THIRD REVISED ORDER REGULATING GATHERINGS
THROUGHOUT THE COMMONWEALTH
COVID-19 Order No. 46
WHEREAS, on March 10, 2020, I, Charles D. Baker, Governor of the Commonwealth
of Massachusetts, acting pursuant to the powers provided by Chapter 639 of the Acts of 1950 and
Section 2A of Chapter 17 of the General Laws, declared that there now exists in the
Commonwealth of Massachusetts a state of emergency due to the outbreak of the 2019 novel
Coronavirus (“COVID-19”);
WHEREAS, on March 11, 2020, the COVID-19 outbreak was characterized as a
pandemic by the World Health Organization;
WHEREAS, the Federal Centers for Disease Control and Prevention (“CDC”) have
advised that COVID-19 is spread mainly by person-to-person contact and that the best means of
slowing the spread of the virus is through practicing social distancing and by minimizing
personal contact with large groups and with environments where this potentially deadly virus
may be transmitted including, in particular, spaces that present enhanced risks because of the
large number of persons present or passing through the area who may spread the virus through
respiratory activity or surface contacts;
WHEREAS, the CDC has issued guidance for large gatherings and community events,
such as conferences, festivals, parades, concerts, sporting events, and other potentially superspreading events, recognizing that gatherings can significantly contribute to the spread of
COVID-19 and introduce the virus to new communities;
WHEREAS, that CDC guidance states that, while virtual-only activities are the safest,
the risks associated with in-person events can be reduced if they are held outdoors, remain small,
and participants maintain 6 feet of distance and wear face coverings;

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 WHEREAS, on March 23, 2020, in order to restrict all non-essential person-to-person
contact, non-essential movement outside the home, and reduce opportunities for spreading the
COVID-19 virus within the Commonwealth, I issued COVID-19 Order No. 13, which
temporarily closed the brick-and-mortar premises of businesses and organizations that do not
provide COVID-19 Essential Services and prohibited gatherings of more than 10 people;
WHEREAS, in response to gradual improvements in the public health data, on May 18,
2020, June 6, 2020, and July 2, 2020, I issued COVID-19 Orders No. 33, 37, and 43,
respectively, which designated certain businesses and other organizations as Phase I, II, III, or IV
enterprises and initiated a progressive, phased plan for re-opening workplaces and other facilities
across the Commonwealth;
WHEREAS, again in response to sustained improvements in the public health data at the
time, on July 2, 2020, I issued COVID-19 Order No. 44, which rescinded the 10 person
limitation on gatherings and set a maximum gatherings limitation of 25 persons for indoor
gatherings and 100 persons for outdoor gatherings, with exceptions for certain businesses and
organizations governed by sector-specific guidance and for outdoor gatherings organized for the
purposes of political expression;
WHEREAS, contrary to the sustained improvements in the public health data in the
preceding period, over the last 3 weeks, the 7-day rolling average of percent positive COVID-19
molecular tests has increased from approximately 1.7% each day to approximately 2.1% each
day and the 7-day rolling average number of confirmed cases from 166 to 234 over the same
period;
WHEREAS, clusters of COVID-19 infections have been traced to house parties in the
Commonwealth and in other States experiencing increases in infection rates, suggesting that
gatherings are contributing to the current rise in cases in the Commonwealth and that increased
vigilance and enforcement of safety measures for gatherings is necessary;
WHEREAS, the statewide increase in the rate of transmission means that it is
appropriate to reduce the allowances on outdoor gatherings so as to continue to minimize
opportunities for person-to-person spread of the COVID-19 virus while the Commonwealth
remains in the midst of the COVID-19 public health emergency; and
WHEREAS, sections 7, 8, and 8A of Chapter 639 of the Acts of 1950 authorize the
Governor, during the effective period of a declared emergency, to exercise any and all authority
over persons and property necessary or expedient for meeting a state of emergency, including but
not limited to authority over assemblages in order to protect the health and safety of persons,
transportation and travel by any means or mode, and policing, protection, and preservation of
public and private property;
NOW, THEREFORE, I hereby Order the following:

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 1. Entities Subject to Sector-Specific Rules: A business or other organization that has been
designated by Executive Order as a Phase I, Phase II, or Phase III enterprise and that is
permitted to open its brick-and-mortar premises to workers and the public shall not be subject
to the general gathering limitations in Section 3 of this Order, if the enterprise is operating in
compliance with COVID-19 safety rules and any applicable capacity limitation issued by the
Department of Public Health, the Department of Labor Standards, the Massachusetts Gaming
Commission, or the Executive Office of Energy and Environmental Affairs.
Phase IV enterprises shall remain closed, consistent with the requirements of the Order
Authorizing the Re-Opening of Phase III Enterprises (COVID-19 Order No. 43).
2. Gatherings for Political Expression and Religious Activities. Outdoor gatherings for the
purpose of political expression and gatherings for religious activities shall not be subject to
the limitations in Section 3 of this Order; provided, however, that indoor gatherings for the
purposes of political expression shall be governed by the indoor limitations of Section 3, and
gatherings for the purpose of religious services shall follow the COVID-19 safety rules and
capacity limitations set forth in the Places of Worship sector-specific guidance.
3. Otherwise Applicable Indoor and Outdoor Gathering Limits: The following limitations apply
to indoor and outdoor gatherings not exempted by Sections 1 and 2:
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Indoor gatherings are limited to 8 persons per 1,000 square feet of accessible, indoor
floor space, and never more than 25 persons in a single enclosed, indoor space.

