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.

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 3/24/2020.

State Order Duration Notes relevant to aviation
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,
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 20-10 3/21 – 4/07 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.

Updated as of 3/24/2020.

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

About Jason Dickstein
Mr. Dickstein is the President of the Washington Aviation Group, a Washington, DC-based aviation law firm. Since 1992, he has represented aviation trade associations and businesses that include aircraft and aircraft parts manufacturers, distributors, and repair stations, as well as both commercial and private operators. Blog content published by Mr. Dickstein is not legal advice; and may not reflect all possible fact patterns. Readers should exercise care when applying information from blog articles to their own fact patterns.

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

  1. Pingback: "Stay-At-Home" Laws Updated to Include Florida and Ohio (effect on aviation supply chain) | ASA Web Log

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