COVID Update: Los Angeles and San Francisco Issue Revised Stay-At-Home Orders

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Seyfarth Synopsis: On May 7, 2020, the City and County of Los Angeles as well as the City of San Francisco released new orders and/or guidance regarding reopening plans for certain types of businesses.

City of Los Angeles

On May 7, 2020, Mayor Eric Garcetti revised the City of Los Angeles’ Safer at Home Public Order as summarized below.

Delivery and/or Curbside Pick-Up. Starting on May 8, 2020, the following businesses may offer delivery and/or curbside pick-up only:

• Florists;
• Toy stores;
• Music stores;
• Bookstores;
• Clothing and shoe stores; and
• Sporting goods stores.

These businesses may only permit employees to enter their stores. Customers must continue to remain outside the premises at all times. These businesses must also adopt the County of Los Angeles Protocols for Retail Establishments Opening for Curbside Pickup on Friday, May 8, 2020. Moreover, pursuant to the City’s revised Worker Protection Order, employees at these businesses must wear employer-provided face coverings at all times.

Golf Courses, Parks, and Trails. Residents can return to golf courses, trailhead parks and trails (with the exception of Runyon Canyon). However, face coverings are required for anyone using trails or golf courses, as is physical distancing.

Transportation/Travel. Mayor Garcetti also issued a press release stating that, starting May 11, 2020, all riders on DASH, Commuter Express, and Cityride buses are required to wear protective face coverings. All travelers at LAX are similarly required to wear face coverings.

Worker Protection Order. As noted above, on May 7, 2020, the City of Los Angeles also revised its Worker Protection Order. The Order states that certain essential businesses, including those involved in the delivery and shipping of food directly to residences must provide drivers with non-medical grade face coverings and hand sanitizing agents at the expense of the business. If certain food delivery and ride share businesses determine that directly providing all drivers with these items is infeasible, they may, in addition to or in lieu of direct delivery, either allow for drivers to pick up the items at a centralized location(s) and/or may reimburse a driver the reasonable cost of the items.

Social Distancing Protocol. Businesses must still prepare and post a Social Distancing Protocol for each of their facilities within the City of Los Angeles. The Protocol must be posted at or near the entrance to the facility so that it is easily viewable by the public and employees and must be provided to each employee performing work at the facility.

County of Los Angeles

On May 7, 2020, the County of Los Angeles Department of Public Health adopted a phased approach to allowing certain retail businesses to safely reopen. On May 8, 2020, the County issued four sets of Reopening Protocols for Retail, Golf Courses, Trails, and Car Dealerships. The Reopening Protocols (except the one for use of public trails) include checklists of policies and practices that must be followed to protect employee and public health, and must be posted at all public entrances to the facility. 

City and County of San Francisco

San Francisco is planning a slower reopening of businesses. While the State of California permitted some businesses to resume limited operations beginning on May 8, 2020, Mayor London Breed announced on May 7 that the City and County of San Francisco will allow certain retail businesses to reopen for storefront pick-up operations as soon as May 18, later than the State’s envisioned timeline. The first round of businesses that will be allowed to operate with storefront pick-up only are:

• Bookstores;
• Florists;
• Music and record stores;
• Hobby, toy, and game stores;
• Home furnishings and home goods;
• Cosmetics and beauty supply;
• Arts supplies stores;
• Musical instrument and supplies stores, and
• Sewing, needlework, and piece goods stores.

The City anticipates releasing a fulsome order outlining the details on its phased business reopening plan later this week.