Late Monday afternoon, Governor Andrew Cuomo posted two more Executive Orders related to the COVID-19 state of emergency, his forty-second and forty-third respectively. Executive Order 202.41, issued on June 13, 2020, and Executive Order 202.42, issued on June 15, 2020, each set out certain directives in response to the efforts to combat the COVID-19 crisis. Executive Order 202.41 is effective from June 13, 2020 through July 13, 2020 and can be found here. Executive Order 202.42 is effective from June 15, 2020 through 15, 2020 and can be found here.
EXECUTIVE ORDER 202.41
Phase Three Reopening
- Under Executive Order 202.41, the directive contained in Executive Order 202.7, as extended and as amended by Executive Order 202.36, requiring all salons, tattoo parlors, piercing parlors, and related personal care services to be closed to members of the public is modified to the extent necessary to allow for the opening of such personal care services, and only to the extent and in regions consistent with Department of Health guidance promulgated for Phase Three reopening.
- Executive Order 202.41 also declares that Executive Order 202.35, which extended the provisions of Executive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13, 202.14, 202.28, and 202.31, and 202.34 which each closed or otherwise restricted public or private businesses or places of public accommodation, and Executive Order 202.38 which required postponement, cancellation, or restriction on size of all non-essential gatherings of more than ten individuals, and which together constitute New York On PAUSE, is continued until and unless later amended or extended by a future Executive Order, provided, however:
- That effective on June 12, 2020, the reductions and restrictions on the in-person workforce at non-essential businesses or other entities shall no longer apply to Phase Three industries, as determined by the Health Department, in eligible regions, including (A) Restaurants/Food Services and (B) Personal Care Services.
- Businesses or entities in industries open in Phase Three must be operated subject to the guidance promulgated by the Health Department.
- As of June 12, 2020 the regions meeting the prescribed public health and safety metrics required for Phase Three reopening are: Finger Lakes, Central New York, Mohawk Valley, Southern Tier, and the North Country. Any additional regions which meet the criteria after such date will be deemed to be incorporated into this Executive Order without further revision and will be permitted to re-open Phase Three industries, subject to the same terms and conditions.
- Accordingly, not only can nail salons, tattoo parlors and massage therapists reopen in these areas, but restaurants will now be permitted to use their indoor space for sit-down service, provided that such businesses comply with Health Department guidance.
CONTINUATION OF PREVIOUSLY ISSUED EXECUTIVE ORDER
In addition to the directives discussed above, Executive Order 202.41 also continues the directives contained in Executive Order 202.31 unless superseded by a subsequent directive. Executive Order 202.31, among other things, issued a directive that all enforcement mechanisms by state or local governments would continue until June 13, 2020. Such directive is now further continued without an expiration date.
EXECUTIVE ORDER 202.42
Did I say 10 people only? I really meant 25.
- Executive Order 202.42 modifies directives in previously issued Executive Orders that had limiting all non-essential gatherings to ten or fewer individuals. Instead, the directive in Executive Order 202.42 increases the number of attendees at a gathering to twenty-five (25) or fewer individuals, provided that the location of the gathering is in a region that has reached Phase Three of the State’s reopening, and social distancing protocols and cleaning and disinfection protocols required by the Health Department are adhered to.