New COVID-19 Shutdown Orders in California

Business

by | Dec 4, 2020

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.

Author

  • Kevin Meade

    Kevin has represented hundreds of clients in all areas of litigation, focusing on complex litigation matters, including construction defect, insurance coverage, business disputes, class actions, and environmental or bodily injury claims.