Arizona Gov. Doug Ducey issued an executive order on Monday, March 30, promoting his “Stay Home, Stay Healthy, Stay Connected” policy that “promotes physical distancing, while also encouraging social connectedness.”
The order provides no information about any penalties and explicitly allows people to work and volunteer; obtain necessary supplies, engage in activities essential for the health and safety; care for a family member, friend or pet; engage in outdoor exercise activities, such as walking, hiking, running, biking or golfing; and engage in constitutionally protected activities such as speech and religion, and any legal or court process. The order explicitly forbids law enforcement or any government official from requiring documentation from anyone in Arizona regarding the order.
Read the full order here:
GOVERNOR DOUGLAS A. DUCEY
STATE OF ARIZONA
EXECUTIVE ORDER Executive Order 2020-18
Stay Home, Stay Healthy, Stay Connected
Physical Distancing to Mitigate COVID-19 Transmission
WHEREAS, Arizona is committed to combating COVID—19, Which represents a serious threat to public health; and
WHEREAS, the State of Arizona has taken proactive actions to mitigate the risk of COVID-l9 to public health and address the economic impact of the COVID-19 pandemic; and
WHEREAS, on March ll, 2020, pursuant to A.R.S. §26-303 and 36-787, I, as Governor of the State of Arizona, issued a declaration of a Public Health State of Emergency due to the necessity to prepare for, prevent, respond to, and mitigate the spread of COVID-19; and
WHEREAS, on March 15, 2020, a statewide school closure was issued in coordination with Superintendent of Public Instruction Kathy Hoffman, later extended on March 30, 2020, through the end of the school year; and
WHEREAS, many businesses have greatly reduced their hours and operations as directed by health officials and in an effort to protect the public health and slow the spread of COVID-19; and
WHEREAS, on March 17, 2020, following updated guidance from the Centers for Disease Control and Prevention (CDC), the Arizona Department of Health Services (ADHS) issued updated guidance that included canceling 0r postponing gatherings of 10 or more people, recommending telework and other alternatives, restricting access to nursing homes, retirement homes and long-term care facilities to provide critical assistance, and providing recommendations to restaurants and eating establishments to mitigate the risk of COVID-l9 transmission; and
WHEREAS, on March 19, 2020, Executive Order 2020-09 was issued requiring restaurants in Arizona counties With confirmed COVID-l9 cases to provide dine-out options only and required all bars, gyms and movie theaters in those counties to close; and
WHEREAS, on March 19, 2020, Executive Order 2020-10 halted all elective surgeries in the State of Arizona to free up medical resources and maintain the capacity for hospitals and providers to continue offering Vital services; and
WHEREAS, essential services were identified in Executive Order 2020-12 as those specifically necessary to promote the public health, safety and welfare of the state or assist others in fulfilling such functions; and
WHEREAS, to combat COVID—19, and at the recommendation of the state’s health officials, the State of Arizona must continue its efforts by further limiting potential exposure through a policy of physical distancing while maintaining social connectedness; and
WHEREAS, pursuant to A.R.S. §§ 26-303(E), the Governor of Arizona, after a Declaration is issued, has “the right to exercise, within the area designated, all police power vested in the state by the constitution and laws of this state”; and
WHEREAS, pursuant to A.R.S. § 36-787(A), during a State of Emergency declared by the Governor, the Arizona Department of Health Services has primary jurisdiction, responsibility and authority for:
(1) Planning and executing public health emergency assessment, mitigation, preparedness response and recovery of the State;
(2) Coordinating public health emergency response among State, local and tribal authorities;
(3) Collaborating with relevant federal government authorities, elected officials or other states, private organizations and private sector companies; and
(4) Coordinating recovery operations and mitigation initiatives subsequent to public health emergencies; and
WHEREAS, on March 30, 2020, the Director of the Arizona Department of Health Services, based on an epidemiological assessment of Arizona specific data and in alignment With CDC guidance, recommended the state implement enhanced mitigation strategies.
