Minnesota Halts Phased Reopening as Cases Rise

Monday, November 23, 2020

On November 18, 2020, Minnesota Governor Tim Walz dialed again Minnesota’s phased reopening and ongoing loosening of COVID-19–associated restrictions by issuing Emergency Government Order (EO) 20-99, “Implementing a 4 Week Dial Again on Sure Actions to Sluggish the Unfold of COVID-19.” Government Order 20-99 is efficient from November 20, 2020, at 11:59 p.m., till December 18, 2020, at 11:59 p.m. Governor Walz could lengthen the chief order, which largely depends upon compliance and the accessible knowledge. Whereas not practically as restrictive as Governor Walz’s preliminary stay-at-home order, issued in March 2020, EO 20-99 nonetheless prohibits or restricts social gatherings and the operations of quite a lot of companies, together with in-person eating companies, indoor occasion and leisure venues, indoor sports activities amenities, and health institutions.

Particularly, the next kinds of companies are closed quickly pursuant to EO 20-99:

“[r]estaurants, meals courts, cafes, coffeehouses, bars, taverns, breweries, microbreweries, distilleries, brewer taprooms, micro distiller cocktail rooms, tasting rooms, wineries, cideries, clubhouses, eating golf equipment, tobacco product outlets, hookah bars, cigar bars, vaping lounges, and different [p]laces … providing meals, drinks (together with alcoholic drinks), or tobacco merchandise for on-premises consumption,” although these companies “are inspired to supply meals and beverage utilizing supply providers, window service, walk-up service, drive-through service, or drive-up service”;

“[p]ublic swimming pools”;

“[g]ymnasiums, health facilities, recreation facilities, indoor sports activities amenities, indoor climbing amenities … martial arts amenities, and dance and train studios,” besides that these companies are permitted to open to members of the general public for out of doors leisure actions (supplied that these companies comply with Minnesota’s steering for out of doors recreation), for licensed youngster care providers (supplied that these companies comply with the steering for faculties and youngster care applications), or for youth applications (supplied that these companies comply with the steering for youth and pupil applications);

“[v]enues offering indoor occasions and leisure reminiscent of theaters, cinemas, live performance halls, festivals, festivals, vendor festivals, museums, efficiency venues, stadiums, arcades, and bowling alleys”; and

“[v]enues offering out of doors occasions and leisure reminiscent of racetracks, paintball, go-karts, mini-golf, efficiency venues, festivals, festivals, vendor festivals, and amusement parks.”

As well as, EO 20-99 lists a lot of important necessities with respect to locations of public lodging and companies which will stay open:

“All work have to be performed in a way that adheres to Minnesota [Occupational Safety and Health Administration] Requirements and [Minnesota Department of Health] and [U.S. Centers for Disease Control and Prevention] Pointers, together with social distancing and hygiene practices.” Notably, EO 20-99 reaffirms that the Minnesota Division of Labor and Trade could concern citations, civil penalties, or closure orders for noncompliance.

Companies should proceed to develop and implement COVID-19 preparedness plans utilizing industry-specific public well being steering accessible on the Keep Secure Minnesota web site. All plans should “be certain that all staff who can earn a living from home proceed to take action”; have insurance policies and procedures (together with well being screenings) to make sure that sick staff keep dwelling; “set up social distancing insurance policies and procedures”; “set up hygiene and supply management insurance policies”; and “set up cleansing, disinfection, and air flow protocols.” Buyer-facing companies “should embrace extra [p]lan provisions to maintain the general public and staff secure” as properly, together with social distancing protocols and retailer occupancy limits. Every preparedness plan have to be signed by senior administration “affirming their dedication to implementing and following the [p]lan.”

“Every enterprise should be certain that coaching is supplied to staff on the contents of its [p]lan and required procedures.”

“Every enterprise should present its [p]lan, in writing, to all staff” and submit the preparedness plan at all the enterprise’s workplaces. The place bodily posting is impracticable, a enterprise could submit the preparedness plan electronically so long as it’s accessible to workers.

Companies additionally should implement publicity notification protocols “for figuring out and speaking with staff who could have been uncovered to an individual with COVID-19 signs or who has examined optimistic for COVID-19 whereas at work.”

Masks and face coverings are nonetheless required in sure settings pursuant to Government Order 20-81.

EO 20-99 additionally prohibits social gatherings between people who are usually not members of the identical family, even with social distancing. This prohibition doesn’t embrace exercise by staff or clients, and lots of enterprise are permitted to stay open (apart from the enumerated companies mentioned above), so long as the companies comply with the necessities and limitations within the order as mentioned b (e.g., creating and implementing preparedness plans). The prohibition on gatherings additionally doesn’t embrace academic and care providers for youngsters and youth or gatherings of individuals in well being care amenities and residential therapy amenities (supplied that the aforementioned entities comply with relevant state and federal steering).

Any occasion venues that “supply gathering house for marriage ceremony providers, funeral providers, or different deliberate providers reminiscent of worship, rituals, prayer conferences or scripture research,” are allowed to host such occasions so long as they guarantee 6 toes of bodily separation between households, don’t exceed 50 % occupancy, don’t exceed 250 folks (each in indoor and out of doors settings), and develop COVID-19 preparedness plans. However these restrictions, such venues, locations of worship, and funeral houses are “strongly inspired to supply digital alternate options.” People, venues, and companies could not, nevertheless, host “celebrations, receptions, personal events, or different social gatherings, together with however not restricted to these linked to weddings, funerals, life milestones (reminiscent of birthdays or retirements), household reunions, deliberate spiritual providers, and different comparable events.”

EO 20-99 additionally comprises a journey advisory for “[p]ersons arriving in Minnesota from different states or international locations, together with returning Minnesota residents.” Whereas the advisory encourages (reasonably than mandates) such individuals to “observe self-quarantine for 14 days after arrival,” the advice doesn’t apply to people who should cross state or nation borders for work functions.

EO 20-99 additionally has an enforcement provision with pretty strong penalties. Whereas Governor Walz acknowledged within the order that he “urge[d] all Minnesotans to voluntary comply” with the order’s necessities, a person who willfully violates the order could also be discovered responsible of a misdemeanor and punished by a high quality as much as $1,000 or by imprisonment for as much as 90 days. Additional, EO 20-99 offers that “enterprise proprietor[s], supervisor[s], or supervisor[s] who require[] or encourage[] any of their workers … to violate” the chief order could also be “responsible of a gross misdemeanor and … punished by a high quality to not exceed $3,000 or by imprisonment for no more than a 12 months.” Lastly, the enforcement provision permits the Minnesota legal professional normal, in addition to metropolis and county attorneys, to research and search civil reduction, together with however not restricted to injunctive reduction, civil penalties (as much as $25,000 per prevalence), prices of investigation, cheap attorneys’ charges and prices, and different equitable reduction.