New York Discontinues Most Capacity Limits and COVID-19 Restrictions

New York Discontinues Most Capacity Limits and COVID-19 Restrictions

KEEPING YOU INFORMED…

This week, Governor Cuomo signed Executive Order 202.111 discontinuing capacity limits for most indoor gatherings and announced the end of mandatory COVID-19 restrictions for many industries.

Executive Order 202.111[1] discontinued capacity limits for residential indoor gatherings (previously, 50 people) and indoor social gatherings at events, arts and entertainment venues (previously, 250 people), with the exception of large-scale venues.

In addition, the Governor announced[2] that the New York Forward industry-specific reopening guidance (which include provisions related to, among other things, capacity restrictions, social distancing, cleaning, disinfection and health screening) is now optional for “retail, food services, offices, gyms and fitness centers, amusement and family entertainment, hair salons, barber shops and personal care services, among other commercial settings.”

According to the Governor’s announcement, however, the State’s guidance for “large-scale indoor event venues [now defined as indoor venues that hold more than 5,000 attendees], pre-K to grade 12 schools, public transit, homeless shelters, correctional facilities, nursing homes, and health care settings” continues to be in effect pursuant to CDC guidelines. The required (“active”) guidance documents as well as the now optional (“archived”) guidance documents are available at: https://forward.ny.gov/ny-forward.

Mask-wearing requirements also continue for unvaccinated individuals in accordance with the State’s implementation of the recent CDC guidance.[3]

If you have any questions regarding the changes to mandatory COVID-19 restrictions, please contact Lauren Schnitzer or one of our other attorneys at 631-694-2300.

THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.

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© Lamb & Barnosky, LLP 2021

[1] Executive Order 202.111 is available at: No. 202.111: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency (ny.gov).

[2] The text of the Governor’s announcement is available at: Governor Cuomo Announces COVID-19 Restrictions Lifted as 70% of Adult New Yorkers Have Received First Dose of COVID-19 Vaccine (ny.gov).

[3] Our client memoranda addressing the State’s implementation of the CDC guidance are available at: May 19, 2021 Update Memo and May 19, 2021 Memo.