Northam’s New COVID Restrictions: What They Mean

Late Friday afternoon, Governor Northam posted a surprise YouTube video letting Virginians know that he was amending his emergency Executive Orders to tighten restrictions on our lives due to COVID-19 – even though Virginia’s death rate was at its lowest level since the beginning of April just after an emergency was declared.

Without answering any questions or providing the actual updated orders, the Governor published the orders hours later. Here are the main changes as reflected in Amended Executive Orders 67 and 63 (changes in orders reflected in bold):

  1. General prohibition on all public AND private indoor AND outdoor “gatherings” of more than 25 people

    • This 25 person limit, however, does not apply to churches, schools, restaurants, retail stores, or workplace settings. However, it would technically apply to such things as family gatherings for Thanksgiving, birthday parties, exercise classes, and even get-togethers on a public beach.

    • Whereas churches before were technically limited to 250 people in their services, there is now no limit on the number of people who can attend religious services as long as the churches follow the requirements found on pages 11-12 of the Amended Executive Order (social distancing as marked by pews, disposable communion packaging, routine cleaning, appropriate signage, and wearing face masks). Please note, however, that these requirements were previously waived by the Commonwealth in a case brought by church members in Madison County. It is unclear whether these new requirements replace the requirements accepted by the Commonwealth in the Madison County case.

    • Recreational sports are not limited in number for participants, however, spectators of those sports cannot exceed 25 people PER FIELD.

    • ​​Racetracks, speedways, and entertainment and amusement businesses are now limited to a maximum 250 people, down from 1,000. ​​​​

  2. Restaurants cannot serve alcohol after 10 P.M. and all dining areas must close between midnight and 5 A.M.

  3. Requirement of face masks to be worn inside most public spaces for children age 5 and up (Previously, it was required for children 10 and up.)

  4. Removal of exemption for face mask requirement for all daycare centers, in-person classes in K-12 schools, and colleges

Without getting into whether any of these restrictions are even lawful or constitutional, we wanted to make sure you at least knew what the Orders say. We will continue to keep you updated if things change or we learn more.

For specific questions, contact us any time! 

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Supreme Court, with Barrett, Clamps Down on Discriminatory Treatment of Religious Orgs in the Ongoing “Emergency”

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Northam Lawyers Say Church Gatherings Under 250 No Longer Subject to Mandates