Skip to content
The COVID Project
  1. Library
  2. Standing duties: New Jersey
  3. DUT-NJ-013

Ex. DUT-NJ-013 Standing duty Primary source read

JWC Fitness, LLC v. Murphy, No. A-0639-20 (N.J. Super. Ct. App. Div. Oct. 18, 2021) (approved for publication)

JWC Fitness, LLC v. Philip D. Murphy, Governor of New Jersey, et al.: no statutory or constitutional compensation for the closure and capacity limits imposed on a gym by EOs 104, 107 and successors

Superior Court of New Jersey, Appellate Division (published opinion, Docket No. A-0639-20; on appeal from the Law Division, Sussex County, L-0388-20) · New Jersey (Court)

The COVID Project

The record

Jurisdiction
New Jersey
Level
Court
Authority
Judicial decision construing the Disaster Control Act and the Emergency Health Powers Act
Issued
2021-10-18 Oct. 18, 2021
Effective
2021-10-18 (decided; approved for publication) (read as 2021-10-18)
End
n/a (precedential decision)
In force
Oct. 18, 2021 (no end date recorded; counted as in force for 120 days)
Limitation types
Emergency declarationBusiness closureCapacity limitOther
Addressees
  • specified businesses (health clubs) and, by its statement of the statute, every person and business subject to the Governor's orders
Character
adjudication
Collection
Standing duties: New Jersey DUT-NJ

Operative words

anyone who is found to have violated any order, rule, or regulation adopted by the Governor pursuant to the Disaster Control Act shall be adjudged a disorderly person and be subject to fine or imprisonment. N.J.S.A. App. A:9-49(h) and (i).... the Governor intended to exercise his authority to regulate the operations of specified categories of businesses under N.J.S.A. App. A:9-40 and 9-45.

Penalty

States the App. A:9-49 disorderly-persons penalty (fine or imprisonment) for violation of any gubernatorial order

What it required

The court held that the COVID-19 executive orders were an exercise of the Governor's statutory power under App. A:9-40 and 9-45 to regulate the operations of categories of businesses, enforceable by the disorderly-persons penalty of App. A:9-49 and -50, that they did not commandeer property requiring compensation, and that the Legislature on June 4, 2021 'affirmed the Governor's continuation of a state of emergency under the Disaster Control Act' (P.L. 2021, c. 103). Character as recorded: adjudication (order_penalty layer).

Retrieval note

Official slip opinion from the Judiciary's server (150 KB, 'APPROVED FOR PUBLICATION'). The plaintiff operated the Atilis Gym in Bellmawr. The opinion also recites the sequence of EOs 103, 104, 107, 242 and 244 with their New Jersey Register citations (e.g., EO 242, 53 N.J.R. 1044(a); EO 244, 53 N.J.R. 1131(a)). Located through the CourtListener search API; the reporter citation was not verified in this session and the case is cited by docket number and date.