Governor Holcomb Announces New County-By-County Restrictions Related to COVID-19

On November 11, 2020, Governor Eric Holcomb announced that in the coming days he intends to sign an executive order resulting in Indiana leaving Stage 5 of the “Back on Track” plan. In its place, he will be implementing restrictions on a county-by-county basis for counties that appear orange and red on the state’s color-coded map available at https://www.coronavirus.in.gov/. The determination of whether a specific county is marked as blue, yellow, orange, or red is based upon a review of each county’s 7-day positivity rate (of all tests) and its weekly number of cases per 100,000 residents.

Specifically, the Governor intends to implement the following restrictions on counties that appear orange on the state’s color-coded map:

• Social events limited to 50 people;
• Special events of more than 50 people will need approval from the local health department;
• K-12 extracurricular and co-curricular events shall be limited to 25% capacity;
• Capacity in common areas and break rooms should be reduced and users should be socially distanced; and
• Recreational sports leagues will be allowed to continue with attendance limited only to participants, required personnel, and parents/guardians.

For counties that appear red on the state’s color-coded map, Governor Holcomb indicated that he intends to implement the following restrictions:

• Social gatherings limited to 25 people;
• Special, seasonal, or commercial events planned for more than 25 people need approval from the local health department. Events are not advised to be held. College and professional sports are included;
• Attendance at winter indoor K-12 extracurricular activities, including IHSAA sports, is limited to participants, support personnel, and parents/guardians;
• Local officials shall have the ability to consider limiting the hours for the operation of bars, nightclubs, and restaurants; and
• Recreational sports leagues will be allowed to continue with attendance limited only to participants, required personnel, and parents/guardians.

As part of this announcement, Governor Holcomb indicated that these new restrictions would not apply to churches, mosques, temples, and other places of worship. However, Governor Holcomb did indicate that he would continue requiring face coverings to be worn statewide as part of his forthcoming executive order, and that the State would be providing $20 million for grants to help local communities put these restrictions in place. In indicating his intention to implement these new restrictions, Governor Holcomb made clear that he does not want to have businesses shut down again, and that he hopes these efforts will help prevent even more restrictions in the future.

This McNeelyLaw LLP publication should not be construed as legal advice or a legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.