COVID-19 Executive Orders

COVID-19 Executive Orders

Alabama

Overview:  Governor Ivey and the Public Health Department issued an order March 19, 2020, effective March 19, 2020 at 5:00 p.m. through April 6, 2020.  The order was clarified on March 20, 2020.
References:  

Key Terms:

  • All non-work gatherings of 25 or more persons, or non-work-related gatherings of any size that cannot maintain a consistent six-foot distance between persons, are prohibited. Employers are to take all reasonable steps to meet these standards for employees and customers.
  • Any restaurant, brewery or bar shall not permit onsite food or drink to be served.
  • Does not address foreclosures or evictions

Exceptions/Waivers: Organizers or sponsors of an otherwise suspended event may submit a request for an exemption from this order.

Penalties:  No penalties stated

Alaska

Overview:  Governor Dunleavy issued a mandate March 23, 2020, regarding travel to Alaska, effective March 25, 2020 at 12:01 a.m., to be reevaluated by April 21, 2020. Also on March 23, 2020, Governor Dunleavy issued a mandate concerning businesses effective March 24, 2020 at 5:00 p.m. The duration is indefinite.
References:  

Key Terms:  

  • All people arriving in Alaska must self-quarantine for 14 days and be monitored for illness.
  • All bars, restaurants, and entertainment venues must be closed for in-person service.
  • All businesses, congregations, or gatherings where individuals are within six feet of each other must stop all operations. No gatherings of more than 10 people may take place.
  • Does not address foreclosures or evictions

Exceptions/Waivers: Businesses in critical infrastructure industries (listed in an attachment to the order) whose workers must travel to the state may submit a plan or protocol for maintaining critical infrastructure to the Dep’t of Commerce, Community and Economic Development by 3:00 p.m. on March 24, 2020, outlining how they will avoid the spread of COVID-19 and not endanger the lives of the communities in which they operate, of others who serve as a part of that infrastructure or the ability of that critical infrastructure to function.
Penalties:  Failure to follow the order requiring quarantine of people traveling to Alaska is punishable by a fine of up to $25,000, or imprisonment of not more than one year, or both pursuant to Alaska Statute 12.55.035 and Alaska Statute 12.55.135.

Municipal: Anchorage

Arizona

Overview: Governor Ducey issued an order March 19, 2020, closing certain public venues, effective at close of business March 20, 2020, until further notice.  On March 23, 2020, he issued an order prohibiting the closure of essential services, effective March 23, 2020, for an indefinite duration. 
References:

  • Order regarding public venues
  • Order regarding essential services

Key Terms:

  • All bars, movie theaters, and gyms must close.
  • All restaurants in counties with confirmed coronavirus cases must close for onsite dining.
  • Localities may not prohibit the provision of “essential services” (as defined in the order).
  • Does not address foreclosures or evictions

Exceptions/Waivers: None stated
Penalties: None stated

Arkansas

Overview: Governor Hutchinson and the Department of Health issued an order March 19, 2020, effective immediately with an indefinite duration.
References:

Key Terms:

  • All restaurants, bars, gymnasiums, and indoor entertainment venues must close for onsite service.
  • Does not address foreclosures or evictions

Exceptions/Waivers: None stated
Penalties: None stated

California

Overview:  Governor Newsom issued an order March 19, 2020, effective immediately with an indefinite duration.
References:  

Key Terms:

  • “[A]ll individuals living in the State of California [must] stay home or at their place of residence except as needed to maintain continuity of operations of [16] federal critical infrastructure areas.” Guidance regarding the sixteen federally identified by the Department of Homeland Security as critical infrastructure areas is available on the CISA website here, with additional guidance available here.
  • “The healthcare delivery system shall prioritize services to serving those who are the sickest and shall prioritize resources, including personal protective equipment, for the providers direct care to them.”
  • The CA Office of Emergency Services shall take “necessary steps to ensure compliance with this Order.”
    Does not address foreclosures or evictions.

Exceptions/Waivers:  The Governor has authority to designate additional sectors as critical.

Penalties:  “Any person who violates any of the provisions of this chapter or who refuses or willfully neglects to obey any lawful order or regulation promulgated or issued as provided in this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not to exceed one thousand dollars ($1,000) or by imprisonment for not to exceed six months or by both such fine and imprisonment.” Cal. Gov. Code § 8665.

Colorado

Overview: Governor Polis issued an order on March 22, 2020, regarding businesses, effective March 24, 2020 through April 10, 2020. The governor previously issued an order on March 20, 2020, regarding evictions and foreclosures.
References:

Key Terms:

  • Employers must reduce in-person work that takes place outside a private residence by at least 50%, unless an employer can certify that employees are no closer than six feet from one another during work hours.
  • Property owners and landlords must work with state agencies to identify lawful measures to avoid removing or executing eviction procedures against tenants without cause or as a result of late or non-payment of rent or minor tenancy violations until April 30, 2020.
  • Law enforcement agencies should suspend evictions of residential
  • Foreclosure proceedings listed in the order are suspended for 30 days.
  • County Treasurers may suspend or waive delinquent interest that may accrue as a result of delinquent tax payments.
  • State agencies are directed to work with all public utilities to suspend service disconnections for delayed or missed payments from residential and small business consumers related to the impacts of COVID-19.

Exceptions/Waivers: The public health department has identified exempt employers which may continue to function at full capacity during regular business hours to provide goods and services critical to the state’s response to the COVID-19 emergency, including emergency personnel and infrastructure necessary to ensure continuity of critical healthcare, government functions, public safety, manufacturing, and supply chain operations; and other authorized businesses exempt from the order.
Penalties: The public health order regarding a 50% reduction in onsite workforce states that it will be enforced to the greatest extent possible by all legal means. Failure to comply with the order is subject to the penalties contained in sections 25-1-114, C.R.S. including a fine of up to one thousand (1,000) dollars and imprisonment in the county jail for up to one year.

