D 2020 091
EXECUTIVE ORDER
Safer at Home and in the Vast, Great Outdoors
Pursuant to the authority vested in the Governor of the State of Colorado and, in
particular, pursuant to Article IV, Section 2 of the Colorado Constitution and the relevant
portions of the Colorado Disaster Emergency Act, C.R.S. § 24-33.5-701, et seq., I, Jared Polis,
Governor of the State of Colorado, hereby issue this Executive Order due to the presence of
coronavirus disease 2019 (COVID-19) in Colorado.
I.

Background and Purpose

On March 5, 2020, the Colorado Department of Public Health and Environment’s
(CDPHE) public health laboratory confirmed the first presumptive positive COVID-19 test result
in Colorado. Since then, the number of confirmed cases has continued to climb, and there is
community spread throughout the State. I verbally declared a disaster emergency on March 10,
2020, and on March 11, 2020, I issued the corresponding Executive Order D 2020 003, as
amended by Executive Orders D 2020 018, D 2020 032, D 2020 058, and D 2020 076. On March
25, 2020, I requested that the President of the United States declare a Major Disaster for the State
of Colorado, pursuant to the Stafford Act. The President approved that request on March 28,
2020.
My administration, along with other State, local, and federal authorities, has taken a wide
array of actions to mitigate the effects of the pandemic, prevent further spread, and protect
against overwhelming our health care resources.
The virus that causes COVID-19 is spread primarily by close contact between people and
through respiratory droplets when an infected person coughs or sneezes. It can also be spread
through contact with contaminated surfaces. Public health experts recommend we practice Social
Distancing, or maintaining a physical distance of six (6) feet or more from other people, as a way
to slow the spread of COVID-19. This is especially important for Vulnerable Individuals as
ninety percent (90%) of Colorado fatalities are individuals older than sixty (60). Evidence shows
that Social Distancing and the Stay at Home Executive Order D 2020 017, as amended, have
helped to slow the rate of infection and ensured that Coloradans who needed it had access to
healthcare resources.
While we have seen indications that our efforts to “flatten the curve” are working,
increased transmission of the virus, and the resulting strains on our healthcare resources,
continue to threaten Coloradans’ way of life and livelihoods. As we take steps to return
Coloradans to work, we must continue to practice Social Distancing from others at a high level

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and implement other measures, such as limiting our social interactions, extra precautions for
Vulnerable Individuals, and wearing non-medical masks while in public to facilitate reopening
the economy while we protect public health. As we move forward, the State continues to monitor
the spread of COVID-19, increase our testing and tracing capabilities, and consider additional
precautions as we learn more about the novel coronavirus and its effects on human health.
Colorado has millions of acres of accessible federal land, municipal parks, State parks,
State and county open space, and other accessible areas that allow for stronger Social Distancing
in our great outdoor areas. Coloradans should Stay at Home or in the great outdoors away from
others as much as possible and continue to limit social interactions, remain at least six (6) feet
from others not in their household, and wear non-medical facial coverings in public.
This Executive Order implements a number of measures that will allow many Coloradans
to return to work and recreation in the great outdoors while we maintain a sustainable level of
Social Distancing. Any business or activity not addressed in this Executive Order or any
accompanying Public Health Order (PHO) may operate in accordance with general guidance
from CDPHE concerning group limitations, Social Distancing Requirements, and sanitation and
cleaning protocols.
II.

Directives
A.

All Vulnerable Individuals should Stay at Home or in the vast, great outdoors away
from others as much as possible, and continue to limit their social interactions, remain
at least six (6) feet from others not in their household, and wear facial coverings in
public. Vulnerable Individuals cannot be compelled to perform in-person work for
any business or government function, including a Critical Business or Critical
Government Function.

B.

For purposes of this Executive Order, Vulnerable Individuals means:
1. Individuals who are sixty-five (65) years and older;
2. Individuals with chronic lung disease or moderate to severe asthma;
3. Individuals who have serious heart conditions;
4. Individuals who are immunocompromised;
5. Pregnant women; and
6. Individuals determined to be high risk by a licensed healthcare provider.

C.

I direct the Executive Director of the Colorado Department of Higher Education
(CDHE) to continue to work with CDPHE to identify those programs and courses at
postsecondary institutions that cannot be taught remotely and require limited inperson instruction.

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D.

I direct the Colorado Civil Rights Division within the Department of Regulatory
Agencies and CDPHE to provide continued guidance to prevent discrimination in the
workplace related to COVID-19. Employers must provide reasonable accommodation
and are prohibited from discriminating against employees who are showing
symptoms of COVID-19 or who have been in contact with a known positive case of
COVID-19.

E.

I direct the Executive Director of CDPHE to issue a new or amended PHO consistent
with the directives in this Executive Order. The new or amended PHO must:
1. Advise Coloradans to:
i.

Limit social interactions to the greatest extent possible;

ii.

If travelling outside their community, Coloradans are urged to honor all
restrictions in place at their destination and avoid travel to counties or
municipalities that issue travel restrictions;

iii.

Get tested for COVID-19 if they are experiencing flu-like symptoms or if
they are sick, Stay at Home until at least three (3) days after the fever and
last symptom subsides, except as necessary to care for themselves or seek
medical care. Coloradans who are sick and receive negative COVID-19
test results may resume activities as soon as they feel ready; and

iv.

