Tennessee Governor Issues Safer-at-Home Orders

On March 30, 2020, Tennessee Governor Bill Lee issued Executive Order No. 21, an order amending Executive Order No. 17 to further mitigate the spread of COVID-19 by limiting non-essential services and gatherings. The order expands the list of businesses and venues that perform close-contact personal services that are required to close to the public. The Order also amends the effective date in Executive Order No. 17, so that the order remains effective until midnight CDT on April 14, 2020.

Executive Order No. 21 directs the closure of businesses or organizations that perform close-contact personal services, including, but not limited to:

• Barber shops;
• Hair salons;
• Waxing salons;
• Threading salons;
• Nail salons or spas;
• Spas providing body treatments;
• Body-art facilities or tattoo services;
• Tanning salons; or
• Massage-therapy establishments or massage services.

The Order also directs the closure of entertainment and recreational gathering venues including, but not limited to:

• Night clubs;
• Bowling alleys;
• Arcades;
• Concert venues;
• Theaters, auditoriums, performing arts centers, or similar facilities;
• Racetracks;
• Indoor children’s play areas;
• Adult entertainment venues;
• Amusement parks; or
• Roller or ice skating rinks.

The second directive issued by Gov. Lee, Executive Order No. 22, directs Tennesseans to stay home unless engaging in essential activities to limit their exposure to and spread of COVID-19. This order will take effect at midnight CDT on April 1, 2020, and remain enforceable through April 14, 2020. The Order directs the following:

• Tennesseans are urged, but not mandated, to stay at home as much as possible for a temporary period of time, except for when engaging in Essential Activity or Essential Services as defined in the Order.
• Closure of non-essential business for public use. Businesses or organizations that do not perform Essential Services shall not be open for access or use by the public or its members. Those businesses may provide delivery, including delivery curbside outside, of online or telephone orders, to the greatest extent practicable, and persons are encouraged to use any such options to support such businesses during this emergency.
• All critical infrastructure remains operational, and government entities and businesses will continue providing important and essential services.
• Essential Activity and Essentials Services should be limited, and when engaged in Essential Activity or Essential Services, persons shall at all times follow the Health Guidelines to the greatest extent practicable.
• Employers shall not require or allow employees with COVID-19 to work until that employee has satisfied the conditions for discontinuing home isolation under CDC guidelines.
• Nothing in this Order precludes an employer from encouraging, allowing, or requiring an employee to work remotely or via telework as a method of conducting Essential Services, where practicable.

Essential Activities are defined within the following categories:

1. Activities essential to health and safety;
2. Obtaining necessary services or supplies;
3. Providing, facilitating, or receiving delivery or curbside carry-out delivery;
4. Engaging in outdoor activity;
5. Caring for or visiting a family member, friend, or pet;
6. Visiting a place of worship or attending a wedding or funeral; and
7. Engaging in Essential Travel.

The full text of Executive Order No. 21 can be found here.

The full text of Executive Order No. 22 can be found here.