What can I do and not do under the shelter-in-place order?

What can I do and not do under the shelter-in-place order?

April 29, 2020

On April 29, 2020, Santa Clara County issued a revised Shelter-In-Place Order.  This Order loosens some of the prior restrictions, particularly in the area of outdoor activities.  To see all of the changes, we have made a “redline” document for your review here.  The blue indicates new material, and the red is language deleted from the prior order (also, some words appear in green, which represents material that has simply been moved). 

Here are some highlights of the changes from the prior order:

• The Order continues to restrict most activity, travel, government and business functions; however, in light of progress achieved in slowing the spread of COVID-19 in the area, the Order allows a limited number of additional Essential Businesses and certain lower risk Outdoor Businesses.

• An entirely new exception to sheltering in place is established, “Outdoor Activities.”

• These “Outdoor Activities” include the use of outdoor facilities that can be done with social distancing and without shared equipment, “including, but not limited to, golf courses, skate parks, and athletic fields” (protocols must be followed).

• If an activity would involve shared equipment, such as tennis or basketball, they do not qualify as a permitted activity; however, the provisions expressly closing tennis and basketball courts are gone (perhaps with the idea that these areas could be opened up for permitted Outdoor Activities if they do not become overly crowded).

• Face coverings are “strongly urged” in one section (but not mandatory).

• In contrast, under the “Social Distancing Requirements,” face coverings seem to be required “when out in public;” provided however, that this requirement is to be “consistent with the guidance of the Health Officer (and as of the date of this summary, the Health Officer is “strongly urging everyone in our community to wear face coverings,” which appears to fall short of an absolute requirement).

• For businesses allowed to operate, they must require face coverings for their patrons and employees working with the public, and anyone using public transit must use face coverings “to the greatest extent feasible.”

• All businesses that are permitted to operate under the Order must “distribute to their personnel a Social Distancing Protocol for each of their facilities.”

• Mixed businesses having both permitted and non-permitted components of their sales or activities “must, to the extent feasible, scale down their operations to essential Business and Outdoor Business components only,” except for retail businesses that may continue to stock and sell non-essential products

Please refer to the actual order in conforming your conduct to it (not the above summary, which is simply informational and not legal advice).

As it relates to our services, Rossi Domingue LLP does service clients that include Essential Businesses, and we have our entire staff working from home with limited visits to the office by designated personnel on staggered days.  To the extent possible, we will continue business as usual during this challenging time.

We wish you all safety and good health.