November 5, 2020
Good morning! With rising COVID-19 case counts, Governor Mills just released a new Executive Order expanding the requirement that citizens wear facial coverings in all public indoor AND outdoor spaces.
The Executive Order reads:
“Public settings” defined.
The term “public settings” is to be broadly construed and includes:
a. Indoor spaces that are accessible to the public, including but not limited to restaurants, grocery stores, retail stores, pharmacies, health care facilities, social clubs, auditoriums, theaters, stadiums, arenas, concert halls, convention centers, meeting halls, gymnasiums, rinks, fitness centers, houses of worship, transportation centers, indoor parking garages as well as other public accommodations;
b. Outdoor spaces including but not limited to playgrounds, parking lots, sidewalks, athletic and sports venues, and other areas such as lines for takeout service where the public typically gathers in a smaller area;
c. Public transportation such as a taxi, Uber, Lyft, ride-sharing or similar service; ferry, bus, or train; and any semi-enclosed transit stop or waiting area;
d. Portions of municipal, county, state, and private buildings and grounds that are typically accessible to the public, including parking lots, walkways, lobbies, waiting areas, elevators, service desks, and related hallways.
For the purpose of this section, government buildings and grounds include those privately owned and leased for government use; and
e. Other locations that the Commissioner of the Department of Economic and Community Development (DECD) and the Commissioner of the Department of Health and Human Services (DHHS) identify as presenting a risk of transmission of the virus pursuant to Section III, below.
For retail, the big change is that enforcement of the facial covering requirement and the posting of signage is expanded to retailers of all sizes. Previous Executive Orders have limited the enforcement requirement to retailers of 50,000 square feet or larger.
We have immediate questions on the enforceability requirement on businesses for outside areas like parking lots and walkways. We are working to clarify those questions as soon as possible.
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