If that's true, one would hope the owners could find out who was stuffing paper towels into the sewer lines, and who put said individual(s) up to it.
A few more dirty tricks like that, and you might see this:
Or worse....
If that's true, one would hope the owners could find out who was stuffing paper towels into the sewer lines, and who put said individual(s) up to it.
A few more dirty tricks like that, and you might see this:
Or worse....
Also, apparently the shutdown was done when no one was around. Nothing untoward there.
Barr needs to step in. This is unbelievable.
I don’t see why this stuff doesn’t fall under the Fifth Amendment. They are just taking control of the business from the business owner with no compensation. The government is choosing which businesses it allows to open and which it closes. No equal protection.
Obama once said that the Constitution was a failed document because it only says what the government cannot do to you and not what the government CAN do to you.
The Lefties are a nasty bunch, they’ll stop at nothing.
If that’s true, then the Chicago Way is still alive and kicking.
Deep State sewage ops.
Fix the plumbing problem and reopen the gym. Simply ignore the government. If cops show up, then get out cell phones and record the video. Show these pigs for what they are - just following orders.
OR
They ran out of toilet paper because the members stole it all and then used whatever paper goods were in reach.
Having been in the damage restoration business many years ago, liability for a sewer backup is on whatever sewer district that services the gym, so the city is going to have to pay.
There is a very important distinction between a sewer backup and a plugged drain.
https://www.njleg.state.nj.us/2004/Bills/PL05/222_.PDF
NJ Emergency Health Powers Act, PL 2005, c 222 (S2085 4R)
Excerpt
C.26:13-8 Powers of commissioner relative to facilities, property; hearing.8. During a state of public health emergency, the commissioner may exercise the following powers over facilities or property:
a. Facilities. To close, direct and compel the evacuation of, or to decontaminate or cause to be decontaminated, any facility of which there is reasonable cause to believe that it may endanger the public health.
(1) Concurrent with or within 24 hours of decontamination or closure of a facility, the commissioner shall provide the facility with a written order notifying the facility of:
(a) the premises designated for decontamination or closure;
(b) the date and time at which the decontamination or closure will commence;
(c) a statement of the terms and conditions of the decontamination or closure;
(d) a statement of the basis upon which the decontamination or closure is justified; and
(e) the availability of a hearing to contest a closure order of a health care facility, as provided in paragraph (2) of this subsection.
(2) A health care facility subject to a closure order pursuant to this section may request a hearing in the Superior Court to contest the order.
Upon receiving a request for a hearing, the court shall fix a date for a hearing. The hearing shall be held within 72 hours of receipt of the request by the court, excluding Saturdays, Sundays and legal holidays. The court may proceed in a summary manner. At the hearing, the burden of proof shall be on the commissioner to prove by a preponderance of the evidence that the health care facility poses a threat to the public health and the closure order issued by the commissioner is warranted to address the threat.
(3) If, upon a hearing, the court finds that the closure of the health care facility is not warranted, the facility shall be released immediately from the closure order and reopened.
(4) The manner in which the request for a hearing pursuant to this subsection is filed and acted upon shall be in accordance with the Rules of Court.
b. Property. To decontaminate or cause to be decontaminated, or destroy, subject to the payment of reasonable costs as provided for in sections 24 and 25 of this act, any material of which there is reasonable cause to believe that it may endanger the public health.
c. In instances involving an overlap agent or toxin that causes a public health emergency, the department and the Department of Agriculture shall be responsible for their roles under their respective jurisdictions.
- - - - - - - - - - - - - - - - - - - -
C.26:13-9 Powers of commissioner relative to health care, other facilities, property, roads, public areas.
9. During a state of public health emergency, the commissioner may exercise, for such period as the state of public health emergency exists, the following powers concerning health care and other facilities, property, roads, or public areas:
a. Use of property and facilities. To procure, by condemnation or otherwise, subject to the payment of reasonable costs as provided for in sections 24 and 25 of this act, construct, lease, transport, store, maintain, renovate or distribute property and facilities as may be reasonable and necessary to respond to the public health emergency, with the right to take immediate possession thereof. Such property and facilities include, but are not limited to, communication devices, carriers, real estate, food and clothing. This authority shall also include the ability to accept and manage those goods and services donated for the purpose of responding to a public health emergency. The authority provided to the commissioner pursuant to this section shall not affect the existing authority or emergency response of other State agencies.
b. Use of health care facilities.
(1) To require, subject to the payment of reasonable costs as provided for in sections 24 and 25 of this act, a health care facility to provide services or the use of its facility if such services or use are reasonable and necessary to respond to the public health emergency, as a condition of licensure, authorization or the ability to continue doing business in the State as a health care facility. After consultation with the management of the health care facility, the commissioner may determine that the use of the facility may include transferring the management and supervision of the facility to the commissioner for a limited or unlimited period of time, but shall not exceed the duration of the public health emergency. In the event of such a transfer, the commissioner shall use the existing management of the health care facility.
(2) Concurrent with or within 24 hours of the transfer of the management and supervision of a health care facility, the commissioner shall provide the facility with a written order notifying the facility of:
(a) the premises designated for transfer;
(b) the date and time at which the transfer will commence;
(c) a statement of the terms and condition of the transfer;
(d) a statement of the basis upon which the transfer is justified; and
(e) the availability of a hearing to contest the order, as provided in paragraph (3) of this subsection.
(3) A health care facility subject to an order to transfer management and supervision to the commissioner pursuant to this section may request a hearing in the Superior Court to contest the order.
(a) Upon receiving a request for a hearing, the court shall fix a date for a hearing. The hearing shall be held within 72 hours of receipt of the request by the court, excluding Saturdays, Sundays and legal holidays. The court may proceed in a summary manner. At the hearing, the burden of proof shall be on the commissioner to prove by a preponderance of the evidence that transfer of the management and supervision of the health care facility is reasonable and necessary to respond to the public health emergency and the order issued by the commissioner is warranted to address the need.
(b) If, upon a hearing, the court finds that the transfer of the management and supervision of the health care facility is not warranted, the facility shall be released immediately from the transfer order.
(c) The manner in which the request for a hearing pursuant to this subsection is filed and acted upon shall be in accordance with the Rules of Court.
(4) A health care facility which provides services or the use of its facility or whose management or supervision is transferred to the commissioner pursuant to this subsection shall not be liable for any civil damages as a result of the commissioner's acts or omissions in providing medical care or treatment or any other services related to the public health emergency.
(5) For the duration of a state of public health emergency, the commissioner shall confer with the Commissioner of Banking and Insurance to request that the Department of Banking and Insurance waive regulations requiring compliance by a health care provider or health care facility with a managed care plan's administrative protocols, including but not limited to, prior authorization and pre-certification.
c. Control of property. To inspect, control, restrict, and regulate by rationing and using quotas, prohibitions on shipments, allocation or other means, the use, sale, dispensing, distribution or transportation of food, clothing and other commodities, as may be reasonable and necessary to respond to the public health emergency.
d. To identify areas that are or may be dangerous to the public health and to recommend to the Governor and the Attorney General that movement of persons within that area be restricted, if such action is reasonable and necessary to respond to the public health emergency.
Update on Atilis Gym in Belmawr, NJ.
Gov. Murphy had the water shut off at Atilis Gym and placed an EMBARGO against the property.. He is seizing their assets!! pic.twitter.com/4jNFTV8noH— Sandy Schneider (@sandyaschneider) May 23, 2020
