Governor Brown's Stay at Home Order

"Daffodils and cherry blossoms" by OregonDOT is licensed under CC BY 2.0

The Oregon Governor’s latest Coronavirus Executive Order was issued today (March 23, 2020).This order is fundamentally different than what has been done by Governors in other states. As discussed below, this is a good thing.

 Executive Order No 20-12

In other states, “shelter in place” orders have been issued closing all businesses. The state then decides what jobs and what businesses it deems to be essential and allows those people to keep working. For example, Washington Governor Inslee issued a blanket Executive Order (also issued March 23, 2020) requiring people to stay home “except as needed to maintain continuity of operations of essential critical infrastructure sectors.” The list of “critical infrastructure sectors” is 14 pages long.

Governor Brown focused instead on social distancing requirements. The only businesses closed were those where close personal contact cannot be avoided. Other businesses are required to facilitate employees working from home “to the maximum extent possible.”

She ordered businesses that continue to operate to implement work from home policies, to the extent possible. When businesses can’t do that, they are to implement social distancing measures.

At the business community's request, the Governor withdrew an earlier version that would have allowed the Oregon Health Authority to make decisions regarding all additional business closures. Business is continuing to work with the Governor’s office to get specificity as to what business functions must continue under any circumstances.

Stay at Home Request

The first part of the Order (paragraph 1) implores people to stay at home. This is stated as a request, not as an order. 

People are prohibited from attending nonessential social and recreational gatherings, regardless of size, if a distance of 6 feet between individuals cannot be maintained.

People are also prohibited from patronizing businesses ordered to be closed (discussed below).

People are reminded that when they leave their homes, they need to maintain a social distance of 6 feet from others.

Outside recreational activities are permitted so long as there is no contact with others (not part of your household) and the appropriate social distancing (6 feet) is maintained.

Businesses Ordered Closed

The second part of the Order (paragraphs 2 - 5) prohibits the operation of specifically described retail businesses listed in paragraph 2. Not all retail businesses are closed, just those specifically listed.

Drive through and takeout food and beverage continues to be allowed, pursuant to prior orders.

Malls (indoor and outdoor) may continue to remain open to provide food, grocery, medical, pharmacy and pet store services.

The businesses the governor ordered closed are listed below.

• Amusement parks
• Aquariums
• Arcades
• Art galleries
• Barber shops
• Hair salons
• Bowling alleys
• Cosmetic stores
• Dance studios
• Esthetician practices
• Fraternal organization facilities
• Furniture stores
• Gyms and fitness studios
• Hookah bars
• Indoors and outdoor malls
• Indoor party palaces
• Jewelry shops and boutiques
• Medical spas
• Facial spas
• Day spas
• Non-medical massage therapy services
• Museums
• Nail and tanning salons
• Non-tribal card rooms
• Skating rinks
• Senior activity centers
• Ski resorts
• Social and private clubs
• Tattoo and piercing parlors
• Tennis clubs
• Theaters
• Yoga studios
• Youth clubs

Retail Social Distancing Required

Businesses not listed in paragraph 2 may continue to operate provided they designate an employee or officer to "establish, implement and enforce social distancing policies..." This is set out in paragraphs 6-8 of the order.

Workplace Restriction

All businesses and non-profit entities are subject to the workspace restrictions set out in paragraphs 9-11.

First, work at home by employees is to be facilitated "to the maximum extent possible." Office work is prohibited when work from home options are available.

Second, when working at home is not an option, an employee or officer must be designated to "establish, implement and enforce social distancing policies..."

Government Buildings

There are orders regarding state government buildings in paragraphs 12-14.

Childcare Facilities

Licensed childcare facilities may continue to operate with groups limited to 10 children. The childcare needs of first responders, emergency workers, health care professionals and critical operations staff (whatever that is) are to be given priority. This is set out in paragraphs 15-17.

Outdoor Recreation & Travel

Campgrounds are ordered to be closed. Oregon parks are to be closed when social distancing cannot be maintained. All pools, skate parks, outdoor sports courts and playground equipment areas are ordered to be closed. Use of open public reactional areas are subject to maintaining social distancing guidelines.

Finally, people are asked to minimize travel other than to and from work, for obtaining food, essential consumer needs, health care, etc. and for the care of others.

State Preemption?

This order may pre-empt local governments from going beyond the Governor’s orders. Clarification on this pre-emption issue is being sought.