Illinois Enters Phase 3 Reopening with Executive Order 2020-38

On May 29, 2020, Illinois Governor J.B. Pritzker issued Executive Order 2020-38, Restoring Illinois – Protecting our Communities. Executive Order 2020-38 can be found here. This Executive Order supersedes Governor Pritzker's prior Executive Order instructing individuals to "Stay at Home" and identifying certain businesses as "essential". "The intent of this Executive Order is to safely and conscientiously resume activities that were paused as COVID-19 cases rose exponentially and threatened to overwhelm our healthcare system."

Several provisions of Executive Order 2020-38 require operation in accordance with guidance from the Illinois Department of Commerce and Economic Opportunity (DCEO), which we wrote about in our article entitled: Illinois Publishes Business Toolkit For Phase 3 Re-Opening.

The Executive Order, which is expected to remain in effect until June 27, 2020, include the following:

• To the extent individuals are using shared spaces when outside their residence, including when outdoors, they must at all times and as much as reasonably possible maintain social distancing of at least six feet from any other person who does not live with them.
• Any individual who is over age two and able to medically tolerate a face covering (a mask or cloth face covering) shall be required to cover their nose and mouth with a face covering when in a public place and unable to maintain a six-foot social distance.  This requirement applies whether in an indoor space, such as a store, or in a public outdoor space where maintaining a six-foot social distance is not always possible.  
• Any gathering of more than ten people is prohibited unless exempted by this Executive Order. 

All businesses must:

• continue to evaluate which employees are able to work from home, and are encouraged to facilitate remote work from home when possible;
• ensure that employees practice social distancing and wear face coverings when social distancing is not always possible;
• ensure that all spaces where employees may gather, including locker rooms and lunchrooms, allow for social distancing; and
• ensure that all visitors (customers, vendors, etc.) to the workplace can practice social distancing; but if maintaining a six-foot social distance will not be possible at all times, encourage visitors to wear face coverings; and
• prominently post the guidance from the Illinois Department of Public Health (IDPH) and Office of the Illinois Attorney General regarding workplace safety during the COVID-19 emergency. That guidance can be found here. 

Retail stores must ensure all employees practice social distancing and must take appropriate additional public health precautions, in accordance with DCEO guidance, which include:

• provide face coverings to all employees who are not able to maintain a minimum six-foot social distance from customers and other employees at all times;
• cap occupancy at 50 percent of store capacity, or, alternatively, at the occupancy limits based on store square footage set by the Department of Commerce and Economic Opportunity;
• communicate with customers through in-store signage, and public service announcements and advertisements, about the social distancing and face covering requirements set forth in this Order; and
• discontinue use of reusable bags.

Manufacturers must ensure all employees practice social distancing and must take appropriate additional public health precautions, in accordance with DCEO guidance, which include:

• provide face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times;
• ensure that all spaces where employees may gather, including locker rooms and lunchrooms, allow for social distancing; and
• modify and downsize operations (staggering shifts, reducing line speeds, operating only essential lines, while shutting down non-essential lines) to the extent necessary to allow for social distancing and to provide a safe workplace in response to the COVID-19 emergency.

Employers in office buildings must ensure all employees practice social distancing and must take appropriate additional public health precautions, in accordance with DCEO guidance, which may include:

• provide face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times;
• consider implementing capacity limits where the physical space does not allow for social distancing;
• allow telework where possible; and
• develop and prominently post plans and signage to ensure social distancing in shared spaces such as waiting rooms, service counters, and cafeterias.

All businesses that offer food or beverages for on-premises consumption—including restaurants, bars, grocery stores, and food halls—must suspend service for and may not permit on-premises consumption, except as permitted by DCEO guidance. All businesses covered in this section may permit outdoor on-premises food and beverage consumption in accordance with DCEO guidance and when permitted by local ordinances and regulations.

Fitness and exercise gyms may be open for the following activities, but must conduct business in a manner consistent with DCEO guidance: Personal training sessions involving one trainer and one customer; outdoor training in groups no larger than 10 with social distancing; sale of retail merchandise; and onsite filming or streaming of remote classes conducted by a single trainer.  Fitness and exercise gyms may not allow other activities, including member workouts, because of the heightened risk of transmission of COVID-19 when people exercise together and share equipment in an indoor space.

Personal services facilities such as spas, hair salons, barber shops, nail salons, waxing centers, tattoo parlors, and similar facilities may be open but must ensure the use of face coverings, adherence to social distancing requirements, and use of capacity limits in accordance with DCEO guidance.

Businesses offering outdoor recreation, youth day camps, and youth sports may be open but must ensure the use of face coverings, adherence to social distancing requirements, and must take other public health steps in accordance with DCEO guidance.

Except as permitted by this Executive Order or by DCEO guidance, places of public amusement must remain closed to the public.  Places of public amusement include but are not limited to, locations with amusement rides, carnivals, amusement parks, water parks, aquariums, zoos, museums, arcades, fairs, children’s play centers, playgrounds, theme parks, bowling alleys, movie and other theaters, and concert and music halls. 

For advice complying with this Executive Order, contact the attorneys at Burke, Warren, MacKay & Serritella, P.C.