The Legal Landscape of COVID-19

Besides the medical and social changes brought on by COVID-19, the legal landscape has changed as well. In addition to the well-known federal CARES Act, the Governor has issued several executive orders that impact local citizens and businesses. Here are just a few key points from the most recent laws:

Social Distancing and Mask Wearing

According to Governor Kemp’s Executive Orders dated May 28, 2020, the Public Health State of Emergency is extended to July 12, and “all residents and visitors of the State of Georgia shall practice Social Distancing…” and “are strongly encouraged to wear face coverings as practicable while outside their homes or place of residence, except when eating, drinking, or exercising outdoors.”

Social Distancing means staying at least six feet away from people (other than family or roommates), and avoiding large crowds.

Sheltering in Place

People aged 65 and older or who have certain medical conditions “are required to Shelter in Place” at home but are permitted to engage in essential services, necessary travel, and gainful employment. According to the order, these people “shall not receive visitors” with limited exceptions, and when visits occur, social distancing shall be maintained.

Nursing Homes and Long-Term Care Facilities

People who are currently in a care home or facility “shall not receive visitors” with certain exceptions, in which case distancing must be observed.

Restaurants

The rules regarding restaurants are extensive, and all restaurant owners and managers should read the Executive Order verbatim (it is available online at gov.georgia.gov).

Basically, restaurants may only admit 10 patrons for each 300 square feet of public space, all restaurant workers must wear face coverings at all times, restaurants must screen workers who exhibit symptoms, sending symptomatic workers home, and restaurants must implement enhanced sanitation protocols.

Table seatings are limited to a maximum of 10 people, and seating arrangements must be redesigned to separate customers at adjoining tables by six feet.

In addition, the executive order requires restaurants to post a sign at the entrance that says, “No one with symptoms of COVID-19 is permitted in the facility.”

Bars have similar and more specific regulations, including a requirement to limit table seatings to a maximum of six people, and prohibiting standing customers unless they can be accommodated with social distancing.

Other Businesses

Critical infrastructure businesses that engage in in-person contact are ordered “to implement measures which mitigate the exposure and spread of COVID-19, but the details are presented as a list of suggestions to be implemented “to the maximum extent practicable.” These include screening workers, increasing disinfection and sanitation efforts, prohibiting gatherings and holding meetings virtually.

For other businesses, the above measures and more are mandated.

Specific rules apply to grocery stores (closing self-serve salad bars and buffets), gyms (requiring sanitation of shared equipment between uses), fitness centers (“Requiring no less than ten (10) feet of distance between patrons participating in group fitness classes”), and body art studios (“one patron per service provider … at one time”).

Also, hair designers (“one parent to be within a facility if their minor child is receiving a haircut”), massage therapists (patrons must wait in their vehicles or in waiting area that provides six feet of spacing between patrons), tanning facilities (“services by appointment only”), and other specific businesses, including education and childcare facilities.

Dentists, optometrists, and certain other professionals are required to comply with the specific rules set forth by their trade associations. Live performance venues remain closed until further notice.

Enforcement

Violation of any of the mandatory rules set forth in the Governor’s Executive Order is a misdemeanor, although officials are encouraged to take reasonable steps to provide notice before issuing a citation or making an arrest. After two citations, law enforcement can force the non-compliant business to close.

This summary is not exhaustive, and anyone who would like more information should read the Executive Orders (dated May 28, 2020), which are available online.