{"id":"DE-037","kind":"order","level":"state","jurisdiction":"Delaware","state":"DE","metro":"","industry":"","agency":"","eco":"","issuer":"Governor John C. Carney","authority":"20 Del. C. ch. 31","instrument":"Twenty-Eighth Modification of the Declaration of a State of Emergency","title":"Twenty-Eighth Modification of the Declaration of a State of Emergency (Omnibus Modification and its ten Revisions struck; most business capacity restrictions eliminated effective May 21, 2021; three-foot social distancing; face-covering mandate and business duty to require masks retained; school bus distancing updated)","dateIssued":"2021-05-12","effective":"2021-05-21 8:00 a.m. E.D.T. (approved May 12, 2021 at 2:00 p.m.)","end":"Struck in its entirety by the Twenty-Ninth Modification, also effective May 21, 2021 8:00 a.m. (DE-038)","startDate":"2021-05-21","endDate":"2021-05-21","quarters":["2021Q2"],"types":["MASK","EMP","GATH","SCH","OTHER","HC"],"addressees":["all individuals","all businesses and spaces open to the public","schools and child care","long-term-care facilities","landlords, lenders, utilities"],"clause":"The Omnibus Modification and extensions through Apr. 16, 2021 \u0027are hereby stricken in their entirety and substituted with the following provisions, which shall become effective May 21, 2021 at 8:00 a.m. E.D.T.\u0027 § E.2.iv: \u0027Businesses and individuals responsible for indoor and outdoor spaces open to the public are required to: 1. Require customers and visitors to any indoor businesses or spaces open to the public to wear face coverings. 2. Provide face coverings for employees, contractors, and volunteers.... 5. Remind customers or visitors to wear face coverings by (a) posting the requirement at the entrance of the business, and (b) posting clearly visible signs inside the business... 6. Post signage outlining alternatives to entering the business or indoor space open to the public without a face covering (i.e. curbside pickup, in-person appointment or appointment by video or phone).\u0027 § J.1: \u0027While in the State of Delaware, all individuals must promote social distancing and reduce transmission... \u0022Social Distancing Requirements\u0022 means: 1) maintaining at least three (3) feet social distancing...\u0027 § J.2: gatherings at any business or space open to the public must have \u0027a mechanism for limiting attendance, enforcing social distancing\u0027; hosts of large indoor gatherings \u0027may apply... by submitting a plan.\u0027 The Twenty-Ninth Modification\u0027s recital describes this order as \u0027eliminating most business capacity restrictions effective May 21, 2021\u0027 (DE-038 at 3). Enforcement clause: \u0027This Order has the force and effect of law. Any failure to comply... may constitute a criminal offense. 20 Del. C. §§ 3115 (b); 3116 (9); 3122; 3125.\u0027","enforcement":"Force and effect of law; criminal offense under 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125","functions":["SF/DR/SL/AM capacity caps eliminated May 21, 2021","MASK every business still required to require customer masks (for the period this order was to govern)","WF three-foot distancing","SCH school and child-care codes","PM/SV eviction and foreclosure stays"],"notes":"The instrument that ended Delaware\u0027s capacity and gathering caps; it never governed independently because the Twenty-Ninth Modification struck it effective the same moment while carrying its structure forward.","sourceUrl":"https://archivesfiles.delaware.gov/Executive-Orders/Carney/public-health/28th-Modification-of-the-Declaration-of-a-SOE-State-of-Delaware-05122021.pdf","snapshot":"","fileExists":true,"fileBytes":385763,"grade":"primary","character":"","description":"","collection":"DE","url":"/library/DE-037","exhibitUrl":"/exhibit/DE-037","citation":"Governor John C. Carney, Twenty-Eighth Modification of the Declaration of a State of Emergency (May 12, 2021) (Ex. DE-037)","stateName":"Delaware","related":["DE-038","DUT-DE-009","DUT-DE-010","DUT-DE-014","DUT-DE-016","DUT-DE-017","DE-009","DE-011","DE-031","DE-032","DE-033","DE-034"]}