The COVID Project
The record
- Jurisdiction
- Delaware
- Level
- State
- Authority
- 20 Del. C. ch. 31
- Issued
- 2020-03-22 Mar. 22, 2020
- Effective
- 2020-03-24 8:00 a.m. E.D.T. (approved Mar. 22, 2020 at 4:02 p.m.) (read as 2020-03-24)
- End
- 2020-06-01 8:00 a.m. E.D.T. (Twentieth Modification § B.1: 'the Fifth Modification... and all amendments thereto, are hereby stricken and replaced with this Twentieth Modification and Delaware's Phase 1 Reopen Plan', Ex. DE-024) (read as 2020-06-01)
- In force
- Mar. 24, 2020 to June 1, 2020
- Quarters
- 2020 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Stay-at-homeBusiness closureGathering capTravel and quarantine
- Addressees
- all individuals living within Delaware
- all businesses (Minimum Basic Operations)
- public transit passengers
- health-care providers offering testing
- Functions reached
- CB customer base confined to residences
- WF workforce confined except for permitted work
- TR/TV all travel prohibited except Essential Travel
- OF non-essential offices limited to Minimum Basic Operations (remote work facilitation)
- MK/GATH social gatherings of any size discouraged; events barred by DE-002/DE-012
- Collection
- Delaware DE
Operative words
¶ 1: 'Shelter in place of residence. Effective March 24, 2020 at 8:00 a.m. E.D.T., with the exceptions as outlined below, all individuals currently living within the State of Delaware are ordered to shelter in place, at their home or place of residence except as permitted in this Fifth Modification... All persons may leave their homes or places of residence only for Essential Activities or Essential Travel, as defined below.' ¶ 6: 'Prohibited and permitted travel. All travel (including, but not limited to, travel on foot, bicycle, scooter, motorcycle, automobile, and public transit), except Essential Travel or travel for Essential Activities, as defined below, is prohibited.' ¶ 7.d: Essential Activities include 'To perform work permitted by the Fourth Modification.' ¶ 10: 'Minimum Basic Operations... include... a. The minimum necessary activities to maintain the value of the business's inventory, preserve the condition of the business's physical plant and equipment, ensure security, process payroll and employee benefits, or for related functions. b. The minimum necessary activities to facilitate employees of the business being able to work remotely or continue to work remotely from their residences.' ¶ 11: 'The intent of this Order is to ensure that the maximum number of people self-isolate in their places of residence to the extent feasible, while enabling essential services to continue.' Recital: 'Delawareans should refrain from organizing or attending social gatherings of any size, except for regular interactions with immediate family members, members of the same household, caregivers, or individuals with whom you have a close personal relationship.' ¶ 13: 'This Order has the force and effect of law. Any failure to comply... constitutes a criminal offense. 20 Del. C. §§ 3115 (b); 3116 (9); 3122; 3125.'
Enforcement
¶ 13: force and effect of law; criminal offense under 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125; ¶ 4 preserves DEMA isolation and quarantine orders under 20 Del. C. § 3136 and DPH orders under 16 Del. C. § 505
Notes
The paradigm stay-at-home order: an order to the public limiting commerce, travel and group meetings in terms. Hotels, motels and shared rental units are 'homes and residences' for the order's purposes (¶ 5).
Retrieval note7 pages, read in full; upgrades the bundled DE-03 (verified_secondary) to verified_primary. Governor's copy also live at governor.delaware.gov/wp-content/uploads/sites/24/2020/03/Fifth-Modification-to-State-of-Emergency-03222020.pdf.