By: Mary Agramonte           

A Statewide shelter-in-place order will go in place today, Friday April 3, 2020 at 6:00p.m. The order is to stay in effect until April 13, 2020 at 11:59pm. It is an Executive Order requiring everyone to remain home unless conducting Essential Services, Minimum Basic Operations, or Critical Infrastructure.

You may be wondering what this all means. What is considered essential? And what if I am out doing non-critical infrastructure work? Will police be making arrests for this? Will I be prosecuted?

Essential Services

            During the Shelter in Place Order, you may leave the home to conduct Essential Services. This includes getting food and medication for you and your family, although pick up and delivery should take preference according to the Order. You may continue to exercise outside so long as there is six feet between other people. You can seek medical, behavioral health, and emergency services during the Shelter in Place Order.

            Minimum Basic Operations

            The second category mentioned in the Order that allows travel outside the home is “Minimum Basic Operations.” This part is extremely limited. Unless your business is defined as Critical Infrastructure, discussed later in this article, the minimum basic operations only allow you to leave the home for minimum necessary activities to maintain value of the business. This means process payroll and facilitating employees to work from home. Companies with employees who work outdoors can continue working including delivery, contractors, landscapers, and agriculture. If a business is conducting Minimum Basic Operations, the order requires screening of employee health, required time off if sick, providing protective equipment as available, implementing staggered shifts, and prohibiting workers gathering.

            Critical Infrastructure Work Force

            The third category of exemptions to the Shelter in Place Order is for Critical Infrastructure. This refers to businesses that have been defined by the United States Department of Homeland Security as “essential critical infrastructure workforce.” This includes workers in Communications, Energy, Government Facilities, Healthcare, Food Services, Nuclear Work, Legal Services, Financial Services, among others. Critical Infrastructure that continues in-person operations must implement measures to mitigate exposure and spread of COVID-19. This means enhancing sanitation of workplace, requiring hand washing, providing personal protective equipment as available, and prohibiting gatherings of workers. Video conferencing is strongly encouraged in all sectors.

            Forbidden Activities

Activities strictly forbidden by the order are in-room dining restaurants, bars, gyms and fitness studios, and live performance venues. Additionally, beauty and massage businesses must close.

During the Shelter in Place Order, visitors to the home are forbidden. This means it is against the law to have friends or family from outside the home come visit. Obviously, visitors providing medical services or supplies are allowed, as well as visitors coming by to provide necessary food and supplies, to the extent practicable without using in-person contact. Visitors can still be received during end-of-life circumstances.

Will I be Arrested or Cited for Violating the Order?

Pursuant to O.C.G.A. 38-3-7, any person who violates the Order will be guilty of a misdemeanor offense. Misdemeanors in Georgia carry a punishment of up to 12 months in jail and/or a fine of $1,000. The Order does direct law enforcement to take reasonable steps to provide notice before issuing a citation or making an arrest. Police are empowered by law to make citations and arrests, and prosecuting attorneys office will investigate and bring formal charges should they choose when courts re-open.

Read the full Statewide Shelter in Place Order Here: https://gov.georgia.gov/document/2020-executive-order/04022001/download

The Law Office of W. Scott Smith, as a legal services provider, is entitled to work during this time, and we continue to be available 24/7 for our clients and for FREE CONSULTATIONS on criminal charges. Call us today at 404-581-0999 if you or a loved one has a criminal issue during this time.