Georgia: State-by-State COVID-19 Guidance

Please note: As of April 15, 2021 we are no longer doing regularly scheduled updates to this page.

April 1, 2021:

On March 31, 2021, Governor Brian Kemp signed three new executive orders: Executive Order 03.31.21.01, Executive Order 03.31.21.02, and Executive Order 03.31.21.03.

Order 03.31.21.01 is the thirteenth renewal of the Public Health State of Emergency Order to continue restrictions originally put in place in by Order 03.14.20.01 to prevent the spread of COVID-19. The public health emergency order will be in effect until 11:59 p.m. on April 30, 2021. Executive Orders 03.31.21.02 and 03.31.21.03 extend “Empowering A Healthy Georgia,” through April 30, 2021. The Orders maintain previous guidelines to mitigate the spread of COVID-19.

March 25, 2021:

Governor Brian Kemp announced that beginning March 25, 2021, all residents age 16 and older will be eligible to receive a vaccine.

March 18, 2021:

The Georgia Department of Public Health has announced that the following groups are eligible for the COVID-19 vaccine in Georgia:

• Healthcare workers (including physicians, nurses, laboratory technicians, EMS personnel, environmental services, etc.);
• Residents and staff of long-term care facilities;
• Adults aged 55 and over;
• Law enforcement, firefighters, first responders;
• Judges and court staff;
• Educators and staff (including PreK-12, DECAL licensed or exempt childcare programs);
• Adults with intellectual and developmental disabilities and their caregivers;
• Parents of children with complex medical conditions who are at high risk for COVID-19 complications;
• Individuals with disabilities; and
• Individuals aged 16 years and older with certain medical conditions that increase their risk of severe illness from COVID-19.

March 15, 2021:

Governor Brian Kemp signed Executive Order 03.12.21.01 on March 12, 2021. The Order extends “Empowering A Healthy Georgia,” which is in effect from March 15, 2021 through March 31, 2021. The Order maintains previous guidelines to mitigate the spread of COVID-19.

March 1, 2021:

Governor Brian Kemp signed two new executive orders on February 26, 2021: Executive Orders 02.26.21.01 and 02.26.21.02.

Order 02.26.21.01 is the twelfth renewal of the Public Health State of Emergency Order to continue restrictions originally put in place in by Order 03.14.20.01 to prevent the spread of COVID-19. The public health emergency order will be in effect until 11:59 p.m. on April 6, 2021.

Order 02.26.21.02 provides additional guidance for “Empowering A Healthy Georgia.” The Order, which is in effect from March 1, 2021 through March 15, 2021, maintains previous COVID-19 guidelines, including social distancing requirements, a ban on gatherings of more than 50 people unless individuals remain six feet apart, and provisions allowing pharmacists and nurses to administer COVID-19 vaccinations when the vaccine becomes available.

February 15, 2021:

On February 15, 2021, Governor Kemp signed Executive Order 02.15.21.01 which provides additional guidance for “Empowering A Healthy Georgia.” The Order extends through February 28, 2021 and maintains previous guidelines from EO 12.08.20.01. and EO 11.30.20.02, including social distancing guidelines, the ban on gatherings of more than 50 people unless individuals remain six feet apart, and permission for pharmacists and nurses to administer COVID-19 vaccinations when the vaccine becomes available.

February 1, 2021:

Governor Brian Kemp signed two new executive orders on January 29, Executive Order 1.29.21.01 and Executive Order 1.29.21.02. Order 1.29.21.01 is the eleventh renewal of the Public Health State of Emergency Order to continue restrictions originally put in place in by Order 03.14.20.01 to prevent the spread of COVID-19. The public health emergency order will be in effect until 11:59 p.m. on Sunday, March 7, 2021.

Order 1.29.21.02 provides additional guidance for “Empowering A Healthy Georgia.” The Order, which is in effect from February 1, 2021 through February 15, 2021, maintains previous guidelines from Orders 12.08.20.01 and 11.30.20.02, including outlining social distancing guidelines, a ban on gatherings of more than 50 people unless individuals remain six feet apart, and continues to allow pharmacists and nurses to administer COVID-19 vaccinations when the vaccine becomes available.

January 19, 2021:

Governor Kemp signed an Executive Order on January 15 to protect and strengthen Georgia’s economy and provide for the health, safety, and welfare of Georgia’s residents and visitors. The Executive Order encourages residents to practice social distancing, wear face coverings and prevents gatherings that could spread the virus. The Order requires all restaurants and dining services, movie theaters, gyms and other businesses, where gatherings can take place, to implement measures to mitigate exposure and the spread of COVID-19.

January 14, 2021:

(Atlanta): On January 13, Mayor Bottoms signed Executive Order No. 2021-06 declaring an emergency within the City of Atlanta. This order requires all higher risk persons to shelter in place within their homes or places of residences to limit their social interaction and prevent the spread of or infection of COVID-19. Also, any person in any private business, establishment, corporation, non-profit, or public place must wear a facial covering of the mouth and nose at all times where physical distancing may be difficult. For more information about the restrictions, visit here.

January 12, 2021:

On January 11, Governor Kemp renewed the Public Health State of Emergency due to the impact of COVID-19.

January 4, 2021:

On December 30, Governor Kemp issued Executive Order 12.30.20.01, which extends the Public Health State of Emergency in Georgia. This Order extends the State of Emergency through February 7, 2021. Additionally, Governor Kemp issued Executive Order 12.30.20.02, extending the “Empowering A Healthy Georgia” Order until 11:59 p.m. on January 15, 2021. The extended Order maintains previous COVID-19 guidelines and requirements, including the ban on gatherings of more than 50 people unless individuals remain six feet apart.

