Capell & Howard P.C. Attorneys At Law Montgomery & Auburn/Opelika, AL

Alabama’s Shelter-In-Place Order

April 8, 2020

Alabama’s Shelter-In-Place Order

On April 3, 2020, the Alabama State Health Officer revised his prior Order Suspending Certain Public Gatherings.  Among other things, the revised order compels Alabamians to remain at home unless they leave for certain essential activities.

Essential activities include: (1) obtaining necessary supplies (e.g., food, consumer goods, prescription drugs, fuel, material for distance learning, pet supplies); (2) obtaining or providing necessary services (e.g., certain dental, medical and surgical procedures; government services;  auto repairs; to treat individuals with certain disabilities or disorders); (3) qualifying religious services; (4) taking care of others; (5) working at an essential business or operation; (6) engaging in certain outdoor activities; (7) seeking shelter; (8) traveling as required by law; and (9) visiting family members.  Despite these exceptions, anyone traveling for an essential activity must nonetheless adhere to the six-foot social-distancing mandate.

Essential businesses and operations include certain businesses in the following categories: (1) government operations (e.g., first responders); (2) health care providers and caregivers; (3) infrastructure operations (e.g., utilities, transportation, auto repair, lodging); (4) manufacturing facilities; (5) agricultural operations and farms; (6) essential retailers; (7) restaurants (for pick-up or delivery); (8) essential personal services (e.g., trash, mail, warehouse, kennels, dry cleaners, child care, payroll, and funeral); (9) media operations; (10) educational operations; (11) financial services; (12) professional services (e.g., legal, accounting, insurance and real estate); (13) providers of bare necessities (e.g., shelters, food banks); (14) construction and related services; (15) essential public services (e.g., law enforcement, firearm retailers, security, auto sales); (16) military or defense operations; (17) religious entities; (18) federally-designated critical infrastructure; (19) essential businesses as defined by ADPH or AEMA; and (20) support operations for essential businesses and industries (e.g., employees, vendors, independent contractors of essential businesses and industries).

In addition to excluding some retail from the definition of essential businesses, retailers that are permitted to operate under the newest regulations must adhere to the following restrictions: (1) operate at 50% of its normal occupancy restrictions; (2) post the reduced occupancy rate in a conspicuous place; (3) have enough staff at entrances and exits of the building to enforce the reduced occupancy requirement; (4) have employees enforce the six-foot social-distancing mandate; and (5) take reasonable steps to comply with the CDC and ADPH sanitation recommendations.

Here is a link to the full text of the revised order: