Featured plan

This is an in-depth summary of one of the latest reopening plans. Is there a plan you’d like us to feature? Reply to this email and let us know.

On May 1, New Hampshire Gov. Chris Sununu (R) unveiled a phased plan to reopen businesses that had been closed during the state’s original stay-at-home order, which took effect on March 24 and expired on May 4. Also on May 1, he issued a modified stay-at-home order which runs through May 31.

The plan provided for businesses to resume operations in waves:

• May 1: Campgrounds, manufacturing, state parks.
• May 4: Certain health care facilities/services.
• May 11: Retail stores, drive-in movie theaters, public and private golf courses, barbers and hair salons.
• May 18: Restaurants.

Sununu released industry-specific guidance documents for each type of business.

On announcing the plan, Sununu said, “The people of New Hampshire have taken this epidemic incredibly seriously. We have all played a small part in flattening the curve and slowing the spread of COVID19. We all know you are healthier at home, and that continues to be true, but we are also taking steps to reopen our economy in a smart, step-by-step approach that is supported by facts, science and data.”

Context

• As of May 11, New Hampshire had 3,160 confirmed COVID-19 cases and 133 reported deaths. As of July 2019, New Hampshire had an estimated population of 1.4 million residents. New Hampshire had 232.4 confirmed cases per 100,000 residents and 9.8 reported deaths per 100,000 residents as of May 11.
• New Hampshire has a divided government, with a Republican governor and Democratic majorities in both chambers of the state Legislature.
• Sununu’s stay-at-home order took effect on March 24, directing individuals to remain at home (with exceptions made for carrying out essential activities) and placing restrictions on nonessential businesses. The original order was set to expire on May 4. Sununu issued a modified stay-at-home order to replace the original. The modified order was set to expire on May 31. 

Plan details

Modified stay-at-home order (individual guidelines) 

New Hampshire’s modified stay-at-home order is in effect from May 1 through May 31 and directs individuals to stay home, with the following exceptions:

• Outdoor recreation, subject to social distancing protocols.
• Essential errands (e.g., trips to the grocery, pharmacy, etc.).
• Visits with spouses, parents, or children.
• Providing care for others.
• Going to a gas station.
• Ordering and picking up take-out food.
• Receiving deliveries.
• Receiving medical or dental care.
• Going to work.
• Patronizing or seeking services from essential businesses or businesses authorized to resume operations.

Universal business guidelines

The reopening plan outlined universal guidelines for all New Hampshire employers and employees.

General guidelines for all employers:

• Employers must require employees who are feeling ill to remain at home.
• Employers must screen all employees reporting for work for COVID-19 symptoms. Employers must instruct any employee who exhibits or COVID-19 symptoms or answers “yes” to any of the screening questions to leave immediately and seek medical advice.
• “Employers must strongly promote frequent hand hygiene and alcohol-based hand sanitizer must be made readily available.” They must also “implement workplace cleaning and disinfection practices.”
• Employers must support the use of face coverings in areas where social distancing is not feasible, implement social distancing guidelines, and modify employee schedules to reduce physical interactions wherever possible. They must permit employees to work from home wherever possible.
• Employers must, if necessary, update their employee illness policies to comply with current public health recommendations.
• Employers must “communicate frequently with both employees and customers about steps being taken to prevent spread of COVID-19 in the workplace.”

General guidelines for all employees

• Employees must stay home if they are feeling ill and seek medical care as appropriate.
• Employees must increase hygiene practices, wear cloth face coverings, practice social distancing, and abide by employer, local, and state guidelines.

Business reopenings and restrictions effective May 1

The following were permitted to reopen effective May 1, subject to the following sector-specific guidelines:

• Campgrounds: Open only to members or New Hampshire residents; indoor and outdoor gatherings limited to a maximum of 10 people; swimming pools and playgrounds closed; group campsites closed; campsite occupancy limited to 6-8 people; no visitors allowed.
• Manufacturing: Adjust processes to accommodate social distancing (including spacing out equipment, staggering shifts, etc.).
• State parks: Playgrounds and boat rentals closed; water fountains turned off; public ocean beaches closed.

Business reopenings and restrictions effective May 4

The following were permitted to reopen effective May 4, subject to the following sector-specific guidelines:

• Certain healthcare services: Some non-emergency healthcare services and procedures may resume, subject to sufficient capacity, COVID-19 screening and testing capabilities, and adequate supplies of personal protective equipment.

