Affiliated vaccine injury attorney David Carney recently elected to President of the VIP Bar Association

What is a "Shelter In Place" Order



Due the increasing transmission of COVID-19, states and local officials in their executive capacity have been increasingly taking measures to limit the spread of the virus. Most state governors, local mayors and other executives have signed executive orders referred to most popularly as “Shelter in Place,” “Stay at Home,” and even “Pause” orders. Although the names of such executive orders are similar, they may differ in their application. Based on the state’s or city’s size, concentration of people, and number of confirmed cases, they have adopted different approaches and polices to limit the amount of interaction amongst people in public places. Although specifics of these orders may vary based on unique details, or laws of states they all contain similar and direct language in order to limit the spread of COVID-19. Each state or locality’s “Stay at Home Order,” aims to contain the virus by limiting communal and social interaction by mandating any business or operation deemed non-essential to close and cease operations. The definition of an essential business changes from state to state, but almost universally includes any business that includes: food production or distribution, including grocery stores and restaurants although they may be limited to take-out only; healthcare operations, including but not limited to the production and distribution of medication and medical supplies like pharmacies and laboratories, as well as hospitals and other medical centers; utility companies; shipping companies such as FedEx, Amazon, USPS, and UPS; law enforcement agencies; firefighters, emergency medical technicians, and other emergency first responders; and journalists. As a result, malls, retail operations, gyms, nightclubs, schools, salons, entertainment venues and cafes, have had to close their operations. Additionally, many businesses have been encouraged to have their employees work remotely from home. Finally, it is to be noted that although hospitals and medical centers are remaining open, under most orders have suspended all elective procedures and surgeries, to preserve resources, and limit the number of nonmedical professionals coming in and out of the hospital or medical center. To date, the number of states and localities who have adopted Stay at Home Orders is contently increasing. As of March 23, 2020, at 11:59 p.m. eleven (11) states have adopted such orders to be observed statewide. Those states currently under Stay at Home Orders include; California, Pennsylvania, Delaware, Kentucky, Louisiana, Ohio, New York, Illinois, Connecticut, New Jersey, and Michigan. Moreover, even in states where its governor has not signed a Stay at Home Order, or the virus has been limited to certain localities, city governments and municipalities are taking action to put such orders into effect. In major cities such as: St. Louis, Missouri; Dallas, Texas; San Miguel County, Colorado; and Athens-Clarke County Georgia local mayors and executives have instituted statewide Stay at Home Orders. Furthermore, in states or municipalities that have instituted Stay at Home Orders, one may be subject criminal or civil penalties if they are found to have violated an order. In most states if an individual is found to be in violation of a Stay at Home Order, may be subject to thousands of dollars in fines as well as incarceration. As of March 23, 2020, nearly 353,610 cases worldwide, including 35,000 in the United States.

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