Virginia Ordered to Stay at Home Until June 10th

Nonessential Businesses Remain Closed
Order No. 55 extends the effective date of Gov. Northam’s previous Executive Order No. 53, and as a result, all nonessential businesses must now remain closed until June 10, 2020. However, “essential retail businesses,” as defined in Order No. 53, may continue to remain open during their normal business hours while adhering to social distancing recommendations and enhanced cleaning.

“Essential retail businesses” include brick-and-mortar locations of:

• Grocery stores, pharmacies, and other retailers that sell food and beverage products or pharmacy products, including dollar stores, and department stores with grocery or pharmacy operations;
• Medical, laboratory, and vision supply retailers;
• Electronic retailers that sell or service cell phones, computers, tablets, and other communications technology;
• Automotive parts, accessories, and tire retailers as well as automotive repair facilities;
• Home improvement, hardware, building material, and building supply retailers;
• Lawn and garden equipment retailers;
• Beer, wine, and liquor stores;
• Retail functions of gas stations and convenience stores;
• Retail located within healthcare facilities;
• Banks and other financial institutions with retail functions;
• Pet and feed stores;
• Printing and office supply stores; and
• Laundromats and dry cleaners.

Notably, Gov. Northam has only closed nonessential retail businesses with a brick-and-mortar location. According to guidance from the Virginia Department of Labor and Industry (DOLI), “Any business that is not explicitly set forth in the essential categories listed above should limit operations to 10 patrons or less with adequate social distancing.” The DOLI further states that “all other categories of business should utilize teleworking as much as possible. Where telework is not feasible, such businesses must adhere to social distancing recommendations, enhanced sanitizing practices on common surfaces, and other appropriate workplace guidance from state and federal authorities while in operation.” 

The DOLI COVID-19 Virginia Occupational Safety and Health (VOSH) Hazard Alert may also provide further guidance to businesses continuing operations.

According to the Virginia Department of Labor and Industry (DOLI), businesses impacted by COVID-19 can request to defer the payment of state sales tax due until April 20, 2020. The state’s Department of Taxation has also extended the due date for corporate income tax until June 1, 2020. However, interest will still accrue, so taxpayers are encouraged to pay by the original deadline if possible.

Statewide Stay-at-Home Order
Order No. 55 requires all individuals in Virginia to remain at their homes, except for the operation of “essential retail businesses” and the following limited exceptions.

Under Order No. 55, individuals may only leave their homes:

• To obtain food, beverages, goods, or services (outlined in Executive Order No. 53);
• To seek medical attention, essential social services, governmental services, assistance from law enforcement, or emergency services;
• To take care of other individuals, animals, or visit the home of a family member;
• For traveling required by court order or to facilitate child custody, visitation, or childcare;
• To engage in outdoor activity, including exercise, provided individuals comply with social distancing requirements;
• To travel to and from one’s residence, place of worship, or work;
• To travel to and from an educational institution;
• To volunteer with organizations that provide charitable or social services; and
• Due to a reasonable fear for health or safety, at the direction of law enforcement, or at the direction of another government agency.

Gatherings Over 10 People Remain Prohibited
Order No. 55 also extends the previous ban on public and private in-person gatherings of more than 10 people, both indoor and outdoor. Order No. 55 also adds institutions of higher education, which must stop all in-person classes and cancel all gatherings over 10 people. Such institutions may continue to operate to facilitate remote learning, perform critical research, and perform essential functions, but social distancing requirements must be maintained at all times.

The ban on gatherings over 10 people does not apply to:

1. Employment settings for operating “essential retail businesses”; or
2. The gathering of family members living in the same residence.

Campgrounds and Beaches Closed
Further, Order No. 55 closes private campgrounds for short-term stays (less than 14 nights) and closes public beaches statewide except for exercising and fishing.

Essential Services Will Continue
In addition to emphasizing that essential services listed in Order No. 53 will remain operative, Gov. Northam commits state agencies to protecting the health, safety and well-being of Virginians who are experiencing homelessness and unable to “stay at home.” Order No. 55 also commits to assisting Virginians in avoiding evictions and foreclosures.

Enforcement
Violations of Order No. 55 will be subject to a Class 1 misdemeanor.

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.