NOW, THEREFORE, 1, Douglas A. Ducey, Governor of the State of Arizona, by Virtue of the authority vested in me by the Constitution and laws of the State, including but not limited to A.R.S. §26-303 and after consultation with the Director of the Arizona Department of Health Services, do hereby order, effective at 5:00 p.111. on March 31, 2020:
1. Arizona shall institute a “Stay home, Stay healthy, Stay connected” policy that promotes physical distancing, While also encouraging social connectedness. This builds on actions the state has already taken, and further memorializes some already in effect, to slow the spread of COVID-19 and protect our citizens.
2. Under this policy, all individuals in the State of Arizona shall limit their time away from their place of residence or property, except:
a. To conduct or participate in Essential Activities.
b. For employment, to volunteer or participate in Essential Functions.
c. To utilize any services or products provided by Essential Businesses.
d. Employment, if as a sole proprietor or family owned business, work is conducted in a separate office space from your home and the business is not open to serve the public.
e. No person shall be required to provide documentation or proof of their activities to justify their activities under this order.
3. Arizonans are encouraged to improve social connectedness, resiliency, and help-seeking behavior by:
a. Maintaining ongoing connections and communication with current social supports and structures such as family, friends, neighbors and other social groups;
b. Educating fellow Arizonans on the negative health impacts of social isolation; Developing habits and activities that increase resilience, such as physical activity,
c. Virtual social gatherings, assisting neighbors, implementing or participating in connection campaigns for at-risk populations, and participating in volunteer activities;
d. Sharing information and awareness of newly available social services and resources to improve the stability of families and reduce financial stressors; and
e. Sharing information and awareness of resources in the community by providing information on where and how high risk populations can access suicide prevention services throughout Arizona, including specific resources that are targeted to high risk populations.
4. Under this policy, Essential Activities include:
a. Obtaining necessary supplies and services for family, household members and pets, such as groceries, food and supplies for household consumption and use, supplies and equipment needed to work from home, assignments for completion of distance learning and products necessary to maintain safety, sanitation and essential maintenance of the home and residence.
b. Engaging in activities essential for the health and safety of family, household members and pets, including things such as seeking medical, behavioral health or emergency services and obtaining medical supplies or medication.
c. Caring for a family member, friend, or pet in another household or residence, which includes but is not limited to transportation of a family member, friend or their pet for essential health and safety activities and to obtain necessary supplies and services for the other household.
d. Engaging in outdoor exercise activities, such as walking, hiking, running, biking or golfing, but only if appropriate physical distancing practices are used.
e. Attending or conducting work or volunteering in Essential Functions Which includes but is not limited to transporting children to child care services for attending work in an essential service.
f. Engaging in constitutionally protected activities such as speech and religion, and any legal or court process provided that such is conducted in a manner that provides appropriate physical distancing to the extent feasible.
5. To the extent individuals are using shared or outdoor spaces when outside their residence or property for Essential Activities, they shall to the extent possible maintain physical distancing of at least six feet from any other person, consistent with guidance from the CDC.
6. All persons may leave their place of residence only for Essential Activities, to participate in or receive Essential Governmental Functions, or to participate in or fulfill Essential Functions outlined in Executive Order 2020-12.
7. Individuals shall limit use of public transportation to when absolutely necessary to obtain or conduct Essential Activities or attend work in an Essential Function. While using public transportation, riders shall maintain to the extent possible recommended physical distancing of at least six feet fiom other riders and the operator.
8. Individuals experiencing homelessness are exempt from this directive, but are strongly urged to obtain shelter as soon as possible and to the maximum extent practicable.
9. Individuals whose residences are unsafe or become unsafe, such as Victims of domestic violence, are permitted and urged to leave their home and stay at a safe alternative location.
10. For purposes of this Executive Order, homes or residences include hotels, motels, shared rental units, shelters, and similar facilities.
