New COVID-19 Shutdown Orders in California

TALG continues to monitor COVID-19 shutdown orders for its clients in California.  On December 3, 2020, Governor Gavin Newsom introduced a new regional framework for combating the coronavirus (“CA Framework”).  The CA Framework divides the state into five regions, and if the intensive care unit capacity in a region drops below 15%, it must comply with a new stay-at-home order.  The five regions are:

• Northern California – consisting of the following counties: Del Norte, Glenn, Humboldt, Lake, Lassen, Mendocino, Modoc, Shasta, Siskiyou, Tehama, Trinity
• Bay Area: Alameda, Contra Costa, Marin, Monterey, Napa, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, Sonoma counties
• Greater Sacramento: Alpine, Amador, Butte, Colusa, El Dorado, Nevada, Placer, Plumas, Sacramento, Sierra, Sutter, Yolo, Yuba
• San Joaquin Valley: Calaveras, Fresno, Kern, Kings, Madera, Mariposa, Merced, San Benito, San Joaquin, Stanislaus, Tulare, Tuolumne; and
• Southern California: Imperial, Inyo, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura counties.

Projections show that all counties are on track to move into a shutdown phase in December, and some regions may do so in the coming days.  Regions that must implement the stay-at-home order requirement will be under the lockdown for three weeks, and the following sectors must close in regions under the order:

• Indoor and outdoor playgrounds
• Indoor recreational facilities
• Hair salons and barbershops
• Personal care services
• Museums, zoos, and aquariums
• Movie theaters
• Wineries
• Bars, breweries and distilleries
• Family entertainment centers
• Cardrooms and satellite wagering
• Limited services
• Live audience sports
• Amusement parks

What can remain open includes the following:

• Outdoor recreational facilities (without any food, drink or alcohol sales; overnight stays at campgrounds not permitted).
• Retail: Indoor operation allowed at 20% capacity with no eating or drinking in the stores.  Special hours to be instituted for seniors and others with chronic conditions/compromised immune systems.
• Shopping centers: Indoor operation allowed at 20% capacity and no eating or drinking in the stores.  Special hours for seniors and those with chronic conditions/compromised immune systems.
• Hotels and lodging: Allowed to open for critical infrastructure support only.
• Restaurants: Permitted only for take-out or pick-up.
• Offices: Remote only except for critical infrastructure sectors where remote working is not possible.
• Places of worship: Outdoor services only.
• Entertainment production including professional sports: Permitted without live audiences. Additionally, testing protocol and “bubbles” are highly encouraged.

The CA Framework doesn’t impact existing state guidance regarding schools and critical infrastructure, non-urgent medical and dental care and childcare can remain open when remote option isn’t possible. TALG works with its clients on a daily basis to plan for and mitigate where possible the effects of shutdown orders on their businesses.