Middletown Restaurant Accused Of Breaking Rules While Murphy Ate

MIDDLETOWN, NJ — While Gov. Phil Murphy dined just feet away on the outdoor terrace of high-end local restaurant Nicholas Barrel & Roost Wednesday night, Middletown police officers were on the front sidewalk, threatening to issue the owner a summons for violating the state's indoor dining ban, the restaurant owner said.

"Gov. Murphy shows up here last night at the exact same time the police are coming to give me a summons," fumed Nicholas Harary, owner of the fine dining establishment on the Red Bank/Middletown border.

Middletown Administrator Anthony Mercantante said the town has gotten numerous complaints about indoor dining at the restaurant, and said the decision whether to issue a summons will ultimately come from the Monmouth County Prosecutor's office.

He said Middletown police officers were not aware Murphy was dining there Wednesday night.

"They did not see him," said Mercantante. "But if we get another complaint, our police officers will be back there tonight (Thursday). And he will get a summonses if he keeps doing this. He is not even close to 50 percent, he is barely at 25 percent. We have to enforce the governor's executive order. It's not fair to all the other Middletown restaurants that are struggling."

Murphy said during a Friday news conference that he wasn't aware that anyone was eating inside. He also seemed to address some lawmakers who took him to task for eating at the restaurant, saying: "I mean, c'mon. I haven't eaten indoors – I can't even remember when I've eaten doors."

State Sen. Declan O'Scanlon, R-Monmouth, used the opportunity to blame Murphy for being overly cautious and keeping businesses closed too long amid the coronavirus crisis.

As far as the restaurant allegedly violating indoor dining rules, Murphy said: "I don't show up with a tape measure to try to figure out whether or not the guy has 50 percent of his walls open."

"If he doesn't, then he deserves whatever is coming his way, and if he does, then I wish him the best," he said. "But we were outside and had a really good meal."

The scene was first captured by More Monmouth Musings, a local political blog.

This summer, Harary underwent an ambitious renovation and in the process, converted two of the restaurant's walls to open at least 50 percent. Harary said he understands that this allows him to serve a limited number of diners indoors, per a July 9 executive order signed by the governor.

Except Middletown police don't see it that way, and have stopped by his restaurant for the past three nights in a row — Monday, Tuesday and Wednesday evenings — to question him about why he's allowing indoor dining.

When Middletown police came by for visit No. 3 at about 7 p.m. Wednesday night, Murphy and his security detail were actually on site at the restaurant; the governor lives very close by on Navesink River Road, and is a frequent patron, the owner said.

Harary said Murphy sat down to dine with a group of three others on the patio while he meanwhile argued with Middletown police both inside and on the sidewalk.

"They have come three nights in a row, and they told me they would be back tonight (Thursday) to give me the summonses," said Harary. "I said how much is this for? They said we don't know yet. We've never had to issue one before. They just told me verbally that I am getting a summonses and said they'll be back tonight."

Harary, a longtime Middletown resident, called Murphy a good friend, and said he thinks Murphy's decision to dine at his restaurant shows the governor, at least, supports his indoor seating.

"Phil has been a longtime support and friend," said Harary. "He and I have had heated debates and we don't agree on anything. He's a Red Sox fan; I'm a Yankees fan. When it comes to politics it's even worse. But as a business owner, you have to serve both Republicans and Democrats."

"Phil knows my opinions: That restaurants should have opened a long time ago. And I also know his opinions. And I accept that. That is what makes America a very unique country around the world; you have people of opposing viewpoints. I am not going to turn him and his family away to dine — I've know his kids since before they were born."

Harary has taken plenty of online bashing from the Middletown community for his open-air restaurant, which he insists is perfectly legal.

"There is so much air movement inside that the chandeliers are swinging back and forth," he said. "The idea is to keep people safe and put my employees back to work. And I said this to the police officers and to the mayor of Middletown. Now, if you come by at 11 a.m., you will see the two doors closed. But when we open them, we are compliant. We are one of a number of restaurants in the area that can do this."

Harary also said he's a pawn being caught in a political game.

"People were here last night taking photos of Murphy because they want to make him look bad," he said. "But I don't get why people are screaming restaurants should be open, and they want to shut this one down."

"I'm serving 40 to 50 people a night. Do you think I can make money off that? No, I can't," he continued. "But I am doing the right thing by keeping my staff off unemployment. There are 24 young children of my staff members and they need their parents back to work."

"How did I become the bad guy?" he asked. "When did the small-business owner become the bad guy? I'm caught in the middle of this and I don't understand it."

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This article originally appeared on the Middletown Patch