Below is a distillation of the 12-page order issued by Ohio’s Director of Health, Amy Acton, MD, MPH, prepared by Principal David Cuppage.
- The order becomes effective at 11:59 p.m. on March 23, 2020 and remains in effect until 11:59 p.m. on April 6, 2020.
- Pursuant to the Oho Department of Health’s March 22 order, all businesses—except “Essential Businesses and Operations”—are required to cease all business activities other than their “Minimum Basic Operations.”
- Importantly, essential businesses and operations includes: stores that sell groceries and medicine; food, beverage, and licensed marijuana production and agriculture; organizations that provide charitable and social services; religious entities; media; first amendment protected speech; gas stations and businesses needed for transportation; financial and insurance institutions; hardware and supply stores; critical trades; mail, post, shipping, logistics, delivery, and pickup services; educational institutions; laundry services; restaurants for consumption off-premises; supplies to work at home; supplies for essential businesses and operations; transportation; home-based care and services; residential facilities and shelters; professional services (legal, accounting, insurance, real estate); manufacture, distribution, and supply chain for critical products and industries (including pharmaceutical, technology, biotechnology, healthcare, chemicals and sanitization, waste pickup and disposal, agriculture, food and beverage, transportation, energy, steel and steel products, petroleum and fuel, mining, construction, national defense, communications); critical labor union functions; hotels and motels; funeral services.
For a complete list of “Essential Businesses and Operations”, see the Ohio Department of Health’s Director’s Stay at Home Order.
- The Order provides with exceptions that all individuals are ordered to stay at home or at their place of residence. To the extent individuals are using shared or outdoor space, they must at all times and as much as reasonably possible, maintain social distancing.
- All non-essential business and operations must cease, with the exception that minimum basic operations may continue.
- All public and private gatherings occurring outside a single household or living unit of ten or more people is prohibited. All places of public amusement, whether indoor or outdoor, are required to remain closed.
- Only essential travel and essential activities are permitted
- Leaving home for essential activities is permitted. Essential activities include to engage in activities or perform tasks essential for health and safety, for obtaining necessary supplies and services, for outdoor activities (subject to social distancing requirements), and for certain types of work at essential businesses or operations (which includes healthcare and public health operations, human services operations, essential governmental functions, and essential infrastructure), or to carry out activities specifically permitted (including minimum basic operations). Taking care of others, such as family members, friends, or pets in another household are permitted.
- Elderly people and those who are vulnerable as a result of illness should take additional precautions.
- For those non-essential businesses, minimum basic operations are permitted (provided that employees comply with social distancing requirements) including activities to maintain the value of business’s inventory, preserve the condition of physical plants and equipment, ensure security, process payroll and employee benefits, and related functions.
- Essential travel includes travel related to essential activities, essential business and operations, and minimum basic operations. Essential travel also includes travel to care for elderly, minors, dependents, persons with disabilities, travel for receiving educational materials, travel to return to a place of residence outside of Ohio.
- Finally, social distancing includes maintaining a designated six foot distance, using hand sanitizer and sanitizing products, maintaining separate operating hours for vulnerable populations, and using online and remote access services.
The attorneys at McCarthy Lebit remain available to discuss any questions or needs that your business may have. We are continuing to stay apprised of COVID-19 developments and will continue to update our materials accordingly.
