STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
At Charleston

EXECUTIVE ORDER NO. 50-20

By the Governor

WHEREAS, a State of Emergency was declared on the Sixteenth Day of March, Two
Thousand Twenty for all counties in West Virginia (the ?State of Emergency Declaration?), to
allow agencies to coordinate and create necessary measures to prepare for and respond to the

outbreak of respiratory disease caused by a novel coronavirus now known as and

WHEREAS, Chapter 15, Article 5, Section 6 of the Code of West Virginia authorizes the
Governor to, among other things, control ingress and egress to and from a disaster area or an area
where large-scale threat exists, the movement of persons within the area, and the occupancy of
premises therein, and to perform and exercise other ?lnctions, powers, and duties that are necessary

to promote and secure the safety and protection of the civilian population; and

WHEREAS, Executive Order 9-20 required all businesses and operations in West
Virginia, except Essential Businesses and Operations as de?ned therein, to cease all activities
within the state except for such minimum basic operations as are necessary to maintain the value
of the business?s inventory, preserve the condition of the business?s physical plant and equipment,
ensure security, process payroll and employee bene?ts, or related functions, and the minimum
necessary activities to facilitate employees of the business being able to continue to work remotely
from their residences, and provided exceptions for businesses such as home-based businesses and
certain small businesses while requiring proper social distancing and hygiene practices be

maintained at such businesses; and

WHEREAS, since the issuance of Executive Order 9-20 and other executive orders
ordering closed or otherwise limiting occupancy of certain establishments and facilities in this
state, implementation of successful public health measures has resulted in revised projections of
rates of infection and related deaths in West Virginia, as well as ever-strengthening
supply chains for personal protective equipment and other medical equipment and supplies,

resulting in greater preparedness and response capacity throughout the state; and

WHEREAS, on April 27, 2020, 1, Governor Jim Justice, announced the state?s reopening
plan, West Virginia Strong: The Comeback (the ?Comeback Plan?), to phase in the reopening of
businesses in the state of West Virginia on a week by week basis to most effectively monitor and
respond to the public health effects of this phased reopening, to be based upon certain metrics and
conditions to safely reopen segments of West Virginia?s economy and get our citizens back to
work, while ensuring the health and protection of all West Virginians, and especially the state?s

signi?cant elder and vulnerable population who are at most risk from the COVID-19 virus; and

WHEREAS, Executive Order 28-20 and Executive Order 30-20 allowed for the
resumption of all medical procedures throughout the state while requiring that hospitals and
ambulatory surgical centers around the state limit procedures to only more urgent procedures to
ensure adequate response capacity and preserve necessary personal protective equipment and other

resources at such facilities in the event of any surge of and

WHEREAS, under the Comeback Plan, the phased reopening of businesses and activities
in West Virginia has allowed our public health experts to effectively monitor the numbers of cases
and rate of spread of the virus within this State and across the nation, and to make

recommendations based upon the most current data available; and

WHEREAS, West Virginia?s public health experts have advised that mandating the use of
face coverings when in con?ned, indoor spaces, other than one?s residence or when actively
engaged in the consumption of food and/or beverage, and when not able to adequately social
distance from other individuals who do not reside in the same household, is appropriate at this

time; and

WHEREAS, West Virginia Code 61 -6-22, which prohibits the wearing of masks or other

face coverings that conceal one?s identity when in certain settings, including in public buildings,

provides that such law does not apply to any person wearing a face covering in response to an

emergency or as protection from the elements, and, therefore, this law is not meant to and shall

not apply to or be enforced against any person wearing a face covering to protect themselves and

the community against the spread of COVID-19, in accordance with this Order; and

NOW, THEREFORE, I, JIM JUSTICE, pursuant to the authority vested in me pursuant

to the provisions of Chapter 15, Article 5, Section 6 and Chapter 15, Article 5, Section 1 of the

Code of West Virginia, hereby DECLARE and ORDER, effective as of 12:01 AM, Eastern

Standard Time, on the Seventh day of July, Two Thousand Twenty, as follows:

1.

All individuals age 9 and over within the State of West Virginia shall wear an
adequate face covering when in con?ned, indoor spaces, other than when in one?s
residence or when actively engaged in the consumption of food and/or beverage,
and when not able to adequately social distance from other individuals who do not
reside in the same household.

Under Centers for Disease Control and Prevention guidance, children younger than
two years old, anyone who has trouble breathing, and anyone who is unconscious,
incapacitated, or otherwise unable to remove the face covering without assistance
should not wear face coverings, and therefore such young children, persons who
would have trouble breathing through a face covering, and persons who would be
unable to remove the face covering without assistance are exempt from the mandate
of Section 1 of this Order.

For children ages two through eight, it is recommended that parents or guardians
use their best judgment as to when to assist such children to wear a face covering.
The term ?face covering? as used herein shall be construed very broadly to include,
by way of example only, cloth face coverings, bandanas or handkerchiefs, face
shields, and dust masks, 'as may be appropriate.

West Virginia Code 61 -6-22, which prohibits the wearing of masks or other face
coverings that conceal one?s identity when in certain settings, including in public

buildings, is not meant to and shall not apply to, or be enforced against, any person

wearing a face covering to protect themselves and the community against the spread

of in accordance with this Order.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the
State of West Virginia to be af?xed.
DONE at the Capitol in the City of
Charleston, State of West Virginia, this Sixth
day of July, in the year of our Lord, Two
Thousand Twenty in the One Hundred Fifty-

eighth year of the State.

 

GOVERNOR

 

By the Governor

SECRETARY OF STATE