Exhibit 9
EXECUTIVE ORDER NO. 107 

WHEREAS, through Executive Order No. 102 (2020), which I 

signed on February 3, 2020, I created the State’s Coronavirus Task 

Force, chaired by the Commissioner of the New Jersey Department of 

Health (“DOH”), in order to coordinate the State’s efforts to 

appropriately prepare for and respond to the public health hazard 

posed by Coronavirus disease 2019 (“COVID-19”); and 

WHEREAS, in light of the dangers posed by COVID-19, I issued 

Executive Order No. 103 (2020) 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, in accordance with N.J.S.A. App. A:9-34 and -51, I 

reserved the right to utilize and employ all available resources 

of State government to protect against the emergency created by 

COVID-19; and 

WHEREAS, in accordance with N.J.S.A App. A:9-40, I declared 

that, due to the State of Emergency, no municipality, county, or 

any agency or political subdivision of this State shall enact or 

enforce any order, rule, regulation, ordinance, or resolution 

which will or might in any way conflict with any of the provisions 

of my Executive Orders, or which will in any way interfere with or 

impede their achievement; and 

WHEREAS, to further protect the health, safety, and welfare 

of New Jersey residents by, among other things, reducing the rate 

of community spread of COVID-19, I issued Executive Order No. 104 

(2020) on March 16, 2020, the facts and circumstances of which are 

also adopted by reference herein, which established statewide 

social mitigation strategies for combatting COVID-19; and 
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WHEREAS, Executive Order No. 104 (2020) limited the scope of 

service and hours of operation for restaurants and certain retail 

establishments to balance the need to allow individuals to access 

food and other essential materials with the need to limit 

unnecessary person-to-person contact; and 

WHEREAS, Executive Order No. 104 (2020) deemed a subset of 

businesses as “essential,” including grocery/food stores, 

pharmacies, medical supply stores, gas stations, healthcare 

facilities, and ancillary stores within healthcare facilities, and 

it authorized the State Director of Emergency Management, who is 

the Superintendent of State Police, to make additions, amendments, 

clarifications, exceptions, and exclusions to that list; and 

WHEREAS, Executive Order No. 104 (2020) made clear that such 

essential businesses may continue operating without limits on 

their scope of service or hours of operation, absent further 

amendments by the State Director of Emergency Management; and 

WHEREAS, Executive Order No. 104 (2020) and subsequent 

Administrative Orders issued by the State Director of Emergency 

Management also placed restrictions on other businesses’ scope of 

service and hours of operation, and also placed restrictions on 

the size of gatherings in the State; and 

WHEREAS, as of March 20, 2020, according to the Centers for 

Disease Control and Prevention (“CDC”), there were more than 

234,000 confirmed cases of COVID-19 worldwide, with over 9,800 of 

those cases having resulted in death; and 

WHEREAS, as of March 20, 2020, there were more than 15,000 

confirmed cases of COVID-19 in the United States, with at least 

201 of those cases having resulted in death; and 

WHEREAS, as of March 20, 2020, there were at least 890 

positive cases of COVID-19 in New Jersey, with at least 11 of those 

cases having resulted in death; and 
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WHEREAS, social mitigation strategies for combatting COVID19 require every effort to reduce the rate of community spread of 

the disease; and 

WHEREAS, the CDC has advised that COVID-19 spreads most 

frequently through person-to-person contact when individuals are 

within six feet or less of one another; and 

WHEREAS, as a result, the CDC has recommended that individuals 

practice “social distancing” to prevent community spread of the 

virus; and 

WHEREAS, the CDC has defined social distancing as the practice 

of “remaining out of congregate settings, avoiding mass 

gatherings, and maintaining distance (approximately 6 feet or 2 

meters) from others when possible”; and 

WHEREAS, to mitigate community spread of COVID-19, it is 

necessary to limit the unnecessary movement of individuals in and 

around their communities and person-to-person interactions in 

accordance with CDC and DOH guidance; and 

WHEREAS, the best way for New Jersey residents to keep 

themselves, their families, and their communities safe during the 

COVID-19 outbreak is to stay at home as much as possible; and 

WHEREAS, as of March 15, 2020, the CDC recommends that for 

the next eight weeks, gatherings of 50 or more people be canceled 

or postponed throughout the United States; and 

WHEREAS, as of March 16, 2020, the White House went further 

than the CDC had and recommended that Americans avoid social 

gatherings in groups of more than 10 people; and 

WHEREAS, restricting the physical presence of individuals in 

office environments and work sites is critical to preventing future 

spread of COVID-19; and 
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WHEREAS, accommodating work-from-home arrangements is an 

