Fair Nf Nrf4 @arnlina
.!1t STATEl - UAM fair nf nrf4 @arnlinaROY COOPERGOVERNORDecember 08, 2020EXECUTIVE ORDER NO. 181IMPLEMENTING A MODIFIED STAY AT HOME ORDER AND REQUIRING NIGHT TIME CLOSURE FOR CERTAIN B USINESSES AND ACTIVITIES FOR ALL NORTHCAROLINIANS DURING OVERNIGHT HOURSWHEREAS, on March I 0, 2020, the undersigned issued Executi ve Order No. 11 6 whichdeclared a State of Emergency to coordinate the state's response and protective actions to addressthe Coronavirus Disease 201 9 (" COVID-1 9") public health emergency and provide for the health,safety, and welfare ofresidents and visitors located in North Carolina; andWHEREAS, on March 11 , 2020, the World Health Organization declared COVID-1 9 aglobal pandemic; andWHEREAS, on March 13, 2020, the President of the United States issued an emergencydeclaration for all states, tribes, territories, and the District of Columbia, retroactive to March I ,2020, and the President declared that the COVID-1 9 pandemic in the United States constitutes anational emergency; andWHEREAS, on March 25, 2020, the President approved a Major Di saster Declaration,FEMA-4487-DR, for the State of North Carolina; andWHEREAS, in responding to the COVID-1 9 pandemic, and fo r the purpose of protectingthe health, safety, and welfare of the people of North Carolina, the undersigned has issuedExecutiveOrder Nos.11 6-1 22, 124-1 25, 129-1 3 1, 133-1 36, 138-1 44, 146-1 53, 155-1 57, 161-165 ,169-173, 176-1 77, and 180; andWHEREAS, the undersigned has taken a science and data-driven approach toimplementing public health measures to curb the spread of the virus and to advance the state' seconomy in a safe and effective way, which is in the best interests of all North Carolinians; andWHEREAS, on September 30, 2020, the undersigned issued Executive Order No. 169,whi ch transitioned the state into Phase 3 of its COVID-19 response; andWHEREAS, concerning trends in COVID-19 metrics fo llowing the issuance of ExecutiveOrder No. 169 led the undersigned to extend the measures of Executive Order No. 169 underExecutive Order Nos. 170, 176, and 180, and to implement fu rther protective actions, includingreducing the mass gathering limit on indoor gatherings and requiring Face Coverings in additionalsettings; andWHEREAS, since the issuance o f Executi ve Orders Nos. 169, 170, 176 and 180, COVID19 continues to spread at an alarming rate nationa lly and in North Carolina; andWHEREAS, as of the date of this Executi ve Order, the United States is experiencing asignificant increase in the number of people diagnosed with COVID-1 9, currently averaging more
than fifteen hundred (1,500) daily COVID-19 deaths (over a seven-day average), with more thantwo hundred and eighty thousand (280,000) American lives lost since the start of the pandemic;andWHEREAS, the significant increase in COVID-19 case counts across the nation, and theattendant strain on health care system capacity, has required other states and localities in recentdays and weeks to impose or reimpose stricter measures on business operations, activities, andpublic and private gatherings; andWHEREAS, in North Carolina in recent weeks COVID-19 daily diagnoses have been attheir highest point to-date since the onset of the pandemic, in part, but not entirely, because ofincreased testing across the state; andWHEREAS, despite increased testing, there have been recent and sustained increases,compared to earlier levels, in the percent of total COVID-19 tests that are positives, the percent ofemergency department visits that are for COVID-19-like illnesses, and in the number of COVID19-associated hospitalizations; andWHEREAS, in North Carolina in recent weeks, COVID-19-associated hospitalizationshave been at record highs, and daily deaths attributable to COVID-19 have been at or near recordhighs; andWHEREAS, between November 21 and December 4, 2020, over three-fourths of NorthCarolina counties were experiencing ··substantial (orange)" or "critical (red)" COVID-19community spread, according to the County Alert System developed by the North CarolinaDepartment of Health and Human Services' ("NCDHHS"), which evaluates a county's COVID19 case counts, percent positives, and hospital capacity; andWHEREAS, more than four hundred and four thousand (404,000) people in NorthCarolina have been diagnosed with COVID-19, and more than five thousand six hundred (5,600)people in North Carolina have died from the disease; andWHEREAS, health care professionals and public health experts expect further increasesin the number of people diagnosed with COVID-19 and associated hospitalizations followinggatherings over the Thanksgiving holiday; andWHEREAS, in other states, COVID-19 hospitalizations are exceeding the capacity of thehealth care system to provide care, leading to deaths that could have been avoided; andWHEREAS, it is essential that North Carolina slow down the increase in the number ofpeople diagnosed with COVID-19 to preserve as much as possible of North Carolina's remaininghealth care capacity; andWHEREAS, urgent and immediate action is therefore necessary to protect the lives ofNorth Carolinians and to avoid further strain on the