Multiple states continue to issue orders responding to the COVID-19 pandemic. For up-to-date information regarding which states have issued Executive Orders to stay at home and to close non-essential businesses, see our COVID-19 Response Team's interactive map, available here.
The week concluded with Alaska, Colorado, Idaho, Minnesota, Montana, New Hampshire, North Carolina, and Washington, D.C. becoming the latest U.S. states and territories to announce mandatory statewide and territory-based "stay-at-home" orders. Pennsylvania's governor also continued to add counties to the state's "stay-at-home" order this week. Further, Alabama and Guam joined the number of states and territories issuing orders to impose material restrictions on non-essential businesses, and Alabama, New Mexico, Oklahoma and Vermont have joined Kansas and Virginia in closing the public schools through the end of the school year.
Notably, Mississippi's governor issued an order on March 24, 2020, signaling an intent to move the state away from restricting non-essential business activities by defining most businesses as "essential" businesses, in conflict with the existing patchwork of local restrictions implemented by several municipalities across the state. Clarification was issued by the governor two days later to clarify that the order establishes minimum requirements for cities and other political subdivisions to follow, rather than supersedes such local actions.
The latest changes, either to issue new or supersede existing statewide or territory-based orders to "stay-at-home" or to close non-essential businesses, are summarized below. In a letter to the nation's governors yesterday, President Trump indicated a plan to issue guidelines categorizing each county by its level of risk for an outbreak of coronavirus, to help state and local authorities decide whether to increase or relax social distancing measures in the coming weeks. As of the date of publication, there is still no federal order to stay at home or limit non-essential businesses and there is a great degree of variability between the various state and local level mandates aimed at reducing the spread of COVID-19.
The status of statewide and territory-based restrictions is evolving and information will be updated as it becomes available:
- Alaska
On March 27, 2020, Governor Mike Dunleavy issued two COVID-19 Health Mandates requiring residents to "stay at home" except for essential activities. Health Mandate 011 requires everyone who is not engaged in essential services or businesses to "remain at their place of residence and practice social distancing." Further, the Mandate explicitly orders all non-essential businesses to discontinue operations except for Minimum Basic Operations. Health Mandate 011 will be effective March 28, 2020 at 5:00 PM, and will be reevaluated by April 11, 2020. Health Mandate 012, which was issued the same day, requires intrastate travel to be limited to travel related to critical infrastructure or critical personal needs. Personal travel is prohibited except as necessary to meet critical personal needs or work in critical infrastructure jobs as defined in the Order. Limited outdoor activities are allowed, so long as social distancing of six feet is maintained. Health Mandate 012 will be effective March 28, 2020 at 8:00 AM, and will also be reevaluated by April 11, 2020. Health Mandate 011 provides that a violation may subject a business or organization to an order to cease operations and/or a civil fine of up to $1,000 per violation. Additionally, Health Mandate 011 indicates a person or an organization could be subject to criminal prosecution for Reckless Endangerment (a class A misdemeanor) for violation of a COVID-19 health mandate.
- Alabama
On March 27, 2020, Alabama's State Health Officer issued a state-wide order closing all non-essential businesses, venues, and activities to non-employees, until April 17, 2020. This Order supersedes the previous March 19, 2020, order, and expires on April 17, 2020. A violation of this Order constitutes a misdemeanor, and violators may be fined up to $500 per day. Although all public schools in Alabama are closed until April 6, 2020, Governor Kay Ivey issued an executive order on March 26, 2020, mandating that K-12 public schools implement a plan to complete the school year using alternative methods of instruction after April 6, 2020.
- Colorado
Governor Jared Polis and Colorado agencies have introduced numerous orders, rules, and guidance on COVID-19. Previously, the Governor had enacted an order than required non-critical businesses to reduce their in-person workforce by 50%. But on March 25, 2020, Polis announced a statewide stay at home order. Beginning the morning of March 26, 2020, and extending through April 11, all Coloradans should remain in their homes and all non-critical businesses must close entirely. Critical businesses, which include healthcare, infrastructure, manufacturing, and other essential industries, may remain open but must comply with social distancing requirements to the greatest extent possible. An explanation of "critical business" can be found in the most recent public health order. Penalties for noncompliance include a fine of up to $1,000 or imprisonment in county jail for up to 1 year. The Governor has also published FAQs on the stay at home order.