11. Businesses and entities that remain open shall implement rules and procedures that facilitate physical distancing and spacing of individuals of at least six feet.
a. All businesses that are classified as Essential Functions may remain open and maintain operations, but shall establish and implement social distancing and sanitation measures established by the United States Department of Labor or the Arizona Department of Health Services.
b. Essential Functions conducted by governmental entities shall remain open. Government leaders may adjust operations to promote physical distancing, including but not limited to offering on-line services as feasible, limiting the number of persons in a physical space or limiting access to specific facilities or areas to protect from the spread of COVID-19.
c. Employment in Essential Businesses and Operations means an essential employee performing work for an Essential Function as identified in the “Prohibiting the Closure of Essential Services” Executive Order list.
12. Non—essential businesses may continue to operate those activities that do not require in—person, on-site transactions and are encouraged to maintain at least minimum basic operations that maintain the value of the business’ inventory, preserve the condition of the business’ physical plant and equipment, ensure security, process payroll and employee benefits, facilitate employees of the business being able to continue to work remotely from their residences, and related functions to include mail pickup.
13. This Executive Order shall not be construed to prohibit working from home, operating a single owner business with no in—person, on—site public interaction, or restaurants and food services providing delivery or take-away services, so long as proper physical distancing and sanitation measures are established and implemented.
14. Arizonans are already acting responsibly during this public health emergency. The intent of this Executive Order is to ensure that people maintain physical distance to the maximum extent feasible, while enabling essential services to continue, protecting people’s rights and slowing the spread of COVID-l9 to the greatest extent possible. When people need to leave their places of residence, whether to perform Essential Activities, or to otherwise facilitate authorized activities necessary for continuity of social and commercial life, they should at all times and as much as reasonably possible comply with physical distancing recommendations.
All provisions of this Executive Order shall be interpreted to effectuate this intent. Prior to any enforcement action being taken to enforce this order in accordance with A.R.S. § 26-317, a person shall be notified and given an opportunity to comply.
15. Pursuant to A.R.S. § 26-307, no county, city or town may make or issue any order, rule or regulation that conflicts with the policy, directives or intent of this Executive Order, including any order, rule or regulation that limits an individual from conducting, participating in or receiving Essential Services, Essential Activities or Non—essential Services as outlined in this order and prior executive orders.
16. If any provision of this Executive Order or its application to any person or circumstance is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or application of this Executive Order, which can be given effect without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are declared to be severable.
17. This Executive Order shall be in effect until April 30, 2020, unless extended.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Arizona.
/s/ Doug Ducey
GOVERNOR
DONE at the Capitol in Phoenix on this Thirtieth Day of March in the Year Two Thousand and Twenty and of the Independence of the United States of America the Two Hundred and Forty-Fourth.
ATTEST:
/s/ Katie Hobbs
Secretary of State
List of “Essential Services”
GOVERNOR DOUGLAS A. DUCEY
STATE OF ARIZONA
EXECUTIVE ORDER Executive Order 2020-12
PROHIBITING THE CLOSURE OF ESSENTIAL SERVICES
WHEREAS, both the state of Arizona and the federal government have declared a public health emergency to address the 2019 novel Coronavirus (COV1D-19); and
WHEREAS, the President of the United States has declared a national emergency due to both the health and economic implications of the COV1D-19 virus; and
WHEREAS, the disease caused by COVID-19 is contagious and can be fatal, resulting in the World Health Organization declaring it a global pandemic; and
WHEREAS, the State of Arizona has experienced community spread of COVID-19 in multiple counties as it continues to spread across the country and the state, posing an increasing threat to public health and having a devastating impact on the economy; and
WHEREAS, on March 16, 2020, the United States Centers for Disease Control and Prevention issued updated guidance recommending that individuals avoid social gatherings of more than 10 people and use drive-thru, pickup, or delivery options at restaurants and bars to slow the spread of the disease; and
WHEREAS, a number of states and local governments throughout the nation have taken action to restrict the movement of individuals from their homes in an effort to prevent the spread of the disease; and
WHEREAS, such orders requite first responders and other governmental officials to enforce such orders at a time when such personnel are needed to ensure the safety and security of our communities; and
WHEREAS, while officials work to prevent the spread of COVID-19, it is also necessary to ensure that essential services continue to be provided and are available to the population to ensure the health, safety and welfare of every person; and
WHEREAS, action is necessary in order to ensure continuity of operations throughout the State that support the efforts to prevent, mitigate and respond to COVID-19.