Take other common-sense precautions against spreading and contracting
COVID-19 such as maintaining six (6) feet of Social Distancing from
others not in their household, wearing non-medical face coverings that
cover the nose and mouth while in public, and frequent hand washing.

2. Prohibit public gatherings of groups of ten (10) persons in both public and private
commercial spaces unless gatherings of groups greater than ten (10) persons are
expressly authorized by this Executive Order or an associated PHO.
3. Strongly encourage all businesses and governmental entities to allow workers to
telecommute whenever possible.
4. Require all Critical Businesses, Critical Government Functions, Non-Critical
Retail, and Non-Critical Commercial Businesses to make work accommodations
for Vulnerable Individuals. Employers are also encouraged to make
accommodations for individuals living in the same household as a Vulnerable
Individual and for individuals with childcare responsibilities.
5. Permit Non-Critical Retail to operate and offer goods through delivery service,
window service, walk-up service, drive-through service, drive-up service,
curbside delivery, and permit Non-Critical Retail to allow customers onto their

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premises in a manner allowing for strict compliance with mandatory Social
Distancing Requirements similar to the requirements for Critical Retail and
cleaning and disinfection protocols. If a Non-Critical Retail entity experiences a
COVID-19 case, they should fully cooperate with requirements of local public
health officials.
6. Permit Places of Public Accommodation to offer food and beverage using
delivery service, window service, walk-up service, drive-through service, drive-up
service, curbside delivery, outside dining, limited indoor dining, or any other
manner set forth in an existing Executive Order or PHO and in accordance with
mandatory Social Distancing Requirements and cleaning and disinfection
protocols. If a Place of Public Accommodation experiences a COVID-19 case,
they should fully cooperate with requirements of local public health officials.
7. Ensure that Critical Businesses, Critical Government Functions, Non-Critical
Commercial Businesses, and Non-Critical Retail with over fifty (50) employees in
any one location follow protocols established by PHO, including but not limited
to symptom screening and temperature check, closure of common areas, cleaning
protocols, and mandatory Social Distancing Requirements.
8. CDPHE must specifically identify any businesses, industries, sectors, activities, or
events that must remain closed at this time.
9. Any business or activity not addressed in this Executive Order or any
accompanying PHO may operate in accordance with general guidance from
CDPHE concerning group limitations, Social Distancing Requirements, and
sanitation and cleaning protocols.
F.

Any new or amended PHO issued pursuant to this Executive Order must identify or
develop:
1. Mandatory Social Distancing Requirements to be implemented by all employers,
identifying any specific protocols for certain employers based on the nature of
their work, including proper face and, if appropriate, hand coverings to be used;
2. A definition of Vulnerable Individual consistent with this Executive Order;
3. Operations requirements for Non-Critical Retail and Critical Retail;
4. Appropriate guidelines for classes and programs identified in consultation with
the Executive Director of CDHE pursuant to paragraph II.C.;
5. Guidance governing restaurants, personal services, childcare, houses of worship,
life cycle events, short-term rentals, summer camps, team sports, State parks, and
personal and outdoor recreation activities. CDPHE may authorize public

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gatherings of groups in these settings that exceed the limits in paragraph II.E.2.,
above, if justified by public health conditions; and
6. Define mandatory Social Distancing Requirements and sanitation and cleaning
protocols for all businesses and government functions.
G.

I direct the Executive Director of the Colorado Department of Labor and Employment
(CDLE) to continue to modify temporary emergency rules to amend the Colorado
Health Emergency Leave with Pay Rules found in 7 CCR 1103-10 to cover
individuals returning to work under this Executive Order and to extend paid sick
leave coverage to up to two-thirds pay for fourteen (14) days if a worker has tested
positive for COVID-19, has COVID-like symptoms, or has been directed to
quarantine or isolation due to COVID-19 concerns.

H.

I direct the Executive Director of CDLE to continue to modify temporary emergency
rules pursuant to C.R.S. § 8-73-108(4)(c) and guidance to ensure that workers, and
particularly workers who are Vulnerable Individuals, are not in danger of losing
unemployment insurance eligibility for refusal to return to COVID-19-related
demonstrable, unsafe working conditions.

I.

Terms in this Executive Order, including Stay at Home, Necessary Activities,
Minimum Basic Operations, Critical Government Functions, Necessary Travel,
Critical Businesses, Places of Public Accommodation, Critical Retail, Social
Distancing Requirements, and Vulnerable Individuals have the meaning as defined in
PHO 20-28, as amended, or any PHO issued pursuant to this Executive Order.

J.

Any county wishing to apply for a local variance from part or all of this Executive
Order must submit a written application to CDPHE. CDPHE shall define any criteria
required for approval of a local variance.

K.

CDPHE shall review and approve a county-specific COVID-19 suppression plan that
meets CDPHE’s public health standards. CDPHE shall not provide COVID-19
preparedness grant funding to any county that implements measures that are less
restrictive than the standards contained in this Executive Order if the county did not
first obtain approval from CDPHE to adopt such less restrictive standards.

L.

Nothing in this Executive Order prevents a county or municipality from adopting
more protective standards than those contained in this Executive Order as necessary.

M.

Except as modified by this Executive Order, all Executive Orders issued due to
COVID-19 that are currently in effect shall remain in full force and effect as
originally promulgated.

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III.

Duration

This Executive Order shall expire thirty (30) days from June 1, 2020, unless extended
further by Executive Order.

GIVEN under my hand and
the Executive Seal of the
State of Colorado, this first
day of June, 2020.

Jared Polis
Governor