Municipal: 

Connecticut

Overview: Governor Lamont issued an order March 20, 2020, effective March 23, 2020, at 8:00 p.m. EST, until April 22, 2020.
References:

Key Terms:

  • Non-essential businesses and not-for-profit entities must reduce their in-person workforces at any workplace locations by 100% and are directed to employ to the maximum extent possible, any telecommuting or work from home procedures that they can safely employ.
  • Essential businesses and entities providing essential goods, services or functions are not be subject to these in-person restrictions.
  • The CT Dep’t of Economic and Community Development (“DECD”) issued guidance on which businesses are essential, and included the sixteen critical infrastructure sectors as defined by the Department of Homeland Security on the CISA website.
  • Does not address foreclosures or evictions, but Connecticut’s state courts have decided to not issue such orders through March 27, as detailed on their website here.

Exceptions/Waivers: None established to date, but business may be deemed essential after requesting an opinion from DECD.
Penalties: No penalties referenced or set in the executive order

Delaware

Overview: Governor Carney issued two orders March 22, 2020, both effective March 24, at 8:00 a.m. EST through May 15, 2020 (or until the public health threat is eliminated). One order addresses business closures, while the other addresses individuals.
References:

Key Terms:

  • All physical locations of non-essential businesses (as defined in the order) shall be closed.
  • Essential businesses (falling within the 17 categories defined in the order) must comply with the CDC’s and Delaware Dep’t of Health’s coronavirus guidelines for public safety.
  • All residents must shelter in place, unless engaged in essential activities outlined in the order, including performing work for essential businesses.

Exceptions/Waivers: A business may petition to have its status changed by submitting a request in writing via electronic mail to covid19faq@delaware.gov for consideration. A decision will be rendered within one week of a petition’s submission.
Penalties: Authorizes state and local law enforcement to enforce the order. The order states that failure to comply constitutes a criminal offense and cites 20 Del. C. § 3125, which provides for fines between $50 and $500 or imprisonment up to 6 months for each violation.

District of Columbia

Overview: Mayor Muriel Bowser issued an order on March 24, 2020 (superseding her March 20, 2020 order), effective 10:00 p.m. on March 25, 2020 (or immediately for actions covered by prior order) until April 24, 2020.
References:

Key Terms:

  • All non-Essential Businesses (as defined in the order) must temporarily cease all on-site operations, except for minimum basic operations.
  • Essential Businesses (as defined in the order) may remain open.
  • Essential and non-essential businesses must take all reasonable steps necessary to permit employees to telework.
  • Home-based businesses may continue to operate in compliance with social distancing requirements.
  • Restaurants and other facilities that prepare and serve food are deemed essential businesses, but are only permitted to provide delivery, carry out or “grab and go” services.
  • “Large gatherings” of 10 or more persons are prohibited. A “large gathering” includes any event in confined outdoor spaces, which means an outdoor space that: (a) is enclosed by a fence, physical barrier, or other structure; and (b) where people are present and are within arm’s length of one another for an extended period.

Exceptions/Waivers: “The Mayor may grant a waiver to a business or nonprofit through the District of Columbia Homeland Security and Emergency Management Agency.”
Penalties: “Any individual or entity that knowingly violates this Order shall be subject to all civil, criminal, and administrative penalties authorized by law, including sanctions or penalties for violating D.C. Official Code§ 7-2307, including civil fines, summary suspension or revocation of licensure.

Florida

Overview: Governor DeSantis issued an order regarding travelers’ self-isolate or quarantine March 23, 2020, effective 12:01 a.m. on March 24, 2020, until May 8, 2020 (unless the order declaring a state of emergency is extended).  The governor also issued an order closing certain businesses on March 23, 2020, effective immediately.
References:

  • Order regarding isolation or quarantine
  • Order closing bars, restaurants, and fitness centers

Key Terms:

  • Individuals who travel to Florida from New York, New Jersey and Connecticut must self-isolate or quarantine for 14 days upon entering. The 14-day quarantine will not apply to airline workers, or people performing military, emergency, or health response.
  • Bars, restaurants, and most fitness centers are closed for on-site services.

Exceptions/Waivers: No process for seeking exceptions is established for either executive order.
Penalties: 

  • Violations of the self-isolation or quarantine order are misdemeanors of the second degree, which is punishable by imprisonment not to exceed 60 days, a fine not to exceed $500, or both. See§ 381.00315(6), Fla. Stat.
  • Violations of the closure of bars, restaurants, and fitness centers shall be enforced by the Dep’t of Business and Professional Regulation and by law enforcement.  No penalties are stated in the order.

Municipal:

Georgia

Overview: Governor Kemp issued an order March 23, 2020, effective March 24, 2020, at 12:00 p.m., through April 6, 2020.
References:

Key Terms:

  • Persons who have serious underlying conditions (including nursing home residents, people with chronic lung disease or who are undergoing cancer treatment) must shelter in place.
  • All bars must close. No gatherings of ten or more people, unless they can stand or be seated six feet apart.
  • Does not otherwise require closure of “non-essential” businesses.
  • Does not address evictions or foreclosures.

Exceptions/Waivers: None established to date, and no process established to date.
Penalties: The GA Dep’t of Public Health is authorized to mandate the closure of any business not in compliance with the order.