On December 31, the Georgia Department of Labor issued a statement indicating that it anticipates no delay for extended benefits included in the Continued Assistance for Unemployed Workers Act of 2020. Those eligible for the new $300 unemployment compensation may start receiving the extended benefits as soon as the first week in January 2021.

December 30, 2020:

Georgia Chief Justice Melton signed an order suspending jury trials statewide. The Chief Justice said that “the rapid escalation of COVID-19 cases across the state requires that the judiciary pull back on the resumption of jury trials.” While jury trials currently underway can continue at the discretion of the presiding judge, new jury trials are expected to be suspended at least until February 2021.

December 14, 2020:

The Georgia Department of Labor is awaiting details from the federal government regarding the future of the CARES Act. Federal CARES Act unemployment insurance is presently scheduled to end on December 31, 2020. If the CARES Act is not extended, the last week payable for Pandemic Emergency Unemployment Compensation (PEUC) or Pandemic Unemployment Assistance (PUA) is December 26, 2020.

December 8, 2020:

On December 8, Governor Kemp issued Executive Order 12.08.20.01, extending the “Empowering A Healthy Georgia” Order until 11:59 p.m. on December 31, 2020. The extended Order maintains previous guidelines from Executive Order 11.30.20.02, including outlining social distancing guidelines, a ban on gatherings of more than 50 people unless individuals remain six feet apart, and continues to allow pharmacists and nurses to administer a COVID-19 vaccination when the vaccine becomes available.

December 7, 2020:

On December 4, the Georgia Department of Public Health issued its Tenth Amended Administrative Order for Public Health Control Measures. The Order remains in effect for 30 days following the end of the Public Health State of Emergency. The Public Health State of Emergency is currently due to expire on January 8, 2021, unless renewed by Governor Kemp. The Administrative Order outlines isolation requirements for individuals having COVID-19, and quarantine guidelines for individuals potentially exposed to COVID-19. Failure to comply with the Administrative Order requirements is a misdemeanor offense.

December 1, 2020:

On November 30, 2020, Governor Kemp issued Executive Order 11.30.20.01, which extends the Public Health State of Emergency in Georgia. This Order extends the State of Emergency through January 8, 2021. Additionally, Governor Kemp issued Executive Order 11.30.20.02, extending “Empowering A Healthy Georgia” Order until 11:59 p.m. on December 15, 2020.The extended Order maintains previous social distancing guidelines, along with the ban on gatherings of more than 50 people unless individuals remain six feet apart. Additionally, the Order suspends any state laws “which limits the types of vaccines pharmacists or nurses may administer…to the extent necessary to allow pharmacists and nurses to administer a COVID-19 vaccination under a vaccine protocol agreement.” The Order similarly suspends any state law “which requires vaccine recipients to remain under the observation of the administering pharmacist or nurse for a period of not less than 15 minutes immediately subsequent to the administration of the vaccine…to the extent necessary” for the administration of a vaccine. The new guidelines are in anticipation of a possible COVID-19 vaccine being released over the next month.

November 23, 2020:

On November 20, 2020, Governor Kemp issued Executive Order 11.20.20.01, which suspends a key provision of Georgia law prohibiting the release of individually identifiable vaccination information. Under Georgia Code Section 31-12-3.1(e), “individually indemnifiable vaccination registry information shall be treated as confidential and shall not be released to a third party without consent of the person or the person’s parent or guardian if the person is 18 years of age or younger.” The Governor’s Order suspends the consent requirement “to the extent it prevents disclosure of COVID-19 vaccination records to the U.S. Department of Health and Human Services to support the response to COVID-19.”

November 16, 2020:

On November 13, Governor Kemp issued Executive Order 11.13.20.01, extending the “Empowering A Healthy Georgia” Order until 11:59 p.m. on November 30, 2020. The extended Order maintains previous social distancing guidelines, along with the ban on gatherings of more than 50 people unless individuals remain six feet apart. Additionally, local governments in counties reaching the threshold requirement (100 or more positive cases per 100,000 people over the previous 14 days) may continue to impose a “Local Option Face Covering Requirement.” Governor Kemp is encouraging Georgia residents to be vigilant and to "continue to wash your hands, wear a mask, watch your distance, follow public health guidance, and get a flu shot.”

November 2, 2020:

On October 30, Governor Kemp issued Executive Order 10.30.20.01, which extends the Public Health State of Emergency in Georgia. This Order extends the State of Emergency through December 9, 2020. Additionally, Governor Kemp issued Executive Order 10.30.20.02, extending “Empowering A Healthy Georgia” Order until 11:59 p.m. on November 15, 2020. The extended Order maintains previous social distancing guidelines, along with the ban on gatherings of more than 50 people unless individuals remain six feet apart. Additionally, local governments in counties reaching the threshold requirement (100 or more positive cases per 100,000 people over the previous 14 days) may continue to impose a “Local Option Face Covering Requirement.” Highlights of the Order include:

• The Georgia Department of Public Health may, after taking reasonable steps to provide notice and an opportunity to comply, assuming management and supervision of a noncomplying Long-Term Care Facility;
• The Georgia Board of Professional Counselors, Social Workers, and Marriage and Family Therapists is authorized to issue temporary authorization to practitioners for practice in Georgia if the practitioner is currently licensed in good standing in another state;
• Municipalities, counties, and other government entities shall have the authority to control terms of entry (including requiring a face mask or face covering for entry) onto property owned or leased by the municipality, county, or other governmental authority, board bureau, or commissioner, regardless of whether the Threshold Requirement is met; and
• No individual shall be denied ingress or egress to or from a Polling Place for failure to wear a face covering or face mask.

