New executive order clarifies IN stay-at-home directive

Executive Order 20-18 is a long one, but it does a lot to clarify what, exactly, Gov. Eric Holcomb and his administration means by “essential.”

The executive order will take effect at 11:59 p.m. Monday night and remain in effect until 11:59 p.m. on Monday, April 20, unless Holcomb changes it.

The order requires all Hoosiers maintain social distancing of six feet away from another person, aside from family or household members. They should avoid making in-person purchases of goods and services aside from groceries, health, education or employment. The order asks everyone to use online or call-in ordering of goods and services with delivery or curbside pick-up wherever possible. If someone must visit a retail business, they should make as few trips as possible and should limit the number of household members who make these trips to as few as possible.

Those experiencing homelessness are exempt from this provision, but are strongly urged to obtain shelter — and governmental and other entities are strongly urged to make shelter — as soon as possible.

Furthermore, the order clarifies what businesses are essential vs. non-essential and how those businesses may be patronized.

Retail businesses providing the necessities of life (food, medicine, etc.) may remain open, but these businesses must limit the number of customers inside to achieve social distancing and limit the hours of operation and consider offering separate hours for elderly/vulnerable customers.

Businesses deemed non-essential (floral shops, crafting stores, bookstores, and clothing shops were among the list of examples in the Monday afternoon briefing) can still remain open, but will be closed to foot traffic. Services will remain available for online and phone orders with curbside pick-up or delivery.

Businesses deemed non-essential may still continue to function with employees working exclusively at home. Essential businesses may remain open, but should comply with social distancing requirements, including when customers are standing in line.

Public and private gatherings — governmental, social, philanthropic, religious/spiritual, of any number that occur outside a single household are prohibited, unless the gathering includes 10 people or fewer and they must engage in social distancing and other sanitation measures.

Campgrounds throughout the state will close at 11:50 p.m. on April 7, except for those who live at those campgrounds in RVs or cabins. No overnight stays are permitted in state parks.

Individuals may travel from their homes to perform tasks for their health and safety or the health and safety of their family or household members (pets included). This includes traveling to see to the health and safety of people who are unable to or should not leave their homes.

They may also leave to obtain necessary supplies for themselves, their families or those who can’t or shouldn’t leave their home — groceries and food, household consumer products, items needed to work from home or for education, automobile supplies (dealers, parts, supplies, repair and maintenance), and products necessary to maintain the safety, sanitation or essential operation of homes or residences.

People may also leave home for outdoor activity, aside from public access playgrounds. Individuals may go to public parks and open outdoor recreation areas, but should maintain social distancing.

They may also leave their home to care for others in need of assistance.

Those especially vulnerable to COVID-19 or the elderly should not leave their residences unless they are seeking medical care.

If you are the employee or owner of a business providing essential services, you may continue to go to work. Essential services include healthcare facilities, places that manufacture PPE, sanitation products, pharmaceuticals and paper products, human services operations (long-term care facilities, residential facilities, field offices that determine eligibility for social services), food production/distribution, construction, building management/maintenance, airports, utility plants, oil/biofuel refineries, solid waste/recycling operations, essential government offices and “for-profit, non-profit or educational entities.”

Both crop and animal agriculture operations, along with animal shelters, rescues, kennels and adoption facilities may remain open.

Charitable and social services organizations providing food, shelter, social services and other necessities of life for those in need may remain open.

Religious facilities, entities and groups adhering to the limitations of social gathering and distance may remain open.

The media will also continue to operate, along with financial institutions and critical trades (plumbers, electricians, exterminators, etc.), postal services, laundry services, transportation services (Uber, Lyft, taxies, boat storage, etc.), and professional services (with business conducted virtually or by phone) may remain open as well. The plants manufacturing products needed by essential services, critical labor unions, hotels and motels and funeral services were also listed among businesses that can remain open.

A set of minimum basic operations may be completed in non-essential businesses that close. These operations include things that must be done to maintain the value of a business’s inventory, preserve the condition of the physical plant and equipment, ensure security and process payroll and benefits, but should only be done by the minimum number of employees necessary to complete these functions.

A concern for many when the original order was announced was how it would be enforced. Many employees of businesses that refused to close insisted their business was not essential and they were not able to comply with social distancing at work. EO 20-18 outlines enforcement. IOSHA will “take all available administrative and enforcement actions against businesses or entities failing to comply with workforce safety conditions.”

Holcomb created an Enforcement Response Team, who will be responding and investigating all reports of violations of the order that are not considered under the jurisdiction of IOSHA. This team will be comprised of state law enforcement from agencies other than the Indiana State Police. The Chairman of the Indiana Alcohol and Tobacco Commission will lead this enforcement effort. The team will work with the ISDH or other local boards of health to enforce this order, including verbal orders to cease an unsafe practice, issuing a formal order to comply with proper safety practices, and issuing an order to close the business entity. The executive order says if an order to close a business is issued, the business will be reported to the Secretary of State and any licensing, permitting or certifying board, commission or entity for consideration of revocation proceedings and the matter “should be considered for referral to the local prosecuting attorney.”

Violating the order would be a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,000.