While previously the vast majority of states have issued a state-wide stay-at-home order in response to the COVID-19 pandemic, the past week has seen significant federal and state action to plan a gradual re-opening of businesses and other activities.  As of April 24, 2020, multiple states have announced a partial re-opening and lifting of certain COVID-19-related restrictions.  Many other states have extended the expiration date of their stay-at-home orders at least one time since their initial issuance, some into at least mid-May.  Many have joined forces with other states, forming alliances within their regions to coordinate the re-opening of non-essential businesses and the process of permitting employees to return to work in their regular work locations.  The announced multi-state coalitions include the following coalitions:

• The Western States Pact, including California, Oregon, and Washington;

• The Midwest Partnership, including Ohio, Wisconsin, Minnesota, Illinois, Indiana, and Kentucky; and

• The Multi-State Council, including Connecticut, Delaware, Massachusetts, New Jersey, New York, Pennsylvania, and Rhode Island.

Plans for a coalition of Southeastern states which may include Florida, Mississippi, Alabama, Georgia, South Carolina, and Tennessee are under consideration.

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.  Summarized below is a representative sample of the state actions to gradually re-open businesses and modify COVID-19-related restrictions.

Some recent state announcements have been made in parallel – or in some cases directly prior – to the federal government’s unveiling of broad new guidance on April 16, “Opening Up America Again.”  The federal guidelines propose recommendations and a three-phase roadmap to relax strict quarantine measures and allow a gradual re-opening of the economy and other aspects of pre-COVID-19 daily activities.  While the gating criteria and responsibilities outlined in the guidelines largely reinforce plans already in the works by many governors, and do not impact the governors’ authority to lift states’ stay-at-home orders, the new guidance provides some potential guardrails as to when, and how, the country will “re-open.” This federal guidance also poses many questions about how various sectors of the economy and government will coordinate and function until a vaccine is developed and administered, optimistically in 12 to 18 months.

While no one can predict the exact cadence of these developments, recent California guidance offers insights into potential state and regional approaches. Earlier this month, California Governor Newsom released a “Roadmap to Modify the Stay-at-Home Order” wherein he outlined six critical indicators the state will consider before modifying the Stay-at-Home Order and other COVID-19 interventions. These critical indicators include the ability to:

1. Monitor and protect communities through testing, contact tracing, isolating, and supporting those who are positive or exposed

2. Prevent infection in people who are at risk for more severe COVID-19

3. Demonstrate the health system’s ability to handle surges

4. Develop drugs and treatments to meet the demand patient care requires

5. Support physical distancing in businesses, schools, and child care facilities

6. Determine when to reinstitute certain measures, such as the stay-at-home orders, if necessary

Most public health officials support slow, measured relaxation of physical distancing interventions and expect that even with a slow, phased re-opening of businesses, schools and governments, the U.S. is likely to see COVID-19 hospitalizations and deaths spike again.  Therefore, we may expect to experience activities of normal life expanded only to soon after face reinstated orders and new closures later in the year. 

Given how quickly this situation is evolving, it is imperative that all stakeholders develop a clear strategy for dealing with these orders and monitoring the actions of individual state and multi-state coalitions.

Alaska

On April 21, 2020, Governor Dunleavy announced that restaurants and other retail businesses can begin re-opening on April 24, as long as they follow certain health guidelines. During this initial phase, businesses that re-open must stay below 25% capacity. A later, second phase is tentatively scheduled for May 8, during which capacity restrictions will likely lessen or lift.

Colorado  

On April 20, 2020, Governor Polis announced the forthcoming expiration of Colorado’s pandemic Executive Order D-2020-017, signifying a shift from a “Stay-at-Home” policy to “Safer-at-Home” phase. Beginning April 27, retailers will have the option to re-open with curbside pickup. Also on this date, personal service and elective medical providers, including hair salons, dental offices and tattoo shops, can re-open as long as certain precautions are observed. Restaurants and bars will still be limited to takeout only. Additional changes may occur during May.  Governor Polis anticipates that on May 1, retailers will be able to re-open to limited numbers of in-store customers, and on May 4, companies can re-open offices with 50% of their workforces.

Delaware

On April 23, 2020, Governor Carney announced a statewide public engagement strategy focused on Delaware’s economic re-opening and recovery effort due to COVID-19. Starting on April 27, the Delaware Division of Small Business and the Delaware Prosperity Partnership will host virtual Recovery Town Halls with members of the General Assembly, small businesses, and local Chambers of Commerce, to begin collecting feedback from small business leaders about Delaware’s economic re-opening.  Lieutenant Governor Hall-Long will host similar, virtual town hall meetings with members of the public to collect feedback that will inform Delaware’s recovery effort. Additionally, Governor Carney has assigned S.W.A.T. teams from state government to work with industries most hard-hit by the COVID-19 crisis, including the restaurant industry, tourism, retail, and the arts community.

