Austin Mayor Issues Order Regarding Health and Safety Policies for Business Employees and Patrons

Jackson Walker

Austin Mayor Steve Adler issued an order on Wednesday, June 17, 2020, that mandates all Austin businesses must develop and implement a safety policy related to COVID-19. This order comes following a clarification from Governor Abbott that his plan to reopen the Texas economy includes maintaining the authority of local governments to require businesses to adopt and enforce their own health policies—including requiring face coverings.

Effective as of June 17, 2020, and continuing through at least August 15, 2020, all commercial entities in the city of Austin that provide goods or services directly to the public must develop and implement their own COVID-19 health and safety policy. The health and safety policy must require, at a minimum, that all employees and visitors wear face coverings while on the commercial entity’s business premises.

A commercial entity need not require a mask when:

  • The person is alone in a single, separate space—whether indoors or outdoors;
  • The person is among people of the same household or residence —whether indoors or outdoors;
  • The person is eating or drinking in a restaurant or bar;
  • The person is outdoors engaging in an allowed activity while alone, or with only members of the same household or residence, or while maintaining a consistent separation of six feet or more from others engaging in conduct allowed by Governor’s Order GA-26;
  • Wearing a mask poses a safety or health risk.

The city of Austin’s order is intended to be read consistently with GA-26, which expanded businesses’ ability to re-open in Texas, and to impose additional requirements consistent with the Governor’s guidance for businesses. Businesses have until Tuesday, June 23, to have their plan posted and in place.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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