October 19, 2020:

On October 15, Governor Kemp issued Executive Order 10.15.20.01, which extends the “Empowering A Healthy Georgia” Order until 11:59 p.m. on October 31, 2020. The extended order maintains previous social distancing guidelines, along with the ban on gatherings of more than 50 people unless individuals remain six feet apart. Additionally, local governments in counties reaching the threshold requirement (100 or more positive cases per 100,000 people over the previous 14 days) may continue to impose a “Local Option Face Covering Requirement.” Highlights of the Order include:

• All residents and visitors of the state are strongly encouraged to wear face coverings as practicable while outside their homes or place of residence, except when eating, drinking, or exercising outdoors;
• Sheltering in place is still required for residents and visitors who meet the CDC criteria for having higher risk of severe illness, including but not limited to, individuals who live in a long-term care facility, have chronic lung disease, or are immunocompromised;
• Restaurants and dining rooms are required to screen and evaluate workers who exhibit symptoms of COVID-19, hold all meetings and conferences virtually (whenever possible), require workers to wear face coverings while interacting with patrons, use rolled silverware and eliminate table presents;
• Gym and fitness centers must utilize contactless forms of member check-in, provide hand sanitizer stations for patrons, limit use of cardio machines to every other machine or distance machines to maintain acceptable social distancing, and require rooms and equipment used for group fitness classes to be disinfected between classes;
• Movie theaters must have at least one usher in each theater room before and at some point during each showing to ensure that proper social distancing protocol is enforced;
• Bars must limit the number of total persons inside the bar to 50 persons or 35% of the total listed fire capacity occupancy of the entire bar, whichever is greater;
• Amusement parks must provide online training programs for workers instructing them on how to stay safe and keep patrons safe, require workers to wear face coverings at all times, and establish uniform entrances where patrons are screened;
• Long-term care facilities should adopt an infectious disease transfer communication protocol with local hospitals, prohibit all visitors and non-essential personnel (certain exceptions are permitted), and implement universal and correct use of face masks or face coverings for all employees and require the use of additional PPE by workers as needed; and
• Schools are not required to adhere to the ban on gatherings, but must screen and evaluate workers and students who exhibit symptoms of COVID-19, ensure ventilation systems operate properly and increase circulation of air within facilities as practicable, and discourage students from using other students’ phones, desks, offices, or other work tools and equipment.

October 7, 2020:

On October 5, 2020, the Atlanta City Council unanimously approved a resolution extending through June 30, 2021 rental payment relief for car rental companies at Hartsfield-Jackson Atlanta International Airport. An initial resolution was in effect from March 1, 2020, through June 30, 2020. The latest resolution extends the relief for an additional 12 months, and requires car rental companies to pay only a percentage of their revenue as rent instead of a flat minimum payment per year, pursuant to Consolidated Rental Car Facility Lease Agreements with the car rental companies.

October 1, 2020:

On September 30, 2020, Governor Kemp signed Executive Order 09.30.20.01, which extends the Public Health State of Emergency until November 9, 2020 at 11:59 p.m. The Governor also issued Executive Order 09.30.20.02, which extends present COVID-19 guidelines and restrictions, including the provisions permitting mask mandates by certain local governments, until 11:59 p.m. on October 15, 2020. By extending the “Empowering A Healthy Georgia” Order, previous social distancing guidelines remain in effect, along with the ban on gatherings of more than 50 people unless individuals remain six feet apart. Additionally, local governments in counties reaching the threshold requirement (100 or more positive cases per 100,000 people over the previous 14 days) may continue to impose a “Local Option Face Covering Requirement.”

September 16, 2020:

On September 15, 2020, Governor Kemp issued Executive Order 09.15.20.01, which extends current COVID-19 guidelines and restrictions, including the provisions permitting mask mandates by certain local governments, until 11:59 p.m. on September 30, 2020. The Order extends guidance from recent “Empowering A Healthy Georgia” Orders, including a ban on gatherings of more than 50 people unless individuals remain six feet apart.

September 14, 2020:

Governor Kemp signed an Executive Order on September 10, 2020 reducing the regulations for grand juries. The Order permits remote administration of oaths and attendance for grand juries in grand jury proceedings. The Order is effective for as long as the Public Health State of Emergency is in effect.

September 1, 2020:

On August 31, 2020, Governor Kemp signed Executive Order 08.31.20.01, which extends the Public Health State of Emergency until October 10, 2020 at 11:59 p.m. The Governor also issued Executive Order 08.31.20.02, which extends present COVID-19 guidelines and restrictions, including the provisions permitting mask mandates by certain local governments, until 11:59 p.m. on September 15, 2020. By extending the “Empowering A Healthy Georgia” Order, previous social distancing guidelines remain in effect, along with the ban on gatherings of more than 50 people unless individuals remain six feet apart. Under the latest Order:

• All residents and visitors to Georgia are strongly encouraged to wear face coverings, and practice sanitation in accordance with the guidelines published by the Centers for Disease Control and Prevention.
• No business, establishment, corporation, organization or local government shall allow gatherings of 50+ people in a single location if to be present, persons are required to stand or be seated within 6 feet of any other person.
• Workers at all Restaurants and Dining Rooms are required to wear face coverings while interacting with patrons.
• Routine inspection timelines under the Georgia Administrative Rule 511-6-1-.10(2) may be extended by 120 days for any permit holder of a food service establishment maintaining an “A” food safety rating and was scheduled to have a routine inspection at any time between March 14, 2020, and September 10, 2020 (*please note that while the Executive Order is extended through September 15, this inspection extension only applies if a routine inspection is scheduled through September 10).
• Critical infrastructure and other businesses that continue in-person operation should (but are not required to) implement measures such as providing PPE to workers, providing disinfectant and sanitation products to workers, and increasing physical space between workers’ worksites to at least six feet.
• Gyms and fitness centers shall prohibit entrance to individuals diagnosed with COVID-19, having symptoms of COVID-19, or having had contract with a person having or suspected of having COVID-19.
• Schools can require faculty and workers to attend meetings or other necessary activities at a school or facility for the purpose of supporting distance learning, research, administration, maintenance, or preparation for the 2020-21 school year.
• Schools shall screen and evaluate students and workers exhibiting COVID-19 symptoms and require them to not report to school.
• Schools, subject to their discretion, may require workers and students to wear masks or face coverings while indoors on school property during school hours.
• Local governments in counties reaching the threshold requirement (100 or more positive cases per 100,000 people over the previous 14 days) may impose a “Local Option Face Covering Requirement.”

