Indiana

Updated: May 26, 2020

EXECUTIVE ORDER 20-28 SETS FORTH STAGE 3 OF RE-OPENING INDIANA

KEY UPDATES:

Executive Order 20-28, dated May 21, 2020, sets forth the requirements for Stage 3 of re-opening Indiana.  Effective May 22, 2020, at 12:00 a.m.,., all counties except for Cass, Lake, and Marion, are permitted to transition into Stage 3.  Cass, Lake, and Marion counties can advance to Stage 3 on June 1, 2020, at 12:00 a.m.  The order remains in effect until June 13, 2020 at 11:59 p.m.

• Under Stage 3, the following businesses are allowed to be open, subject to restrictions and prohibitions: retail, restaurants, professional services, personal services, some cultural and entertainment venues, gyms, exercise and fitness centers, sports and athletic activities, outdoor activities, child care, day camps, adult care, education, health care providers and operations, financial and insurance, social services, charitable and religious, laundry, hotels and motels, manufacturing and production, trades, shipping and delivery, transportation, industrial, labor infrastructure, media, and governmental.  All employers must comply with health and safety standards established by IOSHA, and businesses must develop a plan to institute safeguards to ensure a safe environment, addressing specific requirements set forth in the order. Other highlights of the order:
  • Under stage 3, retail businesses may increase their number of customers from 50% to 75%, and malls may increase capacity of common areas from 25% to 50%.  Other restrictions for retail remain the same as Stage 2. 
  • Bars and taverns remain closed.
  • Drive-in theaters and mini-golf are permitted to open, subject to sanitation and social distancing requirements; however, indoor movie theaters, concert stages, live theaters, and other places of public amusement, such as water parks, zoos, museums, and theme parks, must remain closed.
  • Gyms and fitness centers, including yoga studios, dance studios, and martial arts studios, may reopen, subject to restrictions and occupancy limits set forth in the order.
  • Community pools and most sports facilities, including golf courses, driving ranges, baseball and soccer fields, tennis courts, and basketball courts, may open for non-contact sports.  Contact sports are not permitted, but conditioning and non-contact drills for such sports may take place.  Bowling alleys and skating rinks remain closed.
  • Youth day camps may commence on June 1, 2020, subject to screening and face coverings for both employees and campers.  Overnight camps are not permitted.
  • Day care facilities for adults with development disabilities may reopen on June 1, 2020, for day services, subject to guidelines set by the Bureau of Developmental Disability Services.
  • Gatherings and meetings may have up to 100 people, provided social distancing requirements can be accomplished.  Multi-day meetings are strongly discouraged.

Updated: May 4, 2020

EXECUTIVE ORDER 20-26 EXTENDS EXECUTIVE ORDER 20-22 AND ESTABLISHES A ROADMAP FOR REOPENING INDIANA, EFFECTIVE MAY 1, 2020

KEY UPDATES:

Executive Order 20-26, dated May 1, 2020, sets forth a roadmap for reopening Indiana.  It becomes effective at 11:59 p.m. on May 1, 2020, and remains in effect until May 23, 2020 at 11:59 p.m..  The Order sets forth a phased approach to re-opening Indiana’s economy.  The order encompasses directives only for Stages 1 & 2; additional orders will be issued with directives for Stages 3-5.

• Local ordinances, directives, and orders may be more restrictive.
• The impact of COVID-19 will be assessed on a county-by-county basis to determine if that county will be permitted to advance to the next stage. 
• All employers must comply with safety and health standards established and enforced by IOSHA.  On or before May 11, 2020, all employers must develop a plan to implement measures to ensure a safe environment. The plan must address, at a minimum:
  • Instituting an employee health screening process;
  • Employing enhanced cleaning and disinfecting protocols for the workplace, including regularly cleaning high-touch surfaces;
  • Enhancing the ability of employees, customers and clients to wash hands or take other personal hygiene measures such as the use of hand sanitizer.
  • Complying with social distancing requirements established by the CDC.