Municipal: Atlanta

Hawaii

Overview: Governor Ige issued an order March 23, 2020, effective 12:01 a.m. March 25, 2020, until 11:59 p.m. April 30, 2020.
References:

Key Terms:

  • All persons must stay in their place of residence except as necessary to maintain continuity of operations of the federal critical infrastructure sectors (as identified on the CISA website) and as further designated by the order or the state Director of Emergency Management Agency.
  • People may leave their place of residence only for essential activities or to engage in essential businesses and operations (identified in the order).
  • Persons may travel to and from essential businesses and operations to the extent that such businesses or operations cannot be conducted through remote technology from their home or place of residence.
  • All essential businesses must implement social distancing requirements including keeping workers 6 feet apart; making hand sanitizer and sanitizing products readily available; maintaining separate operating hours for elderly and high risk customers; and posting online whether a facility is open and how best to reach the facility and continue services by phone or remotely.
  • People may also travel to engage in minimum basic operations of non-essential businesses, including the minimum necessary activities to maintain the value of the business’s inventory, ensure security, process payroll and employee benefits, and related functions, as well as the minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences.
  • Gatherings of more than ten people are prohibited.
  • This order is in addition to the executive order requiring a two-week quarantine of all individuals travelling to Hawaii.
  • Does not address foreclosures or evictions

Exceptions/Waivers: None established to date, and no process established to date.  For questions regarding exemptions, email CovidExemption@hawaii.gov.
Penalties: Any person who intentionally or knowingly violates the order shall be guilty of a misdemeanor, and upon conviction, the person shall be fined not more than $5,000, or imprisoned not more than one year, or both.

Idaho

Overview: Governor Little and the Dep’t of Health and Welfare issued an order March 25, 2020, effective March 25, 2020, at 1:30 p.m., until April 15, 2020 (unless rescinded or extended).
References:

Key Terms:

  • Citizens must self-isolate at home if they can, not just if they are sick. This excludes healthcare, public safety and other essential workers as defined in the order.
  • People can leave home to obtain or provide essential services as defined in the order. Employers that do not provide essential services as defined in order must take all steps necessary for employees to work remotely from home.
  • Grocery stores, medical facilities, and other essential businesses as defined in the order will remain open. Restaurants across the state are being ordered to close dine-in, but drive-thru, pick up, and delivery will still be available. Non-essential businesses and services will close their physical locations.
    People must limit public transit unless to provide or obtain essential services.
  • People must limit all discretionary travel. People must limit all non-essential gatherings of any number of individuals outside the household.

Exceptions/Waivers: None identified to date, and no process established.
Penalties: Violation or failure to comply could constitute a misdemeanor.

Municipal: Blaine County

Illinois

Overview: Governor Pritzker issued an order March 20, 2020, effective March 21, 2020, at 5:00 p.m. CST through April 7, 2020 (subject to change).
References:

Key Terms:

  • All businesses except those conducting essential business or operations (as detailed in the order) must cease all activities, except to the extent employees work from home or to maintain Minimum Basic Operations (as defined in the order).
  • Any business that remains open must comply with Social Distancing Requirements (as defined in the order) to the extent feasible.
  • All public and private gatherings outside a single household are prohibited except for the limited purposes permitted by the order.
  • All evictions must cease.

Exceptions/Waivers: None established to date, and no process established to date
Penalties: Authorizes state and local law enforcement to enforce the order. Governor Pritzker stated in his press conference that enforcement may include a cease-and-desist order, loss of a business license, or arrest of an individual engaged in conduct violative of the order for misdemeanor reckless conduct.

Indiana

Overview: Governor Holcomb issued an order March 23, 2020, effective March 24, 2020, at 11:59 p.m., until April 6, 2020, at 11:50 p.m., subject to extension.
References:

Key Terms:

  • Individuals must stay at home or their place of residence except as permitted in the orders.
  • All businesses except for Essential Businesses and Operations (as defined in the orders) must cease all activities except for Minimum Basic Operations (as defined in the orders), and must comply with Social Distancing Requirements (as defined in the orders).
  • Essential Businesses and Operations include the categories on Department of Homeland Security’s CISA website, as well as specific categories identified in the orders.
  • Other orders restrict access to government buildings and services, direct enforcement actions (including fines) against restaurants that continue to provide in-person dining, and relax sale of carryout alcoholic beverages.
    Does not address foreclosures or evictions.

Exceptions/Waivers: None established to date.
Penalties: Restaurants that continue to offer in-person dining may be subject to administrative and enforcement action (including fines) from state and local boards of health and the Indiana Alcohol and Tobacco Commission.

Iowa

Overview: Governor Reynolds issued an order regarding businesses March 17, 2020, effective noon March 17, 2020, through 11:59 p.m. March 31, 2020, and issued an order suspending evictions March 20, 2020, effective March 20, 2020, through April 16, 2020. 
References:

Key Terms:

  • Restaurants and bars are closed to the general public with take-out and delivery service allowed.
  • All fitness centers, spas, aquatic centers, theaters, casinos, and senior citizen centers must close.
  • Gatherings and events of more than 10 people are prohibited at all locations and venues.
  • Residential evictions are suspended.
    Penalties and interest on late payments of property tax are suspended.

Exceptions/Waivers: None stated
Penalties: None stated

Kansas

Overview: On March 23, 2020, the Dep’t of Health and Environment (KDHE) mandated 14-day home quarantine for people who traveled to certain states or counties.
References:

Key Terms: There is a 14-day home quarantine for individuals in Kansas who traveled to (a) CA, FL, NY, or WA on or after March 15, 2020, (b) IL or NJ on or after March 23, 2020; (c) Eagle, Summit, Pitkin, and Gunnison counties in CO on or after March 8, 2020; (d) a cruise ship on or after March 15, 2020; or (e) internationally on or after March 15,2020.

Exceptions/Waivers: N/A
Penalties: N/A

Municipal:

Kentucky

Overview: Governor Beshear issued an order March 25, 2020, effective March 26, 2020, at 8:00 p.m., through the duration of the State of Emergency
References:

Key Terms:

  • All businesses that are not life-sustaining shall cease operations, except as needed to conduct Minimum Basic Operations (defined in order). “Life-sustaining businesses are all businesses that allow Kentuckians to remain Healthy at Home,” with reference to the CISA guidance (available here) and additional businesses detailed in the order.
  • Social distancing and hygiene required; minimum basic operations limited to minimum necessary activities to maintain the value of the business’s inventory and to conduct limited other activities such as payroll.
  • Certain designees may provide guidance, clarification, or modification of the order to industries or businesses.
  • Nothing in the order should be construed to interfere with the lawful sale of firearms and ammunition, subject to social distancing and hygiene guidance.
    Evictions suspended.

