Bergen exec's 'moral authority' order to shut malls, businesses postponed until Saturday
The morning after Bergen County Executive James Tedesco cited a "moral authority" to shut down county malls and non-essential businesses to slow the spread of the coronavirus, his office now says the closures will be postponed until Saturday.
Tedesco announced the near-total retail shutdown during an emotional press conference Monday, saying the rules would save lives and daring businesses to sue him over the order. His office delayed the move in a two-sentence press release issued Tuesday morning that says the delay will "provide additional clarity" and put the county rules "in conjunction with state government."
The plan to close Bergen's malls became moot on Tuesday afternoon, however, when Gov. Phil Murphy announced he was ordering all New Jersey malls to close by 8 p.m. Tuesday evening. Some mall restaurants can stay open for deliveries and take-out orders only.
The whiplash moves are sure to add to the anxiety of retailers and consumers already fearful over the spread of the coronavirus and confused about what they can and cannot do. State officials say there are 267 coronavirus cases statewide. Bergen County has been hit the hardest, with 84 residents testing positive.
As more virus cases have been identified, local officials like Tedesco have taken their own steps to force the kind of "social distancing" encouraged by the Centers for Disease Control and Prevention. The township of Wayne on Monday ordered Willowbrook Mall and Wayne Towne Center to close to the public. Hoboken implemented a "shelter in place" order on Tuesday.
Murphy said Tuesday the state has tried to be accommodating to local and county officials who take actions they believe are necessary to protect public health, but "it's the state that makes the final call" about whether local actions should be enforced or reversed.
"There is by nature going to be some amount of confusion when you take steps that are this drastic," he said. "I don’t hold it against any local or county leadership. I haven’t found one person whose heart’s not in the right place."
Tedesco's action ordered retail locations to close, except for supermarkets, liquor stores, gas stations and more. The proposed changes led to widespread confusion, according to a Bergen County elected official who said he was inundated with texts, emails and phone calls from union officials and business owners after Tedesco issued his order.
Among those upset was the owner of a one-person mechanic shop. Tedesco's order says mechanics must close unless they are attached to a gas station.
“It was 12 hours of chaos,’’ the official said of Tedesco’s order.
Tedesco conceded Monday that state Attorney General Gurbir Grewal had not yet reviewed the county's plan. And when asked if he had the legal authority to issue that kind of order, Tedesco said he had the "moral authority" to do so. By Tuesday, he had backed off implementing the changes until Saturday at 8 a.m. but defended his decision to order businesses to close.
"Our procedures make every attempt to be consistent with state guidelines, but we must remember that the severity of the situation in Bergen County is greater than any other area in the state," Tedesco said Tuesday.
Columnist Charles Stile contributed to this story.
Anthony Zurita is a breaking news reporter for NorthJersey.com. For unlimited access to all the major news happening in North Jersey, subscribe here. To get breaking news directly to your inbox, sign up for our newsletter.
Email: zuritaa@northjersey.com Twitter: @AnthonyRZurita