August 26, 2020:

Governor Kemp recently announced that the state has opted into the federal Lost Wages Assistance Program, which will provide up to an additional $300 a week in unemployment benefits. To be eligible, a person must be unemployed or partially unemployed due to disruptions caused by COVID-19. The Georgia Department of Labor will handle implementing a statewide system to meet the Program guidelines and anticipates implementing the additional benefits within the next three to four weeks.

August 20, 2020:

The cities of Sandy Springs and Smyrna have implemented mask mandates in response to Governor Kemp’s recent Executive Order permitting local jurisdictions to issue mask requirement orders. Sandy Springs’ order took effect immediately after being signed on Tuesday, and Smyrna’s order will begin on Friday, August 21. As a reminder for businesses, masks are not required inside the business’s establishment unless the business consents, and fines cannot be imposed on private businesses or nonprofits for a consumer’s failure to wear a mask. Business owners should be on the lookout for local mask mandates in their cities. If a local mask mandate is implemented, businesses must indicate to consumers whether it intends to enforce the mask mandate while the consumer is on the business’s premises.

August 17, 2020:

On August 15, 2020, Governor Kemp signed Executive Order 08.15.20.01, which extends present COVID-19 guidelines and restrictions, and implements new provisions regarding mask mandates by local governments. The Order establishes a “threshold requirement,” based on confirmed cases of COVID-19 in a local jurisdiction over the previous 14 days. Under the new Order, if confirmed cases are equal to or greater than 100 cases per 100,000 people, the local jurisdiction is deemed to have met the threshold requirement, and the local government is permitted to impose a “Local Option Face Covering Requirement.” However, such a requirement is optional and not mandated by the Order.

If a local government choses to implement the face covering requirement, there cannot be any “fines, fees, penalties, or other causes of action” against private businesses or organizations. Enforcement measures may be taken against individuals only. Businesses cannot be held liable for their customers’ noncompliance but may be required to post reasonable public notice of a “Local Option Face Covering Requirement,” and state whether it consents to enforce or not enforce requirements for customers while on its property. This Order is set to expire at 11:59 p.m. on August 31, 2020.

August 13, 2020:

On August 13, 2020, Governor Kemp’s office issued a press release announcing that the Attorney General’s Office has filed to withdraw the pending lawsuit challenging the City of Atlanta’s mask requirement in public areas. Governor Kemp stated that he will issue an executive order addressing some of the issues raised in the State’s withdrawn lawsuit. Governor Kemp’s current Executive Order is set to expire on Saturday, August 15.

Businesses operating in the City of Atlanta and other local jurisdictions with masks requirements should be mindful of the unsettled nature of whether local jurisdictions can implement and impose mask requirements in public areas. The Governor has maintained that local jurisdictions cannot impose greater or lesser restrictions than what is imposed in the Governor’s Executive Order addressing COVID-19. Under the Governor’s current Executive Order, masks and facial coverings are not required in public areas.

August 12, 2020:

On August 11, 2020, the DeKalb County Board of Commissioners approved a $15 million loan program for small businesses impacted by COVID-19. The program is funded with money the county received earlier this year from the federal CARES Act. Loans will be available up to $40,000 for approved business to use for payroll, state unemployment and local taxes, employee benefits, rent payment or mortgage interest, commercial property utilities, and other business-related debt interest. To qualify, a business must have an annual revenue of less than $1 million and 20 or fewer employees. Participating businesses must follow or provide a “good faith” effort toward following, the parameters surrounding spending and maintaining employees. If businesses satisfy the requisite criteria, selected loans will be eligible for loan forgiveness after three months. The application period begins on August 27, 2020 and ends on September 7, 2020. For further information, please see dekalbcountyga.gov/COVID19loan.

August 10, 2020:

Governor Kemp signed Senate Bill 359 into law, which protects businesses from liability lawsuits relating to COVID-19. According to the bill, a “healthcare facility, healthcare provider, entity, or individual shall [generally] not be held liable for damages in an action involving a COVID-19 liability claim against such healthcare facility, healthcare provider, entity, or individual.” The term ‘entity’ is generally defined to include “any association, institution, corporation, company…political subdivision…as well as any other organization other than a healthcare facility.” However, this law does not shield businesses from liability for claims resulting from “gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm.” This bill also does not apply to workers compensation claims. This measure is set to expire, or “sunset” on July 14, 2021.

August 5, 2020:

Atlanta Mayor Bottoms announced a new grant to help small businesses and independent professionals that have been impacted by COVID-19. The program is called the Resurgence Grant Fund and is made possible by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), of which $22 million was allocated towards the grant. It offers qualified Atlanta businesses the opportunity to apply for up to $40,000 to help with pandemic-related costs, along with $10,000 of no-cost technical assistances. Pandemic-related costs constitute anything from complying with necessary safety requirements to costs associated with business interruptions as a result of required closures. No-cost technical assistance includes services such as marketing or legal resources to help businesses adapt a more socially distanced environment. Applications will be open from August 10, 2020, through August 31, 2020. The application process takes place entirely online.