Georgia

On April 20, 2020, Governor Kemp issued an Executive Order providing that certain businesses, including gyms, hair salons, bowling alleys and tattoo parlors, can re-open on April 24, provided that owners adhere to strict social-distancing and hygiene requirements.  Elective medical procedures can also resume on April 24.  By April 27, movie theaters may resume selling tickets and restaurants limited to takeout orders can return to limited dine-in service.  Bars, live performance venues and amusement parks will remain closed. While Georgia’s shelter-in-place order remains in effect until April 30, at-risk people are still urged to remain home until May 13.  Religious institutions are still urged to hold drive-thru or online services for now.  

Illinois

On April 23, 2020, Governor Pritzker announced an extension of Illinois’ stay-at-home order through May 30. However, the modified extended order provides for select re-openings across the state. Golf courses may re-open if they implement strict social distancing measures, and state parks may begin a phased re-opening under guidance from the Department of National Resources. Greenhouses, garden centers, nurseries, and animal grooming services were added to the “essential business” category permitted to operate. Non-essential retail stores may re-open to fulfill telephone and online orders through outdoor pick-up and delivery. Further, beginning May 1, all residents over the age of two years old must wear a mask in public places, such as stores and other spaces where it is not possible to maintain six feet of distance. Employees of essential businesses and manufacturers, including animal groomers, are also subject to this requirement.

North Carolina

On April 23, 2020, Governor Cooper issued an executive order extending North Carolina’s stay-at-home order through May 8. Prior orders regarding the closure of restaurants for dine-in service, bars and other close-contact businesses are also extended through May 8. Governor Cooper also outlined a three-phase plan to re-open the state that will go into effect once guidelines involving testing, tracing and data trends are met.  Governor Cooper indicated that the three-phase plan is based on current information and could be altered as new information emerges.

Oklahoma

On April 22, 2020, Governor Stitt announced that personal care businesses including hair salons, barber shops, pet grooming services, and nail salons can begin re-opening on April 24, as long as they follow certain guidelines. Elective medical procedures also can begin again on April 24.  Additional businesses including restaurants, churches, gyms and movie theaters will be permitted to open on May 1, as part of phase one of a three phase plan to re-open.  The state’s “Safer at Home” initiative, applying limited stay-at-home requirements to the vulnerable and the elderly, remains in effect until May 6.

South Carolina 

On April 20, 2020, Governor McMaster issued Executive Order 2020-28 to re-open South Carolina beaches and certain retail businesses, including department stores, sporting goods stores and flea markets.  Other retailers selling furniture, books, music, flowers, clothing and accessories also may re-open. Re-opening businesses must limit the number of customers allowed on-site to 20% capacity, or five people per 1,000 square feet.  Beaches were permitted to re-open on April 21.  Bars and restaurants remain limited to take-out only.

Tennessee 

On April 20, 2020, Governor Lee announced that he is currently working with industry leaders to synchronize the re-opening of “some businesses” as soon as April 27.  The vast majority of businesses will be allowed to re-open on May 1. Meanwhile, Tennessee will play host to an intrastate coalition. On April 16, 2020, the mayors of Tennessee’s four largest cities (Nashville, Knoxville, Memphis, and Chattanooga) created the “Big Four” task force to coordinate the re-opening of local economies. The Task Force will collaborate on responsible strategies to synchronize resumed business operations.

Texas

On April 17, 2020, Governor Abbott announced a forthcoming “phased re-opening.” First, state parks were allowed to re-open on April 20, provided that visitors must follow social distancing guidelines.  From April 22 through May 9, health care professionals must continue to postpone medically unnecessary procedures; however, Executive Order GA-15 allows for: (i) procedures that would not deplete the hospital capacity or the personal protective equipment (PPE) necessary for COVID-19; or (ii) procedures performed at a facility that certifies to the Texas Health and Human Services Commission that it will reserve 25% of its beds for COVID-19 patients and not request any PPE from any public source.  Executive Order GA-16 provides for the re-opening of select retail services on April 24 under a “Retail-To-Go” model, delivering to people at home or in their cars. The state’s stay-at-home order, Executive Order GA-14, will remain in effect through April 30.

Wisconsin

On April 20, 2020, Governor Evers announced Wisconsin’s “Badger Bounce Back” plan for re-opening the state. The plan mirrors the federal guidelines outlined in “Opening Up America Again.” Wisconsin progresses through a three-phase re-opening based on its ability to sustain a decline in positive COVID-19 cases and offer widespread treatment and testing at hospitals. The plan offers no set timeline for re-opening, and Wisconsin’s Safer at Home Order will remain in effect until May 26.