On April 28, 2020, Governor Baker extended the essential
services and limited gatherings Order, originally put in place on
March 23, 2020, through May 18, 2020. This represents a two-week
extension of the prior expiration date of May 4, 2020. The new
Order leaves unchanged the current division between essential and
non-essential workers, meaning that brick-and-mortar workplaces are
required to remain closed to non-essential workers through May 18,
2020.
The announcement is not altogether surprising, as Governor Baker
has long urged a cautious approach to re-opening and stressed the
need for additional testing. At the same time he extended the
Order, Governor Baker also announced the formation of a Reopening Advisory Board that will report to
the Governor on strategies for a safe, gradual reopening of
businesses. That report is due to the Governor on May 18, 2020,
meaning there is a strong chance that at least portions of the
Order will be extended past May 18, 2020 while the administration
develops a plan.
At the same time, Governor Baker also extended and issued updated
guidance regarding some additional prior Orders, including the
prohibition on gatherings of 10 or more individuals, guidance to
hotels and motels, and guidance to nurseries, greenhouses, and garden centers.
The updated guidance to hotels and motels generally limits
operations to providing housing to specific populations, such as
certain essential out-of-state workers, homeless populations, and
populations that are isolating or self-quarantining. The updated guidance to greenhouses and garden centers
largely allows such facilities to operate brick-and-mortar
premises, but requires now-familiar safety precautions, such as
social distancing, offering of curbside pickup, and provision of
hand sanitizers and disinfecting wipes.
In a similar vein, the Governor also issued guidance to farmers' markets, retail farm
stands, and CSAs, clarifying that – much like grocery stores
– such facilities are considered essential and may remain
open with appropriate precautions (such as social distancing,
limiting of customers, frequent disinfecting of surfaces, and so
forth).
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