The order announced earlier today by Governor Little has now been issued. In a nutshell, it orders all Idaho citizens to self-isolate for a period of 21 days from today (April 15, 2020). Exceptions to this order include the provision of “certain essential activities and work to provide essential business and government services or perform essential public infrastructure construction, including housing.” All bars, nightclubs, gyms, and recreation facilities have been ordered to close. Restaurants must cease their dining operations but may continue to provide takeout and delivery service.
In circumstances under which individuals are allowed to interact outside their residence, they must maintain a distance of at least six feet from others, wash their hands with soap and water for at least 20 seconds as frequently as possible, cover coughs or sneezes, and not shake hands. For employers not providing essential business or government services, they must take all necessary steps to allow their employees to work remotely from home to the greatest extent possible. The order further limits sick individuals from working or moving outside their homes except as necessary for medical care. The order allows people to exercise outside of their homes, but they must maintain a distance of at least six feet from others who are not living with them during their exercise.
The Order provides the following definitions:
Essential Activities:
i. To engage in activities or perform tasks essential to their health and safety, or to the health and safety of their family or household members (including, but not limited to, pets) or livestock, such as, by way of example only and without limitation, obtaining medical supplies or medication, visiting a health care professional, or obtaining supplies they need to work from home.
ii. To obtain necessary services or supplies for themselves and their family or household members, or to deliver, including by truck or rail, those services or supplies to others, such as, by way of example only and without limitation,
canned food, dry goods, fresh fruits and vegetables, pet supplies, livestock feed and supplies, fresh meats, fish, and poultry, and any other household consumer products, and products necessary to maintain the safety, sanitation, and
essential operation of residences.iii. To engage in outdoor activity, provided the individuals comply with Social Distancing Requirements as defined in Section 8.j., such as, by way of example and without limitation, walking, hiking, bicycling, or running.
iv. To perform work providing essential products and services at an Essential Business or to otherwise carry out activities specifically permitted in this Order, including Minimum Basic Operations.
v. To care for a family member or pet in another household.
Individuals may leave their residence to obtain services from or to work for “Healthcare Operations.” These include, “hospitals, clinics, dentists, pharmacies, pharmaceutical and biotechnology companies, other healthcare facilities, healthcare suppliers, home healthcare services providers, mental health providers, or any related and/or ancillary healthcare services. . . . veterinary care and all healthcare services provided to animals.”
Individuals may also leave their residence to provide services to or work on “Essential Infrastructure.” This term means “public works construction, commercial construction and the transfer and selling thereof, construction of housing (in particular affordable housing or housing for individuals experiencing homelessness) and the transfer and selling thereof, airport operations, water, sewer, gas, electrical, oil refining, mining, roads and highways, public transportation, solid waste collection and removal, internet, and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, telecommunications relay service, and web-based services).”
“First responders, emergency management personnel, emergency dispatchers, court personnel, and law enforcement personnel, and others working for or to support Essential Businesses” are exempt from the Order. Those providing Essential Government Functions are also excluded. Government Functions include those necessary to “ensure the continuing operation of local, state, federal, or tribal government agencies and provide for the health, safety and welfare of the public.”
The term “Essential Businesses” means the following, pursuant to Section 8(f) of the Order:
i. Healthcare Operations and Essential Infrastructure;
ii. Grocery stores, certified farmers’ markets, farm and produce stands, supermarkets, food banks, convenience stores, and other establishments engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, pet supply, fresh meats, fish, and poultry, liquor, beer, and wine and any other household consumer products (such as cleaning and personal care products). This includes stores that sell groceries and also sell other non-grocery products, and products necessary to maintaining the safety, sanitation, and essential operation of residences;
iii. Food cultivation and production, including farming, livestock, fishing, and food processing;
iv. Businesses that provide food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals;
v. Newspapers, television, radio, and other media services;
vi. Gas stations and auto-supply, auto-repair, and related facilities;
vii. Banks, credit unions, and financial institutions, including processing and maintaining systems for processing financial transactions and services (e.g., payment clearing, and settlement; wholesale funding; insurance services; and capital markets activities);
Viii. Hardware stores and firearms businesses as provided for in Idaho Code section 46-601(3);ix. Plumbers, electricians, exterminators, landscapers, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, Essential Activities, and Essential Businesses;
x. Businesses providing mailing and shipping services, including post office boxes;
xi. Educational institutions-including public and private K-12 schools, colleges, and universities-for purposes of facilitating distance learning or performing essential functions, provided that social distancing of six-feet per person is maintained to the greatest extent possible;
xii. Laundromats, dry cleaners, and laundry service providers;
xiii. Restaurants and other facilities that prepare and serve food, but only for delivery or carry out. Schools and other entities that typically provide free food services to students or members of the public may continue to do so under this Order on the condition that the food is provided to students or members of the public on a pick-up and takeaway basis only. Schools and other entities that provide food services under this exemption shall not permit the food to be eaten at the site where it is provided, or at any other gathering site;
xiv. Hotels, motels, shared rental units, and similar facilities for purposes of housing, or to quarantine, those individuals exempted under Section 8. xv. Businesses that supply products needed for people to work from home;
xvi. Businesses that supply other Essential Businesses or Essential Government Functions with the support or supplies necessary to operate;
xvii. Businesses that ship or deliver groceries, food, goods or services directly to residences;
xviii. Airlines, taxis, and other private transportation providers providing transportation services necessary for Essential Activities and other purposes expressly authorized in this Order;
xix. Home-based care for seniors, adults, or children;
xx. Residential facilities and shelters for seniors, adults, and children;
xxi. Essential tribal operations;
xxii. All operations at or related to the Idaho National Laboratory or needed to support or provide supplies to the Idaho National Laboratory;
xxiii. Professional services, such as legal or accounting services, when necessary to assist in compliance with legally mandated activities;
xxiv. Childcare facilities providing services that enable employees exempted in this Order to work as permitted. To the extent possible, childcare facilities must operate under the following condition: childcare must be carried out in as small and stable groups as possible.
This separate document provides further guidance on the definition of essential services and essential business. For up-to-date information about COVID-19 in Idaho, please visit: https://coronavirus.idaho.gov/
If you have further questions about this or any other legal issue, please feel free to contact us.