On Friday, May 1st, Governor Holcomb issued Executive Orders 20-25 and 20-26 extending the State of Emergency to June 4th and allowing many Indiana counties to begin opening. For most, the stay at home mandate has partially lifted; however, Marion County, Lake County, and Cass County are still under lockdown until May 15, 2020. Executive Order 20-26 contains modifications of the original order mandating the lockdown. This blog will highlight the pertinent changes that Executive Order 20-26 implements.

 

Duration

Indiana will go through five stages before it completely opens up. Each stage will contain less restrictions on Hoosiers. Executive Order 20-26 discusses Stages 1 and 2 (Stage 1 being the original stay at home order) and will expire on May 23, 2020 at 11: 59 p.m. wherein Governor Holcomb is expected to sign another Executive Order laying out States 3 through 5.

 

General Provisions for Counties in Stage 2

Stage 2 of the plan went into effect on May 4, 2020 and will last until May 23rd. Counties will be allowed to move at a slower or faster rate depending on the number of COVID-19 patients, the number of ventilators available, the ability to test for COVID-19, and the capacity for contact tracing. Businesses not mentioned below will continue to remain closed until at least Stage 3.

 

Permitted Businesses

  1. Retail

Under Stage 2, retail businesses may reopen; however, they must follow the following restrictions:

  1. Cannot be over 50% occupational capacity;
  2. Should limit hours of operation and have separate hours for the elderly and vulnerable customers;
  3. Should require employees to wear face coverings and encourage customers to wear face coverings.
  4. Continue with social distancing; and
  5. Malls must limit the number of individuals to 25% capacity in common areas.

 

  1. Restaurants

Restaurants include: country clubs, social clubs, and wineries that provide in-person dining. Restaurants are permitted to open one week after entering Stage 2 (May 11th for all counties other than Marion, Lake, and Cass). Restaurants must adhere to the same restrictions as retail businesses; however, the following restrictions apply:

  1. Tables must be spaced six feet apart and contain six or less people;
  2. Self-serve stations such as a salad bar or beverage stations are not permitted;
  3. All employees must be screened for COVID-19 symptoms before being allowed to work;
  4. All employees and staff must wear face coverings;
  5. Live music is not permitted; and
  6. Bars and taverns are to remain closed.

 

  1. Personal Service Businesses

Personal Services businesses include: spas, salons, barber shops, tattoo parlors, massage salons, and similar facilities. Personal service businesses may reopen one week after entering Stage 2 (May 11th for all counties other than Marion, Lake, and Cass). Personal service businesses must adhere to the same restrictions as retailers, but must also:

  1. Properly space workstations;
  2. Clean workstations after each customer;
  3. Provide service by appointment only; and
  4. Have employees and customers wear face masks to the extent possible.

 

  1. Religious Entities

 

Effective May 8, 2020, religious services (including weddings) can take place, regardless of whether your county is in Stage 1 or Stage 2; however, Stage 1 gatherings are limited to ten people and Stage 2 gatherings are limited to twenty-five people. Social distancing is a must.

 

  1. Educational Institutions

Educational facilities will remain closed until June 30, 2020. Educational facilities may be open to facilitate distance learning, perform critical research, or to perform essential functions. Social distancing requirements are still in effect.

 

If you have legal questions regarding how the order impacts your property, do not hesitate to contact KSN. Our law firm can be reached by calling 855-537-0500 or by visiting www.ksnlaw.com.

 

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. We have four office locations, serving hundreds of clients and thousands of communities throughout Illinois, Indiana, and Wisconsin. Our attorneys are also licensed in Arizona, Florida, and Missouri.

 

Please note the material contained in this article is for educational and informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained in this article. You should not act on the information discussed in this article without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information in this article, the law can change quickly. Accordingly, please understand that information discussed in this article may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed in the article law at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the article, or the accessibility of the article generally. This article may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2020 Kovitz Shifrin Nesbit, A Professional Corporation.