NOW, THEREFORE, I, Douglas A. Ducey, Governor of the State of Arizona, by virtue of the authority vested in me by the Constitution and laws of this state, hereby order as follows:
1, No county, city or town may make or issue any order, rule or regulation that restricts or prohibits any person from performing any function designated by either the Governor, the Director of the Arizona Department of Health Services, or the Division of Emergency Management as an essential function during the COVID-19 public health emergency.
2. Any order restricting persons from leaving their home due to the COVID-19 public health emergency issued by a county, city or town shall be consistent with advice from the Arizona Department of Health Services. Any such restrictions shall be coordinated with the State prior to issuance.
3. An essential function is defined as one specifically identified as such or a function that promotes the public health, safety and welfare of the state or assists others in fulfilling such functions. The following includes categories of essential functions and shall include but not be limited to:
a. Healthcare and Public Health Operations: includes but is not limited to: hospitals; clinics; dental offices; pharmacies; public health entities, including those that compile, model, analyze and communicate public health information; pharmaceutical, pharmacy, medical device and equipment, and biotechnology companies (including operations, research and development, manufacture and supply chain); organizations collecting blood, platelets, plasma, and other necessary materials; eye care centers, including those that sell glasses and contact lenses; home healthcare services providers; mental health and substance use providers; other healthcare facilities and suppliers; providers of any related and/or ancillary healthcare services; entities that transport and dispose of medical materials and remains; manufacturers, technicians, logistics and warehouse operators, and distributors of medical equipment, personal protective equipment. (PPE), medical gases, pharmaceuticals, blood, platelets and plasma products, vaccines, testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, and tissue and paper towel products; veterinary care and all healthcare services provided to animals. This includes doctors, nurses and any other classification of medical personnel necessary to operate those functions in this category. This category of essential services shall be construed broadly to avoid any impacts to the delivery of healthcare, broadly defined. Healthcare and Public Health Operations does not include fitness and exercise gyms.
b. Human Services Operations: includes but is not limited to: long-term care facilities; residential settings and shelters for adults, seniors, children and/or people with developmental disabilities, intellectual disabilities, substance use disorders, and/or mental illness; transitional facilities; home-based settings to provide services to individuals with physical, intellectual, or/or developmental disabilities, seniors, adults, and children; field offices that provide and help to determine eligibility for basic needs including food, cash assistance, medical coverage, child care, vocational services, rehabilitation services; developmental centers; adoption agencies; businesses that provide food, shelter, and social services, and other necessities of life for economically disadvantaged individuals, individuals with physical, intellectual and/or developmental disabilities, or otherwise vulnerable individuals. Human Services Operations shall be construed broadly to avoid any impacts to the delivery of human services, broadly defined.
c. Essential Infrastructure Operations: includes but is not limited to: food production, distributions, and sale; construction (including, but not limited to, construction required in response to this public health emergency, hospital construction, construction of long-term care facilities, public works construction, and housing construction); building management and maintenance; landscape management; airport operations; operation and maintenance of utilities, including water, sewer and gas; electrical (including power generations, distribution, and production of raw materials); distribution centers; oil and biofuel refining; roads, highways, railroads and public transportation; ports; cybersecurity operations; flood control; solid waste and recycling collection and removal; internet, video and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services, business infrastructure communications and web-based services). Essential Infrastructure shall be construed broadly to avoid any impacts to essential infrastructure, broadly defined.
