The COVID Project
The record
- Jurisdiction
- Delaware
- Level
- State
- Authority
- 20 Del. C. ch. 31
- Issued
- 2020-06-14 June 14, 2020
- Effective
- 2020-06-15 8:00 a.m. E.D.T. (approved June 14, 2020 at 5:00 p.m.) (read as 2020-06-15)
- End
- Amended by DE-026, DE-027, DE-028; struck and consolidated into the Omnibus effective Sept. 4, 2020 (DE-031) (read as 2020-09-04)
- In force
- June 15, 2020 to Sept. 4, 2020
- Quarters
- 2020 Q22020 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Telework mandateCapacity limitGathering capFace-covering requirementSchools and child careEvents and venuesWorkplace rules
- Addressees
- all businesses and activities in Phase 2 (restaurants, casinos, hotels, convention centers, houses of worship, pools, youth sports, child care, retail, personal care, exercise facilities)
- hosts of gatherings and events
- employers
- school districts (graduations)
- Functions reached
- SF/DR/AM every business capped at 60 percent (exercise facilities 30 percent)
- MC/EV conventions, weddings and events over 250 prohibited absent DPH plan
- OF telework: 'should continue working from home'
- EC child care reopened at group size 15
- HR/WF exclusion of isolated and quarantined employees
- Collection
- Delaware DE
Operative words
§ C.1: 'Businesses and activities provided with specific industry guidance in Phase 2 (e.g. restaurants, casinos, hotels, convention centers, houses of worship, pools, youth sports, etc.) are excluded from the gathering requirements in this Section but must comply with the... fire occupancy requirements set forth herein (e.g. 30% or 60% (excluding staff)) and all... applicable Division of Public Health ("DPH") guidance.' § C.3: 'Gatherings/Events over 250 people... including but not limited to weddings, concerts, parades, [festivals, conventions, fundraisers, sporting events and fairs] are hereby prohibited at all locations and venues, except that hosts of large gatherings and events may apply to host a large gathering or event by submitting a plan to [email protected] at least seven (7) days prior.' § D.5 (Responsibilities of all Businesses): 'a. All employees, patrons, and visitors must wear cloth face coverings...; j. Businesses must stagger services, appointments, or other scheduled gatherings...; l. For fixed seating venues, only sixty percent (60%) of patron or visitor seating may be used...; p. Employers are encouraged to continue teleworking. Employees who have been working from home throughout this crisis should continue working from home unless there is a substantive change to business operations in Phase 2 (e.g., a business was closed, but now it's open).... r. Prohibit employees who have been told they must be isolated or quarantined from on-premises work until isolation or quarantine status is discontinued by DPH.' § D.7.k: 'Child care. Child care may reopen to all families, with a maximum allowable group size of fifteen (15) children.'
Enforcement
20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause); Phase 2 Reopen Plan incorporated by reference
Notes
The Phase 2 regime governed Delaware from June 15, 2020 to May 21, 2021 (through the Omnibus and its Revisions).
Retrieval noteRead (operative sections).