Governor Tim Walz, via Executive Order 20-99 issued November 18, 2020, placed further restrictions on social gatherings, restaurants, and bars in Minnesota. Specifically, Governor Walz’s order does the following (most changes effective Friday, November 20, 2020 through at least December 18, 2020, with some exceptions):
- Social Gatherings: Social gatherings of people from more than one household are prohibited. Social gatherings do not include gatherings by workers or customers of businesses permitted to be open under other parts of the executive order.
- Exceptions to Social Gathering Restrictions (activities are permitted, subject to Minnesota and CDC guidance/restrictions):
- Educational and Care Services for Children and Youth are permitted to be open, provided that such organizations comply with state and CDC guidance.
- Care of Others (family members, friends, or pets)
- Relocation to Ensure Safety
- Health and Safety Activities
- Sobriety and mental health support groups (but it is encouraged that groups meet remotely if possible).
- Health care and residential facilities
- Displaced individuals
- Legislative and other government meetings
- Judicial branch
- Federal activities
- Drive-in Gatherings (if individuals remain in vehicles)
- Weddings, Funerals, and services: Religious services, funeral homes, and similar venues may operate, but only ceremonies (not receptions) are permitted. There are increased restrictions including maintaining 6 feet of distance between households, not more than 50% occupancy (max of 250 people indoors and outdoors), and implementing and development a COVID-19 Preparedness Plan.
- Outdoor recreation activities (that do not involve close proximity to individuals from different households). The executive order lists specific permitted and non-permitted activities. For example, golf facilities may remain open, but competitions, team sports, races, and organized sports are not permitted.
- Voting
- Tribal lands.
- Unnecessary travel is discouraged and individuals are strongly encouraged to practice self-quarantine for 14 days after arrival.
- Workers and Businesses:
- Working from home whenever possible is required.
- Businesses that can remain open must follow Executive Order 20-54, OSHA Standards, MDH and CDC Guidelines.
- Places of Public Accommodation:
- Do not include grocery stores, markets, convenience stores, pharmacies, drug stores, food pantries, and other venues that do not offer food and beverage for on-premises consumption. Also do not include health care facilities, child care facilities, crisis shelters, soup kitchens, and restaurants/food courts inside the secured zones of airports.
- Do include most restaurants, bars, distilleries, etc…
- All Places of Public Accommodation must develop and implement a Covid-19 preparedness plan.
- Restrictions on Places of Public Accommodations (specifically restaurants, food courts, cafes, coffeehouses, bars, taverns, breweries, microbreweries, distilleries, dining clubs, clubhouses, tobacco product shops, hookah bars, vaping lounges, and other Places of Public Accommodation offering food, beverages, or tobacco products for on-premises consumption.
- May not offer in-person dining at all (either indoor or outdoor)
- May offer deliver/take-out services, including drive-through/drive-up services.
- Only five or fewer individuals are permitted inside each Place of Public Accommodation at a time to pick up orders.
- The following types of Public Accommodation are closed:
- Public Pools
- Gymnasiums, fitness centers, recreation centers, indoor sports facilities, indoor climbing facilities, trampoline parks, indoor and outdoor exercise facilities, martial arts facilities, and dance and exercise studios
- Venues providing indoor events and entertainment, such as theaters, cinemas, concert halls, festivals, fairs, vendor fairs, museums, performance venues, stadiums, arcades, and bowling alleys (may offer remote programing).
- Venues providing outdoor events and entertainment such as racetracks, paintball, go-karts, mini-golf, performance venues, festivals, fairs, vendor fairs, and amusement parks (may offer drive-in” or “drive-through” experiences where individuals remain in their own vehicles).
- Organized Youth Sports (no in person activities): this does not include child care/youth programs, PE as part of school day, or single household/individual outdoor activities otherwise permitted under the executive order.
- Organized Adult sports (excluding professional/college sports permitted elsewhere, or single household/individual outdoor activities otherwise permitted by the order).
- The following types of Activities may remain open:
- Child care (licensed child care)
- Youth Programs (excluding sports)
- Higher education institutions
- Weddings, Funerals, and religious services (but not wedding/other receptions).
- The following Outdoor recreation facilities may remain open (provided they follow state and CDC guidance)
- Minnesota State Parks, Trails, State Forests, State Recreation Areas, Wildlife Management Areas, Scientific and Natural Areas, and other State managed recreational lands.
- Locally, regionally, publicly, and privately managed outdoor parks, trails, arboretums, and gardens.
- State, regional, or local public water accesses.
- Public and private marinas and docks that provide storage, docking, and mooring services to slip owners, seasonal renters, and the general public, as well as facilities that provide safety-related services including fueling, emergency dockage, and sanitary pump-out stations.
- Public and private golf courses and outdoor driving ranges.
- Ski areas, Nordic trails, snow tubing hills, sledding hills, and outdoor skating rinks.
- Lake service providers to install, repair, and remove docks, boatlifts, and other water related equipment or deliver boats.
- Outdoor shooting ranges and game farms.
- Outdoor recreational equipment rental outlets. Equipment may be rented but only if the equipment can be effectively sanitized between uses.
- Dispersed and remote camping sites in accordance with the Outdoor Recreation Guidelines.
- Public and private campgrounds that have adopted a COVID-19 Preparedness Plan in accordance with the Guidance for Campgrounds website (https://www.dnr.state.mn.us/aboutdnr/safely-opening-outdoor-recreation.html).
- Charter boats and launches that have adopted a COVID-19 Preparedness Plan in accordance with Guidance for Charter and Launch Boats website (https://www.dnr.state.mn.us/aboutdnr/safely-opening-outdoor-recreation.html).
- Guided and instructional activities such as guided fishing or birding that do not require gatherings prohibited by paragraph 6.c, adhere to social distancing requirements, involve persons from the same household, and are conducted in accordance with the Outdoor Recreation Guidelines.
- Any other outdoor recreation activities and facilities that may be designated in the Outdoor Recreation Guidelines.
- Personal Care Services: Barbershops, salons, and other Establishments Providing Personal Care Services may remain open. Occupancy must not exceed 50 percent with a maximum of 250 people in a single self-contained space. Face covering and other requirements continue to apply.
- Professional/College Sports: Professional and intercollegiate athletes and teams are permitted to continue (subject to existing restrictions).
- All Business Preparedness Plan Requirements Changed: All businesses should that that the Preparedness Plan requirements have been updated and reiterated. All businesses should review their plan to make sure it includes the following:
- Require work from home whenever possible
- Ensure sick workers stay home
- Social distancing
- Worker hygiene and source control
- Cleaning, disinfection, and ventilation protocols
- Additional customer facing business requirements
- Exposure notification protocol (*very new*)
- If applicable, household services business requirements.
- Posting and training regarding the Plan must be done by each business.
- Enforcement: Effective November 13, 2020, fines for violation of the Executive order are up to $1,000 per individual or $3,000 for a business for willful criminal violations. The Attorney General may also investigate conduct and impose civil fines of up to $25,000 per occurrence plus costs of investigation and reasonable attorney’s fees. Cities and local governments are explicitly permitted to implement more restrictive requirements than the State order if they choose to do so (but less restrictive requirements are not permitted.
Virtus Law, PLLC continues to monitor changes in this area and will continue to post relevant updates to this website.