Business reopenings and restrictions effective May 11

The following were permitted to reopen effective May 11, subject to the following sector-specific guidelines:

• Retail: Retail businesses may reopen their physical locations at 50% of their normal capacity.
• Drive-in movie theaters: Minimum 10-feet spacing between cars must be maintained.
• Public and private golf courses: pro shops and clubhouses remain closed; amenities such as pools, locker rooms, etc. remain closed.
• Barbers and hair salons: Services available by appointment only; both customers and staff must wear face coverings; services are limited to haircuts and root touch-ups.

Business reopenings and restrictions effective May 18

The following were permitted to reopen effective May 18, subject to the following sector-specific guidelines:

• Restaurants: Outdoor seating permitted with no more than six guests per table; indoor dining remains closed; bar seating remains closed

Reactions

• Before the May 11 reopening of retail businesses, Mike Skelton, president and CEO of the Greater Manchester Chamber of Commerce, said, “I think that for the retail sector it’s a step forward into a new normal that is going to be part of our daily lives for some time. While I’m sure it will not be without its hiccups or challenges, the sooner that businesses can start learning how to adapt to new guidelines and protocols, the better. I think they’re going to be able to learn from that and improve their operations and how they can most successfully operate in this environment.”

• Katherine Nevins, owner of an independent bookstore in Warner, said, “How do we determine who is safe to come in and who’s not safe? And after they leave, the environment is potentially not safe for the next customer. It’s just absurd. As a business owner and someone who cares immensely about my community, I would not risk any one.”

• Jim Roche, president of the Business and Industry Association, sent Sununu a letter urging him to issue an executive order establishing liability protections for businesses as they reopen: “On behalf of the thousands of enterprises we collectively represent in all corners of New Hampshire, we the undersigned respectfully request that you promulgate an emergency order under the powers conferred upon you during this pandemic to create a legal ‘safe harbor’ for employers to protect from COVID-19 related liability litigation. Absent such protection, business of all shapes and sizes will be deterred from reopening or returning to pre-pandemic operations, slowing New Hampshire’s economic recovery.”

• State Senators Kevin Cavanaugh and Martha Hennesey, both Democrats, sent the governor a letter urging him against granting such liability protections: “Granting blanket immunity to businesses from liability as it relates to spreading the coronavirus would be a grave mistake. It would be a mistake, not only because of the physical danger that it presents to New Hampshire public health, but also the danger it poses to the intricate and complicated legal relationship between employee and employer.”

Additional activity

In this section, we feature examples of activities by other federal, state, and local governments and influencers relevant to recovering from the pandemic.

• Idaho (Republican trifecta): Treasure Valley Classical Academy, a public charter school, announced that it would be the first school to reopen to in-person instruction in Idaho on May 18, if the state moves to Phase Two of Gov. Brad Little’s (R) reopening plan on May 16. The school received approval to reopen from their regional health district. There are 294 students between kindergarten and sixth grade enrolled at the school, which would have nine days remaining until summer break. Idaho schools are permitted to reopen when local social distancing orders are lifted and if schools meet certain State Board of Education criteria. Montana has also permitted local school districts to open to in-person instruction.
• Illinois (Democratic trifecta): Madison County (outside St. Louis) officials will vote this evening on a resolution to reopen the county. The resolution calls Madison a “constitutional republican” and would lift any stay-at-home order there.
• Michigan (divided government): On May 11, Shiawassee County Circuit Court Judge Matthew Stewart rejected an attempt by Attorney General Dana Nessel (D) to obtain a restraining order to close down a barbershop that had reopened for business on May 4, in violation of an executive order. The state issued a health protection order against Karl Manke’s Barber and Beauty Shop in Owosso on May 8. When Manke refused to comply with the order and close his shop, Nessel petitioned Stewart for the restraining order. It is unclear whether Nessel’s office intends to appeal the decision.
• Minnesota (divided government): On May 11, the Minnesota State Senate, which has a Republican majority, voted 39-28 in favor of a bill that would allow businesses to reopen. They would have to develop a COVID-19 preparedness plan and provide a statement indicating that they will comply with testing protocols and workplace safety measures established by the state department of health and the Centers for Disease Control. It now goes to the Minnesota House of Representatives, which has a Democratic majority. Gov. Tim Walz is also a Democrat.
• Texas (Republican trifecta): The Texas Restaurant Association and a group of bar owners delivered a plan to Gov. Greg Abbott (R) for reopening bars and nightclubs.