Governor Eases COVID-19 Restrictions

On September 29, Governor Sisolak announced a new directive, Directive 33, that increases the limits on gatherings from 50 to 250 people or 50 percent of capacity, whichever is less. Directive 33 goes into effect today, October 1, 2020.

Directive 33’s capacity provisions apply to a “gathering,” defined as an activity that draws persons to: (1) the same space; (2) at the same time; (3) for the same purpose; and (4) for the same duration of time. It does not impact the current capacity limit of 50 percent for certain types of businesses and activities (e.g. retail, restaurants, bars, pools, gyms). It applies to all gatherings of the general public, whether indoor or outdoor, whether on publicly or privately owned land, and whether the public has access by right or invitation. Directive 33 specifically addresses houses of worship (Section 7), non-retail indoor and outdoor venues (Section 10), live entertainment and sporting events (Section 11), conventions, trade shows, conferences, and retreats (Section 13), trade and technical schools (Section 14), museums, zoos, and art galleries (Section 15), playgrounds (Section 18), and real estate showings (Section 19).

To ensure that gatherings are as safe as possible, the Governor has issued the Nevada Guidance for Safe Gatherings. This Guidance requires social distancing, face coverings, health screenings for organizers, employees and visitors, disinfection and handwashing protocols, attention to ventilation, crowd control, congestion, and segmented seating, and other health measures. It sets forth specific guidance for small and large gathering spaces and for trade shows, conventions and seminars, and addresses components such as live entertainment, concessions, signage, and ticketing. The Guidance is supplemented with additional materials for Places of Worship and Life-Rites Ceremonies. Additionally, a guidance for Gatherings at Private Residences has been released which provides that gatherings, events, celebrations and ceremonies in private residences should be limited to a maximum of 10 people indoors and 25 people outdoors.

Directive 33 specifies that the COVID-19 Mitigation and Management Task Force may continue to impose additional restrictions in counties with elevated disease transmission. It also makes other important changes. Directive 33 provides that by October 5, “all businesses and venues subject to capacity limitations must post signs at public entrances identifying their COVID-19 adjusted capacity based on the occupancy limitations imposed by this and other Directives” (Section 8). It eliminates some restrictions on restaurants, food establishments, breweries, distilleries, and wineries and provides that these establishments may now use tables and serve patrons within bar areas with specific restrictions in place (Section 12). Directive 33 also eliminates weekly meetings of the COVID-19 Task Force; meetings will now be scheduled by the Task Force’s Chair.

Finally, the Governor’s office released COVID-19 screening documents that may be useful to employers. Screening guides and sign-in sheets for employees and visitors are available on the Governor’s health response website, as well as signage for the capacity limit postings.

This is a detailed and complicated Directive, and we encourage all employers to carefully review it. As always, if you have questions about these changes, please contact a KZA attorney.

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.