STATE OF ALABAMA PROCLAMATION BY THE GOVERNOR WHEREAS, on March 13, 2020, I declared the existence of a state public health emergency based on the appearance of the 2019 novel coronavirus known as COVID-19 in the State of Alabama; WHEREAS that initial proclamation included provisions designed to assist in preventing the spread of COVID-19 and in mitigating the consequences of WHEREAS I have issued supplemental proclamations to further address the occurrence of COVID-19 in the State of Alabama on March 18, 20, 23, and 26, April 2, 3, and 13, May 8 and 21, June 9 and 30, July 2, 15, and 29 of 2020, and August 21 of 2020; and WHEREAS new implications of COVID-19 come to light on a continual basis, requiring ?exibility and adaptability by all levels of government within the State of Alabama; NOW THEREFORE, 1, Kay Ivey, Governor of the State of Alabama, pursuant to the relevant provisions of the Alabama Emergency Management Act of 1955, as amended, Ala. Code 31-9?1, et seq., do hereby proclaim the existence of conditions that warrant implementation of additional extraordinary measures and relief during the state public health emergency now in effect in order to guard public health and protect human life. I therefore proclaim and direct all of the following: I. Extending the statewide ?Safer at Home? health order To reduce the spread of I hereby extend the ?Safer at Home? health order by incorporating the attached ?Order of the State Health Officer Suspending Certain Public Health Gatherings Due to Risk of Infection by signed today by the State Health Officer, into this proclamation as if fully set forth herein. Further, I specifically promulgate that order as an order, rule, or regulation under the applicable provisions of the Emergency Management Act. See, Ala. Code 31-9-60) 8: 31-9?13. The law-enforcing authorities of the state shall enforce that order as any other order, rule, or regulation promulgated by the Governor under that Act, see id. 31-9-14, and the penalty for violating it shall be a fine of not more than $500 or imprisonment in the county jail as set forth in the Act, see, id. 31-9-22. II. Extending the public health emergency Under the Emergency Management Act, a state of emergency terminates sixty days after the date on which it was proclaimed unless the Governor extends the emergency by proclamation. See Ala. Code On May 8, 2020, I extended the emergency initially proclaimed on March 13, 2020, by sixty days, from May 12, 2020, until July 11, 2020. And on July 2, 2020, 1 extended the same emergency an additional sixty days from July 11, 2020, until September 9, 2020. Due to the continuing impact of COVID-19, conditions of disaster or extreme peril to the safety of persons and property continue to exist Within the State of Alabama. Therefore, I hereby extend the emergency initially proclaimed on March 13, 2020, by an additional sixty days from September 9, 2020, until November 8, 2020. At this time, it is impossible to predict how long the pandemic will require the existence of a state of emergency. Nevertheless, I understand and appreciate the substantial reliance that many people, businesses, and government entities have come to place on the measures adopted in the various emergency proclamations I have issued as part of the State?s re5ponse. To assist these people, businesses, and government entities in planning for the future, I intend to give ample advance notice of any decision to terminate the state of emergency, whenever that date may be. FURTHER, to the extent a provision in this supplemental proclamation conflicts with any provision of state law, that law is hereby suspended for the duration of this state of emergency, and this proclamation shall control. FURTHER, I declare that this proclamation and all subsequent orders, laws, rules, or regulations issued pursuant hereto shall remain in full force and effect for the duration of the public health emergency unless rescinded or extended by proclamation. IN WITNESS, WHEREOF, I have hereunto set my hand and caused the Great Seal to be affixed by the Secretary of State at the State Capitol in the City of Montgomery on this 27th day of August, 2020. a, Kay' Ive3/ Governor ATTEST: Xumall ?in H. Merrill Secretary of State ORDER OF THE STATE HEALTH OFFICER SUSPENDING CERTAIN PUBLIC GATHERINGS DUE TO RISK OF INFECTION BY COVH3-19 (APPLICABLE STATEWIDE) AMENDED AUGUST 27, 2020 WHEREAS Coronavirus Disease 2019 has been detected in Alabama; WHEREAS the appearance of in the State poses the potential of widespread exposure to an infectious agent that poses signi?cant risk of substantial harm to a large number of people; WHEREAS the State Board of Health has designated to be a disease of epidemic potential, a threat to