October 2, 2022

Volume XII, Number 275

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September 30, 2022

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St. Joseph County, Indiana, Issues Requirements For Restarting Business

Highlights

  • St. Joseph County Department of Health released a public health order, effective May 4, outlining requirements for restarting business.

  • Businesses that are open to public must provide hand sanitizers made up of at least 60 percent alcohol at doors and near high touch activity areas.

  • Individuals are required to wear masks in enclosed public spaces and businesses where six feet of separation cannot be maintained, with some exceptions.

On May 3, the St. Joseph County Department of Health issued Public Health Order 1-2020, following up on Indiana Gov. Eric Holcomb’s May 1 announcement of his plan to reopen the state. The local public health order establishes additional guidelines in reopening businesses, which took effect May 4 and continue until July 4. The health department reserved the right to later extend the order, as it is intended to remain in effect until 70 percent of the population of St. Joseph County has developed immunity to COVID-19.  

Changes for Businesses

Businesses that are open to customers must provide hand sanitizers made up of at least 60 percent alcohol. The hand sanitizers must be provided at entrances and near any high-touch surfaces.

Changes for Individuals

All individuals must wear a face covering when they enter an enclosed public space or place of business unless either:

  • The individual has a medical exception

  • The face covering prevents the person from receiving services

To comply, the face covering must cover both the person’s mouth and nose.

The restriction applies in any business that is open unless the place of business can maintain and ensure six feet of physical distance between both customers and employees. For example, someone alone in an office would not be required to wear a face covering, but may be required to wear one to enter the company’s breakroom. Individuals at a restaurant may remove their masks while dining, but are expected to wear their masks when entering, going to the counter or restroom, and when leaving.

Enforcement

The St. Joseph County Health Department will investigate claims of noncompliance, not the St. Joseph County, South Bend, or Mishawaka police departments. Dr. Mark Fox, St. Joseph County’s Deputy Health Officer, warned that businesses failing to comply with the order could potentially be shut down by the department. The health department has not yet commented on whether it will issue any fines for breaching the order.

Differing Approaches Throughout Indiana

While St. Joseph County and many other Indiana counties are beginning to reopen businesses with similar restrictions, some counties are taking more cautious approaches. For example, Marion County extended its stay-at-home order to remain in effect until at least May 15. Similar extensions of the stay-at-home order were ordered in Lake County (until May 11), Monroe County (until May 15), and Cass County (until May 18).

© 2022 BARNES & THORNBURG LLPNational Law Review, Volume X, Number 128
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Of Counsel

Christopher represents clients in state and federal court; regularly interacting with clients to advance their case and motivating opposing parties to resolution, when and if necessary. When resolution is possible, he zealously advocates for his client’s position and drafts settlement, release and conciliation agreements consistent with the terms his clients require.

As demonstration of his skill in advocating for his clients, he drafted a significant summary judgment motion in an 18-count complaint, which included Fair Housing Act, breach of fiduciary duty and breach of the...

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Michael Palmer Barnes Labor and Employment Litigation Law Attorney Thornburg Law Firm South Bend and Grand Rapids
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Michael Palmer is a partner in the South Bend, Indiana and Grand Rapids, Michigan offices of Barnes & Thornburg LLP. He primarily represents private and public sector employers in all aspects of labor and employment law. Mr. Palmer also devotes a portion of his practice to fair housing issues.

In his labor and employment practice, Mr. Palmer handles union-related issues, employment litigation, general employment counseling, and immigration compliance. In union-related matters, he represents management in union organizing campaigns and...

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Janilyn Brouwer Daub Labor & Employment Attorney
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Janilyn Daub defends employers in labor and employment litigation in federal and state courts, as well as before various governmental agencies, such as the OFCCP, EEOC and NLRB. She is dedicated to helping her clients with the legal issues that arise when managing a workforce, navigating them through the challenges they face while seeking to mitigate future problems and liability.

With a practice that is national in scope, Janilyn frequently advises clients on issues related to affirmative action plans, including plan preparation and defense of Office of Federal Contract Compliance...

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Jeanine Gozdecki, Barnes Thornburg Law Firm, South Bend, Labor and Employment Law Attorney
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Jeanine M. Gozdecki, a partner in the firm’s Labor & Employment Department, has spent 25 years representing, counseling and advocating for her business clients in virtually all aspects of the employment relationship. Ms. Gozdecki is recognized by the Best Lawyers in America for her employment law work and was recognized as "Lawyer of the Year" in 2013.

Ms. Gozdecki partners with her clients to develop strategies, assess risks and solve problems. She works behind the scenes to manage significant employment challenges, including...

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Teresa A. Maginn Labor & Employment Attorney Barnes & Thornburg South Bend, IN
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From 1996-2001, Teresa was the Assistant Vice President and Counsel for the University of Notre Dame, Office of the General Counsel. During her time with the university she provided advice on issues related to employment discrimination and harassment, employment policies and procedures, wage and hour issues, employee benefit plans, workers' compensation, and disability accommodation issues. She was also involved in dispute resolution via participation in settlement negotiations and arbitrations; drafting and negotiating release agreements; engaging in contract negotiations of virtually all...

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