Gold Dome Report - May 2020 #4

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Nelson Mullins Riley & Scarborough LLP

At an afternoon press conference Governor Brian Kemp today announced that he will renew the state’s Public Health State of Emergency until July 12, 2020. Governor Kemp explained that the State of Emergency provides the state with flexibility in its continued response to the COVID-19 crisis. Several state agencies have already begun the transition to limited in-person operations.

Governor Kemp also signed a new executive order which outlines guidelines for summer camps and other select facilities. The executive order also extends the Stay-At-Home order for persons 65 or older until June 12 with some exceptions. The order also increases the allowable size of gatherings from 10 to 25 individuals, if those in attendance are able to socially distance with at least six feet of distance between individuals. Live performance venues will remain closed for the time being. Beginning June 1, bars and nightclubs may reopen if they comply with strict sanitation and social distancing rules (they will actually be required to follow 39 mandatory measures – including screening workers and limitations on occupancy). Governor Kemp indicated his new order also addresses banquet facilities and similar venues which will be permitted to open and must follow guidelines like those in place for restaurants.

Governor Kemp also announced that professional sports teams in the state must operate based on the guidelines of their specific leagues. Amateur sports leagues must follow non-essential business guidelines.

Schools may reopen for summer school beginning June 1 if they follow social distance and health guidelines.

Beginning next week, DPH will move to a single daily update of COVID-19 data. Governor Kemp explained that he is encouraged by the data trends he has seen regarding infection and hospitalization rates.

Governor Kemp asked that Georgians continue to heed public health advice if they choose to attend in-person religious services.

He also encouraged individuals to wash their hands, wear masks in public and keep their distances.

Governor Kemp also answered questions from the media.

How do you reconcile these new guidelines with data showing an increase of cases?

A private testing facility had a backlog of tests that were added to the data this weekend. Governor Kemp believes this is the reason for the higher numbers.

Who should be wearing masks? And when?

There is no mandate to wear a mask but wearing a mask helps prevent the spread of the virus. It is always a good idea to socially distance from individuals regardless of whether they are wearing a mask or not.

What are the consequences for establishments that do not follow gathering size guidance?

The state has been issuing verbal warnings but will issue more serious consequences if the situation warrants it. In order to respond to these situations, the state must receive a complaint.

Has the state been working with professional sports to see what a reopening would look like?

The state has talked to some pro-sports teams and is trying to give these organizations the ability to start training. Conversations revolving around crowd attendance at games have not yet taken place.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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