the health and welfare of the public, or otherwise of public health importance; - WHEREAS on March 13, 2020, on recommendation of the State Health Of?cer, Kay Ivey, Governor of the State of Alabama, declared a state public health emergency exists in the State of Alabama; WHEREAS on March 16, 2020, the Jefferson County Health Of?cer, in response to a rapidly growing number of cases of being detected in Jefferson County, issued an order suspending certain public gatherings in that county; WHEREAS on March 17, 2020, the State Health Of?cer issued a similar order for counties surrounding Jefferson, including Blount, St. Clair, Shelby, Tuscaloosa, and Walker Counties, WHEREAS on March 19, 2020, the State Health Of?cer issued an order, and on March 20, 2020, March 27, 2020, April 3, 2020, April 28, 2020, May 8, 2020, May 21, 2020, June 30, 2020, July 15, 2020, and July 29, 2020, amended orders, of statewide application suspending certain public gatherings; WHEREAS social-distancing and related measures remain necessary on a statewide basis to prevent the spread of and WHEREAS Ala. Code 22-2-2 authorizes the State Health Of?cer, on behalf of the State Board of Health, to direct that conditions prejudicial to health in public places within the State be abated; NOW THEREFORE, THESE PREMISES CONSIDERED, it is ordered that the following Safer at Home order be implemented statewide: 1. Recommendations for individuals. Effective April 30, 2020, at 5:00 P.M., all individuals?and especially vulnerable persons?are encouraged to exercise personal reSponsibility in slowing the spread of by: a. Minimizing travel outside the home, especially if sick; b. Washing hands frequently with soap and water or hand sanitizer, especially after touching frequently used items or surfaces; 0. Refrainin from touchincJr one?s face? 3 d. Sneezing or coughing into a tissue, or the inside of one?s elbow; and e. Disinfecting frequently used items and surfaces as much as possible. ?Vulnerable persons? means individuals 65 years and older or individuals with serious underlying health conditions, including high blood pressure, chronic lung disease, diabetes, obesity, asthma, and those whose immune system is compromised such as by chemotherapy for cancer and other conditions requiring such therapy. 2. Facial coverings for individuals. Effective July 16, 2020 at 5:00 P.M., each person shall wear a mask or other facial covering that covers his or her nostrils and mouth at all times when within six feet of a person from another household in any of the following places: an indoor Space open to the general public, a vehicle operated by a transportation service, or an outdoor public space where ten or more people are gathered. But this facial-covering requirement is subject to the following exceptions. a. Exceptions for practical necessity. The facial-covering requirement does not apply to: (ii) 0V) (V) Any child six years of age or younger or any child who has not yet entered the second grade; Any person with a medical condition or disability that prevents him or her from wearing a facial covering; Any person while consuming food or drink, or seated at a restaurant to eat or drink, Any person who is obtaining a service (for example, a medical or dental procedure) that requires removal of the facial covering in order to perform the service; or Any person who is required to remove the facial covering to con?rm his or her identity, such as for security or screening purposes. b. Exceptions for exercise. The facial-covering requirement does not apply to: (ii) Any person who is actively engaged in exercise in a or other athletic facility if he or she maintains six feet of separation from persons of another household; Any person who is directly participating in athletic activities in compliance with paragraph 1 1 of this order; or Any person who is in a swimming pool, lake, water attraction, or similar body of water, though wearing a face covering or social distancing is strongly encouraged if safe and practicable. c. Exceptions for effective communication. The facial-covering requirement does not apply to: (ii) Any person who is seeking to communicate with another person where the ability to see the person?s mouth is essential for communication (such as when the other person has a hearing impairment); or Any person speaking for broadcast or to an audience if the person maintains six feet of separation from persons from another household. d. Exceptions to facilitate constitutionally protected activity. The facial-covering requirement does not apply to: (ii) Any person who is voting, though wearing a face covering is strongly encouraged; or Any person who cannot wear a facial covering because he or she is actively providing or