Asbury Park Reverses Reopen Plan After Gov. Murphy's Court Order

ASBURY PARK – Asbury Park reversed its plan to reopen its indoor dining on Monday and defy state coronavirus rules after Gov. Phil Murphy got a court order to stop the city.

Deputy May Amy Quinn announced on Twitter that she hoped Murphy would meet with the community and discuss an indoor reopening plan as a result.

Murphy, speaking during his Friday news conference, announced he was filing a lawsuit against Asbury Park after his office tried to resolve the conflict "amicably" but it didn't pan out.

"We have one set of rules and they are based on one set of principles," Murphy said as he announced more business reopenings on Friday. Read more: Gov. Murphy Announces More NJ Business Coronavirus Reopenings

"The attorney general will be bringing a lawsuit against Asbury Park as we speak," he added.

Murphy did not address whether his administration planned to get the police involved or actually shut down the businesses directly, saying that the situation was being looked into.

The City Council voted on Wednesday to allow indoor dining in restaurants and bars starting on Monday, drawing a sharp rebuke from Murphy who said the actions could undo the progress the state has made.

Asbury Park officials say they planned to open up the bars and restaurants because they're worried about the impact of the shutdowns on businesses, noting that the Modine restaurant is shutting its doors.

Under the city's rules, the bars and restaurants were to have 25 percent capacity or no more than 50 people in order to operate in Asbury Park.

“We are excited to reopen Asbury Park,” said Deputy Mayor Amy Quinn. “COVID-19 has had an enormous impact on our community. As council, it is our responsibility to do everything that we can to help our struggling businesses rebuild while keeping our residents and visitors safe during this pandemic.

"The governor’s Executive Order No. 152 already allows indoor gatherings of up to 50 people and we simply decided to extend it to food and beverage service.”

But Murphy said the city took steps that are "inconsistent" with his executive order that have banned indoor dining from reopening amid the coronavirus outbreak.

"We have come too far, folks, to see all the good 9 million New Jerseyans have done undone in haste," Murphy said during his Thursday news conference.

Murphy said New Jersey "cannot have communities mirroring the cavalier actions in other states."

"We have lived this already, folks. We don't want to go living it again," he said. "We've gone through hell. Let's please not go back through it."

Murphy plans to open indoor retail on Monday, but he hasn't given a date on bars and restaurants.

Murphy's words came as he's drawn criticism for what Republicans say is violating his own orders and participating in protests in Westfield and elsewhere. Thousands of people have attended these protests, Republicans say, and there has been little social distancing that Murphy has required for gatherings.

Asbury Park says it planned to allow businesses to operate indoor food and beverage service with a capacity limit as outlined in Murphy’s Executive Order No. 152 regarding indoor gatherings.

Restaurants were to comply with all requirements as outlined in Murphy’s Executive Order No. 152 and Executive Order No. 150, including wearing face coverings, remaining 6 feet apart at all times, and not allowing the sharing of physical items by multiple attendees as well as sanitizing items before and after uses.

While council had approved indoor food and beverage service with restrictions, the city warned businesses that this could be overruled by the state of New Jersey.

Indeed, some Asbury Park restaurants told NJ Advance Media and The Asbury Park Press that they were reluctant to open their doors and face possible fines.

Since Murphy has not yet allowed indoor dining, participating businesses could have been considered in violation of executive orders and may be subject to fines, the city said.

“As we begin to reopen, it’s important for us to focus on all areas of the city when providing opportunities for our businesses to succeed and for our residents to enjoy their neighborhoods,” said Mayor John Moor. “We will continually assess the plan over the next few weeks as conditions evolve during the pandemic and as we learn about what is working, and what is not, and will make adjustments accordingly.”

New Jersey has a long set of rules for outside and inside gatherings, but you may be surprised by what the Murphy administration is now allowing. Read more: New NJ Coronavirus Rules: Here's What Can Be Done Inside, Outside

Murphy has been releasing "hard dates" and more specifics on New Jersey's plans to reopen its economy, schools, daycare, summer camps and public transit during the coronavirus crisis. And he was expected to provide more details over the course of June. Read more: Gov. Murphy: 'Hard Dates' In NJ Coronavirus Reopening Blueprint

This is a developing story. Patch will have more information as it comes in.