Virginia

PHE One (Mar. 17, 2020) 10 patrons; EO 53 closed dining and congregation areas 11:59 p.m. Mar. 24, extended to May 14, 2020 (takeout and delivery only); ED 10 (Apr. 8, 2020) cocktails to go; Phase One May 15: outdoor dining only, 50 percent, parties of 10, bar seats closed; Phase Two June 5 (June 12 NoVA and Richmond): indoor dining 50 percent; Phase Three July 1: distancing rules, bar seats closed; Eastern Region July 31 to Sept. 10: alcohol 10 p.m., close at midnight, 50 percent, parties of 50; Sixth Amended EO 67 Nov. 16: alcohol 10 p.m., dining rooms closed midnight to 5 a.m. statewide; EO 72 Dec. 14: same plus curfew; Mar. 1, 2021: alcohol midnight; May 28, 2021: ended. DOLI standard governed the workplace throughout.

EO 53: essential retail list; all other brick-and-mortar retail limited to 10 patrons from Mar. 24 to May 14, 2020, 'If any such business cannot adhere to the 10 patron limit with proper social distancing requirements, it must close'; Phase One: 50 percent occupancy and face-covered employees; EO 63 May 29: patrons masked; EO 72: distancing and masking mandatory, 'If any such business cannot adhere to these requirements, it must close'; ended May 28, 2021.

EO 53 closed beauty salons, barbershops, spas, massage parlors, tanning and tattoo shops Mar. 24 to May 14, 2020; Phase One May 15: reopened at 50 percent, one appointment per provider, masks; NoVA and Richmond May 29; EO 72 mandatory requirements to May 28, 2021; DPOR enforcement under 18 VAC 41-20-280 recited in EO 72.

PHE One 10 patrons Mar. 17; EO 53 closed fitness centers, theaters, concert venues, museums, bowling, skating, arcades, amusement parks Mar. 24; Phase One: fitness outdoor only, indoor entertainment closed; Phase Two: fitness 30 percent or 50 persons indoors, indoor theaters and concert venues still closed; Phase Three July 1: venues at the lesser of 50 percent or 1,000; Sixth Amended EO 67 Nov. 16 and EO 72 Dec. 14: venues at the lesser of 30 percent or 250, fitness 75 percent, private bookings 10; Apr. 1, 2021: 30 percent; May 15: 50 percent; May 28, 2021: ended.

EO 55 ¶ 4 (effective Apr. 1, 2020): 'cessation of all reservations for overnight stays of less than 14 nights at all privately-owned campgrounds'; hotels were not closed but their restaurants, bars, fitness rooms, pools and meeting spaces were governed by the restaurant, fitness and gathering rules (10, 50, 250, 25, 10, 50, 100 caps in sequence); overnight summer camps closed under EO 61, EO 67 and EO 72 through May 2021; no traveler-quarantine order.

EO 53 ¶ 8: 'Although business operations offering professional rather than retail services may remain open, they should utilize teleworking as much as possible. Where telework is not feasible, such business must adhere to social distancing recommendations, enhanced sanitizing practices on common surfaces, and apply the relevant workplace guidance from state and federal authorities.' EO 55 ¶ 1(f) allowed travel 'to and from one's residence, place of worship, or work'; EO 61 recited the direction 'to continue teleworking, whenever possible'; the DOLI standard's Guidelines and 16VAC25-220 required exposure assessment, distancing, face coverings, notification within 24 hours and exclusion of infected employees from July 27, 2020 through Sept. 30, 2021 and after; EO 72 § IV.A made the Governor's order control over the ETS where they conflicted.

Never closed by State order; EO 53 ¶ 7 distancing and sanitizing; DOLI standard from July 27, 2020 (medium-risk classification for most production floors; written Infectious Disease Preparedness and Response Plan for medium-risk employers with 11 or more employees, effective Mar. 26, 2021 under the permanent standard).

Never closed by State order; EO 53 ¶ 7 required all businesses 'to the extent possible' to adhere to distancing and sanitizing; DOLI ETS and permanent standard imposed exposure assessment, distancing, face coverings, shared-vehicle rules and subcontractor exclusion duties ('Subcontractors shall not allow their employees known or suspected to be infected with the SARS-CoV-2 virus to report to or be allowed to remain at work or on a job site') from July 27, 2020 through the period.

No showing ban; EO 55 stay-at-home confined the public to enumerated purposes Mar. 30 to June 10, 2020 and gatherings to 10; Supreme Court suspended non-essential court proceedings from Mar. 16, 2020 and suspended writs of eviction and unlawful-detainer proceedings for nonpayment Aug. 10 to Sept. 7, 2020 at the Governor's request (VA-040); EO 55 ¶ 6 and EO 72 § II.D.1 directed state agencies to assist Virginians 'in avoiding evictions or foreclosures'.

