Cavitch Familo & Durkin, Co., L.P.A.

Business Summary of Ohio Stay at Home Order

On Sunday at 2:00 p.m., Governor DeWine issued a stay-at-home order (the “Order”), to take effect 11:59 p.m. Monday, March 23, 2020, and continuing through April 6, 2020.
The Order is attached below, and can be found here:

In General

All businesses must close their facilities if they are not deemed Essential Businesses and Operations (“EBOs”) Home-based businesses may continue to operate, and employees may work from home. Businesses required to close are limited to Minimum Basic Operations (“MBOs”) during the pendency of the Order. Additionally, persons employed at EBOs or MBOs may travel as necessary to maintain these functions.

What is an Essential Business and Operation?

  • Businesses deemed critical by the U.S. Department of Homeland Security. The Order exempts “essential critical infrastructure” workers. The federal definition includes Department of Defense contractors, healthcare sector, transportation sector, communications sector, emergency services and many others.
  • Businesses that sell food, medicine, beverages, gasoline, hardware items, and home office supplies.
  • Services such as auto repair, banking, mail, transportation, and home-based care.
  • Charitable, social service, and religious organizations, including those that provide food and other services for socially and economically disadvantaged persons.
  • Media and news organizations.
  • Professional businesses, including law and accounting firms, and title services.
  • Finance and insurance businesses.
  • Educational organizations, including schools and universities, operating for the purpose of distance learning or critical research.
  • Mail and delivery services.
  • Transportation, including Uber, taxis, and freight.
  • Manufacturers and supply chain businesses providing “essential products,” including health care, food, fuel, and other products necessary for the operation of EBOs.
  • Firearm suppliers and retailers.
  • Restaurants for carryout purposes.
  • Laundry services.
  • Hotels and motels.
  • “Critical” trades necessary to maintain safety, sanitation, and operation of EBOs.

Non-Essential Businesses

Businesses that do not fall within the EBO category, i.e. MBOs, are non-essential, and limited to minimum operations. MBO functions include maintaining inventory, physical plant and equipment, as well as minimum functions necessary to facilitate remote work.

Social Distancing Requirements

All businesses must follow Ohio’s Social Distancing Requirements. These are: (i) designate 6-foot distances by tape, signage, etc. for employees and customers in lines to stay apart, (ii) have hand sanitizer readily available for employees and customers, (iii) establish separate operating hours for elderly and customers vulnerable to COVID-19,
and (iv) post online whether the facility is open and how to conduct business by phone or remotely.

Violations & Remedies

The Ohio Department of Health has jurisdiction to enforce the Order, with potential second-degree misdemeanor charges. Of potential greater importance, if an employee or customer is infected as a proximate result of a violation, a business risks claims of negligence per se.

NOTE: This post will be updated periodically. Please check back or contact your business attorney for further information. Cavitch will remain open, and attorneys will remain available to answer your questions via email, phone, or other virtual means of communication, and provide further information for the duration of this crisis. Contact Cavitch at 216-621-7860.