Wolf Administration Announces Targeted Mitigation Efforts in Response to Recent COVID Case Increases

Governor Tom Wolf and Sec. of Health Dr. Rachel Levine signed new orders for targeted mitigation efforts in response to the recent rise in COViD-19 cases. These statewide mitigation efforts will affect bars and restaurants, social gatherings, and opportunities for telework. The new orders will take effect at 12:01 A.M., Thursday, July 16, 2020.

During the past week, we have seen an unsettling climb in new COVID-19 cases,” Gov. Wolf said. “When we hit our peak on April 9, we had nearly two thousand new cases that day with other days’ cases hovering around 1,000. Medical experts looking at the trajectory we are on now are projecting that this new surge could soon eclipse the April peak. With our rapid case increases, we need to act again now.”

The mitigation efforts included in the new orders from Gov. Wolf and Dr. Levine include:

• Governor’s Orders
• Secretary of Health’s Orders
• Order Requiring Universal Face Coverings
• Order to Build Safety Measures
• Health Safety Measures for Business Related In-Person Operations

Events and gatherings must adhere to these gathering limitations: 

• Indoor events and gatherings of more than 25 persons are prohibited.
• Outdoor events and gatherings of more than 250 persons are prohibited.
• The maximum occupancy limit includes staff.

Bars and Restaurants:

All businesses in the retail food services industry, including restaurants, wineries, breweries, private clubs, and bars, are permitted to provide take-out and delivery sales of food, as well as dine-in service in both indoor and outdoor seating areas so long as they strictly adhere to the requirements of the guidance, as required by the order, including:

• Prohibited from conducting operations unless the facility offers sit-down, dine-in meals or is serving take-out sales of alcoholic beverages. All service must be at a table or booth; bar service is prohibited.
• Alcohol only can be served for on-premises consumption when in the same transaction as a meal.
• Take-out sales of alcohol for the purposes of off-site consumption are permitted subject to any limitations or restrictions imposed by Pennsylvania law.
• Non-bar seating in outdoor areas (i.e. tables or counter seats that do not line up to a bar or food service area) may be used for customer seating.
• Social distancing, masking, and other mitigation measures must be employed to protect workers and patrons.
• Occupancy is limited to 25 percent of stated fire-code maximum occupancy for indoor dining, or 25 persons for a discrete indoor event or gathering in a restaurant. The maximum occupancy limit includes staff.

Nightclubs:

All nightclubs, as defined by the Clean Indoor Air Act, 35 P.S. § 637.2, are prohibited from conducting operations.

Teleworking:

Unless not possible, all businesses are required to conduct their operations in whole or in part remotely through individual teleworking of their employees in the jurisdiction or jurisdictions in which they do business.

Gyms and Fitness Facilities:

All gyms and fitness facilities, while permitted to continue indoor operations, are directed to prioritize outdoor physical fitness activities. All activities must follow masking requirements as provided by the July 1 order and must provide for social distancing requirements of persons being at least 6 feet apart, as well as any other limitations regarding gatherings.

Enforcement

Businesses and individuals in violation of these orders, issued pursuant to the authority granted to the Governor and the Secretary of Health under the law, including the Pennsylvania Disease Control and Prevention Law, could be subject to fines, business closure or other applicable enforcement measures.

The state has identified three catalysts for case increases:

1. Some Pennsylvanians have been ignoring mask-wearing requirements and social distancing when they are visiting Pennsylvania bars and restaurants. There they are unknowingly spreading or picking up the virus.
2. Out-of-state travel. Both by Pennsylvanians returning from travel to hotspot states, and travelers visiting our commonwealth from those hotspots.
3. A lack of national coordination has resulted in states in the south and west not committing to social distancing.