August 3, 2020:

On July 31, 2020, Governor Kemp signed into effect two executive orders: Executive Order 07.31.20.01, which extends the Public Health State of Emergency declared on March 14, 2020, until September 10, 2020; and Executive Order 07.31.20.02, which maintains and extends general COVID-19 guidelines and restrictions from August 1, 2020, until August 15, 2020. By extending the “Empowering A Healthy Georgia” Order, previous social distancing guidelines remain in effect, along with the ban on gatherings of more than 50 people unless individuals remain six feet apart. The latest order contains an explicit mandate that “any state, county, or municipal law, order, ordinance, rule, or regulation that requires persons to wear face coverings, masks, face shields, or any other Personal Protective Equipment while in places of public accommodation or any public property are suspended to the extent that they are more restrictive than [the Governor’s Executive Order].” This provision comes in the midst of the Governor’s lawsuit against the City of Atlanta’s local order requiring masks in public places.

Businesses should continue to follow the mandatory operation guidance, including on matters such as distancing, occupancy, safety, and sanitation related protocols. Governor Kemp announced that the state will impose less-restrictive measures moving forward when “businesses, restaurants, venues, and citizens follow the guidelines carefully crafted by data, science, and the Georgia Department of Public Health.”

July 28, 2020:

On July 27, 2020, Atlanta Mayor Bottoms filed a response to Governor Kemp’s lawsuit challenging a City of Atlanta mask requirement. Mayor Bottoms argued that the Governor’s lawsuit is barred by sovereign immunity, which is a legal doctrine that prevents lawsuits against government officials. While the parties are still negotiating a possible settlement to the lawsuit, there are conflicting reports of whether Mayor Bottom’s executive order, which states in relevant part, that “all persons…shall wear a mask or a cloth face covering…when inside a commercial entity or other building or space open to the public, or when in an outdoor public space,” is mandatory or voluntary. The emergency hearing on this lawsuit scheduled for July 28th was cancelled at the Governor’s request, and a judge is expected to set a new hearing date in the near future.

July 27, 2020:

On July 22, 2020, Fulton County Superior Court Judge Jane Barwick issued an Order requiring mediation on Tuesday, July 28, 2020, between Governor Kemp and Atlanta Mayor Bottoms regarding Governor Kemp’s lawsuit seeking to stop the City of Atlanta from mandating face masks in public. Judge Barwick’s announcement came after Mayor Bottoms revealed that she and Governor Kemp discussed a potential settlement to the Governor’s lawsuit. In addition to stopping the City of Atlanta from implementing a local mask requirement, Governor Kemp’s lawsuit seeks a determination on whether local governments and municipalities can generally impose COVID-19 measures that are greater or less restrictive than measures imposed by the Governor’s executive orders.

July 20, 2020:

On July 16, 2020, Governor Kemp, through the Georgia Attorney General, filed a lawsuit against the City of Atlanta, challenging Mayor Keisha Lance Bottoms’ intended mask requirement. The lawsuit seeks a court declaration and injunction that Mayor Bottoms and the City of Atlanta cannot impose a city executive order, requiring masks be worn in public, that is more or less restrictive that the Governor’s executive order. The Governor’s current executive order, in effect from July 16, 2020, until July 31, 2020, does not require Georgia residents to wear masks in public. The lawsuit filed by the Governor does not address other local governments and municipalities that have similarly implemented a mask requirement for their residents.

July 16, 2020:

Governor Kemp signed Executive Order 07.15.20.01, which is effective from July 16, 2020, until July 31, 2020. Under the new order, which generally extends the guidance and restrictions from Executive Order 06.29.20.02:

• Residents are strongly encouraged to wear face coverings while in public, except when eating, drinking, or exercising outdoors.
• Any state, county, or municipal law, order, ordinance, rule or regulation that requires persons to wear face coverings, masks, face shields, or any other PPE while in places of public accommodation or on public property are suspended to the extent that they are more restrictive than this Executive Order.
• No business or organization shall allow gatherings of persons, with the exception of family unites or roommates/ cohabitating persons. The provision also does not apply to critical infrastructure, as defined by CISA guidance.
• That any law enforcement officer, after providing reasonable notice and issuing at least two citations for violations of Code Section 38-3-7 (e.g. violating Executive Orders), is authorized to mandate the closure of any business, establishment, corporation, non-profit corporation, or organization not in compliance with this Order for a period not to exceed the term of this Order (July 31, 2020).
• The Governor may issue guidance through communication media, including social media, in lieu of executive orders.

July 13, 2020:

Governor Kemp issued a statement, via Twitter, that Atlanta Mayor Bottom’s executive order requiring masks to be work in public spaces “is merely guidance – both non-binding and legally unenforceable.” Governor Kemp stressed that “no local action can be more or less restrictive” than the Governor’s current statewide Executive Order, in effect through July 15, 2020. Meanwhile, Mayor Bottom has stated that she “has the authority to enforce the mask mandate the way any other city law is enforced.” Governor Kemp has previously encouraged (but not required) Georgia residents to wear masks, and launched the “Wear A Mask” and “Georgia Safety Promise” campaigns, the latter encouraging and recognizing local businesses taking measures to promote COVID-19 safety. The Governor has not stated whether he will take legal action against the City of Atlanta and other local jurisdictions imposing mask requirements.

Businesses operating in local jurisdictions with a mask requirement order should be mindful of this potential conflict. While the Governor’s Executive Order should supersede conflicting local government ordinances, businesses should carefully consider compliance with the local ordinance until this conflict is resolved, likely through legal proceedings.

