
John G. Geppert, Jr.
Partner
201-896-7097 jgeppert@sh-law.comFirm News
Author: John G. Geppert, Jr.
Date: May 15, 2020
Partner
201-896-7097 jgeppert@sh-law.comNew Jersey Gov. Phil Murphy is slowly lifting restrictions that were put in place to help curb the spread of coronavirus (COVID-19). However, prohibitions of large public gatherings will likely remain in place for the foreseeable future.
With high school graduations around the corner, Gov. Murphy’s latest executive order is offering a glimmer of hope that the events can be salvaged, although in a modified form. Executive Order No. 142 (Order) permits car gatherings for the purpose of drive-through and drive-in events under specific circumstances.
The Order specifically states that car gatherings do not violate the Governor’s ban on gatherings under Executive Order No. 107, with certain restrictions. Although examples of authorized car gatherings might include drive-in movies, or drive-through farms or safaris, a school district might raise the question of whether it may be appropriate for a graduation celebration. In considering this question, please note that car gatherings will be subject to serious restrictions in the Order, which include but are not limited to the following:
Gov. Murphy’s Order reverses the earlier position taken by New Jersey State Police Superintendent Col. Patrick Callahan in a letter issued to the state Department of Education and school districts on May 9, 2020. “In the best interest of the health and safety of the public, in-person ceremonies, including graduations, all parades including ‘wave parades,’ that invite people to gather at a certain location, proms, and other similar celebrations violate the enumerated conditions of the order (Executive Order 107), and should therefore be canceled or postponed until such time as these restrictions are lifted,” Callahan’s wrote. “Until such time, virtual celebrations and other remote forms of recognition should take the place of any in-person or public ceremonies.”
In light of Executive Order No. 142, car gatherings may present a viable option for schools to hold a form of a graduation celebration. However, there are serious practical and legal concerns that should be carefully taken into consideration.
As the Order highlights, while attendees at gatherings who remain in their vehicles pose a lower threat to public health and safety, allowing individuals to leave their vehicle or open their windows or roofs when in proximity with other individuals could result in significant person-to-person contact and would violate the Order. Accordingly, there must be careful limits placed on car gatherings, particularly those involving large groups of people.
School districts should also consider the potential liability if someone contracts COVID-19 during the event and determine what steps should be taken to reduce such risks. Additional concerns are crowd control, liability for injury and a refusal by participants to abide by the rules. Finally, it is also necessary for districts to contact their insurance carrier regarding the carrier’s position on any potential plans before deciding to hold a school-sponsored or sanctioned car gathering.
For more information about Gov. Murphy’s Order authorizing car gatherings or the legal issues involved, we encourage you to contact a member of Scarinci Hollenbeck’s Government and Education Law Group.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Scarinci Hollenbeck Partner Nathanya G. Simon named by ROI-NJ to the “ROI Influencers: Women in Business” list for fourth consecutive year Scarinci Hollenbeck Partner Nathanya G. Simon has been named by ROI-NJ to the “ROI Influencers: Women in Business” list for 2025. After four decades of practice, Nathanya’s pioneering influence in the field of special […]
Author: Scarinci Hollenbeck, LLC
Congratulations Angela Turiano on appointment as Director of Legislative Affairs for SHRM Princeton April 17, 2025 – Little Falls, NJ – Scarinci & Hollenbeck, LLC congratulates Partner Angela Turiano on her appointment as Director of Legislative Affairs for SHRM Princeton. Along with serving as a member of SHRM Princeton’s leadership team, Angela will monitor pending legislative, regulatory, […]
Author: Scarinci Hollenbeck, LLC
Congratulations Brittany P. Tarabour for Nomination as Three-Year Trustee of the Monmouth Bar Association Red Bank, NJ – April 9, 2025 – Scarinci & Hollenbeck, LLC proudly congratulates Brittany P. Tarabour on her nomination by the Monmouth Bar Association to serve as a Three-Year Trustee. Founded in 1908, the Monmouth Bar Association is dedicated to […]
Author: Scarinci Hollenbeck, LLC
Scarinci Hollenbeck Partner Ron Bienstock Featured on Bloomberg Law Podcast to Discuss Dua Lipa Copyright Infringement Lawsuits Little Falls, NJ – April 8, 2025 – Scarinci & Hollenbeck, LLC Partner and Chair of the firm’s Intellectual Property and Entertainment & Media departments Ronald S. Bienstock was recently featured on the Bloomberg Law podcast to discuss […]
Author: Scarinci Hollenbeck, LLC
Scarinci Hollenbeck Attorneys From Little Falls and Red Bank Named to 2025 New Jersey Super Lawyers List Little Falls, NJ – April 2, 2025 – Scarinci & Hollenbeck, LLC attorneys from both NJ offices were named to the 2025 New Jersey Super Lawyers and Rising Stars list. Each attorney was chosen in recognition of their […]
Author: Scarinci Hollenbeck, LLC
On Thursday, April 3, 2025, Partner Angela Turiano will make her fifth appearance as a mock arbitrator for the Securities Arbitration Clinic at the prestigious Fordham School of Law. Angela will draw on her years of experience to provide feedback to these future lawyers after making opening presentations and closing arguments, with the goal of […]
Author: Scarinci Hollenbeck, LLC
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!