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Summary of Governor’s ‘Emergency Order’ EO 20-103, and Note on UMLC Challenges Against All Governor’s Orders

INTRODUCTION

The following is a summary of the provisions of the Governor’s latest, revised ‘Emergency Order.’ The Upper Midwest Law Center has brought state and federal lawsuits challenging the Governor’s authority to issue all of his so-called ‘emergency orders’ (see descriptions of the Northland Baptist, Shady’s Bar and Snell cases in Lawsuit section of this website). Although we sympathize with all those who are suffering under these lawless orders, we cannot undertake additional challenges. The case we are pursuing, however, if we prevail, should invalidate the orders for most purposes and offer relief to Minnesota citizens, businesses and places of worship. We do encourage those who are opposed to the orders and have personal experience with the harm they are causing to call and write the Governor’s and Attorney General’s offices and civilly register their complaints. Please also contribute to our non-profit law firm’s efforts to fight the orders. This website has more information on donations. We appreciate your help.

Best, Doug Seaton, President

The following restrictions are effective until January 10 at 11:59 pm.

·      Social gatherings

o   Indoor: Changed from forbidden to 10 people, 2 households, mandatory 6 ft of separation

o   Outdoor: Changed from forbidden to 15 people, 3 households, mandatory 6 ft of separation

·      Nature-based Outdoor Activities

o   Any activity dependent or derives from natural surroundings and open space

o   Unchanged

o   Some activities made easier, including guided fishing and birding, see below

·      Outdoor public accommodations

o   Any activity not dependent on natural surroundings and public accommodations, including racetracks, paintball, go-karts, minigolf, festivals, fairs, and amusement parks

o   Changed from forbidden to 6 ft distancing, 25% capacity or 100 people, distributing food is forbidden after 10 pm, drive-in allowed. Customers must be seated while eating or drinking.

·      Places of public accommodation like restaurants, bars, wineries, hookah bars, and other places that offer food, beverages, or tobacco products are closed for indoor service, but can provide outdoor service up to 50 percent capacity or 100 people, maintaining 6 ft.

o   Only four customers are allowed to be seated at one table.

o   Customers are allowed to be indoors in order to pack food and pay bill in cases of inclement weather, but must immediately leave.

o   6 ft distancing must be maintained at all times while indoors, and indoor sheltering is forbidden.

o   Up to 5 people are allowed inside to pickup food or drink.

·      Gyms, fitness centers, dance studios and other indoor sports facilities are increased in capacity from forbidden to 25 percent or 100 people, whichever is less.

o   Social distancing of 12 feet is mandatory whenever anyone is exercising, with 6 feet of distancing otherwise.

o   Masks must be worn at all times, regardless if you have a medical exception, or if you are within a condominium or apartment gym. This does not apply to home gyms.

o   Trampoline parks are still banned, reclassified under indoor entertainment

·      Guided activities. governed under §§ 6, 8 and 9 cover outdoor “workouts, practices, training or skill-building,” including guided fishing and birding.

o   increased from forbidden to a cap of three households and cannot involve more than one guide or instructor. Spectators are not allowed.

o   The instructor must stay 6 feet away from participants except in cases where necessary because of age or disability, and each group of three households and an instructor must stay 12 feet away from anyone else.

o   All competitions, tournaments, races, and other events are still banned

o   Child care providers, youth programs, and PE instruction during a school day are exempt.

o   Professional sports, collegiate athletics are exempt

·      Ban on indoor events and entertainment ie. theaters, cinemas, concert halls, museums, stadiums, arcades, bowling alleys, party buses and trampoline parks, are expanded to include permanent, temporary or mobile accommodations.

The following restrictions will go into effect on January 3rd at 11:59 pm, and will last until January 10th, at 11:59 pm

·      Organized Youth and Adult Sports will be allowed

o   Must follow and distribute COVID preparedness plans according to staysafe.mn.govDECEMBER 18, 2020

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