d. Essential Governmental Functions: includes but is not limited to: park personnel that provide admission, maintenance and operation of park facilities that provide outdoor recreation; all first responders, emergency management personnel, emergency dispatchers and those supporting 911 services; court personnel, law enforcement and corrections personnel; hazardous materials responders; child protection and child welfare personnel; housing and shelter personnel; military and other governmental employees working for or to support Essential Businesses and Operations. Essential Government Functions means all services provided by the State or any county, city, town or political subdivision thereof and needed to ensure the continuing operation of the government agencies or to provide for or support the health, safety and welfare of the public. Essential Government Functions also includes contractors performing or supporting such functions. Each government body shall determine its Essential Governmental Functions and ensure a plan is in place for the performance of these functions. This order does not apply to the United States government or to a tribal entity, however, any employee, official or contractor of the United States government shall not be restricted from performing their functions under law.
e. Essential Businesses and Optrations: includes but is not limited to Healthcare and Public Health Operations, Human Services Operations, Essential Governmental Functions and Essential Infrastructure Operations as well as the following:
1.) Stores that sell groceries and medicine: Grocery stores, pharmacies, certified farmers’ markets, farm and produce stands, supermarkets, convenience stores, and other establishments engaged in the retail sale of groceries, canned food, dry goods, frozen foods, fresh fruits and vegetables, pet supplies, fresh meats, fish and poultry, alcoholic and non-alcoholic beverages, and any other household stores that sell groceries, medicine, including medication not requiring a medical prescription, and also that sell other non-grocery products, and products necessary to maintaining the safety, sanitation and essential operation of residences and Essential Businesses and Operations.
ii.) Food, beverage and agriculture: Food and beverage manufacturing, production, processing, and cultivation, including farming, livestock, fishing, baking; and other production of agriculture, including cultivation, marketing, production, and distribution of animals and goods for consumption and businesses that provide food, shelter and other necessities for life for animals, including animal shelters, rescues, shelters, kennels and adoption facilities.
iii.) Outdoor recreation activities: any outdoor recreation area, park, site or trail that provides opportunities for outdoor recreation with social distancing such as walking, hiking and biking. This includes golf courses if restrictions on food and beverage service under Executive Order 2020-09 are followed.
iv.) Organizations that provide charitable and social services: Businesses and religious and secular nonprofit organizations, including food banks, when providing food, shelter and social services and other necessities of life for economically disadvantaged or otherwise vulnerable individuals who need assistance as a result of this emergency and people with disabilities.
v.) Media: Newspapers, television, radio and other media services.
vi.) Gas stations and businesses needed for transportation: Gas stations and auto-supply, auto-repair and related facilities, truck stops, and bicycle shops and related facilities.
vii.) Financial institutions: Banks, currency exchanges, consumer lenders, including but not limited to payday lenders, pawnbrokers, consumer installment lenders and sales finance lenders, credit unions, appraisers, title companies, financial markets, trading and futures exchanges, affiliates of financial institutions, entities that issue bonds, related financial institutions and institutions selling financial products.
viii.) Hardware and supply stores: Hardware stores and businesses that sell electrical, plumbing and heating materials.
ix.) Critical trades: Building and Construction Tradesmen and Tradeswomen and other trades including but not limited to plumbers, electricians, exterminators, cleaning and janitorial staff for commercial and governmental properties, security staff, operating engineers, HVAC, painting, moving and relocations services, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, essential activities and essential businesses and operations.
x.) Mail, post. shipping. logistics. delivery and pick-up services: Post offices and other businesses that provide shipping and delivery services, and businesses that ship or deliver groceries, food, alcoholic and non-alcoholic beverages, goods or services to end users or through commercial channels.
