Gov. Lee issues 'Safer-at-Home' order due to COVID-19

Gov. Lee issues ‘Safer-at-Home’ order due to COVID-19

Tennessee Gov. Bill Lee has issued a “Safer-at-Home” order for the entire state, which means all non-essential businesses will need to close and everyone is encouraged to stay at home whenever possible, due to COVID-19.

Lee said Executive Order 22 is not a mandated shelter-in-place order, but one that strongly urges citizens to stay home where possible “to protect the lives of your neighbors and Tennesseans.”

Knoxville, Nashville and Memphis have already issued similar orders, and more than 600 physicians – who signed a letter asking the governor to order a shelter in place across the state to prevent a “disastrous” surge in cases – have called for Lee to do the same.

Instead, Gov. Lee issued an executive order with new restrictions like closing restaurant dining rooms and gyms, but it did not mandate sheltering in place or close all non-essential businesses.

It includes closing businesses that cannot operate safely during this time, including salons and barbershops.

The Tennessee Department of Health confirmed 1,834 cases of COVID-19 on Monday, March 30, an increase of 297 cases over the day before. There have been 13 reported deaths.

Lee, who made the decision to expand the order state-wide out of fear that coronavirus would start spreading in Tennessee’s rural communities – hesitated – because he wanted Tennessee to be a state where people can maintain their personal liberties.

So far, cases have been reported in 77 of Tennessee’s 95 counties. Lee said half of the state was already under some sort of stay at home order, particularly in the more urban areas.

