Governor Hogan urged Marylanders to leave their homes only if they have an essential reason to do so.
Maryland Governor Larry Hogan issued an order to take effect at 5:00 p.m. on March 23, 2020, that will close all nonessential businesses, organizations and establishments in the state, in addition to businesses closed by previous executive orders. This follows previous orders, statewide actions and recommendations. The order excludes “Essential Critical Infrastructure” businesses as defined by the federal government, which include businesses in the following sectors: chemical, commercial facilities, communications, critical manufacturing, dams, defense industrial base, emergency services, energy, financial services, food and agriculture, government facilities, healthcare and public health, information technology, nuclear reactors, materials, and waste, transportation, and water and wastewater.
Specifically excluded from the order are: (1) federal, state and local government units, buildings and facilities; (2) newspaper, television, radio and other media services; and (3) nonprofit organizations or facilities providing essential services to low-income persons.
Interpretive Guidance Excludes Law Firms
The governor’s Office of Legal Counsel provided further guidance on the order, issuing an interpretive guidance, which provides a nonexhaustive list of sectors excluded from the order. Among others, businesses in the “government facilities sector” are not required to close. Lawyers and law firms, court reporters and bail bondsmen are included in the government facilities sector.
The full list of sectors included in the interpretive guidance are: (1) chemical; (2) commercial facilities; (3) communications; (4) critical manufacturing; (5) defense industrial base; (6) emergency services; (7) energy; (8) financial services; (9) food and agriculture (10) government facilities; (11) healthcare and public health; (12) information technology; (13) water and wastewater; and (14) supporting firms.
Not a Shelter-in-Place Order
Governor Hogan expressly stopped short of ordering a shelter in place and stated that the order does not force Marylanders to stay in their homes. However, Governor Hogan urged Marylanders to leave their homes only if they have an essential reason to do so, and stated that gathering in groups of more than 10 people remains against the law. Maryland employers are likewise urged to promote work-from-home arrangements to the greatest extent possible.
About Duane Morris
Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.
For More Information
If you have any questions about this Alert, please contact Sharon L. Caffrey, Robert B. Hopkins, any of the attorneys in our Baltimore office, any member of the COVID-19 Strategy Team or the attorney in the firm with whom you are in regular contact.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.