On the afternoon of March 24, 2020, Governor Stitt announced he had again amended his COVID-19 Executive Order, issuing new restrictions on Oklahomans. Here are the highlights:

Closing Down Non-Essential Businesses. Effective 11:59 p.m. on March 25 until April 16, all non-essential businesses located in a county experiencing community spread of COVID-19 “shall close.” What does that mean?

Are you in a non-essential business? This question is not easy to answer. The Executive Order directs us to the information published by the U.S. Department of Homeland Security. Governor Stitt also issued an Executive Memorandum listing additional “critical infrastructure sectors” for Oklahoma. You can find those here. Before you click on the links hoping for a clear answer, realize it is a framework. For some industries, the answer will be clear. For others, you will need to analyze the information and make a conscientious decision. [That website will be your resource for determining whether your business is a “critical infrastructure sector.”.]

Are you in a county experiencing community spread of COVID-19? This one is easier, although subject to change every day. You can look to the Oklahoma State Department of Health’s website where, each day, it provides the names of the counties affected. As of this publication, there were 19 counties involved.

Safer at Home. In this part, the Order states that “vulnerable individuals” are to stay in their home or residence unless they (a) are going to work in a “critical infrastructure sector” or (b) are conducting essential errands such as obtaining medication, groceries, gasoline, and visiting health care providers.

Who are “vulnerable individuals”?

• Adults over the age of 65
• Persons of any age who have serious underlying medical conditions

Although the Executive Order did not put a timeline on this, in his press materials, Governor Stitt indicated this was to last until April 30.

Social Gatherings in Excess of 10 People. The Executive Order bans “social gatherings of more than ten people.” The Order cautions business within a “critical infrastructure” sector to take “all reasonable steps necessary” to comply with this part of the Order and to protect its employees, workers, and patrons. In the press materials, the intent seems even broader as it refers simply to “gatherings.” This restriction applies statewide.

Temporary Ban on Elective Procedures. From now until April 7, Oklahomans and their medical providers shall postpone all elective surgeries, minor medical procedures, and non-emergency dental procedures.

Prohibition on Visitors. Indefinitely, visitors are prohibited from entering and visiting patients and residents at nursing homes, long-term care facilities, and retirement home.

Final Note. Governor Stitt’s Executive Order addresses statewide concerns. Local jurisdictions, like Tulsa and Oklahoma City, may have more restrictive orders governing those locales. In Tulsa, Mayor Bynum updated restrictions affecting Tulsa just after the Governor announced the statewide restrictions yesterday. Most notably in those restrictions, the ban on “events or gatherings of more than ten (10) people in the City of Tulsa” is not limited to social gatherings.

As we have said, things are moving quickly. We will publish updates as we are able, but we encourage each of you (as you are able) to continue to monitor the news from your local governments as they are likely also making pronouncements related to COVID-19.

By Kristen L. Brightmire and Rebecca D. Bullard
kbrightmire@dsda.com and rbullard@dsda.com