UPDATE: Continuing Business Operations Under More Statewide “Shelter in Place” and “Stay at Home” Orders


UPDATE: Continuing Business Operations Under More Statewide “Shelter in Place” and “Stay at Home” Orders

Alert |
Rebecka Manis

Since last week when we wrote about the “shelter in place” and “stay at home” orders issued in California, New York, and Illinois, many more states have issued similar orders. The general discussion from our prior alert still applies, but below is an up-to-date list of the states that have adopted the stay-at-home approach to fighting the spread of COVID-19.

Note that for states not on the list yet (and even for some that are, such as California), municipalities have also taken it upon themselves to enact and enforce similar orders and ordinances. In light of this, it is important to review both state and local orders when determining whether your business can stay open and operational. Additionally, when a state order and a local order appear to conflict, the analysis of which one wins out needs to be made on a state-by-state basis. It is also important to keep current on any updates from the jurisdictions that affect your business, since some states (e.g., Connecticut) have issued subsequent orders that clarify how the original order applies to certain businesses.

States with “Stay at Home,” “Shelter in Place,” or Similarly Restrictive Orders

Many of these orders reference the guidance offered by the U.S. Department of Homeland Security as well.

Businesses may also be affected by orders not included on this list. Most states have numerous orders, directives, and/or proclamations that are not “stay at home” or “shelter in place” but still restrict business operations. Most often these other restrictive measures apply to places of congregation, like bars, gyms, and restaurants. Under such orders, these businesses may be required to cease operations altogether, if not simply adhering to the latest guidance from the Centers for Disease Control and Prevention.

If you have any questions regarding the applicability any of these recent orders issued by your state or municipality, or any other developments related to coronavirus, please do not hesitate to reach out to your Schiff Hardin contact.