New Order Allows Groups Up to 50, Some Sporting Events

Executive Order No. 38

Friday, May 22, Governor Bill Lee issued Executive Order No. 38, which allows groups of up to 50 people to participate in social and recreational activities while encouraging strong social distancing measures. The order’s provisions include:

Effective Friday, May 22, this order supersedes and repeals Executive Order Nos. 30, 33, and 35.

The order permits more Tennesseans and businesses to return to work in all industries where that can be safely accomplished by following health guidelines and maintaining social distancing from persons outside of your household, while continuing to urge employers to allow or require remote work/telework if possible.

Requirements with respect to social and recreational gatherings, such as festivals, fairs, parades, large parties or picnics, noncontact sporting events and activities, summer camps, and other types of social or recreational gatherings, are clarified to focus on the importance of social distancing from persons outside your household and avoiding social/recreational groups of 50 or more persons, consistent with recent conversations and input from counties across the state, including the six locally run county health departments with independent orders or plans in place.

This limitation does not cover places of worship, for which there are guidelines for safe operation of worship services and gatherings if in-person services are conducted, but the order strongly encourages places of worship to continue virtual or online services where possible.

This limitation does not apply to weddings, funerals, and related events, but encourages postponement of large-gathering components of such events.

Non-contact sporting events and activities and summer camps should be conducted in accordance with operational guidance from the Governor’s Economic Recovery Group (e.g., Tennessee Pledge), which is forthcoming soon.

Contact sporting events and activities, where there is a requirement or substantial likelihood of routine close contact and adequate social distancing is not feasible, are prohibited, but this does not apply to collegiate or professional sports conducted under the rules or guidelines of their respective governing bodies. This also does not prohibit training or otherwise practicing the elements of such sports that do not involve close contact with persons.

Nursing homes and similar retirement and long-term-care facilities must remain closed to visitors, unless in the discretion of the facility the visit involves critical assistance for the resident or is to a resident receiving end-of-life care, provided that such a visit may be accomplished without unreasonable risk. These facilities must also ensure that residents with disabilities are afforded necessary visitation by service providers and other persons.

Administrators of nursing homes and similar retirement and long-term-care facilities are strongly encouraged to provide COVID-19 testing to all residents and staff or take substantial steps toward completing such testing by May 31, 2020. Financial and operational support for such testing is available from the Tennessee Department of Health and Tennessee National Guard.

Senior centers or equivalent facilities remain closed to members or the public.

Attractions and larger venues may reopen, but should follow the Economic Recovery Group Guidelines (e.g., Tennessee Pledge), including with respect to social distancing and capacity limits

Bars may reopen, but may only serve customers seated at appropriately spaced tables and must follow the Economic Recovery Group Guidelines (e.g., Tennessee Pledge) for restaurants.

Tennesseans are urged to continue limiting activity and staying home as much as possible to preserve and build on the health progress we’ve made.

All employers and businesses that choose to open are expected to comply with the Governor’s Economic Recovery Group Guidelines for operating safely, as well as general health guidelines from the CDC and other government entities.

Persons and businesses are urged to take special care to protect and provide for the well-being of vulnerable populations, including by offering delivery or special shopping hours if possible.

Persons with COVID-19 or COVID-19 symptoms are required to stay at home, and employers may not require or allow employees with COVID-19 to work.

Persons are urged to wear a cloth face covering in places where in close proximity to others, especially where social distancing is difficult.

Take-out and delivery alcohol sales by restaurants and limited-service restaurants will continue to be permitted to encourage customers to utilize take-out or delivery options.

For the 89 counties without a locally run county health department (all but Davidson, Hamilton, Knox, Madison, Shelby, and Sullivan), this order supersedes any contrary orders or measures, meaning that the counties cannot issue independent orders that would limit application of Executive Order No. 38, though counties may continue issuing or enforcing orders or measures on other matters related to COVID-19, such as opening or closure of their governmental buildings, governing their employees, or dealing with the operation of their local government.

The county health departments in the 6 counties with locally run county health departments (Davidson, Hamilton, Knox, Madison, Shelby, and Sullivan) shall have authority to issue orders or measures that permit or restrict to a different degree than this order the opening, closure, or operation of businesses, organizations, or venues, or the gathering of persons, except for in the case of places of worship. Otherwise, this order governs on the topics it covers.

Tennessee continues to be a national leader in COVID-19 testing. Tennessee has already tested 2.5% of the state’s population and is on track to reach 3% by the end of May, surpassing the White House’s testing criteria of 2% per month for a safe reopening.