xi.) Educational institutions: Educational institutions-including public and private pre-K-12 schools, colleges and universities-for purposes of facilitating distance learning, performing critical research, or performing essential functions, provided that social distancing of six-feet per person is maintained to the greatest extent possible. This Executive Order is consistent with and does not amend or supersede any order by the Governor and Superintendent in effect to close schools, except that affected schools are ordered closed through April 10, 2020.
xii.) Laundry services: Laundromats, dry cleaners, industrial laundry services and laundry service providers.
xiii.) Restaurants for consumption off-premises: Restaurants and other facilities that prepare and serve food, but only for consumption off-premises, through such means as in-house delivery, third-party delivery, drive-through, curbside pick-up and carryout. Schools and other entities that typically provide food services to students or members of the public may continue to do so on the condition that the food is provided to students or members of the public on a pick-up and take away basis only. Schools and other entities that provide food services under this exemption shall not permit the food to be eaten at the site where it is provided or at any other gathering site. This order is consistent with and does not supersede Executive Order 2020-09, xiv.) Supplies to work from home: Businesses that sell, manufacture, or supply products needed for people to work from home or conduct distance learning.
xv.) Supplies for Essential Businesses and Operations: Businesses that sell, manufacture, or supply other Essential Businesses and Operations with the support or materials necessary to operate, including computers, audio and video electronics, household appliances; IT and telecommunication equipment; hardware, paint, flat glass; electrical, plumbing and heating material; sanitary equipment; personal hygiene and products; food, food additives, ingredients and components; medical and orthopedic equipment; optics and photography equipment; diagnostics, food and beverages, chemicals, soaps and detergent; firearm and ammunition suppliers and retailers for purposes of safety and security.
xvi.) Transportation: Airlines, taxis, transportation network providers (such as Uber and Lyft), vehicle rental services, paratransit, and other private, public and commercial transportation and logistics providers necessary for all categories of “Essential Operations” as defined in this order.
xvii,) Home-based care and services: Home-based care for adults, seniors, children, and/or people with developmental disabilities, intellectual disabilities, substance use disorders, and/or mental illness, including caregivers such as nannies who may travel to the child’s home to provide care and other in-home services including meal delivery.
xviii.) Residential facilities and shelters: Residential facilities and shelters for adults, seniors, children and/or people with developmental disabilities, intellectual disabilities and substance use disorders and/or mental illness.
xix.) Professional and personal services: Professional services, such as legal services, accounting services, insurance services, personal hygiene services with additional sanitization precautions as recommended for businesses by the Arizona Department of Health Services and real estate services (including appraisal and title services).
xx.) Day care centers for employees exempted by this Executive Order: Day care centers providing care for individuals serving in any essential services category.
xxi.) Manufacture. distribution and supply chain for critical products and industries: Manufacturing companies, distributors and supply chain companies producing and supplying essential products and services in and for industries such as pharmaceutical, technology, biotechnology, healthcare, chemicals and sanitizations, waste pickup and disposal, agriculture, food and beverage, transportations, energy, steel and steel products, petroleum and fuel, mining, construction, national defense, communications as well as products used by other Essential Businesses and Operations.
xxii.) Hotels and motels: Hotels and motels, to the extent used for lodging and delivery or carryout food services.
xxiii.) Funeral services: Funeral, mortuary, cremation, burial, cemetery and related services.
4. At the Governor’s discretion and in conjunction with the Director of Health Services or the Division of Emergency Management, categories of essential services or operations may be added to this list, which will be maintained on the Governor’s website at www.azgovcrnor.gov.
5. Nothing in this order is meant to preclude an employer from encouraging, allowing or requiring an employee to use telework as a way to conduct essential operations as long as there is no interruption in essential services or operations.
6. All state and local agencies shall update their list of essential services to conform with this Executive Order.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Arizona.
GOVERNOR DONE at the Capitol in Phoenix on this twenty- third day of March in the Year Two Thousand and Twenty and of the Independence of the United States of America the Two Hundred and Forty-Fourth.
ATTEST: Secretary of State
