Executive Order Implementing Second Phase of COVID-19 Restriction Easing

On May 12, 2021, Governor Murphy signed Executive Order 239 implementing a second phase of COVID-19 restriction easing. 

The announcement from the Governor's Office states:

Social Distance-based Business Capacities

Effective May 19, most business capacities—which are currently based upon percentage of maximum occupancy—will be removed in New Jersey and New York. Businesses will only be limited by the space available for patrons or parties of patrons to maintain the required social distance of 6 feet. This new distance-based maximum capacity will apply across commercial settings, including retail, food services, gyms and fitness centers, amusement and family entertainment, hair salons, barber shops and other personal care services, among other settings. It will also apply in houses of worship.

Increase in Social and Residential Gathering Limits

In New York beginning May 10, the outdoor social gathering limit will increase from 200 to 500 people. Beginning May 19, the indoor social gathering limit will increase from 100 to 250 people. Also, the outdoor residential gathering limit of 25 people will be removed, reverting to the social gathering limit of 500 people with space for appropriate social distancing, and the indoor residential gathering limit will increase from 10 to 50 people. In New York, any event gatherings in excess of the social gathering limits may only occur if all individuals present proof of full vaccination status or recent negative COVID-19 test result.

Event Venues

Congregate commercial and social events in New York—such as those at venues that host sports competitions, performing arts and live entertainment, and catered receptions—can exceed the social gathering limits of 500 people outdoors or 250 people indoors if all attendees over the age of four present either proof of full vaccination status or recent negative COVID-19 test result and the required social distancing can be accommodated. 

Starting May 19, large-scale indoor event venues will operate at 30 percent capacity, which is an increase from the current 10 percent capacity limit. Large-scale outdoor event venues will operate at 33 percent. Social distancing, masks, and other applicable health protocols will still apply, including the requirement of attendee proof of full vaccination or recent negative COVID-19 test result.

Industry Reopening Requirements

While most industry capacity restrictions will be lifted, industry-specific requirements will remain in effect for a longer period of time, including state or local health authority event notification, health screening, contact information for tracing, enhanced air handling and building system standards, hand hygiene, and environmental cleaning and disinfection protocols. The State will continue to provide additional guidance on these provisions as they apply to each industry.

For details, please read EO-239.