July 8, 2020:

Atlanta Mayor Keisha Lance Bottoms announced an intent to issue an executive order requiring marks to be work in public spaces. Atlanta is the latest local government to issue such an order, with similar mask orders issued by the city of Savannah, the city of East Point, and Athens-Clark County. While Governor Kemp has encouraged Georgia residents to use masks to help reduce the spread of COVID-19, Georgia does not currently require masks be worn in public areas. The mask requirement by the local governments appears to conflict with Governor Kemp’s Executive Order 06.29.20.02, in effect from July 1st through July 15th, which states, in relevant part, that:

• “[C]ounty and municipal government… orders, rules, and regulations shall not be inconsistent with this Order or any other orders, rules or regulations promulgated by the Governor…For the purpose of this provision, orders, rules and regulations that are promulgated by county and municipal governments that are more or less restrictive than the terms of this Order shall be considered inconsistent with this Order”
• “enforcement of any county or municipal ordinance or order that is more or less restrictive than this Order is hereby suspended”

Businesses operating in local jurisdictions with a mask requirement order should be mindful of this potential conflict. While the Governor’s Executive Order should supersede conflicting local government ordinances, businesses should carefully consider compliance with the local ordinance until this conflict is resolved, likely through legal proceedings.

July 7, 2020:

Governor Kemp unveiled a public safety campaign entitled “Georgia Safety Promise,” which is designed to encourage businesses to voluntarily promote consumer safety against COVID-19. The Promise asks Georgia businesses to commit to: (1) Promote social distancing; (2) Wear face coverings; (3) Clean surfaces; and (4) Wash and sanitize hands. Businesses joining the Georgia Safety Promise also voluntarily agree to follow the latest guidelines from the Governor’s Office and the Georgia Department of Public Safety. Businesses that join the campaign will be provided resources to help encourage safety, along with recognition by the state to Georgia residents of the business’s commitment to the Georgia Safety Promise.

June 30, 2020:

Governor Kemp signed Executive Order 06.29.20.01, which extends the Public Health State of Emergency Declared on March 14, 2020, until August 12, 2020. The Governor also signed Executive Order 06.29.20.02, which is effective from July 1, 2020, until Jul 15, 2020. Under the new order:

• All residents and visitors to Georgia are strongly encouraged to wear face coverings, and practice sanitation in accordance with the guidelines published by the Centers for Disease Control and Prevention.
• No business, establishment, corporation, organization or local government shall allow gatherings of 50+ people in a single location if persons would be standing or seated within 6 feet of any other person.
• Workers at all Restaurants and Dining Rooms are required to wear face coverings while interacting with patrons.
• Gyms and fitness centers shall require no less than ten (10) feet of distance between patrons participating in group fitness classes.
• Movie theaters shall have at least one usher in each theater room before and at some point during each showing to ensure that proper social distancing protocol is followed.
• Bars must limit persons inside to fifty (50) persons or 35% of total listed fire capacity occupancy of the entire bar, whichever is greater.
• Amusement parks with open-air rides where patrons are arranged in rows (e.g. roller coasters), shall only allow persons in the same party to be seated on the same row and only permit seating on every other row.
• Schools may prohibit gatherings of students on the school premises outside of instructional times.
• “In-person” appearances before county boards of equalization may occur via remote communications, subject to the Georgia Open Meetings Act.
• County and municipal governments are authorized and empowered to make, amend, and rescind such orders, rules, and regulations as may be necessary for emergency management purposes and to supplement the carrying out of the Order, provided they are consistent with the Order.
• Live Performance Venues can host events as of July 1, 2020, subject to varying operation restrictions based on fire code capacity of the venue.
• Conventions can operate as of July 1, 2020, subject to the requirements of non-Critical Infrastructure businesses and additional measures to prevent the spread of COVID-19.

May 29, 2020:

Governor Kemp signed Executive Order 05.28.20.01, which renews and extends Executive Order 03.14.20.01 declaring a Public Health State of Emergency until July 12, 2020, and Executive Order 05.28.20.02, which is in effect from June 1, 2020 until June 15, 2020. Under the new order:

• The Georgia Department of Economic Development can provide guidance on whether a business is considered “critical infrastructure”
• Restaurants cannot have more than 10 patrons in the facility per 300 square feet of public space
• Live performance venues shall remain closed to the public
• Retail businesses, including food establishments, shall limit number of patrons to 50% of fire capacity occupancy of the entire store or 8 patrons per 1,000 square feet
• Indoor movie theaters, cinemas, bars and bowling alleys can operate, subject to additional safety measures and requirements
• Professional sports teams and organizations can operate solely pursuant to rules or guidelines that have be approved by the respective professional league of the sport
• Amateur sports teams and organization are required to follow guidelines for non-Critical Infrastructure organizations
• Water parks, traveling carnivals, circuses, and other temporary amusement rides cannot operation until June 12, 2020, and are subject to additional restrictions and requirements
• Dental practices and clinics shall adhere to American Dental Associations Interim guidance for Minimizing Risk of COVID-19 Transmission and Interim Mask and Face Shield Guidelines
• Licensed optometrists shall adhere to the American Optometric Association’s Practice Reactivation Preparedness Guide and the Georgia Optometric Associations COVID-19 guidelines
• Licensed opticians shall adhere to the Centers for Disease Control and Prevention’s Recommendation for Office Disinfection and Recommendations for Employers
• Schools and school districts offering summer school are not required to comply with the ban on Gatherings
• Child Care Learning Centers and Family Child Learning Homes shall maintain worker-child ratio established by the Georgia Department of Early Care and Learning

May 13, 2020:

Governor Kemp signed Executive Order 05.12.20.02, which extends and amends business safety guidelines for the period of May 14th through May 31st. Under the new order:

• Georgia Department of Economic Development can provide guidance regarding whether a business is “Critical Infrastructure”
• Non-critical infrastructure businesses cannot allow gatherings (10+ people within six feet of each other)
• Restaurants and dining rooms are permitted to have no more than 10 patrons per 300 square feet of public space
• Live performance venues, operators of amusement rides, and bars are required to remain closed to the public
• Retail businesses, including food establishments, shall limit patrons to 50% of fire capacity or 8 patrons per 1,000 square feet
• Ambulatory surgical centers are permitted to provide the full scope of services
• Childcare facilities can permit 20 persons to gather in a single location

May 11, 2020:

Governor Kemp issued Executive Order 04.20.20.01 which permits a number of Georgia businesses to re-open, including all gyms, fitness centers, bowling alleys, movie theaters, hair salons, and massage therapy, body art studios, estheticians, hair designers, persons licensed to practice massage therapy.

