Murphy says New Jersey will sue Asbury Park over indoor dining restrictions

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The state of New Jersey plans to sue a shore town that has defied an executive order by authorizing indoor dining to begin on Monday.

The town’s city council on Wednesday approved a resolution permitting its restaurants to host diners indoors on Monday, with some restrictions on capacity. That is in direct defiance of New Jersey Gov. Phil Murphy’s executive order that allows outdoor dining beginning Monday but not indoor dining.

At his daily briefing Thursday, Murphy, a Democrat, said the town’s plans “are inconsistent with my executive order. We cannot have one set of rules for one town and another for another town.”

MORE: Asbury Park defies Murphy's order, will allow indoor dining

Murphy began his daily COVID-19 briefing on Friday by saying his administration had spoken with officials in Asbury Park but hadn't resolved the issue.

Asbury Park’s resolution would permit restaurants to host diners inside at 25% of the building’s capacity or 50 people, whichever is less.

According to the Asbury Park Press, Deputy Mayor Amy Quinn said the city took the action because restrictions implemented to control the coronavirus pandemic were taking a toll on the city’s restaurants. A popular eatery announced last week it would close permanently.

RELATED: Outdoor dining, salons, barbershops to open later this month in New Jersey

Allowing diners inside still carries risks.

“While the city of Asbury Park is not going to levy any fines against you, the state of New Jersey could,” Quinn, a Democrat, said.

Murphy gave no indication Thursday when restaurants will be able to reopen for indoor seating, aside from saying he hoped it was “sooner rather than later.”

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