As previously discussed, 18 counties were moved into the “Green” phase of the Commonwealth’s phased reopening plan this past Friday, May 29, 2020. On that same day, the Wolf administration announced that 16 additional counties will move into the Green phase this coming Friday, June 5. This list includes Pittsburgh and most of its suburbs, but not the Philadelphia, Allentown, Scranton, and Harrisburg areas. However, as discussed previously, these latter areas either already moved or will be eligible to move as of this coming Friday into the “Yellow” phase.
As a reminder, Governor Wolf issued an amended executive order last week that provided additional guidance for counties entering the “Green” phase. The order included provisions for businesses that were permitted to conduct in-person operations in the yellow phase, those permitted to operate with some restrictions on in-person operations, and those that were not permitted any in-person operations under the yellow phase. Specifically, the order provided guidance on occupancy limits and health and safety orders that business must adhere to under the green phase, including:
- Businesses that were previously closed must fully comply with previously-issued Business Safety Order (discussed here) and Building Safety Order (available here) and all existing and future applicable guidance issued by the Wolf Administration and the CDC.
- Most businesses serving the public can operate at up to 75% of the relevant facility’s maximum capacity, though the order noted that such businesses must still enforce social distancing requirements, which may limit occupancy below the 75% maximum capacity.
- Certain businesses that were previously not permitted to reopen under the Governor’s May 7 amended order, such as indoor recreation (e.g., bowling, arcades, and pool halls) indoor health and wellness facilities and personal care services (e.g., gyms, spas, hair salons, nail salons and massage therapy providers), and all entertainment (e.g., casinos, theaters, museums, concerts, zoos, sports clubs, carnivals, and playgrounds), can operate at up to 50% of the relevant facility’s maximum capacity, though the order noted that such businesses must still enforce social distancing requirements, which may limit occupancy below the 50% maximum capacity.
Seyfarth continues to monitor the Wolf Administration’s business-related orders in response to COVID-19 and will provide further updates as available.