July 14, 2020

Volume X, Number 196

July 14, 2020

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July 13, 2020

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UPDATE: Continuing Business Operations Under More Statewide “Shelter in Place” and “Stay at Home” Orders

Since last week when we wrote about the “shelter in place” and “stay at home” orders issued in California, New York, and Illinois, many more states have issued similar orders. The general discussion from our prior alert still applies, but below is an up-to-date list of the states that have adopted the stay-at-home approach to fighting the spread of COVID-19.

Note that for states not on the list yet (and even for some that are, such as California), municipalities have also taken it upon themselves to enact and enforce similar orders and ordinances. In light of this, it is important to review both state and local orders when determining whether your business can stay open and operational. Additionally, when a state order and a local order appear to conflict, the analysis of which one wins out needs to be made on a state-by-state basis. It is also important to keep current on any updates from the jurisdictions that affect your business, since some states (e.g., Connecticut) have issued subsequent orders that clarify how the original order applies to certain businesses.

States with “Stay at Home,” “Shelter in Place,” or Similarly Restrictive Orders

Many of these orders reference the guidance offered by the U.S. Department of Homeland Security as well.

Businesses may also be affected by orders not included on this list. Most states have numerous orders, directives, and/or proclamations that are not “stay at home” or “shelter in place” but still restrict business operations. Most often these other restrictive measures apply to places of congregation, like bars, gyms, and restaurants. Under such orders, these businesses may be required to cease operations altogether, if not simply adhering to the latest guidance from the Centers for Disease Control and Prevention.

© 2020 Schiff Hardin LLPNational Law Review, Volume X, Number 86


About this Author


Rebecka has worked in a variety of practice areas including real estate, corporate compliance, government contracting of financial service products, general civil litigation, family law, and criminal appeals. She has also served as a judicial intern and law clerk in federal and state courts, and draws on this judicial experience in analyzing the best solutions for specific client issues. In addition, Rebecka draws on her background in linguistics when analyzing issues that arise concerning the development of legal language, particularly in the interpretation and...

Arthur Mitchell Corporate Lawyer Schiff Hardin

Art is a member of the Corporate and Transactional group. He assists on a variety of transactional matters for both public and private companies, including mergers and acquisitions, private equity transactions, government contracting, general contract drafting, and general corporate governance issues. Art employs a pragmatic mindset when assessing his clients’ needs to map out clear expectations and long-term solutions.

Before attending law school, Art served as Deputy Director of Legislative Affairs for Illinois Attorney General Lisa Madigan. In that role, he advanced policy positions and advocated for statutory changes before the members of the Illinois General Assembly and the Office of the Governor. His experience in government strengthened his ability to communicate complex matters to a diverse audience and discover common interests among stakeholders.