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Ohio Shelter In Place – Stay At Home Order

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[av_heading heading=’Ohio’s “Shelter In Place”/ “Stay At Home” Order’ tag=’h2′ style=’blockquote modern-quote modern-centered’ size=” subheading_active=” subheading_size=’15’ margin=” margin_sync=’true’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” av_uid=’av-k8esns1z’ admin_preview_bg=”][/av_heading]
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[av_toggle title=’Q: What is the “Shelter In Place” / “Stay At Home” order?’ tags=”]
A: The “Shelter In Place”/”Stay At Home” order is Ohio’s attempt to control the spread of COVID-19 (coronavirus) by ordering all individuals currently living in Ohio to stay at home or at their place of residence. However, there are exceptions. During a press conference on Sunday, March 22, 2020, Ohio Governor Michael DeWine disclosed that Ohio would join California, Illinois, Connecticut, New York, and a number of other major cities in issuing a so-called “shelter in place” or “stay at home” order that takes effect Monday, March 23, 2020 and lasts until April 6, 2020. That initial order is here. Then, on April 2, 2020, Dr. Amy Acton, Ohio’s Director of Public Health, issued an amended order that lasts from April 6, 2020 to May 1, 2020. The amended order is here.
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[av_toggle title=’Q: Who issued the order and what does it mean? ‘ tags=”]
A: The order, issued by Department of Health Director Dr. Amy Acton pursuant to her authority under R.C. 3701.13, broadly provides that “all individuals currently living within the State of Ohio are ordered to stay at home or at their place of residence except as allowed in this Order.”
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[av_toggle title=’What’s included in the amended order?’ tags=”]
A: The amended order, which is effective at 11:59 p.m. on Monday, April 6, 2020, and lasts until at least 11:59 p.m. on Friday, May 1, 2020, imposes additional restrictions/clarifications:

  • Single-employee businesses can qualify as an “Essential Business and Operation” as long as all safe workplace safety standards are met.
  • Businesses selling groceries and medicines, which are defined as Essential Businesses and Operations and thus may continue to operate, now must adopt a series of measures to help mitigate the risk of viral spread. Stores must “determine and enforce” a maximum building capacity under which all occupants “may safely and comfortably maintain a six-foot distance from each other.” (Use of the term “occupants” seems to imply both customers and employees.) That number must be prominently displayed at every entrance. All baskets, shopping carts, and the like must be properly cleaned between each use. For in-store lines such as those at cash registers, marks must be made delineating the six-foot minimum distance requirement.
  • It allows continued operation of showrooms for automobiles and boats, as well as delivery of both.
  • It explicitly allows persons to access self-storage facilities.
  • Garden centers and nurseries are now specifically included with hardware and supply stores as being authorized to continue operating.
  • There is a complete prohibition of “[r]ecreational sports tournaments, organized recreational leagues, residential and day camps.”
  • All pools, public or private, must be closed except for swimming pools for a single home.
  • All campgrounds must be closed, although persons living in recreational vehicles who have “no other viable place of residence” may continue to live at a campground.
  • Wedding receptions may have no more than ten persons in attendance; however, weddings and funerals are not subject to that limitation.
  • Persons entering Ohio and intending to stay must self-quarantine for 14 days. (This does not apply to persons who live outside the state but travel to Ohio for work or to obtain essential services.)
  • Persons who have testified positive for, are presumptively diagnosed with, or are exhibiting symptoms of COVID-19 are barred from entering Ohio unless they are (i) doing so pursuant to medical orders to receive medical care, (ii) being transported by an emergency medical service, (iii) driving or being driven directly to a medical provider for initial care, or (iv) a permanent resident of Ohio.