Exceptions/Waivers: None listed in order.
Penalties: Violations of these and other orders punishable as provided in KRS Chapter 39A.

Louisiana

Overview: Governor Edwards issued an order March 22, 2020, effective March 23, 2020, at 5:00 p.m., to April 13, 2020, unless terminated sooner.
References:

Key Terms:

  • All state office buildings are closed effective immediately.
  • All individuals within Louisiana are to stay at home unless performing an essential activity, defined by the order and including the 16 critical infrastructure sectors identified on the CISA website. All gatherings of 10 people or more are prohibited, excluding normal operations at airports, medical facilities, etc.
  • All non-essential businesses shall reduce operations to continue with minimal contact with the public while requiring social distancing.
  • Does not address foreclosures or evictions.

Exceptions/Waivers: None established to date, and no process established to date
Penalties: Not addressed in the order

Maine

Overview: Governor Mills issued an order March 24, 2020, effective March 25, 2020, at 12:01 a.m., until April 8, 2020, at 12:00 a.m.
References:

Key Terms:

  • Essential Businesses and Operations shall continue activities consistent with guidance on social distancing; Essential Businesses and Operations are defined with reference to the Department of Homeland Security’s CISA website, and additional businesses listed in the order.
  • Non-Essential Businesses and Operations must cease activities, except that activities may continue which do not allow customer/vendor in-person contact, do not require more than 10 workers to convene in space where social distancing is not possible, or are done by employees working remotely.
  • Social distancing required for all businesses, especially “big box” stores that attract more people.
  • To align with order, Governor also renewed a previous Executive Order prohibiting gatherings of more than ten people and closure of dine-in service and restaurants and bars to extend to April 8, 2020, at 12:00 a.m.

Exceptions/Waivers: None established to date.
Penalties: Penalties could be assessed for violation of any license, permit, or other authorization; may also be enforced by 37-B M.R.S. Section 786.

Maryland

Overview: Governor Hogan issued an order March 23, 2020, effective March 23, 2020, at 5:00 p.m., until termination of the state of emergency.
References:

Key Terms:

  • All Non-Essential Businesses, defined with reference to Department of Homeland Security’s CISA website, are closed to the general public.
  • The Interpretative Guidance provides a list of businesses that may remain open and states the list is non-exhaustive, and advises that businesses consult the CISA guidelines for additional guidance.
  • The order urges individuals to adhere to CDC guidelines for social distancing.

Exceptions/Waivers: None established to date.
Penalties: “A person who knowingly and willfully violates this Order is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding one year or a fine not exceeding $5,000 or both.”

Massachusetts

Overview: Governor Baker issued an order March 23, 2020, effective March 24, 2020, at 12:00 p.m., until April 7, 2020, at 12:00 p.m., unless further extended.
References:

Key Terms:

  • All businesses and other organizations that do not provide COVID-19 Essential Services (as defined in the List of COVID-19 Essential Services) must close their physical workplaces and facilities to workers, customers, and the public.
  • Gatherings of more than 10 people are prohibited.
  • Does not address foreclosures or evictions.

Exceptions/Waivers: None established to date, and no waiver process has been established to date.
Penalties: Violations of the order or forthcoming Dep’t of Public Health Guidance may result in criminal penalty pursuant to Section 8 of Chapter 639 of the Acts of 1950 or a civil fine of up to $300 per violation.

Municipal: Nantucket 

Michigan

Overview: Governor Whitmer issued an order March 23, 2020, effective March 24, 2020, at 12:01 a.m., through April 13, 2020, at 11:59 p.m.
References:

Key Terms:

  • All individuals within Michigan are to stay at home subject to specific exceptions, including performing a critical or necessary work activity.
  • All public and private gatherings of any number of people not part of a single household are prohibited.
  • No business or entity shall require workers to leave their home except to maintain minimum basic operations, or if they employ “critical infrastructure workers.”
  • Businesses that do operate must inform workers of their designation as needed to conduct minimum basic operations or critical infrastructure, and must do so in writing.
  • Businesses maintaining in-person operations must adopt social distancing practices and other mitigation measures, as detailed in the order.
    Does not address foreclosures or evictions.

Exceptions/Waivers: None established to date, and no process established to date.
Penalties: A willful violation is a misdemeanor. Businesses, operations, suppliers, distribution centers, and service providers that abuse their designation authority shall be subject to sanctions to the fullest extent of the law.

Minnesota

Overview: Governor Walz issued an order March 25, 2020, effective March 27, 2020, at 11:59 p.m., until peacetime emergency declared in EO 20-01 is terminated.
References:

Key Terms:

  • All persons currently living in Minnesota are ordered to stay at home or in their place of residence except to engage in Activities (such as health and safety activities) and Critical Sector work (defined with reference to CISA guidance (available here) plus certain other activities defined in the order).
  • Clarifications of “Critical Sectors” will be available at http://mn.gov/deed/critical
  • Does not restrict virtual or telework.
    Evictions had previously been suspended by EO 20-14.

Exceptions/Waivers: None provided
Penalties: A person who willfully violates the order is guilty of a misdemeanor and upon conviction must be punished by a fine not to exceed $1,000 or by imprisonment for not more than 90 days. Minnesota Statutes 2019, section 12.45.

