The COVID Project
The record
- Jurisdiction
- West Virginia
- Level
- State
- Authority
- Exec. Order 32-20 § 2, para. y (W. Va. Apr. 30, 2020) (Ex. WV-026)
- Issued
- 2020-04-30 Apr. 30, 2020
- Effective
- 2020-05-04 12:01 a.m. (read as 2020-05-04)
- End
- Superseded by later amendments; formally terminated 12:01 a.m. Apr. 20, 2021 (EO 12-21) (read as 2021-04-20)
- In force
- May 4, 2020 to Apr. 20, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureWorkplace rulesOperating conditionOther
- Addressees
- specified businesses: small businesses of ten or fewer employees; barber shops, nail salons and hair salons; restaurants (outdoor service only); non-essential businesses generally (continued suspension)
- Character
- order operating condition
- Collection
- Standing duties: West Virginia DUT-WV
Operative words
must ensure that proper social distancing and hygiene practices are maintained, and must limit occupancy by the public, if any, to no more than two (2) individual members of the public per 1,000 square feet... y.... may operate in accordance with guidance and best practices... by the West Virginia Board of Barbers and Cosmetologists, including ensuring all staff and employees wear masks
Penalty
EO 9-20 para. 7 enforcement by law enforcement and licensing bodies (the Board of Barbers and Cosmetologists for para. y)
What it required
Continued operation of small businesses conditioned on distancing and hygiene practices and a two-per-1,000-square-feet occupancy cap; personal-care businesses conditioned on the licensing Board's guidance including staff masks and appointment-only service; all individuals 'strongly encouraged' to stay home (the safer-at-home verb, recorded as a recommendation). The operating verbs are 'must ensure,' 'must limit,' 'in accordance with... including ensuring.'
Retrieval noteThe order recites that the Comeback plan was 'developed with consideration of the Federal Guidelines' (Opening Up America Again, Apr. 16, 2020), an incorporation of federal guidance by recital.