Summary: On March 23, 2020, the Virginia Governor Ralph Northam issued Executive Order Fifty-Three, which orders the closure of certain non-essential businesses, bans all gatherings of more than 10 people, and closes all K-12 schools for the remainder of the school year. Governor Northam has also urged all Virginians to avoid non-essential travel outside the home.
What is an Essential Business?
The following retail businesses are considered essential and may remain open during normal business hours:
- Grocery stores, pharmacies, and other retailers that sell food and beverage products or pharmacy products, including dollar stores, and department stores with grocery or pharmacy operations;
- Medical, laboratory, and vision supply retailers;
- Electronic retailers that sell or service cell phones, computers, tablets, and other communications technology;
- Automotive parts, accessories, and tire retailers as well as automotive repair facilities;
- Home improvement, hardware, building material, and building supply retailers;
- Lawn and garden equipment retailers;
- Beer, wine, and liquor stores;
- Retail functions of gas stations and convenience stores;
- Retail located within healthcare facilities;
- Banks and other financial institutions with retail functions;
- Pet stores and feed stores;
- Printing and office supply stores; and
- Laundromats and dry cleaners.
Moreover, all brick and mortar retail businesses not listed above, have been instructed to limit all in-person shopping to no more than 10 patrons per establishment, adhere to social distancing recommendations, sanitize common surfaces, and apply relevant workplace guidance from state and federal authorities. If any such business cannot adhere to the 10-patron limit with proper social distancing requirements, it is instructed to close.
What Businesses Must Close?
The following recreation and entertainment businesses are considered non-essential and must close to the public beginning at 11:59 PM on Tuesday, March 24, 2020:
- Theaters, performing arts centers, concert venues, museums, and other indoor entertainment centers;
- Fitness centers, gymnasiums, recreation centers, indoor sports facilities, indoor exercise facilities;
- Beauty salons, barber shops, spas, massage parlors, tanning salons, tattoo shops, and any other location where personal care or personal grooming services are performed that would not allow compliance with social distancing guidelines to remain six feet apart;
- Racetracks and historic horse racing facilities;
- Bowling alleys, skating rinks, arcades, amusement parks, trampoline parks, fairs, arts and craft facilities, aquariums, zoos, escape rooms, indoor shooting ranges, public and private social clubs, and all other places of indoor public amusement.
Other Prohibitions
All dining and congregation areas in the following establishments must close to the public beginning at 11:59 PM on Tuesday, March 24, 2020. These establishments may continue to offer delivery and/or takeout services. Establishments include:
- Restaurants;
- Dining establishments;
- Food courts;
- Farmers markets;
- Breweries;
- Microbreweries;
- Distilleries;
- Wineries; and
- Tasting rooms.
Other Key Information
Executive Order Fifty-Three encourages all businesses to adhere to social distancing recommendations and further advises business operations offering professional, rather than retail services, to utilize teleworking as much as possible.
Businesses in violation of Virginia Executive Order Fifty-Three may be charged with a Class 1 misdemeanor.
Nothing in Executive Order Fifty-Three limits the provision of health care or medical services; access to essential services for low-income residents, such as food banks; the operations of the media; law enforcement agencies; or the operations of the government.
If you have any questions regarding this Alert, please contact the authors, B. Patrice Clair, pclair@fordharrison.com and Jacki Thompson, jthompson@fordharrison.com, Partners in our Washington, D.C. and Tysons Corners offices; and John Kruchko, jkruchko@fordharrison.com, Of Counsel in our Tysons Corner office. Of course, you may also contact the FordHarrison attorney with whom you usually work.
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