Mississippi

Overview: Governor Reeves issued an order March 24, 2020, effective immediately until April 17, 2020.
References:

Key Terms:

  • Does not close businesses or limit activities to essential business operations.
  • Residents shall avoid social and other non-essential gatherings in groups of more than 10 people in a single space in close proximity; does not apply to normal operations of locations like airports, healthcare facilities, retail shopping, and “Essential Business or Operation.”
  • Restaurants and bars must suspend dine-in services unless able to reduce capacity to no more than 10 people gathered in single space.
  • Additional restrictions imposed on visits to nursing homes and long-term care facilities.
  • Essential Business or Operation (defined in order) not bound by the 10-person gathering limit.

Exceptions/Waivers: None listed in order.
Penalties: None listed in order.

Missouri

Overview: On March 21, 2020, Governor Parson directed the Missouri Department of Health and Senior Services (DHSS) to order statewide social distancing. Governor Parson has also suspended the prohibition on the sale of unprepared food by restaurants to the public.  
References:

Key Terms:

  • Every person shall avoid social gatherings of more than ten people and shall avoid eating or drinking at restaurants, bars, or food courts.
  • Additional restrictions on visiting nursing home or long-term care facilities.

Exceptions/Waivers: N/A
Penalties: N/A

Municipal: 

Montana

Overview: Governor Bullock has issued a directive mandating the closure of restaurants, bars, gyms, movie theaters, etc., as of March 20, 2020, at 8:00 p.m., through March 27, 2020, at 11:59 p.m., subject to further directives.
References:

Key Terms:

  • Restaurants may continue to offer food and beverage, but not for on-premises consumption.

Exceptions/Waivers: N/A
Penalties: N/A

Nebraska

Overview: While Governor Evnen has not issued a stay-at-home order, he has announced a Directed Health Measure placing certain restrictions on businesses, restaurants, and gatherings, in jurisdictions affected by COVID-19.
References:

Key Terms:

  • The following health measures are directed for only specific counties affected by COVID-19 and remain in effect until April 30, 2020.
    • Gatherings of more than ten persons in a single space at the same time are prohibited.
    • Liquor, beer and wine sales are restricted to carry-out services and delivery only.
    • Food and beverage sales at dining establishments are restricted to carry-out, drive-thru and delivery only.
  • Executive Order No. 20-07 institutes a moratorium until May 31, 2020 on evictions of residential tenants.

Exceptions/Waivers: N/A
Penalties: N/A

Nevada

Overview: Governor Sisolak issued the directive March 20, 2020, effective March 20, 2020, at 11:59 p.m., to April 16, 2020, unless renewed. 
References:

Key Terms:

  • Non-essential businesses, including brothels, that promote social gathering activities and extended periods of public interaction must close for the duration of the directive.
  • “Essential Licensed” businesses have been identified by the Nevada Department of Public Safety in its implementing regulations. They include healthcare, infrastructure, groceries, shipment companies, licensed cannabis businesses, animal shelters, financial institutions, warehouses, professional and technical services, news media, child care, and senior living facilities.
  • All “Essential Licensed” businesses must comply with the CDC’s social distancing guidance, comply with applicable COVID-19 risk mitigation policies and precautionary measures.

Exceptions/Waivers: Businesses not within the scope of the directive or regulations may continue operations (but not retail sales) if they implement social distancing safeguards, perform operations without contact with the general public or provide services without causing the public to congregate contrary to social distancing safeguards, or without causing 10+ members of the public to congregate. 
Penalties: Businesses that fail to comply after receiving written notice from law enforcement may be subject to criminal prosecution and civil penalties.

Penalties: Businesses that fail to comply after receiving written notice from law enforcement may be subject to criminal prosecution and civil penalties.

New Hampshire

Overview: Governor Sununu announced on March 23, 2020, an emergency order effective immediately through April 6, 2020.  
References:

Key Terms:

  • Scheduled gatherings of 10 or more people for social, spiritual and recreational activities are prohibited.
  • This prohibition does not apply to courts, day-to-day operations of for profit or not for profit organizations and State Government, or gatherings for urgent medical purposes, such as blood drives or meetings of medical personnel to discuss efforts to combat the COVD-19 pandemic.

Exceptions/Waivers: Not applicable.
Penalties: Not applicable.

New Jersey

Overview: Governor Murphy issued two executive orders March 21, 2020, effective March 21, 2020, at 9:00 p.m., with no end date set. 
References:

Key Terms:

  • All residents shall remain home unless obtaining goods or services from essential retail businesses (as defined in the order), obtaining food or beverage, seeking medical attention or essential services, visiting family or individual with close personal relationship, working, engaging in outdoor activities while following social distancing, leaving for educational or religious or political reasons, leaving for fear of health or safety, or leaving at direction of law enforcement.
  • The “brick-and-mortar premises of all non-essential retail businesses must close to the public as long as this Order remains in effect.”
  • Wherever practicable, all businesses must allow work from home.
  • Any county/municipal restriction imposed in response to COVID-19 that conflicts is invalidated except those related to online marketplaces for arranging or offering lodging and municipal or county parks.

Exceptions/Waivers: The Secretary of the Office of Higher Education may grant waivers to allow in-person instruction to students on case-by-case basis where “a compelling rationale to allow such access exists.”
Penalties: “Penalties for violations of this Executive Order may be imposed under, among other statutes, N.J.S.A. App. A:9-49 and -50.”

New Mexico

Overview: Governor Grisham announced on March 23, 2020, a public health order by Secretary of Health Kunkel, effective March 24, 2020 at 8:00 a.m. through April 10, 2020. 
References:

Key Terms:

  • All non-essential businesses must reduce their in-person workforce at each business location by 100%. Essential businesses may remain open, but, to the greatest extent possible, must minimize operations and staffing as much as possible, and must adhere to social distancing and handwashing protocols.
  • Businesses must only close physical office spaces, retail spaces, and other public spaces. Businesses may conduct operations through telecommuting or working from home.
  • Mass gathering of five or more individuals are prohibited.
  • Grocery stores and other essential retailers are directed to limit the sale of healthcare supplies and necessary goods, identified in the order, to minimize shortages.
  • Casinos operating on Tribal Lands are excluded from this order.
  • Hotels, motels, RV parks, and other places of lodging are directed to operate at no more than 50% of maximum occupancy.

