UPDATE: Bergen County planned retail shutdown canceled

Bergen County Executive James Tedesco is revising his plan to sharply curtail retail activity in the county to combat the spread of the coronavirus.

It's not clear what Tedesco's new plan is. He did not release it publicly and an initial request to see it was not immediately returned.

Tedesco said in a statement on Wednesday that he has submitted a new executive order to Gov. Phil Murphy's administration "to be in conjunction with the governor's statewide emergency declaration." The old executive order would have placed sharp limits on the types of businesses that could stay open in Bergen County starting Saturday.

Tedesco announced his plan for broad closures on Monday, conceding that state Attorney General Gurbir Grewal hadn't reviewed it yet. But Tedesco said at the time he believed it was the only way to protect county residents, workers and shoppers from the coronavirus. Bergen County now has 114 positive cases, nearly a third of the state's 427 cases.

Murphy has resisted criticizing Tedesco's order in public but stressed that he can override local and county orders. Asked about Tedesco's plan at a news conference on Wednesday, Murphy said, "I haven't found one person whose heart's not in the right place but at the end of the day the bucks stops with us."

Tedesco's order went well beyond Murphy's recent edicts closing malls, bars, gyms and restaurants to the public. It would have shut down almost all retail locations and all construction work in Bergen County. Even dentists would not have been allowed to open absent emergencies. Mechanics would have been able to stay open only if they were attached to gas stations. Groups of more than four people, except families, would not have been allowed to gather in public at any time.

The Murphy administration declined to say whether it reversed Tedesco's order. In a statement Grewal said any county or local orders that are in conflict with Murphy's executive orders are "invalid."

“Counties and municipalities should therefore consult with the governor’s office before imposing additional requirements or conditions," he said.

Tedesco's order created confusion and fear among business owners in New Jersey’s retail capital who are already struggling with a dramatic dip in sales as customers fearful of contracting the virus stay sheltered in their homes. It also led to the threat of lawsuits. At a press conference on Monday, Tedesco dared people to sue him.

“If you’re telling us it’s more important to sell a car than save a life, I don’t agree,” he said. “You want to take me to court, take me to court.”

The order would have halted construction work and all roadwork, including non-emergency utility repairs. Jack Kocsis, CEO of Associated Construction Contractors of New Jersey, told NorthJersey.com the order was "illegal" and said he wrote to Tedesco on Wednesday to say his group would sue if necessary.

"It's outside his realm," Kocsis said. "To have this broad, sweeping directive to apply to everything just doesn’t make any sense at all. Never seen it before. Unprecedented.”

Bergen County is a retail hotbed. Paramus alone has an estimated 11.2 million square feet of retail space, with 4.6 million square feet of that in its four malls — Westfield Garden State Plaza, The Outlets at Bergen Town Center, Paramus Park, and the Fashion Center. The county also is home to large indoor malls like The Shops at Riverside in Hackensack, and the American Dream mega mall in East Rutherford. Smaller businesses and retailers riddle the county's downtowns.

The growing pandemic has delivered a devastating blow to the nation's economy, which experts predict will remain volatile despite gains for some sectors, like the health industry. Some businesses are shutting down leaving many without work, while others, like Amazon, are hiring thousands to help deal with growing demand of online orders and boosting pay through the coming weeks.

Robin C. Ricca owns Ricca Auto Body in Hackensack with his brother. It's been in business for 43 years and they had made plans to lay off all its employees on Friday because of Tedesco's order.

Ricca said disagreed with Tedesco that stand-alone mechanics are not essential services, but added that he understands Tedesco's wish to limit retail activity.

“I think that what they’re doing is correct based on the fact that this COVID-19 is spreading rapidly,” he said. “There’s no question that this is serious business and we need to put it to rest fast so we can get back to a normal summer.”

Terrence T. McDonald is a reporter for NorthJersey.com. For unlimited access to the most important news from your local community, please subscribe or activate your digital account today.

Email: mcdonaldt@northjersey.com Twitter: @terrencemcd