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On March 22, Ohio Governor Mike DeWine announced that the Director of the Ohio Department of Health, Dr. Amy Acton, issued a Stay-at-Home Order (Order) for all of Ohio, which requires all individuals currently within the state to stay at home or at their place of residence, except as allowed in the Order. All persons may leave their home or place of residence only for Essential Activities, Essential Governmental Functions, or to participate in Essential Businesses and Operations, as defined in the Order. All businesses and operations in the state, except Essential Businesses and Operations, are required to cease all activities within the state except Minimum Basic Operations. All public and private gatherings of any number of people occurring outside a single household or living unit are prohibited, except for the limited purposes permitted by the Order. Any gathering of more than 10 people is prohibited unless exempted by the Order, and only Essential Travel and Essential Activities, as defined in the Order, are permitted.

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The Order goes into effect at 11:59 p.m. on Monday, March 23, and will last until at least April 6, at which time it will be reevaluated. Ohio is the seventh state to adopt such a policy, following California, Connecticut, Illinois, New York, New Jersey and Pennsylvania. The following is a summary of what the Stay-at-Home Order requires.

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Individuals may leave their residence to perform any of the following Essential Activities:

What are Essential Businesses and Operations?

Initially, Essential Businesses and Operations are entities or organizations that fall under the Order’s definitions of “Healthcare and Public Health Operations,” “Human Services Operations,” “Essential Government Functions” and “Essential Infrastructure.” In relevant part, Essential Infrastructure includes the following areas of work: construction; food production; distribution, fulfillment and storage facilities; utilities operation and maintenance; and internet, video and telecommunications systems.

Outside of these categories, Essential Businesses and Operations also include a variety of other businesses and industries, including:

Are companies that supply an Essential Business essential?

Yes. Under the Order, any company that produces and supplies essential products or services to another Essential Business and Operation will be considered “Essential” and may continue operations. This also includes companies that produce or supply essential products or services to certain “critical” industries, including construction, national defense, pharmaceutical, technology and biotechnology, healthcare, chemicals and sanitization, waste pickup and disposal, agriculture, food and beverage, transportation, energy, steel and steel products, petroleum and fuel, mining, and communications.

Additionally, any company that sells, manufactures or supplies other Essential Businesses and Operations with the “support or materials needed to operate” (i.e., computers, equipment, food and beverages, etc.) are also considered “Essential.”

If not an Essential Business, can I still operate portions of my business (payroll, mail, IT, security)?

Yes, you can still perform “Minimum Basic&nbsp;Operations,” as defined by the Order, as long as you continue to comply with social distancing requirements (to the extent possible) while carrying out those Minimum Basic Operations, which are defined as the minimum necessary activities:

Essential Travel is permitted and includes:

Do my employees need documentation to travel?

Under the Order, documentation is not required for an employee to travel to or from work if your business is deemed an Essential Business and Operation. However, because the Order’s “stay at home” provisions will be enforced by state and local law enforcement, employers should consider providing employees with appropriate documentation to support their travel to and from work.

Are there penalties for not following the Order? If not, how will it be enforced?

There is no specific mention of penalties in the Order. Like other state orders (e.g., Illinois, Pennsylvania, NJ), state and local law enforcement will enforce the order according to Ohio law. Governor DeWine stated that the Order is not intended to be “punitive,” but it is a health order, not a health suggestion. In short, every Ohioan has a responsibility to do their part. If a public official enforcing the Order has questions about what activities/services are prohibited, they are to seek advice in writing from local health officials.

Some states have noted that failure to comply could result in fines, citations or more severe measures, such as forfeiture of the ability to receive disaster relief and/or loss of the license to operate. Individuals who fail to comply with similar orders in some states (e.g., New York and California) could face punishable misdemeanors, fines and even imprisonment.

The Order goes into effect at 11:59 p.m. on Monday, March&nbsp;23, 2020.

The Order will remain in effect until 11:59 p.m. on April 6, 2020, unless the Director of the Ohio Department of Health rescinds or modifies the Order at a sooner time and date.

Nancy M. Barnes 216.566.5578 <a href="mailto:Nancy.Barnes@ThompsonHine.com">Nancy.Barnes@ThompsonHine.com</a>

Jeremy M. Campana 216.566.5936 <a href="mailto:Jeremy.Campana@ThompsonHine.com">Jeremy.Campana@ThompsonHine.com</a>

William J. Hubbard 216.566.5644 <a href="mailto:Bill.Hubbard@ThompsonHine.com">Bill.Hubbard@ThompsonHine.com</a>

Matthew R. Kissling 216.566.5586 <a href="mailto:Matthew.Kissling@ThompsonHine.com">Matthew.Kissling@ThompsonHine.com</a>

Laura Watson Schultz 216.566.5824 <a href="mailto:Laura.Schultz@ThompsonHine.com">Laura.Schultz@ThompsonHine.com</a>

Additional Resources

We have assembled a firmwide multidisciplinary task force to address clients’ business and legal concerns and needs related to the COVID-19 pandemic. Please see our <a href="https://www.thompsonhine.com/services/covid-19-task-force" target="_blank" rel="noopener">COVID-19 Task Force</a> page for additional information and resources.

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel. This document may be considered attorney advertising in some jurisdictions.

Ohio Issues Stay at Home Order