Takeaways

Gov. Baker orders all businesses other than “COVID-19 Essential Services” to close until April 7, 2020, via emergency order.
The Order also prohibits gatherings of more than 10 people, except for in unenclosed, outdoor spaces.
Gov. Baker separately also directed the Department of Public Health to issue a stay-at-home advisory for two weeks, especially for at-risk residents.

Following his earlier declaration of a state of emergency, on March 23, 2020, Massachusetts Governor Charlie Baker issued an emergency order instructing all businesses and organizations in the Commonwealth that do not provide “COVID-19 Essential Services” to close their physical locations. The emergency closure went into effect at 12:00pm on March 24, 2020 and remains in place until 12:00pm on April 7, 2020. To slow the alarming spread of the novel Coronavirus (COVID-19), Order No. 13 further restricts movement within the community by prohibiting indoor gatherings of more than ten people. In tandem, Governor Baker also directed the Department of Public Health (DPH) to issue a “stay-at-home” advisory.

COVID-19 Essential Services

Order No. 13 designates a list of businesses as “COVID-19 Essential Services.” Gov. Baker’s administration built the list using guidance issued by the Federal Cybersecurity and Infrastructure Security Agency and by examining the specific needs of Massachusetts’ economy. These “essential” businesses are urged to continue physical operations while complying with social distancing and other guidance from DPH. Included are categories such as health care, public health, human services, law enforcement, public safety, first responders, food and agriculture, energy, waste and wastewater, transportation and logistics, public works, communications and information technology, critical manufacturing, hazardous materials, financial services, chemical, and defense industrial base.

Notably, places of worship and restaurants, bars, and other retail establishments that sell food and beverages are designated as providing COVID-19 Essential Services, but they still must follow social distancing protocols and additional restrictions. Places of worship are subject to the prohibition on gatherings of more than 10 people, and restaurants are permitted to offer take-out and delivery only; no on-premises consumption is permitted.

In addition, the order directs the Commissioner of Public Health to issue guidance to carry out Order No. 13. Specifically, the guidance shall include a requirement that grocery stores make “limited access hours” available exclusively for elderly and other at-risk populations to shop.

Businesses that are not designated as providing COVID-19 essential services are encouraged to continue operations remotely until it is safe to open physical locations to workers, customers and the public.

Prohibition on Gatherings Over 10 People

The Order replaces the March 15, 2020 Order which prohibited gatherings of more than 25 people, and now prohibits gatherings of more than 10 people. Exempted from this prohibition are gatherings related to providing COVID-19 Essential Services and gatherings in unenclosed, outdoor spaces, “such as a park, athletic field, or parking lot.” However, activities that bring participants into close, physical contact are prohibited regardless of how many people are involved or where they are conducted.

COVID-19 Order No. 13 Exemptions and Enforcement

Order No. 13 does not apply to

  • Any municipal legislative body, the General Court, and the Judiciary
  • Residential schools for special needs students
  • Public and private K-12 schools (subject instead to the March 15, 2020, Order suspending all in-person instruction)
  • Childcare programs (subject instead to the March 18, 2020, Order closing all programs and authorizing creation and operation of emergency programs)

 The Order gives DPH enforcement authority for Order No. 13 with assistance from State or municipal police if necessary. Violations of Order No. 13 itself or subsequently released DPH guidance is subject to a criminal penalty or a civil fine of up to $300 per violation.

 Gov. Baker specifically states that Order No. 13 supersedes any orders or rules issued by municipalities that threaten to impede or interfere with Order No. 13’s objectives. Also, with respect to work and travel in particular, Order No. 13 specifically supersedes and makes inoperative any order or rule that threatens to interfere with (1) maintaining operations of COVID-19 Essential Services or (2) the free travel within the Commonwealth of any person in connection to providing COVID-19 Essential Services.

(1) “the continued operation of COVID-19 Essential Services;” or (2) “the free travel anywhere within the Commonwealth of any person who is a member of any COVID-19 Essential Workforce where such travel is made in connection with the ongoing operation of COVID-19 Essential Services.”

Stay-at-Home Advisory

In addition to Order N. 13, Governor Baker directed DPH to clarify self-isolation and social distancing recommendations and issue a sweeping “stay-at-home” advisory. Massachusetts residents are encouraged to stay at home and avoid nonessential activities and travel for two weeks. Further, high risk individuals—those with underlying conditions and/or with preexisting health conditions—are advised to limit social interaction as much as possible.


The rapidly changing legal environment resulting from the COVID-19 emergency is dramatically altering business operations in Massachusetts and around the country and we are available to answer questions. 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 resources page.

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