Exceptions/Waivers: None established to date, and no process established to date.
Penalties: Violators may lose their licenses to operate and may face civil or criminal penalties.

New York

Overview: Governor Cuomo issued an order March 19, 2020, effective March 19, 2020, until April 18, 2020, or until further notice provided.
References: 

Key Terms:

  • 100% of the workforce must stay home beginning Sunday, March 22, 2020, at 8:00 p.m. EST, excluding essential services.
  • The NY Dep’t of Economic Development has identified 12 categories of essential business, including healthcare operations, infrastructure, manufacturing, retail, services, news media, financial institutions, services to the economically disadvantaged, construction, defense, safety/sanitation, and logistics, technology support, and child care.
  • With respect to business or entities that operate or provide both essential and non-essential services, supplies or support, only those lines and/or business operations that are necessary to support the essential services, supplies, or support are exempt from the restrictions.
  • Institutes 90-day moratorium on evictions of residential and commercial tenants.

Exceptions/Waivers: If the function of a business has not been deemed essential, but a business believes that it is essential or it is an entity providing essential services or functions, the business may request designation as an essential business from the NY  Dep’t of Economic Development.
Penalties: Not defined by order. Governor Cuomo stated in his press conference: “These provisions will be enforced. These are not helpful hints. This is not if you really want to be a great citizen. These are legal provisions. They will be enforced. There will be a civil fine and mandatory closure for any business that is not in compliance.” 

North Carolina

Overview: While Governor Cooper has not issued a stay-at-home order, he has announced a series of executive orders placing certain restrictions on businesses, restaurants, mass gatherings, etc. 
References:

Key Terms:

  • Mass gatherings of more than fifty (50) persons in a single space at the same time are prohibited effective through April 24, 2020.
  • Personal care and grooming business and entertainment facilities without a retail or dining component are ordered to close through April 24, 2020. 
  • Long term care facilities are directed to restrict visitation of all visitors and non-essential health care personnel.
  • Purveyors of food and beverages may only sell food and beverages through carry-out, drive-through, delivery and onsite consumption in outdoor seating areas.
  • Bars have been directed to close.

Exceptions/Waivers: N/A
Penalties: Violations of the prohibition on mass gatherings and closure of certain businesses may be subject to prosecution and is punishable as a Class 2 misdemeanor

Municipality: 

North Dakota

Overview: While Governor Burgum has not issued a stay-at-home order, he has announced a series of executive orders placing certain restrictions on businesses, restaurants, etc. 
References:

Key Terms:

  • All restaurants, bars and similar on-site dining establishments are prohibited from providing on-site consumption of food or beverage through April 6, 2020.
  • All recreational facilities, health and fitness clubs, movie theaters and music entertainment venues are directed to cease operations through April 6, 2020. 

Exceptions/Waivers: N/A
Penalties: N/A

Ohio

Overview: Director of the Ohio Department of Health Amy Acton issued an order March 22, 2020, effective March 23, 2020, at 11:59 p.m., until April 6, 2020, at 11:59 p.m., unless rescinded or modified.
References: 

Key Terms:

  • All persons must stay at home unless engaged in essential work or activity and gatherings of any size are prohibited.
  • All non-essential businesses and operations must cease, except for Minimum Basic Operations (as defined in the order). All Essential Businesses and Operations are encouraged to remain open.
  • Essential Businesses and Operations means healthcare, public health, human services, essential government functions, infrastructure, the 16 critical infrastructure sectors identified by the Department of Homeland Security on the CISA website, and other categories, including groceries, media, First Amendment protected speech, and supplies for Essential Businesses and Operations.
  • Essential Businesses and businesses engaged in Minimum Basic Operations must follow Social Distancing Requirements set forth in the order.
  • Does not address foreclosures or evictions.

Exceptions/Waivers: None established to date, and no process established to date.
Penalties: “This Order may be enforced by State and local law enforcement to the extent set forth in Ohio law.”

Oklahoma

Overview: Governor Stitt announced on March 24, 2020, the order effective March 25, 2020, at 11:59 p.m., through April 24, 2020. 
References: 

Key Terms:

  • Adults over the age of sixty-five, and people of any age with a serious underlying medical condition, are directed to stay in their place of residence except for working in a critical infrastructure sector or for conducting essential errands.
  • Medical providers must postpone all elective surgeries, minor medical procedures and non-emergency dental procedures until April 7, 2020.
  • Social gatherings of more than ten people are prohibited.
  • All businesses not identified as being within a critical infrastructure sector and located in a county experiencing community spread of COVID-19, as identified by the Oklahoma State Department of Health website , are directed to close until April 16, 2020.
  • Visitors are prohibited from entering and visiting patients and residents at nursing homes, long-term care facilities and retirement homes. 

Exceptions/Waivers: None established to date, and no process established for waivers.
Penalties: None stated.

Oregon

Overview: Governor Brown issued an order March 23, 2020, effective immediately with an indefinite duration.
References: 

Key Terms:

  • All retail businesses must cease operations unless the business designates an employee to implement social distancing policies consistent with guidance from Oregon Health Authority. The order also lists specific businesses exempt from this directive including restaurants (which remain subject to previously ordered restrictions regarding on-premise consumption), grocery, health care, medical, and pharmacy services.
  • Effective March 25, 2020, all businesses and nonprofit entities with offices in Oregon must facilitate telework and work-at-home by employees, to the maximum extent possible. Work in offices is prohibited whenever telework and work-at-home options are available.
  • When telework and work-from-home options are not available, businesses and non-profits must designate an employee or officer to establish, implement, and enforce social distancing policies, consistent with guidance from the Oregon Health Authority.
  • Non-essential social and recreational gatherings of individuals outside of a home or place of residence are prohibited, regardless of size, if a distance of at least six feet between individuals cannot be maintained.
  • On March 22, 2020, Governor Brown issued Executive Order No. 20-11 placing a 90 day moratorium on residential evictions for nonpayment.  