effective means to ensure continuity of operations while also 

limiting person-to-person contact; and 

WHEREAS, the CDC has recommended employers to establish 

policies and practices to increase the physical distance among 

employees and between employees; and 

WHEREAS, permitting the workforce to work from home may reduce 

stress on the State’s child care system; and 

WHEREAS, as of March 19, 2020, I have instructed all State 

departments and agencies to utilize work-from-home arrangements 

for both essential and non-essential employees wherever feasible; 

and 

WHEREAS, given the rapidly rising incidence of COVID-19, 

temporarily closing non-essential retail businesses will 

strengthen New Jersey’s efforts to slow the spread of COVID-19; 

and 

WHEREAS, even as we institute social distancing measures, the 

number of COVID-19 cases in New Jersey is likely to increase for 

the immediate future, meaning we must take all possible steps to 

preserve our health care system’s capacity to treat those who 

require emergency or intensive care; and 

 WHEREAS, the Constitution and statutes of the State of New 

Jersey, particularly the provisions of N.J.S.A. 26:13-1 et 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: 
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1. The operative paragraphs of Executive Order No. 104 

(2020) are hereby superseded in full. The factual findings of 

Executive Order No. 104 (2020) remain applicable except to the 

extent they are in conflict with the factual findings in this or 

any intervening Executive Order. 

2. All New Jersey residents shall remain home or at their 

place of residence unless they are 1) obtaining goods or services 

from essential retail businesses, as described in Paragraph 6; 2) 

obtaining takeout food or beverages from restaurants, other dining 

establishments, or food courts, pursuant to Paragraph 8; 3) seeking 

medical attention, essential social services, or assistance from 

law enforcement or emergency services; 4) visiting family or other 

individuals with whom the resident has a close personal 

relationship, such as those for whom the individual is a caretaker 

or romantic partner; 5) reporting to, or performing, their job; 6) 

walking, running, operating a wheelchair, or engaging in outdoor 

activities with immediate family members, caretakers, household 

members, or romantic partners while following best social 

distancing practices with other individuals, including staying six 

feet apart; 7) leaving the home for an educational, religious, or 

political reason; 8) leaving because of a reasonable fear for his 

or her health or safety; or 9) leaving at the direction of law 

enforcement or other government agency. 

3. When in public, individuals must practice social 

distancing and stay six feet apart whenever practicable, excluding 

immediate family members, caretakers, household members, or 

romantic partners. 

4. Individuals who have to travel pursuant to Paragraph 2 

should only use public transportation only if they have no other 

feasible choice. Individuals who ride public transportation 

should abide by best social distancing practices, including making 
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all efforts to stand or sit six feet away from other riders and 

frequently use sanitizing products. 

5. Gatherings of individuals, such as parties, 

celebrations, or other social events, are cancelled, unless 

otherwise authorized by any part of this Order. The State Director 

of Emergency Management, who is the Superintendent of the State 

Police, shall have the discretion to make clarifications and issue 

orders related to this provision. 

6. The brick-and-mortar premises of all non-essential 

retail businesses must close to the public as long as this Order 

remains in effect. Essential retail businesses, listed below, are 

excluded from this directive and may remain open during their 

normal business hours. Essential retail businesses must, wherever 

practicable, provide pickup services outside or adjacent to their 

stores for goods ordered in advance online or by phone. 

Additionally, online and telephonic delivery services are 

permitted to the extent the retail business is authorized to 

operate an online or telephonic delivery service under existing 

law. The State Director of Emergency Management, who is the 

Superintendent of the State Police, shall have the discretion to 

make additions, amendments, clarifications, exceptions, and 

exclusions to this list: 

a. Grocery stores, farmer’s markets and farms that 

sell directly to customers, and other food stores, 

including retailers that offer a varied assortment 

of foods comparable to what exists at a grocery 

store; 

b. Pharmacies and alternative treatment centers that 

dispense medicinal marijuana; 

c. Medical supply stores; 

d. Retail functions of gas stations; 
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e. Convenience stores; 

f. Ancillary stores within healthcare facilities; 

g. Hardware and home improvement stores; 

h. Retail functions of banks and other financial 

institutions; 

i. Retail functions of laundromats and dry-cleaning 

services; 

j. Stores that principally sell supplies for children 

under five years old; 

k. Pet stores; 

l. Liquor stores; 

m. Car dealerships, but only to provide auto 

maintenance and repair services, and auto 

mechanics; 

n. Retail functions of printing and office supply 

shops; and 

o. Retail functions of mail and delivery stores. 

