Alert
Alert
By Brian E. Finch,
03.25.20
On March 23, 2020, Maryland Governor Larry Hogan mandated the closure of all nonessential businesses by executive order effective as of March 23, 2020 at 5 p.m. A person who knowingly or willfully violates the order may be subject to imprisonment of up to one year or a fine of up to $5,000, or both. As with the governor’s prior executive orders prohibiting large gatherings and directing business closures in response to COVID-19, the March 23 order suspends any statute, rule, or regulation of a state agency or political subdivision that is inconsistent with the order.
Businesses That Have Been Ordered to Close
The March 23 order restates and amends prior orders by mandating the closure of all nonessential businesses to the general public effective as of 5 p.m. on March 23, 2020. In addition, the order expands the list of closed recreational establishments (i.e., public and private golf clubs and social clubs) and directs the closure of additional miscellaneous establishments, including tattoo parlors, tanning salons, barber shops and beauty salons. Note while businesses must be closed to the general public, staff access is permitted for purposes specified in interpretive guidance No. COVID19-06 (i.e., maintaining essential property).
Previously, Gov. Hogan had issued executive orders that prohibited gatherings of more than 10 people and mandated the closure of senior citizen activities centers, restaurants and bars (except for carry-out, drive-through, or delivery services), fitness centers, theaters, enclosed malls, and certain recreational establishments.
Businesses That May Remain Open
Concurrent with the March 23 order, the governor’s office issued interpretive guidance No. COVID19-04, interpretive guidance No. COVID19-05, and interpretive guidance No. COVID19-06 further detailing the businesses that may remain open.
All businesses, organizations and facilities that operate in critical infrastructure sectors as identified by the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security are not required to close. For more information on the federal critical infrastructure sectors, please see the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security website.
Per interpretive guidance COVID19-04, such sectors include:
Per interpretive guidance COVID19-05, the list of businesses, organizations and facilities operating in federal critical infrastructure sectors also includes, among other entities, businesses that are involved in the research and development pharmaceuticals and medical devices; private security firms; day cares (subject to the measures taken by the State Superintendent of Schools); title companies; and engineering and architectural firms.
Per interpretive guidance COVID19-06, greenhouses and nurseries, companies that provide waste management services, and residential cleaning services are not required to close.
In addition, the March 23 order specifically allows the following to remain open:
Whether a Business Is “Nonessential”
As indicated in the interpretive guidance, the list of businesses that may remain open is non-exhaustive. As such, if the nonessential status of a business is unclear, interpretive guidance COVID19-06 specifies that the status of the business should be based on the following:
Should a business remain open, it is required to adhere to applicable guidance from the CDC, MDH and OSHA regarding social-distancing and environmental cleaning and disinfection.
Although the interpretive guidance explicitly states that this is “not a shelter-in-place order,” it urges Marylanders to remain at home and urges employers to promote work-from-home work arrangements. Gov. Hogan has also reiterated that Marylanders should stay at home except for essential reasons. The order remains in effect until the state of emergency has been lifted unless it is rescinded, superseded, amended or revised.
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