Georgia Shelter in Place and the Consequences

It's not news that Governor Brian Kemp issued an executive order that mandates that Georgians stay in their homes until April 13, 2020. Unlike other executive orders issued by the Governor, this one is not optional. Also, this executive order comes with some real teeth. The executive order gives guidance that arrest is only meant as a last resort, violations are punishable as a misdemeanor. It remains to be seen just how far enforcement will go with regard to this order. It's safe to presume that the state's enforcement will inversely proportional to the citizen's compliance.

The executive order is some nine pages long and its important to note the definitions of key terms and the exceptions to the order. While Georgians are required to stay in their homes, they are permitted to leave to conduct or participate in essential services, perform necessary travel, are persons employed as part of the critical infrastructure or taking part of a business's minimum basic operations. Essential services include getting groceries, taking part of activities for the health and safety of family and household members or taking part in outdoor exercise. What that means that people may leave the house to take care of those things they need to do such as buy groceries, maintain their home and look after family members. It also allows for the care of family members who may not reside in your home but are in need of someone to look after them.

Those persons who are employed in positions that are classified as "Critical Infrastructure" or employed as part of the "Minimum Basic Operations" short request from their employer some sort of letter that identifies their classification. This can be presented to law enforcement in the event they are stopped as part of their travel to and from work. While it is hard to imagine in this country people being stopped and questioned about their travel, these are unusual circumstances for we are living through.

It also provides for many Georgians to be able to go to work, however the order does provide some specific guidance on the mandates for providing for proper social distancing, sanitization and keeping those people who are sick from infecting others. At a minimum it mandates that people should not be in one location with ten or ore people unless they are spaced more than six feet apart from one another. It also requires some good common sense measures such as hand washing, not using other people's work stations and preventing handshaking.

The order prohibits dine-in services at restaurants and private social clubs. Gyms, bowling alleys, live performance venues, hair salons, barber shops and bars will remain closed while this order is in effect. It is clear that most social interaction will be limited to family life, video conferencing, telephone calls and text messages. While the experts cannot tell if things will get worse before they get better, we can all get through this with a little disciple and patience. If you have questions about the interpretation of the Executive Order, contact an attorney.