Husch Blackwell’s in-depth summary of the Governor’s re-opening order is available here.

May 1, 2020:

Governor Kemp issued Executive Order 04.23.20.02, effective May 1, until May 23, which orders social distancing, encourages wearing of facemasks, promotes adhering to the sanitation guidelines of the CDC, and prohibited certain gatherings. This order also extended Executive Order 04.08.20.04, which suspended short-term rentals.

The Order required the following residents and visitors to Shelter in Place:

1. Persons who are 65 years of age or older
2. Persons living in nursing home or long-term care facility, including inpatient hospice, assisted living communities, personal care homes, intermediate care homes, community living arrangements, and community integration homes
3. Persons who have chronic lung disease
4. Persons who have moderate to severe asthma
5. Persons who have severe heart disease
6. Persons who are immunocompromised
7. Persons with class II or severe obesity
8. Persons diagnosed with the following underlying medical conditions: diabetes, liver disease, and person with chronic kidney disease undergoing dialysis

The Order addresses “Restaurants & Dining Services,” and the provisions are effective from April 27, 2020. Some of the provisions include:

• Applies to restaurants and dining rooms, including those at private social clubs
• Does not apply to the dining services in hospitals, healthcare facilities, nursing homes, or other long-term care facilities
• No more than 10 patrons should be allowed in the facility per 500 square feet of public space (including waiting and bar areas, and excluding hallways, restrooms, and spaces closed to patrons)
• Must screen and evaluate workers who exhibit signs of illness, and require them to not report to work, or to seek medical attention
• Implement teleworking and/or staggered shifts for all possible workers
• Hold meetings and conferences virtually, if possible
• Require all employees to wear face coverings at all times, and coverings must be cleaned or replaced daily
• Limit contact between wait staff and patrons
• No salad bars or buffets
• Use rolled silverware and eliminate table presets
• Use of disposable paper menus is strongly encouraged, or reusable menus should be cleaned and sanitized after each use
• Limit party size at tables to 6 patrons
• Restaurant or dining room playgrounds should remain closed

Businesses deemed “Critical Infrastructure” should:

• Screen and evaluate workers who exhibit signs of illness, and require said workers to either not report to work or to seek medical attention
• Prohibit gatherings of works during working hours
• Implement teleworking and/or staged shifts for all possible workers
• Keep open sales registers at least 6 feet apart
• Suspending the use of PIN pads, PIN entry devices, electronic signature capture, and any other credit care receipt signature requirements to the extent such suspension is permitted by agreements with credit card companies and credit agencies
• Provide PPE as available and appropriate to workers
• Provide disinfectant and sanitation products for workers to clean their workspace, equipment, and tools
• Increase physical space between workers to at least 6 feet

Businesses not deemed “Critical Infrastructure” should follow the above guidance, and in addition:

• If a retail business, post a sign on the storefront stating that individuals who have a fever or other symptoms of COVID-19 shall not enter the store
• Enforce social distancing of non-cohabiting persons while at the business
• For retailers and service providers, providing for alternative points of sale outside of buildings if permitted under Georgia law

Businesses such as public swimming pools, performance venues, amusement parks, and bars should remained closed.

Retailers, including food establishments, but not food processing plants or wholesale sandwich and salad manufacturers should:

• Limit the number of patrons inside the store to 50% of fire capacity or 8 patrons per 1,000 square feet
• Encourage non-cash payments when possible
• Sanitize entrance and exit doors at least 3 times per day
• Install protective screens and other mitigation measures where workers and patrons interact

Food Establishments should additionally (where possible):

• Schedule specific hours of operation exclusively for vulnerable populations
• Encourage social distancing
• Use in-store messaging to educate and reminds patrons on recommended hygiene and Social distancing
• Discontinue sampling and cooking stations
• Close self-serve salad bars and buffets
• Increase sanitation of grocery carts and other high-touch areas

Gym and Fitness Centers should additionally:

• Post a sign on the storefront stating that individuals who have a fever or other symptoms of COVID-19 shall not enter the store
• Screening patrons and prohibiting entrance for individuals with a temperature greater than 100.4 degrees Fahrenheit, cough, shortness of breath, or other respiratory symptoms
• Use contactless forms of check-in
• Limit use of cardio machines to every other machine to maintaining social distancing
• Continue cancellation of group classes and in-facility child care services
• Continue closure of pools, basketball courts, and other group sport areas, hot-tubs, saunas, steam rooms, and tanning beds
• Limit locker room use and require patrons to spray showers with a providing cleaning spray after use

Body Art Studios, Estheticians, Hair Designers, Massage Therapist, and Tanning Facilities should additionally:

• Provide services by appointment only
• Require patrons to sanitize their hands before entering the facility and before any treatment
• Require patrons with COVID-19 symptoms to reschedule their appointment
• Allow only one patron per service provider in the business at any one time (one parent can be present if a minor child is receiving a haircut)
• Require patrons to wait in car until service provider is ready
• Stagger workstation use to more than 10 feet apart or every-other workstation
• Require employees to wear PPE

Movie theaters should additionally:

• Patrons should be at least 6 feet apart
• Parties should not be greater than 6 individuals
• Closing playgrounds and arcade rooms

April 30, 2020:

On April 23, Governor Kemp issued Executive Order 04.23.20.01 which reviewed Executive Order 04.13.20.01, which declared a State of Emergency due to extensive storm damage on April 12-13, until May 7.

