Alabama Issues Statewide Stay-at-Home Order

The amended order came into effect at 5:00 pm on April 4, and requires all residents to stay at home except as required to perform “essential activities,” which include obtaining necessary supplies, obtaining or providing necessary services, attending religious services, taking care of others, working at “Essential Businesses and Operations,” engaging in outdoor activities, taking shelter, travelling as required by law, and seeing family members.  

The order defines Essential Business and Operations quite broadly in comparison with orders of other jurisdictions. In Alabama, this category includes:

• Government operations
• Health care providers and caregivers
• Infrastructure operations
• Manufacturing facilities
• Agricultural operations and farms
• Essential retailers furnishing a variety of consumer goods and services
• Restaurants and bars (though as of March 19 on-premises consumption of food or drink are banned)
• Media operations
• Education operations principally for remote learning
• Financial services
• Professional services
• Essential public services
• Military or defense operations
• Essential services or product providers
• Religious entities for remote or drive-in services for groups of 10 or more persons
• The full range of “Federally designated Critical Infrastructure Workforce” as defined by the Cybersecurity and Infrastructure Security Agency (CISA) of the U.S. Department of Homeland Security, a definition that overlaps with some but not all of the Alabama specific categories.(See Pillsbury’s Florida client alert for an overview of the March 28 version of the CISA definition or this advisory memorandum posted by CISA.)
• Other essential businesses and operations designated by the state from time to time
• Support operations for the foregoing essential businesses and operations

Essential businesses and operations must take reasonable steps, for employees and customers, to avoid gatherings of 10 persons or more and maintain a consistent six-foot distance between persons. Essential retailers are further mandated to limit occupancy to 50% of the normal occupancy and follow social distancing and sanitation rules.  

Note that a business may continue to operate through curbside pickup, delivery, remotely, or any other method that does not involve a customer entering its building, so long as it takes all reasonable steps to ensure a consistent six-foot distance between persons.

Since March 28, entertainment venues, athletic facilities and close-contact services have been closed to non-employees or are not taking place, and all non-work-related gatherings of 10 persons or more, or non-work-related gatherings of any size that cannot maintain a consistent six-foot distance between persons have been prohibited. Beaches and other public facilities have also been closed.

Any person who has tested positive for COVID-19 must quarantine at his or her place of residence for a period of 14 days after receiving positive test results and may not leave except to seek necessary medical treatment.

The amended Order will remain in effect until 5:00 pm April 30, 2020, and may be extended or relaxed prior to such date. It supersedes and preempts all orders previously issued by the State Health Officer and Jefferson and Mobile County Health Officers concerning COVID-19 mitigation measures, and further preempts any county and municipal orders or ordinances, that purport to impose less stringent COVID-19-related curfew or quarantine measures. As in other states, the State Health Officer may issue interpretations and applications of the order, and a frequently asked questions (FAQ) page or amended orders may be posted online; those online sources should be checked for updates.

In addition to the amended order, on April 3, Governor Kay Ivey issued a Proclamation directing law enforcement to cease enforcement of any order that would result in the displacement of a person from his or her place of residence, effectively suspending residential eviction and foreclosures. The Proclamation does not affect or relieve an individual’s obligations to pay rent, make mortgage payments or comply with any other obligation under its rental agreement or mortgage.

In this ever-changing legal landscape, it is imperative that businesses remain apprised of the state orders and programs addressing both the public health and economic impacts of the COVID-19 pandemic. For more information, please reach out to your regular Pillsbury contact or the authors of this alert.

Pillsbury’s experienced crisis management professionals are closely monitoring the global threat of COVID-19, drawing on the firm’s capabilities in supply chain management, insurance law, cybersecurity, employment law, corporate law and other areas to provide critical guidance to clients in an urgent and quickly evolving situation. For more thought leadership on this rapidly developing topic, please visit our COVID-19 (Coronavirus) Resource Center.