California Announces Limited Reopening for Retail Beginning on May 8

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Seyfarth Synopsis:  On Monday, May 4, 2020, Governor Gavin Newsom announced that California will move into Phase 2 of the State’s COVID-19 reopening plan on May 8. Among other things, the shift will allow non-essential retailers to offer curbside pick-up services, but other businesses, such as offices, dine-in restaurants, and indoor malls will remain closed for the time being.

At a May 4 press conference, Governor Newsom announced that starting May 8, California will begin to ease some of the restrictions the State’s stay-at-home order has placed on businesses. The Executive Order and accompanying PowerPoint presentation are here and here. Neither details the specific social distancing requirements businesses must take to reopen on May 8; those details will be released on May 7. However, the Governor outlined the following for the May 8 reopening:

• Stricter county orders, such as those recently extended in the Bay Area, will remain in effect;
• Retailers will be able to reopen for curbside pick-up (including clothing stores, bookstores, sporting goods stores, and florists), subject to forthcoming requirements;
• Associated logistics, manufacturing, and supply chains for the retailers will be able to reopen, subject to forthcoming requirements;
• Offices, dine-in restaurants, and shopping malls are among the businesses that will remain closed, and will be part of a later Phase 2 reopening plan;
• Counties will have the ability to seek permission to reopen further than the State order permits, provided they submit readiness plans to the State. 

As we await additional guidance from the State, it is not too early to develop a reopening plan. We have resources here to get you started.