obtaining access to religious worship, though wearing a face covering is strongly encouraged. e. Exceptions for essential job functions. The facial-covering requirement does not apply to: (ii) Any first responder (including law enforcement officers, firefighters, or emergency medical personnel) if necessary to perform a public-safety function; or Any person performing ajob function if wearing a face covering is inconsistent with industry safety standards or a business?s established safety protocols. Masks or other facial coverings can be factory-made, homemade, or improvised from household items such as scarves, bandanas, or t-shirts. For instructions on how to make a facial covering at home, see the Centers for Disease Control and Prevention ?How to Make Cloth Face Coverings,? available at 3. Quarantine for infected persons. Effective immediately, any person who has tested positive for COVlD-19?other than institutionalized persons?shall be quarantined to his or her 3 place of residence for a period of time speci?ed by the State Health Officer or his designee. Any person quarantined pursuant to this provision shall not leave his or her place of residence for any reason other than to seek necessary medical treatment. Any person requiring assistance while under quarantine may contact Alabama Voluntary Organizations Active in Disaster, While under quarantine, the person shall take precautions as directed by his or her health care provider or the Alabama Department of Public Health to prevent the spread of the disease to others. 4. Non-work related gatherings. Effective May 1 1, 2020, all non-work related gatherings of any size, including drive-in gatherings, that cannot maintain a consistent six-foot distance between persons from different households are prohibited. Organizers of religious gatherings are strongly encouraged to read and implement the Alabama Department of Public Health?s ?Guidelines for Places of Worship,? available at 5. Protections for employees. Effective July 16, 2020 at 5:00 P.M., and unless otherwise specified by this order, all employers shall take reasonable steps, where practicable as work duties permit, to protect their employees by: a. encouraging use of masks and facial coverings; b. maintaining six feet of separation between employees; 0. regularly disinfecting frequently used items and surfaces; (1. encouraging handwashing; e. preventing employees who are sick from coming into contact with other persons; f. facilitating remote working arrangements; and g. minimizing employee travel. In addition to complying with the requirements of this paragraph, employers are strongly encouraged to read and implement the Alabama Department of Public Health?s ?Guidelines for Safeguarding All Businesses,? available at l9/assets/cov- sah-businessespdf. 6. Protections for customers, etc. Effective July 16, 2020 at 5:00 P.M., and unless otherwise specified by this order, the operator of any business, government office, or other establishment open to the public shall take reasonable steps, where practicable, to protect their customers, constituents, or other guests by: a. encouraging use of masks and facial coverings; rules: maintaining six feet of separation between such persons (except for those persons who share the same household); and regularly disinfecting frequently used items and surfaces. 7. Retailers. Effective May 1 1, 2020, all retail stores shall comply with the following Emergency maximum occupancy rate. Occupancy shall be limited to no more than 50 percent of the normal occupancy load as determined by the ?re marshal. This ?emergency maximum occupancy rate? shall be posted in a compicuous place, and enough staff shall be posted at the store entrances and exits to enforce this requirement. Social distancing. An employee of the retail store may not knowingly allow customers or patrons to congregate within six feet of a person from another household. Sanitation. The retail store shall take reasonable steps to comply with guidelines on sanitation from the CDC and the Alabama Department of Public Health. 