EXECUTIVE ORDER

AN ORDER DIRECTING TENNESSEANS TO STAY HOME UNLESS ENGAGING IN
ESSENTIAL ACTIVITIES TO LIMIT THEIR EXPOSURE TO AND SPREAD OF
COVID-19
WHEREAS, local, state, and federal officials have taken numerous actions to limit the
spread of Coronavirus Disease 2019 (COVID-19), including a series of statewide executive orders,
a nationwide emergency declaration by President Trump, and many local health and emergency
orders and actions; and
WHEREAS, on March 4, 2020, the first case ofCOVID-19 in the State of Tennessee was
identified, and now there are 1,834 total cases of COVID-19 in Tennessee, resulting in 148
hospitalizations and 13 deaths; and
WHEREAS, despite the numerous actions taken in recent weeks to limit the spread of
COVID-19, in the last five (5) days, the number of cases in Tennessee has more than doubled, and
there are now at least 72 counties with cases, indicating that COVID-19 is spreading throughout
all areas of the State and presents a serious risk to the health, safety, and welfare of all Tennesseans,
which requires further statewide action to contain the spread of COVID-19 and preserve the State’s
health care resources; and
WHEREAS, the Centers for Disease Control and Prevention (CDC) has stated that
COVID-19 is frequently spread “[b ]etween people who are in close contact with one another
(within about 6 feet),” and on March 16, 2020, President Trump issued the President’s Coronavirus
Guidelines for America, which have been extended through April 30, 2020, and encourage people
to contribute to the containment of COVID-19 by taking various precautions, including:
a. Working from home whenever possible;
b. Avoiding social gatherings of ten (10) or more people;
c. A voiding eating or drinking at restaurants, bars, and food courts, and instead
using drive-thru, pick-up, or delivery options;
d. A voiding discretionary travel and social visits;
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e. Avoiding discretionary visits to nursing homes, retirement homes, or long-term
care facilities;
f. A voiding close contact with people who are sick, and distancing oneself from
others, especially those who are at higher risk of getting sick, including in particular older
adults and persons with serious chronic medical conditions; and
g. Practicing good personal hygiene, including washing hands, especially after
touching any frequently used item or surface, avoiding touching the face, and disinfecting
frequently used items and surfaces as much as possible; and
WHEREAS, the CDC advises that “[t]he best way to prevent illness is to avoid being
exposed to this virus,” and the best way to avoid being exposed to the virus is to remain home
except as necessary to engage in essential activities, in which case the following health guidelines
consistent with the President’s and CDC’s guidance above (hereafter referred to as “Health
Guidelines”) should be followed: (1) Maintaining a distance of at least six (6) feet between
themselves and others, except for family or household members; and (2) Practicing good personal
hygiene, including washing hands, especially after touching any frequently used item or surface,
avoiding touching the face, and disinfecting frequently used items and surfaces as much as
possible; and
WHEREAS, because protecting personal liberty is deeply important, this Order is not a
shelter-in-place mandate and instead strongly urges Tennesseans to stay at home when at all
possible for the protection of themselves and their community; and
WHEREAS, because with personal liberty comes great personal responsibility, all
Tennesseans must do their part by staying at home whenever possible for a limited period of time
to avoid exposure to, and slow the spread of, this virus, which will limit the burden on health care
resources and allow normal activities to resume sooner; and
WHEREAS, in addition to the other emergency management powers granted by law,
Tennessee Code Annotated, Section 58-2-107(e), provides that during a state of emergency, the
Governor is authorized to suspend laws and rules regarding the conduct of state business if
necessary to cope with the emergency, order evacuations from certain areas, make orders
concerning entry and exit and the occupancy of premises within an emergency area, and take
measures concerning the conduct of civilians and the calling of public meetings and gatherings,
among other things; and
WHEREAS, the temporary suspension of selected state laws and rules and the other
measures contained herein are necessary to facilitate the response to the current emergency.
NOW THEREFORE, I, Bill Lee, Governor of the State of Tennessee, by virtue of the
power and authority vested in me by the Tennessee Constitution and other applicable law, in light
of the continuing state of emergency to facilitate the response to COVID-19, and to keep the
citizens of the State of Tennessee safe and healthy, do hereby order the following statewide:
1 . Safer at home. Because staying at home as much as possible for a temporary period
of time will protect the health and safety of Tennesseans by limiting the spread of
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2.
3.
4.
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6.
7.
COVID-19 and preserving health care resources, all persons in Tennessee are urged
to stay at home, except for when engaging in Essential Activity or Essential
Services as defined in this Order.
‘l,osure of no a-essential businesses for public use. Businesses or organizations that
do not perform Essential Services shall not be open for access or use by the public
or its members. Such businesses or organizations are strongly encouraged to
provide delivery, including delivery curbside outside of the business or
organization, of online or telephone orders, to the greatest extent practicable, and
persons are encouraged to use any such options to support such businesses during
this emergency.
Essential Activity and Essential Services should be limited. Even though Essential
Activity and Essential Services are permitted under this Order, all persons are
strongly encouraged to limit to the greatest extent possible the frequency of
engaging in Essential Activity or Essential Services. For example, all persons are
strongly encouraged, among other things, to use thoughtful planning, careful
coordination, and consideration of others when engaging in Essential Activity or
Essential Services in order to minimize the need and frequency for leaving their
place of residence or property. When engaged in Essential Activity or Essential
Services, persons shall at all times follow the Health Guidelines to the greatest
extent practicable.
Essential Services businesses should follow 1–Iealth Guideline . For those offices,
workplaces, and businesses that remain open as permitted by this Order, employers
should take steps to the greatest extent practicable to equip and permit employees
to work from home, and employees and their customers should practice good
