Ohio Order Prohibits Mass Gatherings and Other Business Operations

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Foley & Lardner LLP“You don’t want to be complacent. You always want to be ahead of the curve.” Dr. Anthony Fauci, M.D., Director of National Institute of Allergy and Infectious Diseases.

In addition to postponing Ohio’s Primary Election until June 2, 2020, the Ohio Department of Health issued additional guidance on Tuesday, March 17, 2020, prohibiting mass gatherings and certain business operations to prevent the spread of COVID-19.  

Director of Health, Amy Acton, signed a Director’s Order prohibiting any event or convening that brings together 50 or more persons in a single room or other confined indoor or outdoor space at the same time.  The order is effective until rescinded or the State of Emergency declared by Governor Mike DeWine no longer exists.

Director Acton clarified that, for the purposes of this Order, a mass gathering does not include normal operations at airports, bus and train stations, medical facilities, libraries, shopping malls and centers, or other spaces where 50 or more persons may be in transit; nor does it include typical office environments, schools, restaurants, factories, or retail or grocery stores where large numbers of people are present, but it is unusual for them to be within arm's length of one another.  Separately, on March 14 and March 15 respectively, the Department of Health ordered that all schools cease instruction and all bars and restaurants cease dine-in operations until further notice.  

Director Acton’s Order prohibits the following businesses from continuing operations during this public health emergency: 

  • Bowling alleys
  • Health clubs/fitness centers/workout facilities/gyms/yoga studios
  • Indoor trampoline parks
  • Indoor water parks
  • Movie theatres and performance theatres
  • Public recreation facilities and indoor sports facilities. 

Regardless of whether an event or gathering falls within the definition of mass gathering, the Department of Health urges all Ohians to maintain social distancing (approximately six feet away from other people) whenever possible and to continue to wash hands, utilize hand sanitizer, and practice proper respiratory etiquette.  Further, consistent with the Trump Administration’s guidance, the Department of Health recommends that Ohioans avoid unnecessary non-family gatherings of more than 10 people. 

It is not clear whether and to what extent Ohio will require or strongly recommend a “shelter in place” rule, similar to what has been ordered in Northern California and Orange County, California. Click here for the latest developments concerning Ohio’s response to Covid-19. 

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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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