Jefferson County Extends Public Health Order to May 8; Non-Critical Businesses Can Offer Curbside Delivery

On April 24, 2020, Jefferson County Public Health (JCPH) issued its second extension of Public Health Order 20-001 (County Order). The County Order incorporates the Governor’s Executive Order D 2020-017 and the Colorado Department of Public Health and Environment’s (CDPHE) Public Health Order 20-24 (collectively, the “Stay at Home Orders”), with some modifications.

Below, find an advisement per Fox Rothschild, LLP, which outlines the requirements of the County Order and its effects on the Arvada business community. Fox Rothschild, LLP has been hired by the Arvada Resiliency Taskforce to provide timely and accurate updates for Arvada.

The County Order extends the provisions prohibiting operation of non-Critical Businesses, as that term is defined in the Stay at Home Orders, until midnight on May 8, 2020;
While the Stay at Home Orders expire April 26, 2020 on a state level, the County Order controls for businesses located in Jefferson County;
However, the County Order allows for non-Critical Businesses to offer curbside delivery of products under the same conditions as are permitted for Critical Businesses under the Stay at Home Orders;
Non-Critical Businesses may not allow members of the public to enter into the premises of the non-Critical Businesses and non-Critical Businesses offering curbside delivery must indicate that members of the public may not enter into their premises;
Non-Critical Businesses may staff on-site employees necessary to fill and process orders and provide curbside deliveries, but employees of non-Critical Businesses who are able to work from home must continue to work remotely;
The County Order does not modify the Stay at Home Orders’ provisions regarding office or manufacturing non-Critical Businesses; this means that such non-Critical Businesses may not reopen in a Jefferson County location until May 9, 2020;
The County Order does not incorporate the Governor’s Executive Order D 2020 027, prohibiting elective and non-essential surgeries and procedures, which expires on April 26, 2020; as such, Critical Businesses offering such surgeries and procedures in Jefferson County may resume doing so on April 27, 2020;
The County Order does not incorporate CDPHE’s Public Health Order 20-22 closing bars, restaurants and other non-essential personal services facilities which expires on April 30, 2020 and which the Governor and state health officials have indicated will likely be extended for certain types of businesses; Jefferson County businesses which fall into an industry enumerated in Public Health Order 20-22 will need to monitor future state and JCPH orders as they specifically relate to this area.

In conclusion, while the Stay at Home Orders will expire on April 26, 2020 at the state level, County Order will restrict the reopening of non-Critical Businesses located in Jefferson County. However, the County Order allows non-Critical Businesses to reopen for curbside delivery, and to staff accordingly, after April 26, 2020. Finally, certain industries and business activities are not covered by the County Order, and businesses should consult other state and county orders to see if and how they are affected.