state's health care system capacity and otherhealth care resources across the state; andRequired Night-Time Closure for Certain Businesses and Activities;Stay at Home Advisory for All North CaroliniansWHEREAS, restricting the hours of operation of certain businesses, particularlynight-time hours when individuals may gather in larger numbers and engage in conduct that posesa heightened risk of spread of COVID-19, will limit the congregation of individuals in thoseestablishments and therefore reduce the risk of virus spread; andWHEREAS, for their own health and safety as well as the health and safety of theircommunities, all North Carolinians are required to stay at home and travel only for work or toobtain essential goods or services during the hours of 10:00 PM and 5 :00 AM each day for theduration of this Executive Order; andWHEREAS, all North Carolinians are recommended to stay at home and work from homewhenever possible; and2
WHEREAS, at all times that North Carolinians are outside of their homes, they mustengage in social distancing and wear Face Coverings while they are indoors, or if they are outdoorsand may be within six (6) feet of people who are not part of the same household; andWHEREAS, there is an increased risk of COVID-19 spread in community events andsocial gatherings when people from different households gather; andContinued Need for a Phased, '"Dimmer Switch" Approach to Restrictions Loosened under Phase3 Executive OrderWHEREAS, to slow the spread of COVID-19 and reduce COVID-19 morbidity andmortality, it remains necessary to use a phased, '"dimmer switch" approach to reducing restrictionson businesses and activities, since the loosening of each restriction on businesses and activitiesadds incremental risk and thereby increases the aggregate risk of spread of COVID-19; andWHEREAS, certain types of businesses by their very nature present greater risks of thespread of COVID-19 because of the nature of the activity, the way that people have traditionallyacted and interacted with each other in that space, and the duration that people stay in theestablishment; andWHEREAS, to lower the risk of contracting and transmitting COVID-19, the Phase 3Executive Order imposed restrictions on certain businesses designed to limit the number ofcontacts between people, particularly in settings in which people exert increased respiratory effort,that are indoors, that involve people being in close physical contact for an extended period of time(more than 15 minutes), or that involve a large number of people; andWHEREAS, for the reasons stated herein and pursuant to the authority set forth below,the undersigned finds it reasonable and necessary to continue the Phase 3 capacity limitations andother public health restrictions for the duration of this Executive Order; andPhase 3 Capacity and other Public Health Restrictions Remain in Place for the Below VenuesAmusement ParksWHEREAS, amusement parks feature lower risks of spreading COVID-19 in theiroutdoor areas, so long as waiting lines remain socially distanced and high-touch areas aredisinfected; andWHEREAS, amusement parks and amusement-park-like transportation may thereforeremain open, subject to capacity limitations, Face Covering requirements, measures to ensure thatpeople remain socially distanced, signage requirements, and cleaning requirements; andWHEREAS, indoor rides and attractions must remain closed, because indoor rides maybring large groups of people together, without the ability to social distance, and who may screamor shout, spreading respiratory droplets in a confined space without air circulation; andBars, Night Spots, and ArenasWHEREAS, across the country, COVID-19 spread has been repeatedly linked to Bars (asdefined below), and in many states, rises in case counts have been temporally associated with thereopening of Bars; andWHEREAS, in Bars, people's risk of spreading COVID-19 is higher for many reasons,including because people traditionally engage in activities in Bars that result in increasedrespiratory effort, because people traditionally mingle in Bars and are in close physical contact foran extended period of time, and because people are less cautious when they drink alcoholicbeverages; andWHEREAS, these risks are mitigated, although not eliminated, in outdoor spaces whereair circulates freely; and3
WHEREAS, for these reasons and others, it is prudent to continue to limit Bar operationby requiring that all Guests be seated at tables and counters, separating Guests so that differentgroups are socially distanced, and by closing all indoor seating areas; andWHEREAS, lounges, music halls, night clubs, adult entertainment facilities, and stadiumsshare many of the same risks as Bars, but these risks can be mitigated if capacity restrictions areput in place and if the facility is required to be seated, which will counteract the tendency of Guestsin these facilities to mingle and spread COVID-19 among one another like they are in a Bar; andWHEREAS, larger crowds in entertainment venues increase the likelihood of asuper-spreading event, and therefore crowds must be limited to an overall maximum limit; andWHEREAS, because