PARSIPPANY — The letter brief filed in the Appellate Division on Friday in the case against Gov. Phil Murphy for his violations of the Disaster Control Act, expressed Murphy’s opposition to offering relief to one Sussex County business – now out of business – as a result of the governor’s continual shutdowns.

According to the filing from the attorneys for the business owner, Robert W. Ferguson, Esq., of the law firm of Stern, Kilcullen and Rufolo, LLC of Florham Park and Catherine M. Brown, Esq., of Denville, who asked to additionally expedite the appeal after their client’s business was decimated, defendant Murphy “opposes all relief requested herein.”

Originally filed in the Sussex County Superior Court on September 23, the case first sought a declaratory judgment against Murphy too, as he was mandated under the Disaster Control Act, establish compensation boards in every county, where businesses like Ferguson and Brown’s client JWC Fitness, LLC., could petition for “reasonable compensation.”

With these boards, individuals and businesses could attempt to seek recompense in return for the governor’s taking of their property during the eight back-to-back states of emergency that Murphy has continued to declare since March.

As part of Murphy’s Executive Orders and invocation of the Disaster Control Act, the plaintiff’s business fought for survival under Murphy’s edicts, following a previously fruitful 10-year-run, after Murphy deemed it “non-essential” during the pandemic.

“He’s [Murphy’s] playing carrot and stick with fundamental rights,” Ferguson said.
“The Murphy Administration should be more responsive, instead of giving back the ‘let them eat cake’ approach,” said Donald Dinsmore, Esq., the chairman of Rescue New Jersey, the not-for-profit, non-partisan group that facilitated the lawsuit.

Rescue New Jersey was formed, Dinsmore added, to assist New Jersey individuals and businesses, who deserve timely answers from Murphy’s Administration.

The attorneys described in a Superior Court brief that their client from Franklin Borough, Darlene Pallay – who ran her business as CKO Kickboxing Franklin – as “a law-abiding, taxpaying citizen of this State,” who helped to support her family over the last decade with her business, including her three young children.

“She complied fully with the Governor’s Executive Orders, notwithstanding the personal economic cost to her and her family,” the brief also read. “She won Congressional recognition for COVID-related activities that benefitted her community.”

The letter brief also asked the court to consider moving the case along quickly, based on its merits. “The defendant [Murphy] called upon all of us to comply with his executive orders for the good of the greater, general welfare,” the brief stated.

“Plaintiff’s owner Mrs. Pallay did as she was ordered. But the defendant asked her to give much more to the general welfare than most, her livelihood from a business she has built up over 10 years, and ultimately, the business itself.”

The brief further explained that Pallay currently owes back rent to her commercial landlord and payment for expenses she has become unable to pay. While the Superior Court case sought a declaratory judgment, the Appellate brief indicated, “The winddown of the plaintiff’s business affairs depends entirely on whether the state will compensate Mrs. Pallay for her total compliance with the defendant’s executive orders, as required by the Disaster Control Act.”

For more information about Rescue New Jersey click here.

MORRISTOWN — As the number of positive cases in Morris County increases, Morristown Memorial Hospital has adjusted its visiting hours and procedures. Morris County has seen an increase of over 600 new positive cases within one week, with 229 cases reported in the past 24 hours. Since the beginning of the pandemic, Morris County had 11,018 cases; 703 confirmed deaths; and 146 probable deaths.

“For the safety and wellbeing of patients, visitors, support persons, and health care professionals, visitor restrictions are in place at our hospitals. This includes Chilton, Hackettstown, Newton, Overlook and Morristown medical centers, as well as Goryeb Children’s Hospital. The policy includes hospital visiting hours, restrictions, and COVID-19 safety measures along with special guidelines for maternity and certain neonatal and pediatric units.”

• The adjusted visiting hours for Morristown Medical Center are between 12:00 p.m. and 8:00 p.m.
  