- Idaho
On March 25, 2020, Idaho Governor Brad Little announced the State's Order to Self-Isolate and an Extreme Emergency Declaration. The Order took effect at 1:30 PM on March 25, 2020, and expires at 11:59 PM on April 15, 2020. The Order requires all Idaho residents to stay at and work from home as much as possible, and maintain a six foot social distance from each other when they are engaging in allowed activities, or essential activities, such as providing essential supplies for their households. Businesses were also ordered to close, but are allowed to maintain "Minimum Basic Operations." "Essential Activities" and "Essential Businesses" are exempt from the Order, as well as "Healthcare Operations," "Essential Infrastructure," and "Essential Government Functions." The Order also implements a travel restriction, with an exemption for "Essential Travel." Failure to comply with the Order could constitute a misdemeanor and result in imprisonment.
- Minnesota
On March 25, 2020 Governor Tim Walz issued Emergency Executive Order 20-20 ordering all individuals living in the state of Minnesota to stay home beginning March 27, 2020 at 11:59 PM. The stay at home order will remain in place through April 10, 2020 at 5:00 PM, but may be extended if necessary. Residents of Minnesota are permitted to leave their homes to perform essential exempted activities or to perform Critical Sector work if such work cannot be done from home. Under the executive order, if an employee can perform their work from home they are required to do so, even if they are otherwise eligible for a Critical Sector worker exemption. If a business is unsure whether its workers are eligible for the Critical Sector work exemption, it may submit a request for clarification to the Minnesota Department of Employment and Economic Development. Activities by tribal members within the boundaries of their tribal reservations are exempt from the restrictions in the Order. Non-compliance with the Order is a misdemeanor punishable by a fine not to exceed $1,000 or imprisonment for not more than 90 days.
- Mississippi
On March, 24, 2020, Mississippi Governor Tate Reeves issued an Executive Order providing that all services deemed essential may operate at such level deemed necessary. The order declares most businesses to be "essential" and therefore exempt from social-distancing requirements suggested in the Order. Furthermore, the Order appeared to supersede the patchwork of local bans on public gatherings in Mississippi and other heightened restrictions that several municipalities across the state ordered or considered in the wake of COVID-19's spread, as well as appeared to supersede any orders by local mayors or other governing bodies that conflict with the businesses and organizations the Order deems exempt as "essential" businesses.
On March 26, 2020, after widespread criticism, Governor Reeves issued a Supplemental Executive Order which clarified that the March 24 Order establishes minimum requirements for cities and other political subdivisions to follow. The Supplemental Order further provides that all actions taken by cities or other political subdivisions may continue to be in effect, so long as they meet the minimum requirements set forth in the Governor's March 24 Order.
- Montana
On March 26, 2020, Montana Governor Steve Bullock issued Directive Implementing Executive Orders 2-2020 and 3-2020, ordering all Montana residents to stay at home and all non-essential businesses to cease in-person operations. The Order is effective on March 28, 2020 through April 10, 2020. "Essential Businesses and Operations" include twenty-six categories of businesses in the Orders that are exempted from the Orders but must comply with social distancing requirements to the extent possible. Non-essential businesses are permitted to carry on the minimum activities necessary to maintain the value of the business' inventory, preserve the condition of the business' physical plant and equipment, ensure security, process payroll and employee benefits, and facilitate employees working remotely. All public and private gatherings are prohibited, regardless of size, if a distance of at least six feet between individuals cannot be maintained. The Orders do not impose any penalties for non-compliance.