Exceptions/Waivers: None established to date, and no process established to date.
Penalties: 

  • Individual persons found to be in violation of the order are subject to the penalties described in ORS 401.990.
  • Retail businesses that fail to comply with the order will be closed until they demonstrate compliance.

Pennsylvania

Overview: Governor Wolf issued an order March 19, 2020, effective March 19, 2020, with no end date set.
References:

Key Terms:

  • No person or entity shall operate a place of business in Pennsylvania that is not a life sustaining business regardless of whether the business is open to members of the public.
  • Life sustaining businesses may remain open, but they must follow, at a minimum, the social distancing practices and other mitigation measures defined by the Centers for Disease Control to protect workers and patrons.
  • A list of life sustaining businesses was updated March 20, 2020.
  • Does not address foreclosures or evictions, but the PA Supreme Court has previously ordered halt to all evictions until at least April 3, 2020. 

Exceptions/Waivers: A Business Waiver Application Form may be filled out and submitted.
Penalties: “[E]nforcement actions will be taken against non-life sustaining businesses that are out of compliance effective March 21, 2020, at 12:01 a.m.,” to include citations, fines, and license suspensions.

Rhode Island

Overview: While Governor Raimondo has not issued a stay-at-home order, she has announced a series of executive orders placing certain restrictions on businesses, restaurants, mass gatherings, etc. 
References:

Key Terms:

  • All public recreation and entertainment establishments; close-contact businesses including gymnasiums, barbershops, nail salons, spas, etc. must cease in-person operations.
  • All businesses not directed to close are required to implement CDC guidance to ensure social distancing.
  • All business service personnel that can work from home are required to do so.
  • Mass gatherings of more than ten people are prohibited.
  • Regulations preventing the sale of wine and beer for off-premises consumption are suspended.
  • All restaurants and bars are prohibited from allowing on-premises consumption of food or drink.

Exceptions/Waivers: N/A
Penalties: N/A

South Dakota

Overview: Governor Noem issued an order March 23, 2020, effective immediately until May 2, 2020.
References:

Key Terms:

  • Individuals must implement social distancing measures.
  • Employers must implement CDC-recommended hygiene practices and social distancing measures, to encourage staff to telework if possible, and to limit unnecessary work gatherings and non-essential travel.
  • “Any ‘enclosed retail business that promotes public gatherings,’” as defined in the order, to suspend or modify business practices pursuant to CDC guidance where ten or more people would be in an enclosed space with less than six feet of separation.
  • Healthcare organizations must “[p]ostpone all non-essential elective surgeries to conserve (and thereby maximize) supplies of personal protective equipment.”
  • Local and municipal governments must restrict unnecessary public gatherings of ten or more people.
  • Local and municipal governments must “[p]rotect the critical infrastructure sectors, as defined by the Department of Homeland Security . . . as these sectors have a special responsibility to maintain their normal work schedule.”
  • Does not address foreclosures or evictions.

Exceptions/Waivers: Sovereign nations within South Dakota may make their own determinations in accordance with tribal law.
Penalties: No penalties referenced or set in the executive order.

Tennessee

Overview: Governor Lee has not issued a stay-at-home order or an order closing non-essential businesses, but issued an order limiting social gatherings and restricting in-person operations of food and drink establishments and gyms/fitness centers, effective March 23, 2020 at 12:01 a.m., through April 6, 2020, at 12:01 a.m.
References:

Key Terms:

  • Social gatherings of ten or more people are prohibited.
  • Restaurants, bars, and similar food or drink establishments must close in-person dining operations.
  • Gyms or fitness/exercise centers must close in-person operations.
  • Visitors to nursing homes, retirement homes, and long-term care or assisted living facilities are restricted.

Exceptions/Waivers: N/A
Penalties: N/A

Municipality:

Texas

Overview: Governor Abbott has not issued a stay-at home order or an order closing essential businesses.  Governor Abbott mandated a 14-day self-quarantine for people who traveled to certain states or counties, effective March 28, 2020, at 12:00 p.m.  Governor Abbott also limited social gatherings, restricted nursing home visitation, and closed schools, effective immediately on March 19, 2020, through April 3, 2020, at 11:59 p.m.
References:

Key Terms:

  • Mandatory 14-day self-quarantine for every person who enters Texas from New York, New Jersey, Connecticut, or the City of New Orleans, excluding persons traveling in connection with military service, emergency/health response, or critical infrastructure functions.
  • Individuals must avoid social gatherings in groups of more than ten people.
  • Individuals must avoid in-person dining at food and drink establishments, visiting gyms, and visiting massage parlors.
  • There are restrictions on nursing home or retirement or long-term care facility visitation to persons providing critical assistance.

Exceptions/Waivers: N/A
Penalties: Under Section 418.173, failure to comply with any executive order issued during the COVID-19 disaster is an offense punishable by a fine not to exceed $1,000, confinement in jail for a term not to exceed 180 days, or both fine and confinement

Municipality:

Utah

Overview: Governor Herbert has not issued a stay-at home order or an order closing non-essential businesses.  Executive Director Joseph Miner of the Utah Department of Health issued an order restricting in-person operations of food service establishments, effective immediately on March 21, 2020, at 2:30 p.m., through April 1, 2020. 
References:

Key Terms:

  • All food service establishments must suspend in-person dining operations, but allows food service to operate on a limited basis subject to requirements in the order (e.g., drive-through service is permitted)

Exceptions/Waivers: N/A
Penalties: N/A

Municipality:

Vermont

Overview: Governor Scott issued an order March 24, 2020, effective immediately until April 15, 2020.
References:

Key Terms:

  • All individuals must stay at home except for “essential reasons” as defined in the order.
  • All businesses must suspend in-person business operations by March 25, 2020, at 5:00 p.m., except for businesses “providing services or functions deemed critical to public health and safety, as well as economic and national security”, as defined in the order.
  • Businesses must develop strategies “designed for strict adherence to CDC and VDH guidance to ensure recommended social distancing.”
  • “Essential state and local government functions will also remain open.”
  • Does not address foreclosures or evictions.

