Takeaways

Tennessee is the latest state to issue a restrictive stay-home order, going into effect on April 2.
In effect through April 14, the order directs everyone in Tennessee to stay at home unless conducting essential activities or services.
Law enforcement has been instructed to enforce the order in a manner they see fit, after giving reasonable notice and opportunity for residents and businesses to comply.

In response to the outbreak of COVID-19, Tennessee Governor Bill Lee issued a stay-home order on Thursday evening. The order amends earlier executive orders that had enacted less strict restrictions on travel in Tennessee.

Executive Order 23 states, “Because staying at home as much as possible for a temporary period of time will protect the health and safety of Tennesseans by limiting the spread of COVID-19 and preserving health care resources, all persons in Tennessee are required to stay at home, except for when engaging in Essential Activity or Essential Services.” While previous executive orders had allowed businesses to continue operating drive-thru and take-out services, the new order now allows only essential activities to continue and bans all discretionary and nonessential travel.

Slated to remain in effect through April 14, 2020, Gov. Lee stated that the decision to enact the stricter “safer at home” order was based on data from cell phone mobility and traffic patterns showing an upward trend in overall movement throughout the state.

Exempted essential activities were identified in Executive Order 22 and include:

  • Engaging in activities essential to a person’s health—including obtaining medical supplies and non-elective medical care;
  • Obtaining necessary services or supplies, such as groceries and food and household consumer products;
  • Providing, facilitating or receiving delivery orders, or curbside pickup or orders;
  • Engaging in outdoor activities, provided that necessary social distancing precautions are taken;
  • Caring for or visiting family members, provided necessary precautions are taken; and
  • Visiting places of worship.

All critical infrastructure, government entities and businesses are operating and continue to provide essential services.

Executive Order 22, which remains largely in effect following Executive Order 23’s amendment to the stay-at-home provision, also restricts discretionary travel. The order limits travel in Tennessee to:  

  • Travel related to an essential activity or related to performing essential services;
  • Travel to care for the elderly, minors, dependents, persons with disabilities, or other vulnerable persons;
  • Travel to or from educational institutions for purposes of receiving materials for distance learning, for receiving meals, and any other related services;
  • Travel to and from outside of the State of Tennessee; or
  • Travel required by law, law enforcement or court order, including transport of children pursuant to a custody agreement.

In identifying essential activities and services, Tennessee has elected to follow the guidance of the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) on identification of essential critical infrastructure workers. This includes health care workers, law enforcement, first responders, food and agricultural workers, energy sector workers, water and wastewater workers, transportation industry workers, public works workers, communications and information technology workers, workers in critical manufacturing and jobs involving hazardous materials, as well as selected other community-based and governmental functions. The full CISA guidance may be found here.

Executive Order 22 further identifies health care and public health operations, human services operations, religious organizations, essential infrastructure operations, food and medicine stores and producers, social services, media, gas stations, financial institutions, hardware stores, laundry services, home care services, and transportation services, among many others, as providing exempted essential services permitted to continue operation during the stay-home period. The order also permits operation of any businesses that have 10 or fewer persons on premises at all times, including both employees and customers, as well as performing minimum necessary activities to maintain any businesses or organization, regardless of whether the business is otherwise classified as essential.

At the time of the order, Tennessee has over 3,000 confirmed COVID-19 cases. As part of the announcement of the order, Gov. Lee stated “The month of April stands to be an extremely tough time for our state as we face the potential for a surge in COVID-19 cases. ... Every Tennessean must take this seriously, remain at home and ensure we save lives.”

Gov. Lee wrote separately to direct law enforcement to enforce the order. In a letter to sheriffs, police chiefs and district attorneys general throughout Tennessee, the governor directed them to “utilize sound judgement, restraint, and discretion to first educate and warn your local businesses and establishments in order to provide them all reasonable opportunity to comply. Enforcement measures should be used as a last and final option only if they become necessary due to a refusal to voluntarily comply after all other reasonable means have been exhausted.”


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.

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