- New Hampshire
On March 26, 2020, New Hampshire issued Emergency Order 17, pursuant to Executive Order 2020-17, under which Governor Sununu has ordered all non-essential businesses be closed and New Hampshire residents to stay home effective as of 11:59 PM on March 27, 2020. The Order is to remain in effect until May 4, 2020. Residents are allowed to leave the house for certain enumerated activities (caring for a loved one, exercise, grocery and pharmacy shopping and other errands, attending work at an essential business among other activities). Essential businesses are defined in the order. The state is accepting requests for jobs not included in the order to be considered essential. State and local police along with the New Hampshire Division of Public Health have the authority to enforce the order but penalties are not noted.
- North Carolina
On March 27, 2020, North Carolina Governor Roy Cooper issued a state-wide order requiring residents to stay home unless necessary for health and safety and to procure necessary supplies and services. The order also requires the closure of non-essential businesses and refers to the Homeland Security CISA guidance as to what services are part of essential industry sectors. The requirements relating to limits on non-essential businesses and remaining at home commence on March 30, 2020 at 5:00 PM and will remain in effect for 30 days unless modified or repealed. Violation of the order is a Class 2 misdemeanor.
- Pennsylvania
Responding to the COVID-19 pandemic, on March 22, 2020, Pennsylvania Governor Tim Wolf and Secretary of Health of the Pennsylvania Department of Health, Rachel Levine, MD, ordered all individuals living in certain counties to stay at home or their place of residence. Since this date Governor Wolf has added additional counties, and, as of the date of publication, there are now 19 counties under the Pennsylvania order: Allegheny, Berks, Bucks, Butler, Chester, Delaware, Erie, Lackawanna, Lancaster, Lehigh, Luzerne, Monroe, Montgomery, Northampton, Philadelphia, Pike, Wayne, Westmoreland, and York counties.
Under the "stay at home" order, individuals may leave their homes only for essential activities, such as to get groceries and household supplies, and as needed for essential government functions, or participation in essential businesses and operations. This stay at home order is in addition to Executive Order 14 issued by Governor Wolf on March 19, 2020, directing all non-life sustaining businesses to close effective March 19, 2020 at 8:00 PM. Governor Wolf subsequently amended the executive order to extend commencement of enforcement action for non-life-sustaining businesses that are out of compliance to March 23, 2020 at 8:00 AM. Executive Order 14 included, and incorporated by reference, a list of life-sustaining businesses, including businesses critical to infrastructure, that could continue physical operations. Businesses may make requests for waivers and exceptions to the Executive Order.
Enforcement actions for failure to comply with the Executive Order could include citations, fines, or license suspensions. Enforcement guidance is available from the Pennsylvania State Police Department. A noncompliant entity that fails or refuses to comply with the closure order will be considered to have forfeited its ability to receive any applicable disaster relief, and may be subject to other appropriate administrative action including termination of state loan or grand funding, or suspension or revocation of licensure.
- Washington, D.C.
On March 24, 2020, Mayor Muriel Bowser issued Mayor's Order 2020-053: Closure of Non-Essential Businesses and Prohibition on Large Gatherings During Public Health Emergency for the 2019 Novel Coronavirus (COVID-19). The Mayor's Order is effective March 25, 2020 at 10:00 PM through April 24, 2020, or until it is extended, rescinded, superseded, or amended in writing by a subsequent order. The Order temporarily requires all non-essential businesses, which are non-exhaustively defined in the Order, to cease all activities except for minimum basic operations. It also prohibits gatherings of 10 or more persons. Anyone who knowingly violates the Order is subject to civil, criminal, and administrative penalties, which can include civil fines, summary suspension or revocation of licensure. On March 25, 2020, Mayor Muriel Bowser issued a stay at home order effective as of 10:00 PM.
- Guam
On March 25, 2020, Governor Lou Leon Guerrero issued Executive Order 2020-06, which supersedes and supplements previous orders. The Order mandates the closure of all schools, non-essential government offices, and public and private spaces that encourage social congregation through April 13, 2020. Further, the Order prohibits any on-site operations of non-essential businesses effective as of 12:00 PM March 20, 2020 through 11:59 PM April 13, 2020. "Essential" businesses are defined in Executive Order 2020-05. Violations may result in the revocation of a business license, among other penalties, enforced by the Guam Police Department, the Department of Health and Department of Revenue & Taxation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
