Massachusetts Restricts Gatherings And Service Of Alcohol At Restaurants In Response To Uptick In COVID-19 Cases

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Seyfarth Synopsis:  In response to a rise in COVID-19 cases, including those associated with large social gatherings, Massachusetts Governor Charlie Baker has issued a new order limiting outdoor gatherings to 50 people and imposing certain other restrictions on gatherings.  The administration also revised mandatory safety standards for restaurants by prohibiting the service of alcohol to customers who do not order any food prepared on site.     

On August 7, 2020, Governor Charlie Baker announced a number of new initiatives in order to combat the spread of COVID-19.  While Massachusetts has seen an overall decrease in cases since the spring, there has been an uptick in cases over the past three weeks, including clusters of infections traced to house parties.  The Governor announced a new order restricting outdoor gatherings on both public and private property. Outdoor gatherings are limited to 25% of the maximum permitted capacity of the space.  If there is no occupancy limitation on record, then an outdoor gathering is limited to 8 people for every 1,000 square feet of space and a maximum of 50 people.  The previous maximum had been 100 people.  Indoor gathering limits remain unchanged.  They are limited to 8 people for every 1,000 square feet of space and a maximum of 25 people in any enclosed space.  All participants at a gathering must maintain six feet of distance between them.

The order also requires that for any indoor or outdoor gatherings of more than 10 people, all persons over the age of two must wear a face covering (where participants other than those in the same household will be in attendance), unless prevented from doing so by a medical or disabling condition.  The order will take effect tomorrow, August 11, 2020.

The general gathering limitations of the order do not apply to businesses that are authorized to be open under the state’s reopening plan, provided that they are otherwise complying with all mandatory safety standards and capacity limitations.  However, it appears that the section of the order mandating face coverings for gatherings of more than 10 people will apply to such businesses.

The order does not apply to outdoor gatherings for political expression, or gatherings for religious activities.  While large public, unenclosed spaces such as beaches and recreation areas are also exempt from the order, social gatherings, celebrations and other similar activities held at such locations are subject to the order.  A copy of the order can be found here: https://www.mass.gov/doc/revised-gatherings-order-august-7-2020/download.

In addition to limiting the size of outdoor gatherings, the Governor announced changes to the mandatory safety standards for restaurants, effective tomorrow.  The new rules provide that restaurants may only serve alcoholic beverages if accompanied by food prepared on site.  Pretzels, potato chips and other pre-packaged foods do not constitute food prepared on site.  For each customer, an item of food prepared on site must be ordered with an initial alcoholic beverage order.  One or more shareable food items may be ordered, so long as the amount of food ordered is sufficient for the number of people at the table.  Consistent with these rules, Massachusetts will take measures to shut down any bars masquerading as restaurants.  Currently, bars are not permitted to be open, and the Governor announced that the next step of the reopening plan, Phase 3, Step 2, is postponed indefinitely.         

Violations of this order may result in a civil fine of up to $500 per violation and/or an injunction.

We will keep you updated on any further developments with the reopening orders in the Commonwealth.