7. Any essential retail business whose brick-and-mortar 

premises remain open to the public shall abide by social distancing 

practices to the extent practicable while providing essential 

services. These include all reasonable efforts to keep customers 

six feet apart and frequent use of sanitizing products on common 

surfaces. 

8. All restaurants, cafeterias, dining establishments, and 

food courts, with or without a liquor license, all bars, and all 

other holders of a liquor license with retail consumption 

privileges, are permitted to operate their normal business hours, 

but are limited to offering only food delivery and/or take-out 

services in accordance with their existing liquor licenses. If 

alcoholic beverages are to be sold from a restaurant, dining 

establishment or bar with a liquor license, such sales shall be 
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limited to original containers sold from the principal public 

barroom. The on-premises consumption of alcohol is prohibited. 

All retail sales of alcoholic beverages by limited brewery 

licensees, restricted brewery licensees, plenary and farm winery 

licensees (and associated salesrooms), craft distillery licensees 

and cidery and meadery licensees must be in original containers 

and must be sold through customer pick up and/or delivered by 

licensees in accordance with their existing licenses. 

9. All recreational and entertainment businesses, including 

but not limited to the following list, must close to the public as 

long as this Order remains in effect. The State Director of 

Emergency Management, who is the Superintendent of State Police, 

shall have the discretion to make additions, amendments, 

clarifications, exceptions, and exclusions to this list: 

a. Casino gaming floors, including retail sports 

wagering lounges, and casino concert and 

entertainment venues. Online and mobile sports and 

casino gaming services may continue to be offered 

notwithstanding the closure of the physical 

facility. 

b. Racetracks, including stabling facilities and 

retail sports wagering lounges. Mobile sports 

wagering services may continue to be offered 

notwithstanding the closure of the physical 

facility. 

c. Gyms and fitness centers and classes. 

d. Entertainment centers, including but not limited 

to, movie theaters, performing arts centers, other 

concert venues, and nightclubs. 

e. All indoor portions of retail shopping malls. 

Restaurants and other stores located within 
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shopping malls that have their own external 

entrances open to the public, separate from the 

general mall entrance, may remain open pursuant to 

the terms and directives of this Order for 

operating hours and takeout or food delivery 

services. All entrances and exits to the common 

area portions of retail shopping malls must remain 

closed. 

f. All places of public amusement, whether indoors or 

outdoors, including but not limited to, locations 

with amusement parks, water parks, aquariums, zoos, 

arcades, fairs, children’s play centers, funplexes, 

theme parks, bowling alleys, family and children’s 

attractions. 

g. Facilities where personal care services are 

performed that, by their very nature, result in 

noncompliance with social distancing guidelines, 

including but not limited to cosmetology shops; 

barber shops; beauty salons; hair braiding shops; 

nail salons; electrology facilities; spas, 

including day spas and medical spas, at which 

solely elective and cosmetic medical procedures are 

performed; massage parlors, tanning salons, tattoo 

parlors, and public and private social clubs, 

whether or not they serve alcohol, including but 

not limited to facilities owned or operated by the 

American Legion, Veterans of Foreign Wars, Knights 

of Columbus, and any other social clubs associated 

with community service organizations. This 

excludes any health facilities that provide 

medically necessary or therapeutic services. 
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h. All municipal, county, and State public libraries, 

and all libraries and computer labs at public and 

private colleges and universities. 

10. All businesses or non-profits in the State, whether 

closed or open to the public, must accommodate their workforce, 

wherever practicable, for telework or work-from-home arrangements. 

For purposes of this order, “telework” means the practice of 

working from home or alternative locations closer to home through 

the use of technology that equips the individual to access 

necessary materials. 

11. To the extent a business or non-profit has employees 

that cannot perform their functions via telework or work-from-home 

arrangements, the business or non-profit should make best efforts 

to reduce staff on site to the minimal number necessary to ensure 

that essential operations can continue. Examples of employees who 

need to be physically present at their work site in order to 

perform their duties include, but are not limited to, law 

enforcement officers, fire fighters, and other first responders, 

cashiers or store clerks, construction workers, utility workers, 

repair workers, warehouse workers, lab researchers, information 

technology maintenance workers, janitorial and custodial staff, 

and certain administrative staff. 

12. All public, private, and parochial preschool program 

premises, and elementary and secondary schools, including charter 

and renaissance schools, shall remain closed to students as long 

as this Order remains in effect. 

13. All institutions of higher education shall continue to 

cease such in-person instruction as long as this Order remains in 

effect. The Secretary of the Office of Higher Education shall have 

the authority to grant a waiver to allow in-person instruction to 

students on a case-by-case basis where a compelling rationale to 
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allow such access exists. The Secretary of the Office of Higher 

Education shall coordinate with institutions of higher education 

to determine appropriate student housing conditions for those 

students who reside in on-campus housing as their primary 

residence. 

14. The Commissioner of the Department of Education (“DOE”), 

in consultation with the Commissioner of DOH, shall be authorized 

to permit schools to remain open on a limited basis for the 

provision of food or other essential, non-educational services, or 

for educational or child care services if needed in emergency 

situations after consultation with the Commissioner of DOH. The 

Commissioner of DOE shall also have the authority to close any 

other career or training facilities over which he has oversight, 

after consultation with the Commissioner of DOH. 

15. The Commissioner of DOE shall continue working with each 

public school district, and private and parochial schools as 

appropriate, to ensure that students are able to continue their 

educations during this time period through appropriate home 

instruction. Local school districts, charter schools, and 

renaissance schools, in consultation with the Commissioner of DOE, 

shall have the authority and discretion to determine home 

instruction arrangements as appropriate on a case-by-case basis to 

ensure all students are provided with appropriate home 

instruction, taking into account all relevant constitutional and 

statutory obligations. 

16. The Secretary of the Department of Agriculture, in 

conjunction with the Commissioner of DOE, shall take all necessary 

actions to ensure that all students eligible for free or reduced 

meals shall continue to receive the services or supports necessary 

to meet nutritional needs during closures. 
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17. Nothing in this Order shall be construed to limit, 

prohibit, or restrict in any way the provision of health care or 

medical services to members of the public. 

18. Nothing in this Order shall be construed to limit, 

prohibit, or restrict in any way access to essential services for 

low-income residents, including but not limited to food banks. 

19. Nothing in this Order shall be construed to limit, 

prohibit, or restrict in any way the operations of newspapers, 

television, radio, and other media services. 

20. Nothing in this Order shall be construed to limit, 

prohibit, or restrict in any way the operations of law enforcement 

agencies. 

21. Nothing in this Order shall be construed to limit, 

prohibit, or restrict in any way the operations of the federal 

government, or the movement of federal officials in New Jersey 

while acting in their official capacity. 

22. In accordance with N.J.S.A. App. A:9-33, et seq., as 

supplemented and amended, the State Director of Emergency 

Management, who is the Superintendent of State Police, through the 

police agencies under his control, to determine and control the 

direction of the flow of vehicular traffic on any State or 

interstate highway, municipal or county road, and any access road, 

including the right to detour, reroute, or divert any or all 

traffic and to prevent ingress or egress from any area that, in 

the State Director's discretion, is deemed necessary for the 

protection of the health, safety, and welfare of the public, and 

to remove parked or abandoned vehicles from such roadways as 

conditions warrant. 

23. The Attorney General, pursuant to the provisions of 

N.J.S.A. 39:4-213, shall act through the Superintendent of State 

Police, to determine and control the direction of the flow of 
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vehicular traffic on any State or interstate highway, municipal or 

county road, and any access road, including the right to detour, 

reroute, or divert any or all traffic, to prevent ingress or 

egress, and to determine the type of vehicle or vehicles to be 

operated on such roadways. I further authorize all law enforcement 

officers to enforce any such order of the Attorney General or 

Superintendent of State Police within their respective 

municipalities. 

24. It shall be the duty of every person or entity in this 

State or doing business in this State and of the members of the 

governing body and every official, employee, or agent of every 

political subdivision in this State and of each member of all other 

governmental bodies, agencies, and authorities in this State of 

any nature whatsoever, to cooperate fully in all matters concerning 

this Executive Order. 

25. Penalties for violations of this Executive Order may be 

imposed under, among other statutes, N.J.S.A. App. A:9-49 and -

50. 

26. This Order shall take effect on Saturday, March 21, 2020, 

at 9:00 p.m., and shall remain in effect until revoked or modified 

by the Governor, who shall consult with the Commissioner of DOH as 

appropriate. 

 GIVEN, under my hand and seal this 

21st day of March, 

Two Thousand and Twenty, and 

of the Independence of the 

United States, the Two 

Hundred and Forty-Fourth. 

 [seal] /s/ Philip D. Murphy 

 Governor 

Attest: 

/s/ Matthew J. Platkin 

Chief Counsel to the Governor