Stay at Home, Louisiana: Certain Nonessential Businesses Temporarily Closed

As noted above, all individuals in Louisiana are under a general stay-at-home order unless they are performing an “essential activity.” While the Order does not particularly define an essential activity, it does provide an expansive list of activities that are deemed essential:

(a) obtaining food, medicine and other similar goods;

(b) obtaining non-elective medical care and treatment, as well as vital services;

(c) going to and from the home of a family member;

(d) going to and from an individuals’ place of worship;

(e) engaging in outdoor activity (provided a distance of six feet is maintained from others); and

(f) going to and from a person’s workplace to perform a job function described in (a) and (b), or as otherwise deemed “essential worker functions” under the Cybersecurity and Infrastructure Security Agency (CISA) guidance.

Prohibition on Gatherings Over 10 People
The Order amends a March 16th Order, which prohibited gatherings of 50 people or more, and bans gatherings of more than 10 people where individuals will be “in close proximity to one another.” However, this prohibition does not apply to certain key locations, such as airports, medical facilities, factories and grocery stores, which typically have larger gatherings of people.

Essential Businesses
Under the Order, essential businesses are allowed to remain operating. What constitutes an “essential business” under the order is based on the Department of Homeland Security’s CISA guidance, which provides an advisory list of “essential critical infrastructure workforce.” This list identified essential workers across 14 industry sectors: (1) health care/public health; (2) law enforcement, public safety, and first responders; (3) food and agricultural; (4) energy; (5) water and wastewater; (6) transportation and logistics; (7) public works and infrastructure support services; (8) communications and information technology; (9) other community -or government-based and operation and essential functions; (10) critical manufacturing; (11) hazardous materials; (12) financial services; (13) chemicals; and (14) defense industrial base.

The CISA guidance was initially issued on March 19, 2020, and updated on March 28, 2020, to reflect input received from DHS in the interim. The updated CISA guidance includes three more industry sectors: commercial facilities; residential/shelter facilities and services; and hygiene products and services, totaling 17 industry sectors. The updated CISA guidance expands on the types of workers enumerated under each industry sector. For example, the energy sector broadened designations for many support services, such as the manufacturing and distribution of equipment, supplies and parts necessary to maintain production. The full CISA guidance may be found here.

Essential businesses pursuant to the CISA guidance are not required to reduce their operations and can continue to have contact with members of the public. Further, the 10-person limitation on gathering size does not apply to essential businesses.

Certain Nonessential Businesses Temporarily Closed
Under the March 16 Order, certain businesses—including casinos, movie theaters and bars, among others—were determined to present “unacceptable health risks,” and ordered to cease operations. The current Order expands restrictions by temporarily banning the following nonessential businesses: (1) places of public amusement (e.g., amusement parks, zoos, museums); (2) personal care and grooming (e.g. barber and beauty shops); and (3) malls (unless it has a direct outdoor entrance and exit and provides essential services and products as provided by CISA guidelines). While these nonessential businesses remain temporarily closed to members of the public, “necessary activities” (e.g., payroll, cleaning services, and maintenance/upkeep) are allowed. In the April 2 Order, the list of businesses deemed “nonessential” was not augmented or otherwise modified.

For all other businesses that remain open, but not considered “essential” per the CISA guidance described above, must reduce operations to continue with minimum contact with members of the public and essential employees, while requiring proper social distancing, adhering to the 10-person limitation on gathering size.

Enforcement
While many states have included in their stay at home orders different civil and/or criminal penalties for noncompliance, the Louisiana Order does not provide any particular details on enforcement. However, in light of the widespread COVID-19 infections across Louisiana, Gov. Edwards has recently urged better compliance with the Order. Whether he will announce any new enforcement measures is still unclear.  

For more information, please reach out to your regular Pillsbury contact or the authors of this client alert.

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