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Executive Orders Changing Restrictions

Two new Executive Orders have been signed by Governor Murphy to lift some of the pandemic restrictions across NJ.


Summary of Executive Order 238 (effective May 7, or in some cases May 10, 2021):

  • Outdoor gatherings limit – The limit will increase to 500 persons, up from 200.

  • Large venue outdoor capacity – The maximum capacity allowed will increase to 50% for venues with 1,000 fixed seats or more, as long as six feet of distance is maintained, up from 30% capacity for venues with a 2,500 fixed seating capacity.

  • Increase in maximum capacity for certain indoor activities – Currently, indoor catered events are limited to 35% of the capacity of the room in which they are held, up to 150 persons. The capacity limit for those events, including proms, will be raised to 50%, up to a maximum of 250 individuals. The capacity limit for indoor political events, weddings, funerals, memorial services, and performances will also increase accordingly.

  • Dance floors at private catered events – Dance floors would be permitted to open at such events, with masking and social distancing requirements in place. Dance floors would remain closed at bars and other related businesses, such as nightclubs.

  • Permit carnivals and fairs to operate at the amusement business capacity – Currently, these events may be treated like a gathering, and thus subject to more restrictive limits. Carnivals and fairs may now operate at the same capacity as large outdoor amusements.

  • Bar seating– The prohibition on indoor bar seating will be lifted, with final guidance on necessary safeguards, such as spacing and the use of plexiglass, to follow from the New Jersey Department of Health.

  • Buffets – The restriction on self-service food, like buffets, at restaurants, would be lifted, but individuals will still be required to remain seated while eating and drinking.


Summary of Executive Order 239 (effective May 19, 2021):

  • Complete removal of outdoor gathering limit– Attendees at outdoor gatherings will still be required to remain six feet apart from other groups and existing requirements regarding mask wearing will remain in place.

  • Indoor gathering limit– The limit for indoor gatherings in private residences will be raised to 50 persons, up from 25 persons. Commercial gatherings and gatherings organized and operated by an overseeing entity (e.g. conferences, expositions, meetings of fraternal organizations, job trainings, events hosted by senior centers) in public spaces will be subject to the 250-person indoor gathering limit that applies to indoor catered events, as long as all attendees can remain six feet apart.

  • Complete removal of all percentage capacity limits for indoor and outdoor businesses, and houses of worship – The following businesses will no longer be subject to any percentage-based capacity restriction, but will instead be guided by the rule regarding six feet of distance between persons or groups of persons. This would include:

    • Indoor dining – Currently, indoor dining is limited to 50% capacity. This change will remove the 50% limitation but maintain the six feet of required distance between tables, except that tables will still be permitted to be closer than six feet where restaurants use partitions that comply with DOH requirements. Additionally, the prohibition on tables of more than 8 persons will be lifted. As a reminder, outdoor dining has never been bound to a capacity percentage.

    • Houses of worship and religious services, which are currently at 50% capacity.

    • Retail businesses, which are currently at 50% indoor capacity.

    • Gyms, which are currently at 50% indoor capacity.

    • Personal care services, which are currently at 50% indoor capacity.

    • Indoor amusement and recreation businesses and outdoor amusement and water parks, which are currently limited to 50% capacity.

    • Indoor and outdoor pools, which are both currently limited to 50% capacity.

    • Indoor catered events, funerals, memorial services, performances, and political activities – These events are currently limited to 50% of a room’s capacity, up to 250 individuals. Beginning on Wednesday, May 19, the 250-person limit will remain in place, but there will be no percentage-based capacity restrictions. Individuals and groups will need to remain six feet apart.

  • Indoor large venue capacity – The capacity limit for indoor large venues will increase from 20% to 30% and the definition of a large venue would shift from those with 2,500 fixed seats to those with 1,000 fixed seats. The requirement that individuals or groups of individuals that purchase tickets together remain six feet apart will remain in place.

  • Removal of prohibition on indoor interstate youth sports competitions – Athletes, staff, and spectators will still need to abide by all existing health and safety requirements.


Stay tuned to our blog, social media, and e-blasts for updates on how to apply to this funding as we learn more.

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