N.J. Admin. Code § Executive Order No. 187 (2020)
Governor Philip D. Murphy
Executive Order No. 187 (2020)
An Order Allowing the Resumption of Contact Practices and Competitions for Certain Organized Sports in Indoor Settings
Issued: October 12, 2020.
Effective: October 12, 2020.
WHEREAS, in light of the dangers posed by Coronavirus disease 2019 ("COVID-19"), I issued Executive Order No. 103 on March 9, 2020, the facts and circumstances of which are adopted by reference herein, which declared both a Public Health Emergency and State of Emergency; and
WHEREAS, through Executive Order Nos. 119, 138, 151, 162, 171, 180, and 186, issued on April 7, 2020, May 6, 2020, June 4, 2020, July 2, 2020, August 1, 2020, August 27, 2020, and September 25, 2020, respectively, the facts and circumstances of which are adopted by reference herein, I declared that the COVID-19 Public Health Emergency continued to exist and declared that all Executive Orders and Administrative Orders adopted in whole or in part in response to the COVID-19 Public Health Emergency remained in full force and effect; and
WHEREAS, in accordance with N.J.S.A. App. A:9-34 and -51, I reserve the right to utilize and employ all available resources of State government to protect against the emergency created by COVID-19; and
WHEREAS, as COVID-19 continued to spread across New Jersey and an increasing number of individuals required medical care or hospitalization, I issued a series of Executive Orders pursuant to my authority under the New Jersey Civilian Defense and Disaster Control Act and the Emergency Health Powers Act, to protect the public health, safety, and welfare against the emergency created by COVID-19, including Executive Order Nos. 104-133, Nos. 135-138, Nos. 140-166, Nos. 168-173, No. 175, Nos. 177-181, and No. 183 (2020), the facts and circumstances of which are all adopted by reference herein; and
WHEREAS, after consultation with officials from the Department of Health ("DOH"), I announced a multi-stage New Jersey's Road Back Plan for the methodical and strategic reopening of businesses and activities based on scientific data and metrics concerning the level of disease transmission risk and essential classification; and
WHEREAS, organized sports play a crucial role in an individual's physical and mental development, and for a number of athletes, organized sports offer the possibility of collegiate scholarships or other opportunities; and
WHEREAS, on May 29, 2020, I signed Executive Order No. 149, which allowed organized sporting activities to resume on June 22, 2020, in outdoor settings, provided that they did not involve person-to-person contact or individuals routinely interacting in close proximity; and
WHEREAS, Executive Order No. 149 (2020) also directed the Commissioner of the DOH to issue health and safety standards regarding sporting activities before June 22, 2020; and
WHEREAS, on June 15, 2020, the Commissioner of the DOH issued Guidance for Sports Activities (the "Guidance"), which categorized sports as "High Risk", "Medium Risk", and "Low Risk"; and
WHEREAS, the Guidance stated that practices and competitions for Low Risk sports could resume on June 22, 2020 in outdoor settings, because pursuant to Executive Order No. 149 (2020), they do not involve person-to-person contact and do not routinely entail individuals interacting within six feet of one another; and
WHEREAS, the Guidance noted no-contact practices for Medium Risk and High Risk sports could also resume on June 22, 2020, in outdoor settings, consistent with Executive Order No. 149 (2020); and
WHEREAS, on July 8, 2020, I issued Executive Order No. 163, which among other things, stated that practices and competitions for Low Risk sports and no-contact practices for High or Medium Risk sports could resume in both outdoor and indoor settings; and
WHEREAS, Executive Order No. 163 (2020) also stated that contact practices and competitions for Medium Risk sports were permitted to resume, but in outdoor settings only; and
WHEREAS, Executive Order No. 163 (2020) noted that contact practices and competitions for High Risk sports remain prohibited in both indoor and outdoor settings; and
WHEREAS, on July 20, 2020, I issued Executive Order No. 168, which allowed contact practices and competitions for High Risk sports in outdoor settings only, meaning that contact practices and competitions for both Medium Risk and High Risk sports have been permitted in outdoor settings but prohibited in indoor settings; and WHEREAS, there are certain Medium and High Risk sports that require the use of indoor facilities and cannot be readily played outside; and
WHEREAS, the feasibility of conducting organized sporting activities outside will decrease as the weather becomes colder; and
WHEREAS, by expressly authorizing Medium and High Risk sports to resume contact practices and competitions in indoor settings, organizers and participants will be required to abide by the protocols outlined in the Guidance and will be subject to additional monitoring by leagues, associations and similar entities, thereby minimizing the potential risk associated with the activities; and
WHEREAS, the indefinite prohibition of contact practices and competitions in indoor settings would be highly disruptive to individuals' athletic careers, which could both affect individuals' personal and professional development and endanger certain financial opportunities for individuals, such as collegiate scholarships; and
WHEREAS, Paragraph 7 of Executive Order No. 148 clarified that professional athletes could fulfill their job duties, meaning professional sporting activities associated with Medium and High Risk sports have been permitted indoors, and there are no confirmed COVID-19 outbreaks in New Jersey related to professional sporting activities indoors; and
WHEREAS, organized sports typically involve a common, defined group of people interacting, which makes contact tracing easier in the event there are identified cases of COVID-19; and
WHEREAS, because of our continued progress, we can now allow Medium and High Risk sports to resume contact practices and competitions in indoor settings; and
WHEREAS, certain sports practices and competitions require more than 25 individuals to be present, when accounting for players, coaches, referees, and other necessary individuals, and the formal nature of such events makes it easier to ensure that health and safety protocols are being appropriately followed; and
WHEREAS, the Constitution and statutes of the State of New Jersey, particularly the provisions of N.J.S.A. 26:13-1et seq., N.J.S.A. App. A: 9-33 et seq., N.J.S.A. 38A:3-6.1, and N.J.S.A. 38A:2-4 and all amendments and supplements thereto, confer upon the Governor of the State of New Jersey certain emergency powers, which I have invoked;
NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:
N.J. Admin. Code Executive Order No. 187 (2020)