Illinois Enters Phase 3 Reopening with Executive Order 2020-38

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On May 29, 2020, Illinois Governor J.B. Pritzker issued Executive Order 2020-38, Restoring Illinois – Protecting our Communities. Executive Order 2020-38 can be found here. This Executive Order supersedes Governor Pritzker's prior Executive Order instructing individuals to "Stay at Home" and identifying certain businesses as "essential". "The intent of this Executive Order is to safely and conscientiously resume activities that were paused as COVID-19 cases rose exponentially and threatened to overwhelm our healthcare system."

Several provisions of Executive Order 2020-38 require operation in accordance with guidance from the Illinois Department of Commerce and Economic Opportunity (DCEO), which we wrote about in our article entitled: Illinois Publishes Business Toolkit For Phase 3 Re-Opening.

The Executive Order, which is expected to remain in effect until June 27, 2020, include the following:

All businesses must:

Retail stores must ensure all employees practice social distancing and must take appropriate additional public health precautions, in accordance with DCEO guidance, which include:

Manufacturers must ensure all employees practice social distancing and must take appropriate additional public health precautions, in accordance with DCEO guidance, which include:

Employers in office buildings must ensure all employees practice social distancing and must take appropriate additional public health precautions, in accordance with DCEO guidance, which may include:

All businesses that offer food or beverages for on-premises consumption—including restaurants, bars, grocery stores, and food halls—must suspend service for and may not permit on-premises consumption, except as permitted by DCEO guidance. All businesses covered in this section may permit outdoor on-premises food and beverage consumption in accordance with DCEO guidance and when permitted by local ordinances and regulations.

Fitness and exercise gyms may be open for the following activities, but must conduct business in a manner consistent with DCEO guidance: Personal training sessions involving one trainer and one customer; outdoor training in groups no larger than 10 with social distancing; sale of retail merchandise; and onsite filming or streaming of remote classes conducted by a single trainer.  Fitness and exercise gyms may not allow other activities, including member workouts, because of the heightened risk of transmission of COVID-19 when people exercise together and share equipment in an indoor space.

Personal services facilities such as spas, hair salons, barber shops, nail salons, waxing centers, tattoo parlors, and similar facilities may be open but must ensure the use of face coverings, adherence to social distancing requirements, and use of capacity limits in accordance with DCEO guidance.

Businesses offering outdoor recreation, youth day camps, and youth sports may be open but must ensure the use of face coverings, adherence to social distancing requirements, and must take other public health steps in accordance with DCEO guidance.

Except as permitted by this Executive Order or by DCEO guidance, places of public amusement must remain closed to the public.  Places of public amusement include but are not limited to, locations with amusement rides, carnivals, amusement parks, water parks, aquariums, zoos, museums, arcades, fairs, children’s play centers, playgrounds, theme parks, bowling alleys, movie and other theaters, and concert and music halls. 

For advice complying with this Executive Order, contact the attorneys at Burke, Warren, MacKay & Serritella, P.C.

330 North Wabash Avenue, Suite 2100
Chicago, Illinois 60611-3607
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F: 312.840.7900