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What Governor’s “Stay Home” order means for business

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[2]
Elizabeth A. Rosso,
Jordan Ramis PC [3]
A Lake Oswego, Bend, Vancouver Law Firm

On March 23, 2020, Governor Kate Brown issued Executive Order No. 20-12, “Stay Home, Save Lives.” The Order is effective immediately and remains in effect until terminated by the Governor. While the Order does not require the shuttering of retail establishments providing food, grocery, health care, medical, pharmacy, or pet store services, it has wide applicability and will affect retail businesses, non-profits, and individuals. Failure to comply is a Class C misdemeanor. Retail establishments, businesses, and non-profits that do not comply will be closed until they can demonstrate compliance.

Required closures and exceptions

Operation of the following businesses “for which close personal contact is difficult or impossible to avoid” is prohibited effective 12:01 A.M. on March 24, 2020:
“Amusement parks; aquariums; arcades; art galleries (to the extent that they are open without appointment); barber shops and hair salons; bowling alleys; cosmetic stores; dance studios; esthetician practices; fraternal organization facilities; furniture stores; gyms and fitness studios (including climbing gyms); hookah bars; indoor and outdoor malls (i.e., all portions of a retail complex containing stores and restaurants in a single area); indoor party places (including jumping gyms and laser tag); jewelry shops and boutiques (unless they provide goods exclusively through pick-up or delivery service); 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; and youth clubs.”

The Order does not require closure of “restaurants, bars, taverns, brew pubs, wine bars, cafes, food courts, coffee shops, or other similar establishments that offer food or drink, which remain subject to Executive Order No. 20-07 (prohibiting on-premises consumption of food or drink, but allowing take-out or delivery service).”
All other retail businesses must close unless they designate “an employee or officer to establish, implement, and enforce social distancing policies, consistent with guidance from the Oregon Health Authority.”

Workplace restrictions

In addition to the requirements above, effective March 25, 2020, “all businesses and non-profit entities with offices in Oregon shall facilitate telework and work-at-home by employees, to the maximum extent possible. Work in offices is prohibited whenever telework and work-at-home options are available, in light of position duties, availability of teleworking equipment, and network adequacy.” If telework is not available, workplaces must designate an employee or officer to establish, implement, and enforce social distancing policies.

Application to individuals

Effective immediately, individuals are directed to minimize travel, other than for certain enumerated exceptions, including but not limited to travel to or from a home, residence, or workplace; for obtaining or providing food, shelter, essential consumer needs, education, health care, or emergency services; and for the care of family members, household members, elderly persons, minors, dependents, persons with disabilities, or other vulnerable persons, pets or livestock.
Non-essential social and recreational gatherings outside of a home or place of residence are prohibited immediately, regardless of size, and also prohibits individuals from patronizing businesses that are required to close under the order. Non-contact outdoor recreational activities such as hiking are permitted so long as appropriate social distancing is maintained (i.e., six feet). Finally, individuals who must leave home must maintain a distance of at least six feet from any person who is not a member of their immediate household.

Additional Executive Orders from the Governor’s Office may be forthcoming as the situation develops. Additionally, local jurisdictions are considering their own Executive Orders, especially Portland and Multnomah County. We will endeavor to keep you advised as this very fluid situation develops. If you have questions or concerns, please feel free to contact Elizabeth Rosso at (503) 598-5537 or Peter Hicks at (541) 797-2079.

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