California Counties Take Different Routes Along the Resilience Roadmap

On May 12, 2020, California moved further into reopening businesses pursuant to its "Stage 2" plans. In addition to allowing for greater access to retail through curbside pickup and delivery, the Stage 2 plans allow for resumption of related logistics and manufacturing activities, essential businesses, offices in all sectors, outdoor museums and limited personal services such as car washes, pet grooming, dog walking services, appliance repair, plumbing, and residential and janitorial cleaning. Furthermore, retailers on the Essential Critical Infrastructure Workers list can open for in-store shopping.

Brick-and-mortar locations that may open to in-store shopping include pharmacies, gas stations and stores for medical goods and supplies, food and beverages, animal and pet food, consumer electronics, technology, appliances, and hardware and building materials. The curbside/delivery-only retailers are stores that sell books, jewelry, toys, flowers, clothing, shoes, sporting goods and home furnishings. However, businesses in counties with more restrictive orders may need to wait to reopen.

Some counties have rescinded their local stay-at-home orders to align with the state while others have not. In the Bay Area, which includes Alameda, Contra Costa, Marin, San Francisco, Santa Clara, San Mateo Counties and the City of Berkeley, for example, there is a split. San Mateo and Marin have each elected to amend their orders to move into Stage 2 reopening. The other local orders continue with their broader restrictions, and in those counties Stage 2 businesses remain closed. In Southern California, Los Angeles and Orange Counties are starting their Stage 2 reopening with retail (curbside and delivery only) and related logistics and manufacturing. Elsewhere in the state, more than 20 counties are opening an expanded list of Stage 2 businesses, including dine-in restaurants, swap meets, shopping malls and schools. Those counties include Amador, Butte, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Lassen, Mariposa, Modoc, Nevada, Placer, Plumas, San Benito, Shasta, Sierra, Siskiyou, Tehama, Tuolumne and Yuba-Sutter. Each has succeeded in obtaining permission from the California Department of Public Health (CDPH). CDPH is evaluating readiness for expanded Stage 2 reopening, in part, on COVID-19 testing, containment and hospital capacity in the County.

With each day and each reopening milestone, differences between counties and regions could become more pronounced as local jurisdictions choose their pathway on the Resilience Roadmap.

DISCLAIMER: Please note that the situation surrounding COVID-19 is evolving and that the subject matter discussed in these publications may change on a daily basis. Please contact your responsible Holland & Knight lawyer or the author of this alert for timely advice.