hygiene and observe the Health Guidelines and necessary precautions advised by
the President and the CDC to reduce the spread of COVID-19.
Employers shall not require or allow employees with COVID-19 to work. An
employer, through its supervisors or appropriate management personnel, shall not
require or allow an employee who the employer knows has tested positive for
COVID-19 to report to work until that employee has satisfied the conditions for
discontinuing home isolation under CDC guidelines, which are available at the
following web address: https:/ /www.cdc.gov/coronavirus/2019-ncov/if-you-aresick/steps-when-sick.html.
List of Essential Services detailed in Attachment A. Essential Services are defined
in Attachment A to this Order. Nothing in this Order precludes an employer from
encouraging, allowing, or requiring an employee to work remotely or via telework
as a method of conducting Essential Services, where practicable.
Executive Order Nos. 17 and 21 remain in full force and effect. Defining Essential
Services in Attachment A does not repeal, by implication or otherwise, the terms
and conditions of Executive Order Nos. 17 and 21 relative to restaurants, bars, and
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similar food and drink establishments, gyms, fitness/exercise centers, and similar
facilities, close-contact personal services, and entertainment and recreational
gathering venues, and visiting nursing homes, retirement homes, or long-term care
or assisted-living facilities, the provisions of which are incorporated herein and
remain in full force and effect.
8. Essential Activity. For purposes of this Order, Essential Activity means:
a. Engaging in activities essential to a person’s health and safety or the health
and safety of family or household members, persons who are unable or should
not leave their home, or pets, including, but not limited to, seeking emergency
services, obtaining medical supplies or assistance, obtaining medication,
obtaining non-elective medical care or treatment or other similar vital services,
or visiting a health care professional;
b. Obtaining necessary services or supplies for persons and their family or
household members, persons who are unable or should not leave their home,
or pets or delivering those services or supplies to others, including, but not
limited to, groceries and food, household consumer products, supplies required
to work from home, automobile supplies (including dealers, parts, supplies,
repair, and maintenance), and products necessary to maintain the safety,
sanitation, and essential operation of residences;
c. Providing, facilitating, or receiving delivery or curbside carry-out delivery of
online or telephone orders from businesses or organizations that do not
perform or are not necessary for the performance of Essential Activity;
d. Engaging in outdoor activity, provided that persons the Health Guidelines to
the greatest extent practicable, including, but not limited to, driving or riding
in a vehicle, walking, hiking, running, biking, swimming, kayaking, canoeing,
golf, tennis, or other sports or recreational activities that can be performed
while maintaining the aforementioned precautions or utilizing public parks and
outdoor recreation areas; provided, however, that congregating or playing on
playgrounds presents a unique risk for the spread of COVID-19 and is
therefore not covered as an Essential Activity;
e. Caring for or visiting a family member, friend, or pet in another household, or
transporting or traveling with family members, friends, or pets as allowed by
this Order; provided, that the Health Guidelines are followed to the greatest
extent practicable;
f. Visiting a place of worship or attending a wedding or funeral; provided, that
the Health Guidelines are followed to the greatest extent practicable.
However, it is strongly encouraged that the public celebration component of
weddings and funerals be postponed or attended only by close family
members; or
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g. Engaging in Essential Travel, as defined below.
9. Essential ravel. For purposes of this Order, Essential Travel means:
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12.
13.
14.
15.
a. Travel related to Essential Activity or otherwise permitted by this Order;
b. Travel related to performing Essential Services;
c. Travel to care for the elderly, minors, dependents, persons with disabilities, or
other vulnerable persons;
d. Travel to or from educational institutions for purposes of receiving materials
for distance learning, for receiving meals, and any other related services.
e. Travel to and from outside of the State of Tennessee; or
f. Travel required by law, law enforcement, or court order, including to transport
children pursuant to a custody agreement.
Critical infrastructure remain open and operational. All critical infrastructure
remains operational, and government entities and businesses will continue
providing important and essential services.
Special care should be taken to protect vulnerable populations. Persons and
businesses should take particular care to protect the well-being of those populations
especially vulnerable to COVID-19, including older adults and persons with
compromised immune systems or serious chronic medical conditions, by, among
other things, taking care to adhere to all precautions advised by the President and
the CDC and refraining to the extent practicable from physical contact and
association. Businesses should further consider implementing measures to protect
our most vulnerable populations by, for example, offering delivery service or
special opportunities for members of vulnerable populations to shop in retail
establishments exclusive of the general population.
Suspe11sion of law that would limit application of this Order. Any law, order, rule,
or regulation that would otherwise limit the enforceability of this Order is hereby
suspended, pursuant to Tennessee Code Annotated, Section 58-2-107.
No repeal oflocal orders. Nothing herein repeals, preempts, or otherwise limits the
authority, if any, of a locality to issue further orders or measures on these same
subjects.
Severability. If any provision of this Order or its application to any person or
circumstance is held invalid, the invalidity does not affect other provisions or
applications of this Order which can be given effect without the invalid provision
or application, and to that end the provisions of this Order are declared to be
severable.
Term and effective date. This Order shall be effective and enforceable at 11 :59
p.m., Central Daylight Time, on March 31, 2020, and shall remain in effect until
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11 :59 p.m., Central Daylight Time, on April 14, 2020, at which time the suspension
of any state laws and rules and the other provisions of this Order shall cease and be
of no further force or effect.