By Gary Gansle and Jill Ripke

Governor Gavin Newsom has updated California’s limited Stay at Home order with additional restrictions on a regional basis (the “Regional Stay at Home Order”).  The Regional Stay at Home Order, announced December 3, 2020, will go into effect within 48 hours in regions in California (defined below) with less than 15%  intensive care unit availability. As described in the Regional Stay Home Order FAQ, it “prohibits private gatherings of any size, closes sector operations except for critical infrastructure and retail, and requires 100% masking and physical distancing in all others.” The Regional Stay at Home Order will remain in effect for at least three weeks and will be lifted when a region’s projected ICU capacity meets or exceeds 15%. This will be assessed on a weekly basis after the initial three-week period.

The five regions and the counties making up those regions are as follows:

    • Northern California: Del Norte, Glenn, Humboldt, Lake, Lassen, Mendocino, Modoc, Shasta, Siskiyou, Tehama, Trinity
    • Bay Area: Alameda, Contra Costa, Marin, Monterey, Napa, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, Sonoma
    • Greater Sacramento: Alpine, Amador, Butte, Colusa, El Dorado, Nevada, Placer, Plumas, Sacramento, Sierra, Sutter, Yolo, Yuba
    • San Joaquin Valley: Calaveras, Fresno, Kern, Kings, Madera, Mariposa, Merced, San Benito, San Joaquin, Stanislaus, Tulare, Tuolumne
    • Southern California: Imperial, Inyo, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, Ventura

In regions where the order is triggered, the following businesses will be required to close: Restaurants for all on-site dining (but not take-out or delivery), wineries and breweries, playgrounds, indoor recreational facilities, hair salons, personal care services, museums, movie theaters, cardrooms, and family entertainment centers. Other sectors will have additional modifications; for example, retail stores and shopping centers can stay open indoors at a cap of 20% capacity. Hotels may remain open for critical infrastructure support, as can offices. Places of worship can hold outdoor services only. In what will likely be perceived as good news by parents, schools serving K-12 students will not be affected by the order. Those open for classroom instruction now can remain so. Further detail is provided in the Regional Stay at Home Order.

Importantly, the Governor’s office expressly reminded Californians that counties can have more restrictive criteria. Click here to see the status for a specific county. To go to the state’s website and review the FAQs regarding this latest updated order, click here.

Companies doing business in California should consult with experienced legal counsel about how this Regional Stay at Home Order may impact their business operations.