COVID-19 spreads more easily in indoor settings, this overallmaximum limit must be lower in indoor settings; andWHEREAS, to reduce the risk of spread ofCOVID-19, these facilities should also operateunder Face Covering requirements, signage requirements, and cleaning requirements; andMovie Theaters, Meeting Spaces, and Entertainment FacilitiesWHEREAS, the COVID-19 risks for movie theaters, hotels, conference centers, and otherevent spaces can be mitigated, although not entirely eliminated, if capacity restrictions are put inplace and if Guests do not circulate around the establishment to socialize with each other; andWHEREAS, to reduce the risk of spread of COVID-19, when movie theaters, meetingspaces, and entertainment facilities reopen or host larger events, they must be subject to capacitylimitations, Face Covering requirements, measures to ensure that people remain socially distanced,signage requirements, and cleaning requirements; andOutdoor Facilities With Capacity ofAt Least 10,000 SeatsWHEREAS, Guests at very large outdoor facilities (facilities with more than I 0,000 seats)for entertainment and sporting events have a lower risk of contracting and transmitting COVID19 because air circulates freely in outdoor spaces and because people can easily spread out in verylarge spaces by staying six (6) feet apart; andWHEREAS, Guests at very large outdoor facilities for entertainment and sporting eventsalso have a lower risk of contracting and transmitting COVID-19 because very large facilities havemultiple entrances and exits and larger concourses, reducing crowding and allowing guests tomaintain adequate social distance from one another as they move around the facility; andWHEREAS, the risk at very large outdoor facilities is also lowered because these facilitieshave the resources, staff, and capability to design, implement, and enforce enhanced health andsafety measures for Guests; andWHEREAS, the undersigned determined that very large outdoor facilities may allow moreguests than previously allowed, but because of the risks that continue to exist for any place wherelarger groups of people gather, the very large outdoor facilities that are reopening must be subjectto capacity restrictions that will limit spectators to a small fraction of such facilities' capacity; andWHEREAS, to reduce the risk of spread of COVID-19, when the very large outdoorfacilities accommodate more Guests, they also must be subject to capacity limitations, FaceCovering requirements, measures to ensure that people remain socially distanced, signagerequirements, and cleaning requirements; andSale and Service of Alcoholic Beverages for On-Site Consumption to End at 9:00 p.m.WHEREAS, the Centers for Disease Control and Prevention (""CDC") and NCDHHS havestated that the consumption of alcohol lowers inhibitions and makes people more likely to engagein behaviors that increase the risk of spread of COVID-19; and4
WHEREAS, the consumption of alcohol makes people less likely to practice socialdistancing or wear Face Coverings that are required by this Executive Order and to prevent thespread of COVID-19; andWHEREAS, people who are drinking beverages cannot consistently wear Face Coverings;andWHEREAS, when people gather to consume alcohol in public, they often speak loudly,laugh, yell, or sing, spreading respiratory droplets that may contain the COVID-19 virus; andWHEREAS, national and international outbreaks of COVID-19 have been linked to placeslike bars, clubs, and restaurants where people consume alcohol in close proximity to one another,and to super-spreading events in which a single person infects a large number of people; andWHEREAS, data reveals that there is an increase in the number of younger individualswho are being infected by COVID-19; andWHEREAS, for the reasons stated herein and pursuant to the authority set forth below,the undersigned finds it reasonable and necessary to restrict the sale and consumption of alcoholicbeverages from 9:00 p.m. through 7:00 a.m. for the duration of this Executive Order; andIndoor and Outdoor Gathering Limits Remain in Place to Protect Public HealthWHEREAS, public health data, contract tracing reports, and outbreak investigationsindicate that in-home and other informal social gatherings are contributing to the rise in casesacross the state; andWHEREAS, the state's public health experts have advised that in familiar settings withfriends and family, individuals may be more likely to forgo necessary precautions againsttransmission of COVID-19 such as maintaining social distance or wearing Face Coverings, whichcontributes to the spread of the virus; andWHEREAS, to reduce the prevalence of COVID-19 spread linked to social and in-homegatherings and all other settings not otherwise addressed by the undersigned's COVID-19executive orders in which large groups of individuals tend to gather, the undersigned reduced theMass Gathering limit for indoor settings from twenty-five (25) individuals to ten (10) individualsunder Executive Order No. 176; andWHEREAS, for the reasons stated herein and pursuant to the authority set forth below,the indoor mass gathering limit of ten ( I 0) person and the outdoor mass gathering limit of fifty(50) persons remain necessary to continue for the duration of this Executive Order; andFace Coverings Continue to Be Required in All Public Indoor SettingsWHEREAS, Face Coverings are a low-cost and highly effective way of mitigating thespread ofCOVID-19, and, if adopted widely by all North Carolinians, may help to prevent furtherre-closures of the state's businesses and operations; andWHEREAS, guidance from the CDC indicates that the use of a Face Covering can providesome protection from COVID-19 for the wearer, in addition to protecting those around the wearer;andWHEREAS, the effectiveness of Face Coverings has been shown by multiple studies, ascited in the recitals for Executive Order No. 180, and these studies use differing research methods;andWHEREAS, to mitigate the spread of COVID-19, particularly in indoor settings wherethe virus is transmitted more easily, the undersigned issued Executive Order No. I 80 whichrequired Face Coverings to be worn in all indoor public settings where other individuals may bepresent, regardless of one's perceived ability to maintain physical distance of at least six (6) feet;and5
WHEREAS, businesses in North Carolina must do their part to '"flatten the curve" ofCOVID-19 in North Carolina, by ensuring their employees and Guests wear Face Coverings at alltimes while on their premises, and by denying entry to those Guests who do not wear FaceCoverings, unless an exception to the requirement applies; andWHEREAS, Face Coverings should continue to be worn outdoors when it is not possibleto consistently be physically distant, by at least six (6) feet, from non-household members; andWHEREAS, for the reasons stated herein and pursuant to the authority set forth below,the Face Covering requirements established by Executive Order No. 180 and the undersigned'sprevious executive orders remain necessary to continue for the duration of this Executive Order;andStatutory Authority and DeterminationsWHEREAS, Executive Order No. 116 invoked the Emergency Management Act, andauthorizes the undersigned to exercise the powers and duties set forth therein to direct and aid inthe response to, recovery from, and mitigation against emergencies; andWHEREAS, pursuant to N.C. Gen. Stat.§ 166A-19.10(b)(2), the undersigned may make,amend, or rescind necessary orders, rules, and regulations within the limits of the authorityconferred upon the Governor in the Emergency Management Act; andWHEREAS, N.C. Gen. Stat. § 166A-19.10(b)(3) authorizes and empowers theundersigned to delegate Gubernatorial vested authority under the Emergency Management Actand to provide for the sub-delegation of that authority; andWHEREAS, pursuant to N.C. Gen. Stat.§ 166A-19.12(3)(e), the Division of EmergencyManagement must coordinate with the State Health Director to revise the North CarolinaEmergency Operations Plan as conditions change, including making revisions to set "theappropriate conditions for quarantine and isolation in order to prevent the further transmission ofdisease," and following this coordination, the Emergency Management Director and the StateHealth Director have recommended that the Governor develop and order the plan and actionsidentified in this Executive Order; andWHEREAS, pursuant to N.C. Gen. Stat. § l 66A-l 9.23 in conjunction with N.C. Gen. Stat.§§ 75-37 and 75-38, the undersigned may issue a declaration that shall trigger the prohibitionsagainst excessive pricing during states of disaster, states of emergency or abnormal marketdisruptions; andWHEREAS, pursuant to N.C. Gen. Stat.§ 166A-19.30(a)(l), the undersigned may utilizeall available state resources as reasonably necessary to cope with an emergency, including thetransfer and direction of personnel or functions of state agencies or units thereof for the purposeof performing or facilitating emergency services; andWHEREAS, pursuant to N.C. Gen. Stat. § l 66A- l 9.30(a)(2), the undersigned may takesuch action and give such directions to state and local law enforcement officers and agencies asmay be reasonable and necessary for the purpose of securing compliance with the provisions ofthe Emergency Management Act and with the orders, rules, and regulations made thereunder; andWHEREAS, although the NCDHHS County Alert system has identified certain countiesas having higher levels of community transmission in recent data, the professionals delegated theresponsibility to maintain the Coun
Order No. 169 led the undersigned to extend the measures of Executive Order No. 169 under Executive Order Nos. 170, 176, and 180, and to implement fu rther protective actions, including reducing the mass gathering limit on indoor gatherings and requiring Face Coverings in additional settings; and . WHEREA S, since the issuance of Executive .
fair nf nr 4 @arnlina . roy cooper . governor . may 05, 2020 . executive order no. 138 . easing restrictions on tr
WHEREAS, in the totality of these circumstances, the undersigned has determined that at this time the Face Covering requirement should be lifted in most settings, and the capacity
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