Stay-at-Home Laws: How Do They Affect Aviation?

A number of states have issued “stay-at-home” orders in response to Covid-19.  Generally these laws and executive orders require residents of the state to remain in their residences.  They frequently allow residents to leave for jobs that are considered to be essential.  This article is not meant to summarize all of the details of the orders; rather it provides links to the orders with a summary of the most relevant exceptions that apply to the aviation industry.

We have already provided some guidance on how to interpret such laws in an earlier article.  Generally speaking, if your business is permitted to remain open then social distancing, enhanced sanitation practices and teleworking for personnel who can telework are expected.

The CISA standards have been updated to a 2.0 standard.  These more explicitly define companies that are needed to support aviation as part of the federal critical infrastructure, including (for example) the following text:

Workers who support the operation, distribution, maintenance, and sanitation, of air transportation for cargo and passengers, including flight crews, maintenance, airport operations, those responsible for cleaning and disinfection, and other on-and off-airport facilities workers.

Essential businesses that remain open are encouraged to provide letters to their essential employees to verify their status.  Such letters may need to be shared with law enforcement to justify transit during a “stay-at-home” executive order.

We will try to keep up with the changes to the best of our ability.  Aviation industry members who notice changes are encourage to share those changes with us so we can update this table.

Updated as of 04/06/2020.

State	Order	Duration	Notes relevant to aviation
Alabama	Stay-at-Home (4/3/2020)	4/4 – 4/30	Individuals may leave their residence for essential activities including support of the federal critical infrastructure sectors under the CISA standards (which includes aviation).  Aviation infrastructure operations and aerospace/defense manufacturing are also explicitly called-out as essential activities. Updated as of April 5, 2020
Alaska Anchorage	EO-03	3/22 – 3/31	The following Critical Businesses may operate (each of these bullets remains subject to other initiatives, like the closure of restaurants and the requirements for social distancing): Airport operations Businesses that provide transportation for goods or persons (including airlines) Defense and national security related operations Businesses that supply other critical businesses with the support or supplies necessary to operate (including aviation supply chain) Updated as of 3/23/2020.
California	EO N-33-20	3/19 – UFN	Individuals may leave their residence for necessary tasks to support federal critical infrastructure sectors under the CISA standards (which includes aviation) Updated as of 3/22/2020.
Colorado	D2020-13	3/22 – 4/10	NOT a stay-at-home order, but except for exempt businesses, all businesses must reduce in-person employees by 50%.  Exempt businesses are defined by CDPHE and include: Airlines Warehouses/distribution Updated as of 3/24/2020.
Colorado, Denver	Stay At Home	3/24 – 4/10	Individuals may leave their residences to work to provide any services or perform any work necessary to the operations and maintenance of Airports and passenger and cargo operations (“essential businesses”).  This also includes businesses that supply other essential businesses with the support or supplies necessary to operate (see also Colorado).  This should include the commercial aviation supply chain. Updated as of 3/24/2020.
Florida	EO 20-91	4/3-4/30	Miami-Dade County, Broward County, Palm Beach County and Monroe County shall restrict public access to businesses and facilities deemed non-essential pursuant to the guidelines established by Miami-Dade County pursuant to its March 19, 2020 Emergency Order 07-20 as amended.  Businesses covered under CISA standards are also essential (which includes aviation). See Miami-Dade, below, for specifications. Clarified by EO 20-92 to supersede conflicting local ordinances Updated as of 4/5/2020.
Florida, Miami-Dade County	EO 07-20 EO 07-20 amd 1 EO 07-20 amd 2	3/19 – 4/9	The following Essential Businesses may operate (each of these bullets remains subject to other initiatives, like the closure of restaurants and the requirements for social distancing): Airlines Businesses operating at any airport Manufacturers Logistics suppliers including warehouses Any business that is interacting with customers solely through electronic or telephonic means, and supplying goods only through mailing, shipping or delivery services Updated as of 4/5/2020.
Florida, Broward County	BCA EO 20-01	3/23 – UFN	The following Essential Businesses may operate (each of these bullets remains subject to other initiatives, like the closure of restaurants and the requirements for social distancing): Airlines Businesses operating at an airport Manufacturing, distribution, logistics, warehouses and supply chain for essential businesses Any business that employs five (5) or fewer persons where the employees do not come into regular contact with the general public in the regular course of business Updated as of 3/23/2020.
Illinois	EO 20-10	3/21 – 4/07	Individuals may leave their residence for essential services, including (but not limited to): Airlines Airports Transportation for essential activities (defined in the order) Manufacturing, distribution, and supply chain for the above Updated as of 3/22/2020.
Michigan	EO 20-21	3/21 – 4/13 or UFN (ambig.)	Individuals may leave their residence for necessary tasks to support federal critical infrastructure sectors under the CISA standards (which includes aviation).  The individuals must be designated by their employers as critical infrastructure workers.   A federal critical infrastructure sector business may also designate additional suppliers, distribution centers, and service providers necessary to support its operations. Updated as of 4/05/2020.
New Jersey	EO 107	3/21 – UFN	All businesses must accommodate telework, and to the extent telework is not feasible they must reduce staff-on-site to the minimal number necessary.  Warehouse workers and repair workers are listed as examples of employees who must be on-site to do their jobs. Updated as of 3/22/2020.
New York	202.6 202.7 202.8 “essential” guidance	3/22 – 4/19	Businesses must maximize telecommuting and 100% eliminate in-person workforce.  Exceptions for “essential” businesses extend to: airports and airlines warehousing and distribution (“essential services”) needed to provide for the safety of the public (e.g. approved aircraft parts which are regulated under the federal government’s safety regulations) defense and national security-related operations supporting the U.S. Government or a contractor to the US government Aviation manufacturing and repair are not explicitly included in the guidance; but other business may request an exemption from the state (right now this needs to be done on a business-by-business basis … we already examined whether we could apply for the whole aviation supply chain industry) Updated as of 3/22/2020.
Ohio	DoH Order	3/23 – 4/06	Individuals may leave their residence for Essential Activities including to support federal critical infrastructure sectors under the CISA standards (which includes aviation) Updated as of 3/22/2020.
Texas	GA 08	3/20 – 4/3	NOT a stay-at-home order; “This executive order does not mandate sheltering in place  All critical infrastructure will remain operational, domestic travel will remain unrestricted, and government entities and businesses will continue providing essential services.”  Aviation remains unrestricted.Updated as of 3/24/2020.
Virginia	EO 53 (2020)	3/23 – UFN	Closes non-essential retail businesses but should not affect aviation supply chain businesses. Updated as of 3/23/2020.
Washington	20-13 20-14	3/16 – 3/31	It appears that non-retail aviation businesses are currently permitted to operate (see proclamations).  Gatherings are prohibited (with an exception for gatherings under 50 persons that have a plan for social distancing).  Retail operations are prohibited (unless they have a plan for social distancing). Updated as of 3/22/2020.

Key to Abbreviations

UFN – Until Further Notice