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States Use Re-Closures, Pause Orders, and Travel Restrictions to Combat Increased COVID-19 Case Counts

States Use Re-Closures, Pause Orders, and Travel Restrictions to Combat Increased COVID-19 Case Counts

Jul 02, 2020
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Summary

The United States has seen an 82% increase in the number of new COVID-19 cases since two weeks ago, and has set daily new case records four times in the last week.  The bulk of the increased case counts are coming from states in the South and West, including Arizona, California, Florida, Georgia, and Texas, along with others.  The increased case counts come at a time when many of those states are still in the middle of their reopening plans, and have raised questions about whether industries will continue opening, or whether the increased case counts will lead to re-closures.

While every state’s approach is different, the following trends have developed over the last week.

1. Business Re-Closures

Several states have recently decided to re-close, or significantly restrict certain businesses.

State

Steps Taken

Arizona

Closed fitness centers, nightclubs, water parks, movie theaters, tubing rentals, and bars for 30 days (June 29)1

California

Closed bars in 19 counties, as well as all indoor activities at restaurants, wineries, movie theaters, family entertainment centers, zoos, museums, and closed certain beaches and parks (June 28, June 30, and July 1)2

Colorado

Closed bars and nightclubs for 30 days (June 30)3

Florida

Closed bars, certain beaches and parks (June 26)4

Pennsylvania

Closed bars in Allegheny County (June 28)5

Texas

Closed bars, reduced restaurant capacity, and restricted certain elective surgeries (June 25 and 26)6

Ada County, Idaho (Boise)

Closed bars and nightclubs by returning to Phase III from Phase IV (June 22)7

2. Pause Orders

Other states have chosen to stop, or “pause,” the reopening process.  These actions do not require business closures, but rather, delay the reopening of new industries.

  • Arizona (June 26)8
  • Arkansas (June 25)9
  • California (June 25, 29)10
  • Delaware (June 25)11
  • Florida (June 25)12
  • Kansas (June 23)13
  • Louisiana (June 22)14
  • Maine (June 22)15
  • Michigan (June 24)16
  • Nevada (June 15)17
  • New Jersey (June 29)18
  • New York (July 1)19
  • New Mexico (June 25)20
  • North Carolina (June 24)21
  • Oregon (June 13)22
  • Texas (June 26)23
  • Utah (June 13)24
  • Washington (June 29)25

 

3. Travel Restrictions

Beginning on June 24, 2020, Connecticut, New Jersey, and New York are requiring people arriving from states with high coronavirus rates to quarantine for 14 days.26  Specifically, the New York Executive Order uses the following criteria:  all travelers entering “from a state with a positive test rate higher than 10 per 100,000 residents, or higher than a 10% test positivity rate, over a seven day rolling average, will be required to quarantine for a period of 14 days.”27

The states that initially were included were Alabama, Arkansas, Arizona, Florida, North Carolina, South Carolina, Texas, and Utah,28 but the list was expanded on June 30, 2020, to include California, Georgia, Iowa, Idaho, Louisiana, Mississippi, Nevada, and Tennessee.29

Connecticut, New Jersey, and New York will be responsible for their own local enforcement of the quarantine.  For example, in New York, those individuals violating the quarantine could be subject to fines of up to $2,000 for the first violation, $5,000 for the second violation, and $10,000 if any injury is caused.30 Different exemptions apply in each state, but generally apply to people traveling to those states to conduct essential business or provide essential services, assuming they meet certain criteria.

4. How Does This Affect My Business?

There are many ways these actions can impact your company, including the following:

  • Closures. The establishments closed to date are largely in the bar industry.  Please be aware that other businesses may be required to shut down as this virus continues to spread throughout the country, especially if your industry or business is identified as contributing to increased infection rates.
  • Delays. If your business has not reopened yet you may be impacted by the “pause” orders.  Many states have already slowed the process of reopening, so you may wish to plan for that possible event.
  • Travel Restrictions. If your company has offices in Connecticut, New Jersey, or New York, or if any of your employees live in those states or travel to them for work, you may be impacted by the quarantine orders.

Conclusion

The impacts of COVID-19 on businesses and our society continue to change and develop.  Our COVID-19 Reopening Team is tracking those changes, and would be happy to discuss any questions regarding your particular business or any travel restrictions in your jurisdiction.

While every state’s approach is different, the following trends have developed over the last week.


