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On April 2, 2020, Ohio Governor Mike DeWine announced that Ohio Department of Health Director Dr. Amy Acton issued an Amended Stay-at-Home Order (Amended Order) for all of Ohio. The Amended Order extends the directive set forth in the March 22 Stay-at-Home Order that all individuals currently within the state of Ohio stay at home or at their place of residence, except as allowed in the Amended Order, through 11:59 p.m. on May 1, 2020.

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The Amended Order also provides additional guidance on Essential Businesses and Operations, identifies restrictions on seasonal outdoor activities, implements additional travel restrictions and creates a dispute resolution process for conflicting determinations by local health departments.

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Essential Businesses and Operations Clarified

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The Amended Order includes the following clarifications regarding activities and entities that qualify as Essential Businesses and Operations:

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Recognizing that warmer weather brings with it seasonal outdoor activities, the Amended Order was extended to prohibit certain group activities.

Recreational sports tournaments, organized recreational sports leagues and day camps are prohibited. Pools (other than home swimming pools) and campgrounds are closed. Individuals who live in recreational vehicles, mobile homes, cabins and other fixed structures at campgrounds meant for single families may remain if they have no other viable place of residence.

Anyone traveling to Ohio from out of state with the intent to stay in Ohio is asked to self-quarantine for 14 days. This does not apply to individuals who, as part of their normal life, reside in one state but work in another state.

In addition, individuals who have tested positive for, are presumptively diagnosed with or are exhibiting symptoms of COVID-19 cannot enter Ohio, with limited exceptions, such as for receiving medical care here. This restriction does not apply to permanent residents of Ohio.

Enforcement, Penalties and Dispute Resolution

The Amended Order clarifies that local health departments and health officials have the authority to enforce quarantine and isolation orders issued by the Department of Health, but it does not require local health departments to provide advisory opinions to nongovernmental entities regarding their operations. An individual who violates an order issued by a health director or health department can be convicted of a second-degree misdemeanor, which can result in a fine of up to $750 and/or up to 90 days in jail.

Recognizing the potential for uneven application of the Amended Order, Dr. Acton also announced the creation of a Dispute Resolution Commission. If a local health department makes a determination under the Amended Order that conflicts with another local health department’s determination, the Ohio Department of Health, the local health department, or any entity or person subject to the determination may submit the conflict to the Dispute Resolution Commission.

The panel’s decisions, which will be made public, will be final and have the force of law, with no right of appeal.

The Amended Order goes into effect at 11:59 p.m. on April&nbsp;6, 2020.

The Amended Order will remain in effect until 11:59 p.m. on May 1, 2020, unless the Ohio Department of Health Director rescinds or modifies it at a sooner time and date.

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

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

Thomas F. Zych 216.566.5605 <a href="mailto:Tom.Zych@ThompsonHine.com">Tom.Zych@ThompsonHine.com</a>

Stephanie M. Chmiel 614.469.3247 <a href="mailto:Stephanie.Chmiel@ThompsonHine.com">Stephanie.Chmiel@ThompsonHine.com</a>

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

https://admin.aboutpmc.com/wp-content/uploads/sites/2/2022/10/COVID-19_Update_-_Ohios_Amended_Stay-at-Home_Order.pdf

Ohio’s Amended Stay-at-Home Order