On April 23, Governor Kemp issued Executive Order 04.23.20.02, effective May 1, until May 13, which orders social distancing, encourages wearing of facemasks, promotes adhering to the sanitation guidelines of the CDC, and prohibited certain gatherings. This order also extended Executive Order 04.08.20.04, which suspended short-term rentals to help stop the spread of COVID-19, until May 13.

April 27, 2020:

Governor Kemp’s Executive Order 04.20.20.01, permits a number of Georgia businesses to open on April 27, including gyms, bowling alleys, movie theaters, hair salons, and massage therapy, among others. All businesses are required to implement measures to prevent the spread of COVID-19, including:

• Screening and evaluating symptomatic workers and requiring them to not report to work
• Enhancing sanitation of the workplace
• Providing personal protective equipment as available
• Prohibiting gatherings of workers
• Implementing telework where possible
• Implementing staggered shifts where possible
• Holding meetings virtually
• Prohibiting handshaking
• Enforcing social distancing and increasing physical space between worksites to at least six feet
• Providing alternative points of sale outside of the building, including curbside pickup or delivery where possible
• Providing disinfectant to workers

Businesses are only permitted to operate Minimum Basic Operations, which includes the minimum necessary activities to remain open to the public, and minimum necessary activities to facilitate work from home.

The Order also permits medical practices to resume, including dental, orthodontics, physical therapy, elective surgeries, and any other health-related practice that has elected to cease operations. These medical providers are now encouraged to begin treating patients as soon as practicable in accordance with CDC guidelines. Medical providers are not subject to Minimum Basic Operations restrictions.

The Order also continues the limitation on gatherings to ten people, including within a business or establishment where six feet distance cannot be maintained, and provides further testing requirements and provisions.

April 21, 2020:

On April 20, Governor Kemp signed an executive order granting certain businesses permission to reopen later in the week. The designated businesses include barbershops, gyms, and other close contact businesses. At a news conference, Governor Kemp announced the state would make its first moves toward reopening the economy on Friday, April 24. Governor Kemp noted that the federal guidelines for social distancing remain and the stay at home order is still set to last until April 30. Atlanta Mayor Lance Bottoms was perplexed by the decision.

April 15, 2020:

On April 14, Governor Kemp announced that the Georgia Emergency Management and Homeland Security Agency, in collaboration with the Georgia Department of Public Health, will begin to provide a list of COVID-19 cases in each jurisdiction to 911 centers.

Also on April 14, Governor Kemp signed an executive order which designated healthcare institutions and medical facility employees, staff, and contractors as “auxiliary emergency management workers.” This order will limit the civil liability of “auxiliary emergency management workers” engaging in “emergency management activities” while providing patient care if such care results in the death or injury of a patient.

April 10, 2020:

On April 8, Governor Kemp issued an Executive Order which suspended short term rental homes.

April 9, 2020:

On April 8, Governor Kemp announced plans to extend the statewide shelter-in-place order through May 13, which was otherwise set to expire April 13. The announcement follows an extension of Georgia’s public health state of emergency through May 13, an executive order Kemp signed earlier on Wednesday.

April 3, 2020:

On March 31, Governor Kemp issued an Executive Order. This order authorized the use of real-time audio-visual communication technology to assist in notarizing real estate documents.

The Centers for Medicare & Medicaid Services (CMS) approved Georgia’s request for a Section 1135 Medicaid waiver. The approved waiver enables Georgia to provide flexibilities in Medicaid provider screening and enrollment, forgo certain pre-admission screening and annual resident review assessments, lift prior authorization requirements, allow for reimbursement facility services in alternative settings, and extend fair hearing timelines.

April 2, 2020:

(City of Atlanta): On March 31, the Fulton County Board of Health issued an Administrative Order, which ordered all residents of the County to stay at their place of residence (with exceptions). The county includes Atlanta. Those who violate the order could be charged with a misdemeanor and subject of fines up to $1,000 and/or 12 months in jail per offense. Travel for the following purposes are still protected: activities related to health or to get services/supplies and work for essential businesses.

March 25, 2020:

(Atlanta): On March 23, Mayor of Atlanta Lance Bottoms issued Executive Order Number 2020-21 for residents to stay at home until April 7, going further than Governor Kemp’s Executive orders for all of Georgia. Persons are to stay at their place of residence unless they are exercising an Essential Activity, Essential Government Function or operate an Essential Business.

Essential Activities includes engaging in activities essential to health and safety (including obtaining medical supplies or medication), to obtain necessary supplies (including food and sanitation), and to perform work providing essential products and services for Essential Business including Minimum Basic Operations. Individuals may also perform work necessary for operations or maintenance of Essential Infrastructure (including construction, utilities and telecommunication.

Essential Government Functions means all services to continue operation of government agencies and to provide for public welfare.

Essential Businesses means healthcare and essential infrastructure, grocery stores, food manufacturing, media, banks and financial institutions, mailing and shipping services, educational institutions, professional services including accounting and legal, and utility services.

Minimum Basic Operations include the minimum activities necessary to maintain the value of inventory, to process payroll and minimum activities necessary to facilitate employees to work remotely.

March 16, 2020:

(Atlanta): On March 16, Mayor Lance Bottoms issued Executive Order Number 2020-20. Such order placed a moratorium on residential evictions and filings for 60 days. Entities subject to the order are not permitted to issue notices of termination or initiative evictions for non-payment of rent and may not impose late fees or other charges for non-payment during the term of the order.