Virginia Resources Updated: June 18, 2020
North Carolina Resources Updated: June 23, 2020
Commonwealth of Virginia Official COVID-19 Website
This website is a comprehensive resource that provides information pertaining to official actions, guidance, updates, and information about the novel coronavirus.
Updates from the Governor
Governor Northam is holding Facebook Live briefings at 2pm on Tuesdays and Thursdays to provide an update to the public on the actions his administration is taking to combat and contain the spread of COVID-19 in Virginia and to support Virginians during this very difficult time.
Williams Mullen COVID-19 Legal Updates
Williams Mullen attorneys continue to serve our clients by assembling a legal resource page with alerts on federal and state actions related to COVID-19. An email sign-up is available so you can have legal alerts and updates sent as soon as they are published.
On Thursday June 18, 2020, Governor Northam provided guidance on what to expect when Virginia enters Phase 3. He did not provide a date for when the state will enter Phase 3.
The Phase 3 guidance includes the following:
The Governor also discussed how COVID-19 has disproportionally impacted the Latinx community; he highlighted measures his staff are taking to ensure information is communicated efficiently and effectively.
Here is a link to all of the Governor’s Executive Orders and Directives.
Department of Taxation: www.tax.virginia.gov
Department of Health: www.vdh.virginia.gov
Department of Medical Assistance Services (Medicaid): www.dmas.virginia.gov
Department of Motor Vehicles: www.dmv.virginia.gov
Virginia’s Judicial System: http://www.courts.state.va.us/
Virginia Employment Commission http://www.vec.virginia.gov/
North Carolina Official COVID-19 Website
This website is a comprehensive resource of North Carolina’s response to the Coronavirus Disease 2019 (COVID-19).
Williams Mullen attorneys continue to serve our clients and have helped by assembling a legal resource page with alerts on federal and state actions related to COVID-19. An email sign-up is available so you can have legal alerts and updates sent as soon as they are published.
On May 20th, Governor Roy Cooper issued Executive Order 141 and announced that North Carolina would move into Phase Two of the state’s reopening plan. Phase Two, referred to as “Safer at Home,” began on May 22nd at 5pm and continues until at least June 26th.
Highlights of Phase Two:
Phase Two Requirements
General Retail Requirements
The capacity limit for retailers is unchanged from the previous order and is equal to the lesser of the following:
Other requirements include:
(The Phase 1 requirement to provide hand sanitizer, when available, was moved to a recommendation in the guidance document).
The NC Department of Health and Human Services (DHHS) guidance document for retailers can be found here.
Restaurants are allowed to open under the Phase Two Order subject to capacity restrictions that limit occupancy to the lesser of the following:
The other requirements that apply are as follows:
The Order provides that people do not need to be family members to sit at the same table and do not need to stay six feet apart. Nor are wait staff required to stay six feet away from customers.
The Order also provides that the business immunity provision included in recently enacted COVID-19 legislation applies to restaurants.
The NC DHHS guidance document for restaurants can be found here.
Personal Care, Grooming, and Tattoo Businesses
Personal Care, Grooming, and Tattoo Businesses can open under Phase Two, subject to the capacity limits defined as the lesser of the following:
In addition, the following apply to these business operations:
The NC DHHS guidance document for these businesses can be found here.
What remains closed in Phase Two:
The Order specifically provides that it does not create a private right of action by any party against the “State of North Carolina, its agencies, departments, political subdivisions, or other entities, or any officers, employees, or agents thereof, or any emergency management worker (as defined in N.C. Gen. Stat. § 166A-l 9.60) or any other person.”
Mass Gathering Ban
Mass gatherings are still prohibited and defined as an event or convening that brings together more than ten people indoors or more than 25 people outdoors at the same time in a single confined indoor or outdoor space, such as an auditorium, stadium, arena, or meeting hall. This includes parades, fairs, and festivals. The mass gathering limit does not apply to retail businesses, restaurants, personal care and grooming businesses, pools, childcare, day camps, and overnight camps. The prohibition on mass gatherings does not include gatherings for health and safety, to look for and obtain goods and services, for work, or for receiving governmental services. A mass gathering does not include normal operations at airports, bus and train stations or stops, medical facilities, libraries, shopping malls, and shopping centers. It also does not apply to the exercise of First Amendment rights.
Definitions Applicable to Executive Order 141
The Order provides that personal care and grooming businesses include, but are not limited to, the following:
Restaurants include, but are not limited to, cafeterias, food halls, dining halls, food courts, and food kiosks. Locations within other businesses or facilities, including, but not limited to airports, shopping centers, educational institutions, and private or members-only clubs where food and beverages are permitted to be consumed on premises.
Overview of NC’s 3-Phase Reopening Plan
As background, the three phases of the re-opening plan rely on North Carolina’s progress on certain measurable factors. Below are the factors and in parenthesis the result needed for each factor to continue moving forward in re-opening the state:
What to expect in Phase Three:
State health officials continue to monitor these factors. Assuming that the factors continue to be met, restaurants, bars, other businesses, houses of worships, and entertainment venues would be allowed to increase their capacities. Also, the number of people allowed at gatherings would increase. In addition, businesses that remain closed under Phase Two, such as entertainment venues, would be able to open.
Presumably, although it’s not completely clear, the next step after Phase Three would be lifting all restrictions. However, the Governor made it clear that if there is regression in meeting these factors, then moving back a phase would be possible. A link to the Governor’s presentation of the 3-phase plan can be found here.
For more information on Executive Order 141, the Governor’s Office created a guidance document, which can be found here.
On Saturday, May 30th, Governor Cooper issued Executive Order 142 (Evictions and Utility Disconnect Moratoria Order). This Order places a moratorium on evictions for residential and commercial tenants and prohibits utility disconnects and late fees.
Utility Shutoff Moratorium:
For more information on Executive Order 142, the Governor’s Office created a guidance document, which can be found here.
Municipal and County Restrictions:
Several local governments across North Carolina have implemented their own restrictions. Below is a list of 27 communities who have passed such restrictions, and a link to the local order.
COVID-19 Additional Resources (North Carolina):
NC Department of Revenue (DOR): https://www.ncdor.gov/
NC Department of Health and Human Services: https://www.ncdhhs.gov/
NC Department of Commerce: https://www.nccommerce.com/
NC Judicial Branch: https://www.nccourts.gov/
NC Department of Motor Vehicles (DMV): https://www.ncdot.gov/dmv
NC Department of Agriculture & Consumer Services: http://www.ncagr.gov/
Department of Insurance https://www.ncdoi.gov/
Golden LEAF Foundation - Rapid Recovery Loan Program https://ncrapidrecovery.org/
Department of Homeland Security:
FDIC and Other Bank/Lending Regulators:
US Small Business Administration: