Inslee Extends Stay Home Order, Begins “Phased Approach To Recovery”
Over the last month many Washingtonians have questioned whether Washington Governor Jay Inslee would let his “Stay Home – Stay Healthy” Order expire on May 4, 2020. On May 1, 2020, Governor Inslee answered those questions in a televised address in which he announced a four phase plan for re-opening Washington State known as “Safe Start Washington: A Phased Approach to Recovery.”
During his press conference, Governor Inslee shared the above graphic describing the four phases of the “Safe Start Washington” plan. During each successive phase, the “Stay Home” restrictions will lessen and the prohibition against public gatherings will relax. Each phase will last a minimum of three weeks, but each could last “much longer” than three weeks depending on whether or not the data discloses that our efforts have been successful. Governor Inslee further explained that ten low-density counties, making up less than 3% of the state’s population, could seek variances to progress more quickly through the 4-phase re-opening plan. Those ten counties include Columbia, Garfield, Ferry, Jefferson, Lincoln, Kittitas, Grays Harbor, Pend Oreille, Skamania, and Wahkiakum Counties (hereinafter, the “Low Density Counties”).
On May 4, 2020, Governor Inslee issued Proclamation No. 20-25.3, which extended the “Stay Home” Order to May 31, 2020 and formally implemented the “Safe Start Washington” plan. Like each of its predecessors, the amendment declared that “a State of Emergency continues to exist in all counties of Washington State.” The Amendment provides a link to the “Safe Start Washington” plan, which includes many of the graphics Governor Inslee shared with the public and discussed during his May 1st address. I will discuss the Safe Start Washington plan in greater detail in a subsequent blog post.
In addition to adopting the “Safe Start Plan” and extending the “Stay Home” deadline to May 31, 2020, the May 4th amendment described the relaxed restrictions included in Phase 1 of the Safe Start Plan. The same “essential worker” definitions and guidance put in place under previous versions of the “Stay Home” Order remain in place during Phase 1. Additionally, the following business activities will be permitted to resume during Phase 1:
- Landscaping and lawn care;
- Vehicle and vessel sales;
- Pet walking;
- Retail (curb-side pick-up orders only); and
- Car washes
While Phase 1 begins on May 5, these newly re-opened business activities will not be allowed to resume until the participants in these business activities “are able to fully comply with the industry-specific requirements that will be issued as soon as possible but not later than May 15, 2020, which at minimum, will require compliance with the social distancing and hygiene requirements indicated by the Washington State Department of Health.” During his May 1st address, Governor Inslee described the forthcoming “industry-specific requirements” as similar to those put in place on April 24, 2020 for the construction industry in the Governor’s letter to “Interested Stakeholders” regarding the “Implementation of Phase 1 Construction Restart – Proclamation 20-25.” Thus, while Governor Inslee indicated that each phase of the plan will last at least three weeks, it seems that Phase 1 may not truly begin in earnest for many impacted businesses until on or before May 15, 2020. That assessment squares with Governor Inslee’s comment during the May 1st address (in response to a question about whether Phase 2 would begin before June 1, 2020) that Phase 2 likely would not begin until deeper into the month of June.
In addition to the new business activities allowed during Phase 1, the Governor ordered that during Phase 1 “religious services may also be provided as a drive-in service, with one household per vehicle.” But these “drive-in services” could only begin once “participants could fully comply with the requirements that will be issued as soon as possible, but no later than May 15, 2020.”
Aside from these soon-to-be re-opening business activities and religious services, all of the restrictions of the earlier “Stay Home” orders continue in effect during Phase 1 until at least May 31, 2020. Notably, this means that the Governor’s prohibition on public gatherings – including participation in most outdoor activities with members outside of the same residence – will not begin to be relaxed until Phase 2 begins in June 2020 or, possibly, later. It seems that, for many Washingtonians, life during Phase 1 will be very similar to what we have experienced over the last month-plus the “Stay Home – Stay Healthy” order has been in place.