Murphy’s outdoor dining extension: an admission of government’s necessary limits

I laugh every time a politician (usually a Democrat) demands a pat on the back for offering tax rebates, Save Jerseyans. It’s our money after all; returning what was unjustly and unwisely taxed in the first place isn’t a favor on the back end.

We can say the same about rights usurped and subsequently returned.

Here’s a recent example worth noting: last week, Governor Phil Murphy signed legislation (S-2364) continuing a pandemic-era practice permitting New Jersey dining establishments to offer outdoor dining – including on sidewalks and parking lots – from April 1st through November 30th through 2024. Special outdoor permits for booze are also being extended.

“Continuing this successful practice will not only benefit small business owners, but also many patrons who have come to enjoy the atmosphere and opportunities outdoor dining offers,” Murphy told those assembled for the bill signing outside of Vesta Wood-Fired Pizza in East Rutherford:

https://twitter.com/GovMurphy/status/1554883166493614080

Outdoor dining is hugely popular with the people of New Jersey and yours truly is no exception.

That’s not the proximate point. What is:

Why were these anti-outdoor dining rules in place to begin with?

Yes, I can see where a municipality may need to regulate dining on a sidewalk. Why can’t a gastropub, Italian eatery or local brewery, for example, put a few benches and tables in their own parking lot or front lawn on a temperate Saturday afternoon to serve patrons looking for some natural atmosphere?

Why is it up to Phil how a business utilizes its own space?

We’ve covered examples of the Murphy Administration’s outdoor permissions not going as smoothly as advertised especially if an establishment wants to keep a tent up year-round.

If we lived in a sane state with elected officials capable of self reflection, the success of outdoor dining would present a golden opportunity not for Trenton chest-thumping but to revisit the proper role of government (which – spoiler alert – should be far more limited than Governor Murphy and his colleagues think it should be).

Matt Rooney
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MATT ROONEY is SaveJersey.com's founder and editor-in-chief, a practicing New Jersey attorney, and the host of 'The Matt Rooney Show' on 1210 WPHT every Sunday evening from 7-10PM EST.