New COVID Restrictions In Pennsylvania Hit Franchising . . . Hard

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At 4 p.m. today, Pennsylvania Governor Tom Wolf (who himself has tested positive for COVID) and Secretary of Health Rachel Levine issued new, “limited-time”, targeted COVID mitigation orders. The orders hit the franchise industry hard. About the only silver-lining is that, unlike the indefinite restrictions imposed last spring, these new restrictions have a specific time period:  from 12:01 a.m. on Saturday, December 12, 2020, until 8:00 a.m. on Monday, January 4, 2021.

The following are the changes resulting from the new orders:

  • All in-person dining in the retail food services industry–including bars, restaurants, breweries, wineries, distilleries, social clubs, and private catered events–is prohibited.
    • Outdoor dining, take-out food service and take-out alcohol sales, however, may continue.
  • All in-person businesses are limited to 50% of maximum legal occupancy, unless limited to a smaller number by other order.
  • All indoor gyms and fitness facilities are prohibited from operating.
    • Outdoor operations may continue, subject to masking and social distancing rules.
  • All indoor entertainment venues must close, including all theaters, concert venues, museums, movie theaters, arcades, casinos, bowling alleys, private clubs and similar facilities.
  • Indoor gatherings are limited to 10 persons.
    • Houses of Worship during religious services are exempt.
  • Outdoor gatherings are limited to 50 persons.
  • All sports and extracurricular activities at the high school level and below, including club sports, are suspended.
    • The high school and youth sports suspension includes practice.
  • Professional and collegiate sports may continue.
    • However, no spectators may attend.

Given the rising case counts in Pennsylvania, I appreciate these orders. That said, it doesn’t make them any more palatable. Stay safe out there!

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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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