Governor Kate Brown joined nearly a dozen other governors today by issuing a sweeping order (Executive Order 20-12) that essentially requires people to stay home except for essential travel, such as to the grocery store or for medical needs. Violation of the Order is a Class C misdemeanor, which carries a maximum penalty of 30 days in jail and/or a fine of $1,250.

The following types of business must close, effective midnight tonight:

Amusement parks  Arcades Art galleries Barber shops/hair salons
Bowling alleys Cosmetic stores Dance studios Esthetician practices
Fraternal organization facilities Furniture stores Gyms and fitness studios Hookah bars
Indoor and outdoor malls Indoor party places Jewelry shops and boutiques (drive through and pickup excluded) Medical spas, facial spas, day spas and non-medical massage therapy services
Museums Nail and tanning salons Non-tribal card rooms Skating rinks
Senior activity centers Ski resorts Social and private clubs Tattoo/piercing parlors
Tennis clubs Theaters Yoga studios Youth clubs

The Governor's order does not change her previous order (Executive Order 20-07) with respect to restaurants, bars, and other establishments that serve food and drink, which Order prohibits on-premises consumption of food or drink but allows take-out or delivery services.

Unless on the mandatory closure list described above, other workplaces may remain open, but they must facilitate telework and work from home "to the maximum extent possible." Work in offices is prohibited whenever telework is available. If such telework is not possible, the business must designate an employee or officer to establish, implement and enforce social distancing policies. Failure to comply will result in closure of the business.

These requirements do not apply to grocery stores, health care, medical or pharmacy services, although the order encourages those businesses to practice social distancing.

Childcare Facilities

Executive Order 20-12 allows childcare facilities to remain open if they meet certain requirements. The facility is limited to 10 or fewer "stable groups" of children per classroom. "Stable" means the same 10 or fewer children in the same group each day. The classroom cannot be accessed by children outside the stable group.

Moreover, childcare providers must prioritize childcare needs of first responders, emergency workers, and health care professionals, followed by critical operations staff and essential personnel.

Outdoor Activities

Governor Brown's order specifically allows people to be outside for walking or hiking but any outdoor activity that cannot be done while maintaining social distancing (i.e. basketball) is prohibited. Parks may remain open if social distancing can be maintained and signage about social distancing must be prominently displayed.

Campgrounds, pools, places with outdoor play equipment, skate parks and sports courts are all closed. Further, all non-essential social or recreational gatherings outside a home are prohibited regardless of size if a distance of 6 feet cannot be maintained.

The facts, laws, and regulations regarding COVID-19 are developing rapidly. Since the date of publication, there may be new or additional information not referenced in this advisory. Please consult with your legal counsel for guidance.

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