EO 52 (Mar. 20, 2020) authorized the Commissioner to license additional hospital and nursing-home beds through 30 days after EO 51's expiration; PHE Two elective-procedure suspension through Apr. 30, 2020; EO 70 (Aug. 17, 2020) addressed the psychiatric hospital system's admissions under the emergency; DOLI standard's very-high and high exposure-risk requirements (written plan, PPE, screening) applied to health-care workplaces from July 27, 2020; Virginia imposed no statewide health-care-worker vaccination mandate in the period.

PHE Two (Mar. 25, 2020): hospitals, endoscopy centers, physicians' offices and dental, orthodontic and endodontic offices prohibited from providing 'procedures and surgeries that require PPE, which if delayed, are not anticipated to cause harm to the patient'; Class 1 misdemeanor under § 32.1-27 and injunctive relief; amended Apr. 23 to run through 11:59 p.m. Apr. 30, 2020; not renewed. EO 57 (Apr. 17, 2020) licensing flexibilities (not saved).

Governor closed K-12 Mar. 13, 2020 for two weeks; EO 53 ¶ 2 (Mar. 23, 2020): 'Cessation of all in-person instruction at K-12 schools, public and private, for the remainder of the 2019-2020 school year'; 2020-21 reopening under Forward Virginia phase guidance (local decision); Chapter 456 (SB 1303, approved Mar. 30, 2021) required every school board to offer in-person instruction adhering to CDC mitigation strategies to the maximum extent practicable, and permitted remote instruction for students in isolation or quarantine; EO 79 (May 28 to June 30, 2021): 'All students, teachers, staff, and visitors must wear a mask'; State Health Commissioner's order of Aug. 12, 2021 reissued the K-12 mask requirement for the 2021-22 year, enforceable under § 32.1-27.

EO 53 ¶ 2: 'Facilities providing child care services may remain open' subject to the VDSS Commissioner's Mar. 18, 2020 letter (group size limits of 10) and a direction to prioritize children of essential personnel; PHE Two and EO 55 did not close child care; the Aug. 12, 2021 order did not apply to freestanding daycares or preschools but did apply to PreK programs in K-12 schools (VDH FAQ).

EO 53 and EO 55: gatherings of more than 10 prohibited, 'including parties, celebrations, religious, or other social events'; Phase One: religious services at 50 percent with conditions; Phase Two: 50; Phase Three: 250; Eastern Region 50; Nov. 16, 2020: 25; EO 72 Dec. 14: 10 (religious services exempt subject to distancing, marked seating, masks); Mar. 1, 2021: 10 indoors and 25 outdoors; Apr. 1: 50 and 100; May 15: 100 and 250; May 28, 2021: ended.

Supreme Court of Virginia Order Declaring a Judicial Emergency (Mar. 16, 2020): 'NON-ESSENTIAL, NON-EMERGENCY court proceedings in all circuit and district courts be and hereby are SUSPENDED and all deadlines are hereby tolled and extended'; extended continuously by numbered orders (Twenty-Eighth Order, Sept. 20, 2021: Period of Judicial Emergency Mar. 16, 2020 through Oct. 13, 2021; courthouse screening; masks and capacity restrictions per CDC and VDH; speedy-trial deadlines tolled); ED 8 suspended motor-vehicle safety inspections Mar. 19 to July 31, 2020; ED 10 deferred ABC license renewals.

No statewide traveler-quarantine order was issued; EO 51 and EO 61 recited the cessation of out-of-state travel by state employees; EO 55 confined residents to enumerated purposes Mar. 30 to June 10, 2020; the curfew of EO 72 confined individuals to their residences from midnight to 5 a.m. Dec. 14, 2020 to Feb. 28, 2021; the federal conveyance and TSA orders governed transit and air travel throughout 2021 (federal exhibits).

EO 63 (eff. May 29, 2020): aged ten and over in indoor public settings, Class 1 misdemeanor under § 32.1-27; Amended EO 63 (Nov. 13, 2020; expired Dec. 13, 2020); EO 72 § III (Dec. 14, 2020): aged five and older indoors in settings shared by others and outdoors when six feet cannot be kept, employees of all covered businesses, Class 1 misdemeanor; continued through the Seventh Amended EO 72 to May 28, 2021; EO 79: 'should' for the public, 'must' in K-12 schools to June 30, 2021; Aug. 12, 2021: Commissioner's K-12 mask order; ED 18 (Sept. 1, 2021): unvaccinated state employees and contractors must mask indoors; DOLI standard required face coverings in specified workplace situations throughout.

None on the general public or private employers; Executive Directive 18 (Aug. 5, 2021; eff. Sept. 1, 2021): executive-branch employees and state contractors entering the workplace or with public-facing duties must disclose vaccination status; those not fully vaccinated 'must undergo weekly COVID-19 testing and disclose weekly the results' and must mask indoors; institutions of higher education included; the Sept. 8, 2021 DOLI amendment refocused the standard on protecting unvaccinated employees.