STATE AND BAY AREA MODIFICATIONS TO COVID-19 ORDERS

by Alexandra P. Saddik and Jonathan R. Babione

As local and state officials develop a greater understanding of how COVID-19 is spreading, the Bay Area shelter-in-place orders and California stay-at-home order are being modified. Below is a guide to navigating the updates to these orders:

State Stay-At-Home Order: California is now allowing indoor retail, outdoor dining, and places of worship to open, provided that social distancing procedures are implemented. Counties that complete the state attestation process (which is a process counties go through to certify they can reopen more quickly) may also allow dine-in restaurants, hair salons, and barber shops to open. Guidance for these sectors can be found at https://covid19.ca.gov/industry-guidance/ and https://covid19.ca.gov/roadmap-counties/.

Bay Area:  The united front that the Bay Area counties presented at the start of the shelter-in-place is starting to dissipate as different Bay Area counties start to go through the reopening process. However, none of the Bay Area counties have gone through the attestation process, and overall have been moving slower than the state in reopening. The prevailing rule is still that if the county and the state differ, the stricter of the two orders shall be followed. The below is a summary of the recent changes each county has made in its efforts to reopen.

Alameda County: Due to a recent uptick in cases, Alameda County has yet to modify the existing order. Further information can be found at http://www.acphd.org/2019-ncov.aspx.

Berkeley: The city of Berkeley also has yet to announce any further changes to their shelter-in-place order. Further information can be found at https://www.cityofberkeley.info/covid19/.

Contra Costa County: Effective June 3, 2020, Contra Costa County is allowing the opening of indoor retail, shopping malls, shopping centers, and swap meets, and limited services such as car washes, pet groomers, dog walkers, and businesses that provide services inside residences and community facilities where social distancing can be maintained. Additionally, Contra Costa is allowing office workspaces, outdoor museums and exhibit spaces, libraries, drive-in theaters, places of worship, and providers of religious services and cultural ceremonies to reopen. Childcare, summer camps, and other educational programs for children are now allowed for both essential and nonessential workers. Further information about the restrictions and limitations on reopening can be found at https://www.coronavirus.cchealth.org/health-orders.

Marin County: Marin County is allowing pet grooming, childcare establishments, summer camps, and sports camps, office space, seated outdoor dining, and curbside library pickup to reopen. Furthermore, Marin County has tentatively identified June 15, 2020, as the date that faith-based organizations and indoor retail can reopen with restrictions. Further information can be found at https://coronavirus.marinhhs.org/stay-home-order-effect-marin-county.

San Francisco: Childcare programs and summer camps for all children, outdoor curbside pickup and drop off for low contact retail services such as dog grooming, outdoor museums, historical sites and public gardens, outdoor recreation such as golf and tennis, dog parks, and outdoor activity equipment rental businesses are now allowed to operate under San Francisco’s new health order with restrictions. Additionally, San Francisco is running a pilot program to allow professional sports teams to practice. San Francisco has also issued a requirement for people to wear face coverings outside whenever they are within 30 feet of another person outside of their own household. Additional information about San Francisco’s health orders can be found at https://www.sfdph.org/dph/alerts/coronavirus-healthorders.asp. Information about the guidance San Francisco issued for businesses can be found at https://sf.gov/coronavirus-safety-essential-businesses.

San Mateo County: As of June 1, 2020, places of worship, indoor and outdoor pools, outdoor recreation areas, and outdoor shared recreation facilities may reopen. Further information about the limitations and restrictions on reopening these facilities can be found at https://www.smchealth.org/health-officer-statements-and-orders.

Santa Clara County: Effective June 5, 2020, outdoor dining, in-store retail, manufacturing, warehousing, and logistics, no-contact in-home services, low contact/no contact services, pet grooming and dog walking, outdoor ceremonies and religious gathering, outdoor swimming pools, drive-in theaters, and all childcare, summer camps, summer school or children’s recreational programs may reopen. Further information regarding how these businesses and programs can reopen can be found at https://www.sccgov.org/sites/covid19/Pages/public-health-orders.aspx#explained.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.