Murphy issued State Executive Order #108.  It says, in relevant part:

1.  Any county or municipal restriction imposed in response to COVID-19 that in any way will or might conflict with any of the provisions of Executive Order No. 107 (2020), or which will or might in any way interfere with or impede its achievement, or the achievement of Administrative Orders issued as authorized by my Executive Orders, is hereby invalidated. Examples of such restrictions include, but are not limited to, the following:
   1. Any additions to or deletions from the list of retail businesses that I have deemed essential or that have been identified as essential through Administrative Orders authorized by my Executive Orders;
   2. Any limitations imposed on any business’s scope of service or hours of operation;
   3. Any density or social distancing requirements;
   4. Any orders relating to the gathering of individuals; and
   5. general restrictions on the freedom of movement within that county or municipality, including but not limited to the imposition of curfews.
2. No municipality, county, or any other 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 Executive Order No. 107 (2020), or which will or might in any way interfere with or impede its achievement, or the achievement of Administrative Orders issued as authorized by my Executive Orders

What can we do?

1. An appeal to Governor Murphy to allow municipalities the leeway to enact appropriate rules
2. A request to individual store managers to voluntarily require such rules