Governor Hogan Issues New Face-Covering and Physical-Distancing Order

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On April 15, to further stem the spread of COVID-19, Maryland Governor Larry Hogan issued a new face-covering and physical-distancing Order. Here are the highlights.

Effective at 7:00 AM on April 18:

  • all public transportation riders and operators, except for operators in a separate compartment that is off-limits to riders, must wear a face covering;
  • all customers over nine years old must wear a face covering while inside an enclosed area at a retail or food service establishment;
  • adult customers accompanying children age two through nine must use reasonable efforts to cause the children to wear a face-covering while inside an enclosed area at a retail or food service establishment;
  • retail establishment staffers must wear a face covering while working in areas open to the general public and areas in which interaction with other staffers are likely; and
  • food service establishment staffers who interact with customers, including food delivery personnel, must wear a face covering while working.

Under the Order, single-use face coverings must be properly discarded in a trash receptacle. And, the Order recommends that reusable face coverings be cleaned frequently, at least once per day.

The Order defines face-covering broadly: “A covering that fully covers a person’s nose and mouth, but is not a medical-grade mask.”The definition includes, without limitation, “scarves and bandanas.”

The Order also imposes new physical distancing requirements on retail establishments.

They must, in good faith and to the extent possible:

  • where a queue is expected to form, designate with signs, tape, or by other means at least six-foot spacing for those in the queue;
  • sanitize, or provide customers with a means to sanitize, cart handles and baskets available to customers;
  • make clean restrooms, stocked with soap or sanitizer, available to staffers and customers;
  • allow staffer to wash their hands at least every 30 minutes; and
  • post signs at each entrance notifying customers about the face-covering requirement.

The Order shall remain in effect until the state of emergency ends. And, anyone who knowingly and willfully violates the Order faces conviction for a misdemeanor, punishable by a fine of up to $5,000, imprisonment for up to a year, or both.

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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