• Hospital visitors will be required to complete temperature and symptom screening upon entering the facility, including a travel inquiry. If the visitor does not pass any element of the screening, they will not be permitted to visit. If they pass, they will be limited to visit non-COVID patients/units only.
• All visitors arriving from states or countries under a travel advisory that requires a 14-day quarantine upon arrival to New Jersey, will not be permitted to enter any Atlantic Health System facility.
  • Find the list of states for which NJ requires quarantine>  This list is updated frequently; please check it regularly.
  • Find the list of countries that require quarantine >
• All visitors must be 18 years of age or older except for the rare exception as determined by the facility.
• The hospital strongly recommends inpatients be limited to one healthy visitor per day. The healthy visitor can change day-to-day, unless:
  • The patient is a minor, in which case the pediatric patient may have both parents or guardians, or
  • At the facility’s discretion, a limited number of additional persons may be determined to be appropriate. Rare exceptions for unique circumstances will be made only after consultation and approval by the medical center nurse management team.
• All visitors will be required to wear face coverings and appropriate personal protective equipment (PPE) as recommended by the Centers for Disease Control and Prevention at all times. They may wear their own cloth mask, or a mask will be provided upon entry. A vented mask may only be worn with a surgical mask placed over it. Any visitor refusing to wear a mask or other PPE as indicated will be asked to leave the facility.
• Pediatric Inpatient Units and Pediatric Intensive Care Unit (PICU):
  • The same two healthy parents, guardians, or caregivers who are identified by the family initially will be the only approved visitors. Rare exceptions for unique circumstances will be made only after consultation and approval by the medical center nurse manager or assistant nurse manager.
  • One parent or guardian is permitted to stay overnight (in addition to daytime visiting). A second parent or guardian can also be present from 8:00 a.m. to 8:00 p.m.
  • Caregivers staying overnight must arrive by 8:00 p.m.
  • Visitors must remain in the patient’s room as much as possible.
  • Visitors must remain masked both in and outside of the patient’s room and when staff enters the room.
• COVID-19 Travel Advisory for Pediatrics
  • If an inpatient minor’s parent is within the 14-day quarantine period and there is no option to have a lower-risk parent or guardian be present, then only one parent will be permitted to visit, and that parent must wear a mask whenever staff is present in the room. The parent will be asked to stay in the room for the duration of the hospitalization.
• Neonatal Intensive Care Unit (NICU):
  • During maternal hospitalization, two individuals given visitor wristbands (i.e., parents or caregivers) may visit their newborn infant in the NICU any time of day (24/7).
  • After maternal discharge from the hospital, the two individuals with visitor wristbands may visit separately between 8:00 a.m. and 10:00 p.m. for the duration of the newborn hospitalization.
  • Two individuals with visitor wristbands may both come on the day of their infant’s discharge.
  • Exceptions may be made on a case-by-case basis (i.e. transfers from other hospitals whereby at the initial visit to the NICU both individuals with visitor wristbands will be permitted, parent conferences with the health care team, and day of infant surgery).
• Maternity
  • One designated support person is permitted with a pregnant patient during labor, delivery, and the entire postpartum hospital stay.
  • The support person can be the patient’s spouse, partner, sibling, or another person that they choose.
  • A doula who is part of the patient’s care team is permitted and does not count as a support person.
• Procedural Areas
  • To promote social distancing and keep everyone safe, one designated support person is permitted to accompany a patient having an ambulatory procedure.
  • We encourage all support people to drop their loved ones off and provide a contact phone number so that we can regularly communicate the status of the patient.
  • We will contact you with ample time to return and pick up your loved one.
  • We would be happy to provide you with a list of local restaurants and stores that you can visit during the procedure.

Once in the hospital or facility, visitors shall remain in the patient’s room (or emergency department bay) as much as possible throughout the visit, except when directed by hospital or facility staff to leave during aerosol-generating procedures or other procedures in which visitors are usually asked to leave. Visitors may use designated eating locations within the medical center and other amenities available to patients or visitors. 

MORRIS COUNTY — Governor Phil Murphy signed Executive Order No. 195, which permits municipalities and counties to impose additional restrictions on the hours of operation of non-essential retail businesses, food and beverage establishments, and recreation and entertainment businesses after 8:00 p.m. The Order prohibits municipalities and counties from imposing restrictions that prevent dining establishments from arranging for the pickup or delivery of goods or otherwise limiting their scope of operations. The Order will take effect immediately.

“I’ve been clear that our approach to the second wave is to act surgically within hotspot areas,” said Governor Murphy. “Today’s action maintains overall consistency across the state while also empowering local elected officials with the discretion to address situations where restricting the operating hours of certain businesses in the evening will help stop the spread of COVID-19.”

Governor Murphy’s Executive Order states that any county or municipal restriction that in any way conflicts with any provision of statewide rules will be 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 deemed essential or that have been identified as essential through Administrative Orders authorized by the Governor’s Executive Orders;
2. Any limitations imposed on any business’s scope of service;
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.

Click here to download a copy of Executive Order 195.