Further details of the amended order are explained here.
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[av_toggle title=’Q: Is anybody exempt from the order? ‘ tags=”]
A: Persons experiencing homelessness are expressly exempt, but are urged to locate shelter. Furthermore, individuals who are engaged in certain Essential Activities, Essential Travel, Healthcare and Public Health Operations, Human Services Operations, Essential Infrastructure, Essential Governmental Functions, Essential Businesses and Operations, and Minimum Basic Operations are exempt. Click here for further clarification on which individuals are exempt in the above categories.
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[av_toggle title=’Q: The order closes places of public amusement. What does that mean exactly?’ tags=”]
A: All places of public amusement, whether indoors or outdoors, including, but not limited to, locations with amusement rides, carnivals, amusement parks, water parks, aquariums, zoos, museums, arcades, fairs, children’s play centers, playgrounds, funplexes, theme parks, bowling alleys, movie and other theaters, concert and music halls, and country clubs or social clubs shall be closed.
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[av_toggle title=’Q: When does the order take effect? ‘ tags=”]
A: The order takes effect at 11:59 p.m. on Monday, March 23, 2020, and continues until at least May 1, 2020 or until the Ohio Department of Health Director, Dr. Amy Acton, orders otherwise.
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[av_toggle title=’Q: May individuals leave their home during the “Shelter In Place”/”Stay At Home” order?’ tags=”]
A: Individuals may leave their home for a broad range of Essential Activities. These include for tasks related to personal health and safety, to obtain necessary supplies and services, for outdoor activity (respecting physical-distancing procedures), to take care of or transport family members, friends, or pets, and for certain types of work. The order specifically permits Ohioans to attend weddings and funerals. Persons may also leave to work for or obtain services through healthcare and public healthcare operations. In addition to hospitals, pharmacies, and other traditional healthcare institutions, this exemption includes organizations collecting blood, platelets, and plasma; medical marijuana dispensaries and cultivators; eye care centers; home healthcare providers; and others.
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[av_toggle title=’Q: What else constitutes as Essential Activities? ‘ tags=”]
A: Essential Activities also include obtaining services from or working for any of the following Ohio Departments: Aging; Developmental Disabilities; Health; Job and Family Services; Medicaid; Mental Health and Addiction Services; Veterans Services; and Youth Services. Also included is Opportunities for Ohioans with Disabilities. Essential Activities also includes work and services necessary to support Essential Infrastructure Operations, such as food production and distribution; fulfillment centers; construction; building management and maintenance; airports; operation and maintenance of utilities; cybersecurity operations; solid waste and recycling collection and removal; and internet, video, and telephone communications systems.
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[av_toggle title=’Q: What places are not included in the definition of Essential Activities?’ tags=”]
A: “Fitness and exercise gyms, spas, salons, barber shops, tattoo parlors, and similar facilities” are expressly excluded from being considered as places to conduct Essential Activities.
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[av_toggle title=’Q: What constitutes as Essential Government Operations? ‘ tags=”]
A: Essential Government Operations is defined to include all first responders; emergency management personnel; emergency dispatchers; legislators; judges, court personnel, jurors and grand jurors; law enforcement and corrections; and the like. This category also includes services provided by the state or any political subdivision “needed to ensure the continuing operation of government agencies or to provide for or support the health, safety and welfare of the public.”
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[av_toggle title=’Q: What constitutes as Essential Businesses and Operations? ‘ tags=”]
A: The order provides a lengthy list of what constitutes Essential Businesses and Operations: Stores selling groceries and medicine; food, beverage, and licensed marijuana production and agriculture; organizations providing charitable and social services; religion entities; media, including newspapers, televisions, radio, and other media services; gas stations and businesses needed for transportation; financial and insurances institutions; funeral services; and more. Also included in this category are “First Amendment protected speech” (though with no specific guidance as to the meaning of this phrase); hardware and supply stores; laundry services; restaurants providing off-premises consumption; supplies to work from home and supplies supporting Essential Businesses and Operations; hotels and motels; and professional services, including attorneys, accountants, insurance agents, and real estate professionals. Finally, the order includes in this definition all Essential Businesses and Operations described as such in a March 19, 2020 memorandum issued by the Department of Homeland Security’s Cybersecurity & Critical Infrastructure Security Agency. That memorandum is available here.


The amended order, signed April 2, 2020 by Ohio’s Director of Public Health, Dr. Amy Action, states that single-person businesses may continue to operate as an essential business “so long as all safe workplace safety standards are met.”

The amended order clarifies that the prior exception allowing travel to obtain necessary supplies and services includes boats. It further states that this exception allows continued operation of showrooms for automobiles and boats, as well as delivery of both. Finally, it explicitly allows persons to access self-storage facilities. Garden centers and nurseries are now specifically included with hardware and supply stores as being authorized to continue operating.

Business focused on recreation should note the amended order specifically prohibits multiple additional categories of activities. This includes the complete prohibition of “[r]ecreational sports tournaments, organized recreational leagues, residential and day camps.” All pools, public or private, must be closed except for swimming pools for a single home. All campgrounds must be closed, although persons living in recreational vehicles who have “no other viable place of residence” may continue to live at a campground. Wedding receptions may have no more than ten persons in attendance; however, weddings and funerals are not subject to that limitation.
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[av_toggle title=’Q: How are Minimum Basic Operations defined? ‘ tags=” av_uid=’av-9o04nv’]
A: Those are defined as the minimum amount of work necessary to maintain the value inventory, preserve physical plant and equipment, ensure security, process payroll and benefits, and such activities as are necessary to facilitate employees’ continued ability to work remotely. Minimum Basic Operations are permitted under Ohio’s Stay At Home Order.
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[av_toggle title=’Q: How does the order affect persons using public transportation?’ tags=”]
A: Persons who are using shared space or are outside the home, including those using public transportation, are to adhere to required physical-distancing protocols. This includes those persons who are engaging in Essential Travel – that is, travel to support Essential Activity, Essential Governmental Functions, Essential Businesses and Operations, and Minimum Basic Operations.
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[av_toggle title=’Q: Will there be violations for those not adhering to the order? ‘ tags=”]
A: The Order makes clear its intention is “to ensure that the maximum number of people self-isolate in their places of residence to the maximum extent feasible, while enabling essential services to continue, to slow the spread of COVID-19 to the greatest extent possible.” The Order is subject to enforcement by state and local law enforcement authorities. Violations are second-degree misdemeanors, subjecting the offender to 90 days in jail and a $750 fine.
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[av_toggle title=’Q: What should essential businesses and employers do to follow the order?’ tags=”]
A:

  • Allow as many employees are possible to work from home
  • Actively encouraging sick employees to remain at home until, without any medication, they are fever-free for at least 72 hours “AND symptoms have improved for at least 72 hours AND at least seven days have passed since symptoms first began”
  • Ensure sick-leave policies are “up to date, flexible, and non-punitive”’
  • Physically separate employees apparently suffering from respiratory illness from other employees and “send them home immediately”
  • Perform frequent cleaning of commonly touched surfaces such as workstations, counters, railings, door handles, and doorknobs

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[av_toggle title=’Q: What if I have more questions about the “Shelter In Place” / ”Stay At Home” order? ‘ tags=”]
A: The state has issued an FAQ, attempting to address many basic questions about the order. Details about the amended order can be found here. Walter Haverfield attorneys are ready to advise you in determining whether your business may continue normal operations under one of the order’s exemptions or must take other measures to comply.
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