The COVID Project
The record
- Jurisdiction
- West Virginia
- Level
- State
- Authority
- W. Va. Code 15-5-6 and 15-5-1
- Issued
- 2020-03-23 Mar. 23, 2020
- Effective
- 2020-03-24 8:00 p.m. (read as 2020-03-24)
- End
- Section 1 converted to safer-at-home and sections 2-5 amended effective 12:01 a.m. May 4, 2020 (EO 32-20); amended by EO 36-20, 37-20, 39-20, 40-20, 41-20, 42-20, 43-20, 45-20, 49-20, 51-20, 56-20, 74-20, 5-21, 6-21, 7-21, 8-21, 9-21, 10-21; formally terminated 12:01 a.m. Apr. 20, 2021 (EO 12-21 paragraph 1) (read as 2020-05-04)
- In force
- Mar. 24, 2020 to May 4, 2020
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Stay-at-homeBusiness closureTelework mandateGathering capSchools and child careEvents and venuesWorkplace rules
- Addressees
- all individuals within the State
- all businesses and operations
- Essential Businesses and Operations
- places of public amusement
- schools and educational institutions
- Functions reached
- CB customer base under stay-home
- SF sales floor and premises closed
- OF offices (remote work only for non-essential; five-or-fewer rule)
- WF workforce (schools closed to in-person; child care essential)
- GATH events and gatherings
- SC supply chain (essential manufacturing and distribution designations)
- EVT venues closed
- HC (health care essential; elective procedures separately barred by EO 16-20)
- Collection
- West Virginia WV
Operative words
1. Stay at home or your place of residence.... all individuals within the State of West Virginia are under a general stay-at-home order and are directed to stay at home or their place of residence unless performing an essential activity.... 2. Non-essential businesses and operations must temporarily cease operations. In addition to those businesses directed to close or limit occupancy pursuant to previous executive orders, all businesses and operations in West Virginia, except Essential Businesses and Operations as defined below, are required to cease all activities within the state except for such minimum basic operations as are necessary to maintain the value of the business's inventory, preserve the condition of the business's physical plant and equipment, ensure security, process payroll and employee benefits, or related functions, and the minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences.... small businesses that do not invite in the general public and which have five or less employees in the office may continue to operate, but must ensure that proper social distancing and hygiene practices are maintained. 3. Essential businesses and operations shall continue to operate.... The term 'Essential Businesses and Operations' includes those industries and workers described in the U.S. Department of Homeland Security's Cybersecurity and Infrastructure Security Agency's March 19, 2020, Memorandum... [and subsections (a) through (x)]. 4. Prohibited activities. All places of public amusement, whether indoors or outdoors, including but not limited to locations with amusement rides, carnivals, zoos, museums, arcades, fairs, pool halls, bingo halls, malls (except where stores in a mall that have a direct outdoor entrance and exit that provide essential services and products...), children's play centers, playgrounds, bowling alleys, movie and other theaters, concert and music halls, adult entertainment venues, racetracks, social clubs, and other similar businesses shall be closed. 5. Avoid social gatherings. All public and private gatherings of any number of people occurring outside a single household or living unit are prohibited, except for the limited purposes permitted by this Order. Any gathering of more than 10 people is prohibited unless exempted by this Order.... 7. Enforcement. This Order may be enforced by State and local law enforcement and by state and local regulatory and/or licensing bodies to the extent possible under West Virginia law. 8. Duration. The provisions of this Order, and all previous executive orders relating to COVID-19, are effective until terminated by subsequent executive order.
Enforcement
Paragraph 7: 'enforced by State and local law enforcement and by state and local regulatory and/or licensing bodies to the extent possible under West Virginia law'
Notes
Essential categories include health care (section 3(a), 'construed very broadly,' excluding gyms, spas, salons and barber shops); grocery and pharmacy (b); food, beverage and agriculture with restaurants take-away only (c); essential government (d); human services and child care (e); essential infrastructure including construction 'construed broadly' (f); coal (g); manufacturing for critical products (h); transportation and auto dealers and repair (i); financial and insurance institutions including appraisers and title companies (j); hardware (k); critical trades including janitorial and security (l); mail and logistics (m); religious entities (n); educational institutions for distance learning and food pick-up (o); laundry (p); supplies to work from home (q); supplies for Essential Businesses (r); home-based care (s); residential facilities (t); professional services (u); media (v); hotels and motels for lodging and carry-out (w); funeral services (x). Paragraph 6 states the intent 'that the maximum number of people self-isolate in their places of residence to the maximum extent feasible.'
Retrieval noteEleven pages read by OCR. The identical file was also served at https://coronavirus-wvgovstatus-cdn.azureedge.net/STAY_AT_HOME_ORDER.pdf (same sha256). Filed with the Secretary of State as DocID 89504.