The contradiction was stark. The governor appeared in published photos over the weekend leading an
anti-racism protest in Hillside. The same weekend, Jennifer Rogers received two summonses for hosting an improper protest May 30 at her tennis center in Randolph, which was closed almost three months ago by the state’s pandemic-related regulations.

More than once, Phil Murphy has been asked at his regular briefings if the many George Floyd-related protests are violating executive orders on gatherings.

He sort of acknowledges that they are, but says the importance of the protests supersede the executive orrders – at least as a practical matter. But he wants those protesting to wear masks, which most of the
time has been the case.

Some may buy that logic; some may not.

The bottom line, however, is that if authorities let some protests go on without issuing summonses, logic says all should be allowed to go on.

The protest in Randolph drew about 200 people and featured an array of speakers who supported a quicker reopening of New Jersey small businesses.

At one point, a Randolph police officer dropped by, but other than attending to a parking concern, nothing was done to interfere with the event.

Rogers says on the club’s Facebook page that she received two summonses by mail on June 6, which was Saturday. Each was for violating state executive orders. She was instructed to appear in municipal court at a “date to be determined.”

Reaction from her supporters has been quick with a “Go Fund Me” page being created.

The summonses were issued by Randolph police, who in response to a call seeking more information said they are following Murphy’s order. The “letter of the law” says police did the right thing; this was a public gathering that violated state executive orders.

But no sensible person can ignore the contradiction of some protests being allowed and some not being allowed.

Assemblyman Brian Bergen, R-25, who was at the Randolph protest, summed up things this way:

“Transparency and clarity are two missing items under Governor Murphy’s leadership. I’ve said from the beginning of this pandemic that the governor was picking winners and losers.  We’ve reached a new low when we allow him to selectively choose who is afforded their constitutionally protected rights and who is not.”

Rogers says she will defend herself and also hints at filing a civil rights suit.

Local police don’t operate in a vacuum. They are beholden to the county prosecutor who is beholden to the state Attorney General. That brings this local matter inside the governor’s orbit.

He speaks about the anti-racism protests just about every day now. It may be time for Murphy to say all protests are “OK,” even if they technically violate the rules. And even if he disagrees with the message.

If not, it’s going to be awfully tough for the governor to deny the charge that he is indeed picking winners and losers.