Virginia Update: Governor Loosens Pandemic Restrictions, Except In Northern Virginia, Richmond City, And Accomack County

Published date22 May 2020
AuthorMs Betty Graumlich, Mark J. Passero and Noah S. Oberlander
Subject MatterCoronavirus (COVID-19), Government Measures, Reporting and Compliance
Law FirmReed Smith

On May 8, 2020, Virginia Governor Ralph Northam issued Executive Order 61 outlining Phase One of the commonwealth's plan to gradually ease temporary public health and business restrictions related to COVID-19, effective May 15, 2020, through at least June 10, 2020. Since issuing Executive Order 61, however, Governor Northam issued Executive Order 62 delaying this reopening for the following jurisdictions through at least May 28, 2020: the counties of Arlington, Fairfax, Loudoun, and Prince William, the cities of Alexandria, Fairfax, Falls Church, Manassas, Manassas Park, and the Towns of Dumfries, Herndon, Leesburg, and Vienna. The order stated that the Northern Virginia region has about a 25-percent rate of positive tests for COVID-19, while the rest of the commonwealth is closer to 10 percent. In addition, just hours before reopening was set to take effect, Governor Northam amended Executive Order 62 to also exclude the City of Richmond and the County of Accomack from the May 15 reopening.

The Executive Orders outline the following Phase One requirements for Virginia (except for the excluded counties):

All businesses

All businesses should comply with Governor Northam's published Guidelines for All Business Sectors and any sector-specific guidance detailing social distancing and operational best practices.

Retail businesses

Essential retail businesses may continue operating during normal business hours, but must provide face coverings to employees. Non-essential retail businesses may now operate at no more than 50 percent of their lowest certified occupancy and employees working in customer-facing areas must wear face coverings over their nose and mouth at all times. These businesses are also explicitly required to comply with Governor Northam's Guidelines for All Business Sectors and sector-specific guidance.

Restaurants and beverage establishments

Restaurants, dining establishments, food courts, breweries, microbreweries, distilleries, wineries, and tasting rooms may now operate outdoor dining and beverage services at no more than 50 percent of their lowest certified occupancy and may continue delivery and take-out services. In addition to the governor's Guidelines for All Business Sectors and sector-specific guidance, these businesses must comply with the following operational requirements:

  • Employees working in customer-facing areas must wear face coverings over their nose and mouth at all times.
  • No more than 10 patrons may be seated as a party.
  • ...

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