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Outdoor gatherings are limited to 25% of the maximum permitted occupancy of the
facility or space as documented in the occupancy permit on record with the municipal
building department or other municipal record holder if there is a capacity limitation on
record, or 8 persons per 1,000 square feet where no occupancy limitation is on record,
and never more than 50 persons in a gathering in a single outdoor space.

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All participants in indoor and outdoor gatherings must maintain at least 6 feet of physical
distance from every other participant in the gathering aside from participants who are
members of the same household. A gathering shall violate this provision where, no
matter the number of participants present, conditions or activities at the gathering are
such that it is not reasonably possible for all participants to maintain this degree of
separation.

Gatherings that are subject to the limitations of this Section include, without
limitation, community, civic, public, leisure, sporting events, concerts, conferences,
conventions, fundraisers, fairs, festivals, road races, and other similar events or activities.
Except as provided in Sections 1 and 2, these restrictions apply to gatherings in all public and
private venues and locations in the Commonwealth, including private homes, backyards,
parks, athletic fields, and parking lots.

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 This Order does not impose a general capacity limitation on large, unenclosed public
spaces such as beaches, parks, and recreation areas. Capacity limitations for such spaces set
by other rules and regulations shall continue to apply. The limitations of this Order are
instead specifically applicable to programs, celebrations, social outings, and similar events
that draw together groups of people. Such gatherings are subject to the limitations of this
Order when they take place within large, unenclosed public spaces such as beaches, parks,
and recreation areas or within any other indoor or outdoor space, public or private, that falls
within the scope of this Order.
4. Face Coverings: For gatherings of more than 10 people, all persons over the age of two must
wear a face covering when they attend indoor and outdoor gatherings where participants
other than those in the same household will be in attendance, unless they are prevented from
wearing a face covering by a medical or disabling condition. This restriction applies to
gatherings in all venues and locations, including private homes, backyards, parks, athletic
fields, and parking lots.
5. Legal Exceptions: This Order shall not apply to any of the following businesses,
organizations, workplaces, or facilities:
a.
b.
c.
d.

Any municipal legislative body, the General Court, or the Judiciary
Federal governmental entities
Any health care facility or licensed health care provider
Any of the following workplaces or facilities with specialized functions and
populations:
· Polling places
· Public and private elementary and secondary (K-12) schools
· Residential and day schools for special needs students
· Licensed, approved, or exempt child care programs and any emergency child
care centers and emergency residential programs operating under emergency
authorization
· Facilities operated by the Department of Correction or any Sheriff
· Facilities operated, contracted, or licensed by the Department of Youth
Services, Department of Mental Health, Department of Public Health, or the
Department of Developmental Services
· Facilities and programs that provide safe spaces for the unstably housed such
as homeless and domestic violence shelters
· and any other facility or workplace that the Commissioner of Public Health
may in writing exempt from the terms of this Order

6. Enforcement. The Department of Public Health, local boards of health and their authorized
agents pursuant to G. L. c. 111, § 30, and State and municipal police are authorized to
enforce this Order. Violation of the terms of this Order may result in a civil fine of up to
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 $500 per violation as provided in St. 1950, c. 639, § 8, provided that the fine shall be
administered in the manner provided for the non-criminal disposition of violations of
municipal by-law, ordinance, rule, or regulation pursuant to G. L. c. 40, § 21D. This Order
may also be enforced by injunction. A motion for an injunction to enforce this Order may be
filed in the district court or any other court of competent jurisdiction for the municipality in
which the violation has been charged. The Alcoholic Beverages Control Commission or a
local licensing authority may, after notice to the licensee and a reasonable opportunity to be
heard, suspend, revoke, or cancel a license for the sale or service of alcoholic beverages or
take other appropriate enforcement action upon satisfactory proof that the licensee has
violated or permitted a violation of this Order.
If any provision of this Order or the application thereof to any person, entity, or
circumstance is determined to be invalid by a court of competent jurisdiction, such judgment
shall not affect or impair the validity of the other provisions of this Order or its application to
other persons, entities, and circumstances.
The Second Revised Order Regulating Gatherings Throughout the Commonwealth
(COVID-19 Order No. 44) is hereby rescinded effective 12:01 am on August 11 2020.
This Order shall be effective 12:01 am on August 11, 2020 and shall remain in effect until
rescinded or until the state of emergency is ended, whichever occurs first.

Given in Boston at ______ AM/PM this 7th
day of August, two thousand and twenty

______________________________
CHARLES D. BAKER
GOVERNOR
Commonwealth of Massachusetts

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