• STAGE 1 retains the restrictions and limitations set forth in Executive Order 20-22.  Stage 1 will remain in effect in each county until at least May 4, 2020. 
  • On May 4, 2020 at 11:59 p.m. through May 23, 2020, at 11:59 p.m., all counties except for Cass, Lake, & Marion may advance to Stage 2. 
  • On May 11, 2020 at 11:59 p.m. through May 23, 2020, at 11:59 pm, Lake and Marion Counties will be permitted to advance to Stage 2.
  • On May 18, 2020 at 11:59 p.m. through May 23, 2020, at 11:59 pm, Cass County will be permitted to advance to Stage 2.

• STAGE 2: Once a county advances to Stage 2, the following changes from the limitations set forth in Executive Order 20-22 apply:
  • All retail businesses may open to the public under the following restrictions:
    • They must limit customers to no more than 50% of occupational capacity;
    • They should limit their hours of operation and consider implementing separate operating hours for the elderly and other vulnerable customers;
    • They should require employees (and consider requiring customers) to wear face coverings;
    • They shall comply with social distancing and other separation measures, sanitation of applicable areas, and take other mitigation measures to protect employees and the public; and
    • Malls shall limit the number of individuals in common areas around retail businesses to no more than 25% of occupancy capacity.
    • Though not required, they are encouraged to continue online or call-in ordering with delivery or curbside pickup.
  • Restaurants may reopen one week after their county is designated as Stage 2.  For example, for counties advancing to Stage 2 as of May 4, 2020, restaurants may open for in-person dining on May 11, 2020.  Restaurants are subject to the following requirements:
    • In-person dining is limited to no more than 50% of seating capacity, with reservations being required when practicable.
    • Bar areas, bars, and taverns must remain closed, and live music is not permitted
    • Restaurants must implement the following social distancing and sanitation measures:
      • Tables and booths should be spaced at least 6 feet apart;
      • Parties should be 6 persons or fewer;
      • Self-service stations are not permitted;
      • Staff should be screened for COVID-19 symptoms before being allowed to work; and
      • Staff should wear face coverings.
  • Personal Services (including spas, salons, barber shops, tattoo parlors, and massage parlors) may reopen one week after their county is designated as Stage 2, subject to the following restrictions:
    • Workstations shall be spaced to achieve social distancing
    • Workstations must be cleaned after each customer;
    • Services should be by appointment only;
    • Employees, and customers to the extent practicable, must wear face coverings.

• Professional services and other office-based businesses should still be conducted virtually or by telephone when reasonably possible, but  employers needing on-site work should return staff in phases.

Updated: April 7, 2020

EXECUTIVE ORDER 20-08 EXTENDED BY EXECUTIVE ORDER 20-18 THROUGH APRIL 20, 2020

KEY UPDATES:
Executive Order 20-18, dated April 6, 2020, replaces Executive Order 20-08 and remains in effect until April 20, 2020 at 11:59pm and incorporates the following material changes from Order 20-08:

• All Essential Business and Operations shall comply with CDC social distancing requirements.
• All employers must comply with health and safety standards guidelines implemented and enforced by OSHA.
• Retail businesses providing the necessities of life are now designated as Essential Business and Operations and such businesses:
  • Should limit the numbers of customers to comply with CDC social distancing guidelines
  • Should limit hours of operation and consider implementing hours for vulnerable customers
• Sale, transportation, storage, etc. of firearms are now designated as Essential Business and Operations.
• Certain businesses have been removed from the list of Essential Business and Operations; however, all such businesses appear to be subsumed by the other categories of Essential Business and Operations.
• The following enforcement measures are now implemented for noncompliance with the Order (in order of occurrence):
  • A verbal warning
  • A written order to cease the noncompliant activity
  • An order to close the business (which triggers a review for revocation of license to operation and criminal prosecution)
  • A knowing violation of the Order is a misdemeanor punishable by up to 180 days’ incarceration and a $1000 fine

Key Documents

CURRENT Executive Order 20-28

PRIOR Executive Order 20-26

Executive Order 20-24

PRIOR Executive Order 20-22

PRIOR Executive Order 20-18

PRIOR Executive Order 20-08

UPDATED Essential Business List