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COVID UPDATE – NEW Ohio Stay Home Order – Extended until Midnight May 1, 2020

Governor DeWine announced that Dr. Acton signed a new Stay at Home Order for Ohio today, April 2, 2020.  Here is the Amended Order: Amended Ohio Stay at Home Order. The Amended Order changes a good deal but the big change is the duration of the Stay at Home Order has been extended until midnight of May 1, 2020. Some of the other changes include:

  • One person businesses may conduct businesses as long as “safety standards are met,” assuming the Amended Order intends to reference the Social Distancing Requirements detailed in Paragraph 15 and the Checklist detailed in Paragraph 18, which the author of this article does believe;
    • The example given by the Governor/ Lt. Governor in today’s press conference was an individual providing lawn care for an elderly individual – that is now permitted under the new Amended Order…but not until the old Order expires (April 6th)
    • COMMENTARY: This example given by the Gov./ Lt Gov. stress that not all construction (landscape or otherwise) are considered Essential Businesses and Operations. If all construction, again landscaping included, were meant to be “essential,” the modification to the Order permitting only 1 person crews, essential or not, would have been unnecessary entirely.
  • Prohibited sports tournaments, rec sports, and day camps;
  • Closure of swimming pools (unless pool for single household);
  • Closure of campgrounds (State Parks remain open but will be closed if too many people populate them or the social distancing requirements (6ft distance rule) are not being met.);
    • excepted those in RVs with no other place of residence – they may remain on the campgrounds;
    • fishing is okay as per the Governor today in the press conference;
  • Those moving to Ohio must self-quarantine for 14 days – does not include those who live in KY but work in Ohio, or vice versa;
  • Car and boat showrooms were added to the exemption list as an integral part of an Essential Business or Operation;
  • Weddings and funerals are still exempted but the 10 person limit still applies to the wedding reception even though it does not apply to the wedding ceremony or funeral services;
  • retail stores (groceries, pharmacies, convenience stores etc) have to set a limit on the number of people in the store at a time — native to each company and not a set number across the board;
  • Garden centers and nurseries have been added to the list of Essential Businesses and Operations under the heading “Hardware and supply stores;”
  • Printing services were added to the list of suppliers of Essential Businesses and Operations permitted to continue working;
  • Referenced the updated version of the Memorandum issued by CISA, thereby including all those listed under the updated version as Essential Businesses and Operations (link to version 2.0 here: CISA Memorandum of Essential Infrastructure V2.0);
    • CONSTRUCTION NOTE: Version 2.0 of the CISA’s Memo was modified to include a few more trades. The pertinent language is: “Workers such as plumbers, electricians, exterminators, builders, contractors, HVAC Technicians, landscapers, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response.” CISA Memo V2.o pg. 10  
      • COMMENTARY: As before, I have asked both the state and federal government for further elaboration on this, specifically as to whether the last phrase of the cited language modifies all of the listed trades, in that those listed have to be providing safety or sanitation-related services or involve residential property or healthcare facilities. Stay tuned. Either way, whether “essential” or not, all businesses have to follow the Social Distancing Requirements as per the original Ohio Stay at Home Order and the new Amended Order.
  • Further elaboration of the enforcement provision (Paragraph 17);
  • Penalty provision was added at Paragraph 18 –violation is second-degree misdemeanor, which can include $750 fine and/or 90 days in jail; and
  • Dispute Resolution provision was added at Paragraph 23 –basically, violations are reported to ODH’s Dispute Resolution Commission, who then makes a final determination.

I advise that you read the Amended Order yourself (again, attached here: Amended Ohio Stay at Home Order). Speak with your legal counsel regarding these changes as they apply to your specific situation. Stay safe and healthy everyone.

**Just a reminder: the SBA Payroll Protection Program loans are set to begin taking applications tomorrow. Talk to your banker/ lender ASAP if you are interested.**