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West Virginia Governor Issues "Stay at Home Order" Effective Tuesday, March 24 at 8:00 pm

By Bob Coffield

Today the Governor of West Virginia announced a "Stay at Home Order" effective Tuesday, March 24 at 8:00 p.m. The Order does not have a duration listed but instead states that the Order will be in effect until terminated. Here is a summary FAQ issued by WVDHHR on "Staying at Home in West Virginia".

The State of West Virginia Executive Department issued Executive Order No. 9-20, March 23, 2020, provides the detailed requirements of the "Stay at Home Order" and specifically lists those essential businesses and operations that can continue along with those non-essential businesses and operations that must temporarily cease operation. The Order states,

1. Stay at home or your place of residence. To preserve public health and safety, and to ensure the healthcare system in West Virginia is capable of serving all citizens in need, especially those at high risk and vulnerable to COVID-19, all individuals within the State of West Virginia are under a general stay-at-home order and are directed to stay at home or their place of residence unless performing an essential activity. An activity is essential if the purpose of the activity is one of the following:

a. Obtaining food, medicine, and other similar goods necessary for the individual or a family member of the individual.

b. Obtaining non-elective medical care and treatment and other similar vital services for an individual or a family member of the individual.

c. Going to and from an individual's workplace if such workplace and/or work is included in the definition of Essential Businesses and Operations as outlined in Section 3, below.

d. Going to and from the home of a family member.

e. Going to and from the home of another individual who, under the terms of a parenting plan or similar agreement, is entitled to visitation with or the care of a child.

f. Going to and from an individual's place of worship.

g. Engaging in outdoor activity, provided that individuals at all times and as much as reasonably possible maintain social distancing of six feet from one another and abide by a 1 0-person limitation on gathering size.

Further, the Order outlines the following prohibited activities stating,

"All places of public amusement, whether indoors or outdoors, including but not limited to locations with amusement rides, carnivals, zoos, museums, arcades, fairs, pool halls, bingo halls, malls (except where stores in a mall that have a direct outdoor entrance and exit that provide essential services and products under the terms of this Order), children's play centers, playgrounds, bowling alleys, movie and other theaters, concert and music halls, adult entertainment venues, racetracks, social clubs, and other similar businesses shall be closed."

The Order continues by stating that,

"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 this Order. Any gathering of more than 1 0 people is prohibited unless exempted by this Order. Nothing in this Order prohibits the gathering of members of a household or residence."

Full post as published by Health Care Law Blog on March 23, 2020 (boomark / email).