Exceptions/Waivers: Commercial entities, non-profits, employers and others with questions about acceptable continuation of business operations are directed to complete an online form with the Vermont Agency of Commerce and Community Development.
Penalties: No penalties referenced or set in the executive order.

Virginia

Overview: Governor Northam issued an order March 23, 2020, effective March 24, 2020, at 11:59 p.m. until April 23, 2020.
References:

Key Terms:

  • Non-essential businesses and operations must temporarily cease physical operations, except for minimum basic operations necessary, and are encouraged to work from home.
  • Essential retail businesses, enumerated in the order, may remain open. Non-essential retail businesses may remain open, but they must limit shopping to no more than 10 patrons.
  • Although businesses that offer professional services may remain open, such businesses utilize telework as much as possible. Where telework is not feasible, such businesses must adhere to social distancing recommendations, enhanced sanitizing procedures, and apply relevant workplace guidance from state and federal authorities, including CDC, OSHA, and the VA Dep’t of Labor and Industry.
  • Does not address foreclosures or evictions.

Exceptions/Waivers: Does not provide a mechanism for businesses to obtain a waiver or seek an exemption.
Penalties: Businesses that violate the order may be charged with a Class 1 misdemeanor. 

Washington

Overview: Governor Inslee issued an order March 23, 2020, effective immediately through April 6, 2020.
References:

Key Terms:

  • Individuals must “immediately cease leaving their home,” unless to conduct or participate in an essential activity, or for employment in essential business services, as defined under the proclamation and appendix.
  • All non-essential businesses must cease in-person operations “except for performing basic minimum operations” by midnight on March 25, 2020.
  • All essential businesses, as designated in the appendix list of “Essential Critical Infrastructure Workers” “are encouraged to remain open and maintain operations” but must implement social distancing and sanitation measures as established by the U.S. Dep’t of Labor and the WA State Dep’t of Health.
  • Does not address foreclosures or evictions.

Exceptions/Waivers: To clarify status, or to petition to be added to the Governor’s list of essential business services, businesses are directed to email: business@mil.wa.gov.
Penalties: “Violators of this [] order may be subject to criminal penalties pursuant to RCW 43.06.220(5),” which establishes a gross misdemeanor charge.

West Virginia

Overview: Governor Justice issued an order March 23, 2020, effective March 24, 2020, at 8:00 p.m. until terminated by subsequent executive order.
References:

Key Terms:

  • Non-essential businesses and operations must temporarily cease physical operations, except for minimum basic operations necessary, and are encouraged to work from home.
  • Essential businesses and operations including businesses identified in the Department of Homeland Security’s CISA website, and as enumerated in the order, shall continue to operate.
  • Does not address foreclosures or evictions.

Exceptions/Waivers: Does not provide a mechanism for businesses to obtain a waiver or seek an exemption.
Penalties: “This Order may be enforced by State and local law enforcement and by state and local regulatory and/or licensing bodies to the extent possible under West Virginia law.” 

Wisconsin

Overview: Secretary-designee Andrea Palm of the Wisconsin Dep’t of Health Services issued an order March 24, 2020, effective March 25, 2020, at 8:00 a.m., until April 24, 2020, at 8:00 a.m.
References:

Key Terms:

  • All individuals must stay at home with exceptions, including for “Essential Activities,” “Essential Businesses and Operations,” to perform non-essential “Minimum Basic Operations,” or to engage in “Special Situations,” as defined in the order and incorporating the federally recognized critical infrastructure sectors in the CISA website.
  • All non-essential businesses must cease all in-person activities except for “Minimum Basic Operations”, as defined in the order.
  • “All Essential Businesses and Operations . . . to remain open” subject to the social distancing requirements of the order and Department of Homeland Security guidelines for businesses.
  • All forms of travel other than “Essential Travel,” as defined in the order, are prohibited.
  • Does not address foreclosures or evictions

Exceptions/Waivers: Businesses requesting to be designated as essential may submit an online designation inquiry form to the Wisconsin Economic Development Corporation.
Penalties: Violation or obstruction of the order is punishable by up to 30 days imprisonment, or up to $250 fine, or both (Wis. Stat. § 252.25).

Wyoming

Overview: Governor Gordon has not issued a stay-at-home order or an order closing non-essential businesses.  Wyoming State Health Officer Alexia Harrist of the Wyoming Department of Health has issued three public health orders to close specified businesses and limit social gatherings.
References:

Key Terms:

  • Orders the closure of restaurants, food courts, bars, and other places of public accommodation offering food or beverage for on-premises consumption, along with cigar bars, gyms, and movie theatres, opera houses, concert/music halls
  • Prohibition does not apply to food and drink establishments operating through delivery, window, walk-up, drive-through, or drive-up service
  • Orders the closure of child care centers and home daycares, except for child care for children of essential personnel
  • Orders the closure of K-12 schools and suspension of in-person classes at colleges, universities, and trade schools
  • Prohibits gatherings of ten or more people
  • Orders the closure of nail salons, hair salons, and barber shops; cosmetology, electrology, and esthetic services; massage parlors; and tattoo, body art, and piercing shops

Exceptions/Waivers: To the extent any county order is more restrictive, the more restrictive provisions of the county order shall continue to apply.
Penalties: Any person or legal entity that violates these orders shall be subject to criminal prosecution under Wyo. Stat. Ann. Sections 35-1-105 and -106.