1. https://azgovernor.gov/sites/default/files/eo_2020-43.pdf

2. https://www.csmonitor.com/USA/Society/2020/0628/California-joins-Texas-and-Florida-in-reversing-reopening, https://www.kron4.com/news/california/californias-coronavirus-outbreak-explodes-forces-closures-again/ and https://abc7.com/newsom-speech-today-california-stay-at-home-restrictions-gavin-press-conference-live/6288080/

3. https://www.colorado.gov/governor/sites/default/files/inline-files/D%202020%20123%20Safer%20at%20Home%20and%20in%20the%20Vast%2C%20Great%20Outdoors%20Extension.pdf

4. http://www.myfloridalicense.com/dbpr/os/documents/EO_2020-09.pdf and https://www.floridatoday.com/story/news/2020/06/30/coronavirus-florida-beaches-closed-open-july-4-holiday/3277961001/

5. https://fox8.com/news/coronavirus/pennsylvanias-allegheny-county-closing-bars-amid-coronavirus-spike/

6. https://gov.texas.gov/uploads/files/press/EO-GA-27_hospital_capacity_COVID-19.pdf and https://gov.texas.gov/uploads/files/press/EO-GA-28_targeted_response_to_reopening_COVID-19.pdf

7. https://adacounty.id.gov/blog/news/ada-county-returns-to-stage-3/

8. https://www.theguardian.com/us-news/2020/jun/26/arizona-joins-texas-halting-reopening-amid-surge-covid-coronavirus-cases

9. https://www.ky3.com/content/news/Arkansas-governor-No-further-reopening-as-virus-cases-spike-571491341.html

10. https://www.cnbc.com/2020/06/26/san-francisco-pauses-next-phase-of-reopening-as-california-coronavirus-cases-climb.html, https://www.latimes.com/california/story/2020-06-26/coronavirus-surge-san-francisco-pauses-reopening-plans, https://patch.com/california/livermore/alameda-county-pauses-coronavirus-reopening-livermore-cases, and https://www.kron4.com/news/bay-area/following-san-francisco-contra-costa-county-postpones-reopening-amid-virus-uptick/

11. https://6abc.com/delaware-coronavirus-reopening-phase-3-covid-19/6268394/

12. https://www.news4jax.com/news/local/2020/06/25/desantis-no-plans-to-move-to-next-phase-of-reopening-florida-amid-spike/

13. https://apnews.com/d3b4bf276712549f7742836f0e7a8c98

14. https://www.theadvertiser.com/story/news/local/2020/06/22/louisiana-coronavirus-spike-highest-since-april-phase-3-reopening/3235446001/

15. https://bangordailynews.com/2020/06/22/business/janet-mills-postpones-reopening-indoor-bar-service-citing-infections-in-other-states/

16. https://www.detroitnews.com/story/news/local/michigan/2020/06/24/whitmer-were-not-position-move-into-next-virus-recovery-phase/3247863001/

17. https://elkodaily.com/news/state-and-regional/sisolak-nevada-reopening-on-pause-following-uptick-in-cases/article_9bb91f8d-2dea-5def-9f46-d3f9e1690c39.html

18. https://www.npr.org/sections/coronavirus-live-updates/2020/06/29/884990598/new-jersey-puts-indoor-dining-on-pause-indefinitely-because-of-coronavirus

19. https://www.nytimes.com/2020/07/01/nyregion/indoor-dining-coronavirus-nyc.html

20. https://www.lcsun-news.com/story/news/2020/06/25/update-coronavirus-new-mexico-governor-michelle-lujan-grisham-conference/3258020001/

21. https://www.usnews.com/news/national-news/articles/2020-06-24/north-carolina-pauses-reopening-plans-requires-masks-in-public-as-coronavirus-cases-surge

22. https://www.marketwatch.com/story/utah-and-oregon-put-reopening-of-economies-on-hold-amid-spike-in-coronavirus-cases-but-texas-arkansas-and-arizona-press-on-despite-warning-signs-2020-06-13

23. https://www.apr.org/post/texas-governor-hits-pause-further-reopening-amid-covid-19-surge

[24] https://www.marketwatch.com/story/utah-and-oregon-put-reopening-of-economies-on-hold-amid-spike-in-coronavirus-cases-but-texas-arkansas-and-arizona-press-on-despite-warning-signs-2020-06-13

25. https://www.king5.com/article/news/health/coronavirus/some-states-re-up-virus-restrictions-wa-hoping-to-avoid-similar-measures/281-578290c7-71a3-4c5f-862e-9a26d8ca8550

26. https://www.governor.ny.gov/news/no-205-quarantine-restrictions-travelers-arriving-new-york, https://covid19.nj.gov/faqs/nj-information/general-public/can-i-travel-to-new-jersey-if-im-a-resident-can-i-travel-out-of-state-are-airports-bridges-and-tunnels-open, and https://portal.ct.gov/Coronavirus/Covid-19-Knowledge-Base/Travel-In-or-Out-of-CT

27. https://www.governor.ny.gov/news/no-205-quarantine-restrictions-travelers-arriving-new-york

28. https://www.cnn.com/2020/06/24/us/new-york-coronavirus-travel-restriction/index.html

29. https://abc7ny.com/new-jersey-quarantine-nj-states-yorkers-returning-home/6284542/

30. https://www.governor.ny.gov/news/no-205-quarantine-restrictions-travelers-arriving-new-york

 

This material is not comprehensive, is for informational purposes only, and is not legal advice. Your use or receipt of this material does not create an attorney-client relationship between us. If you require legal advice, you should consult an attorney regarding your particular circumstances. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This material may be “Attorney Advertising” under the ethics and professional rules of certain jurisdictions. For advertising purposes, St. Louis, Missouri, is designated BCLP’s principal office and Kathrine Dixon (kathrine.dixon@bclplaw.com) as the responsible attorney.