8. Close-contact service providers. Effective May 11, 2020, close-contact service providers?such as barber shops, hair salons, waxing salons, threading salons, nail salons and spas, body art facilities, tattoo services, and massage therapy establishments and services?shall comply with the following rules: a. d. Social distancing. Employees shall not knowingly allow clients or persons accompanying a client to congregate within six feet of a person from another household. Facial coverings. Each employee shall wear a mask, or other facial covering that covers his or her nostrils and mouth, at all times while providing services within 6 feet of a client. Hand sanitation. Employees shall wash their hands thoroughly with soap and water immediately before providing services Within 6 feet of a client. (ii) Employees of all close-contact service providers are encouragedw?and employees providing nail services or facial services are required?to wear gloves when providing services within 6 feet of a client. To the extent employees wear gloves when providing services, they should use a new pair of gloves for each client and should put them on immediately after washing their hands. Sanitation. A close-contact service provider shall take reasonable steps, where practicable, to regularly disinfect frequently used items and surfaces. In addition to complying with the requirements of this paragraph, close-contact service providers are strongly encouraged to read and implement the Alabama Department of Public 5 Health?s ?Guidelines for Close Contact Personal Service Businesses,? available at 9. Athletic facilities. Effective May 1 1, 2020, athletic facilities?such as ?tness centers and commercial gyms, $1333, and yoga, barre, and spin facilities?shall comply with the following rules: a. Social distancing. Employees shall not knowingly allow patrons or guests to congregate within six feet of a person from another household. (ii) Employees shall not knowingly allow patrons or guests to participate in athletic activities in violation of paragraph 1 1. Employees shall take reasonable steps to prevent people from congregating in lobby areas, break rooms, and other common areas. b. Limits on facility access. An athletic facility shall limit facility occupancy to 50 percent of the normal occupancy load as determined by the fire marshal. Athletic facilities shall also prohibit patrons and guests from accessing hot tubs, steam rooms, saunas and other recreational water or spa facilities. Pools may be open subject to the social-distancing rules of this paragraph. c. Facial coverings. Each employee shall wear a mask or other facial covering that covers his or her nostrils and mouth at all times while in regular interaction with clients or guests. Sanitation. An athletic facility shall take reasonable steps, where practicable, to regularly disinfect frequently used items and surfaces. In addition to complying with the requirements of this paragraph, operators of athletic facilities are strongly encouraged to read and implement the Alabama Department of Public Health?s ?Guidelines for Athletic Facilities,? available at 10. Entertainment venues. Effective May 22, 2020, at 5:00 P.M., entertainment venues shall comply with the following rules: a. Social distancing. Employees shall not knowingly allow patrons or guests to congregate within six feet of a person from another household. (ii) Employees shall take reasonable steps to prevent people from congregating in lobby areas, break rooms, and other common areas. 6 b. Emergency maximum occupancy rate. Indoor and enclosed entertainment venues shall limit occupancy to 50 percent of the normal occupancy load as determined by the ?re marshal. Outdoor venues or those not assigned a normal occupancy load by the ?re marshal shall limit occupancy as required to comply with the social distancing requirements of this paragraph. c. Facial coverings. Each employee shall wear a mask or other facial covering that covers his or her nostrils and mouth at all times while in regular interaction with clients or guests. d. Sanitation. An entertainment venue shall take reasonable steps, where practicable, to regularly disinfect frequently used items and surfaces. For purposes ofthis paragraph, ?entertainment venue? includes bowling alleys, arcades, concert venues, theaters, auditoriums, performing centers, tourist attractions (including museums and planetariums), race tracks, commercial or public playgrounds, adult entertainment venues, casinos, and bingo halls. ?Entertainment venue? does not include playgrounds operated by educational institutions and child day care facilities; playgrounds Operated by education institutions and child day care facilities are covered by, and subject to, paragraph l4. ?Entertainment venue" also does not include ?night clubs,? which are covered by, and subject to, paragraph 19. In addition to complying with the requirements of this paragraph, entertainment venues are strongly encouraged to read and implement the Alabama Department of Public Health?s ?Guidelines for Entertainment Venues and Tourist Attractions,? available at 1 1. Athletic activities. Effective May 22, 2020, at 5:00 P.M., persons attending or participating in athletic activities shall comply with the following rules: a. Permitted team activities. From May 22, 2020, at 5:00 P.M., until June 14, 2020, participation in team athletic activities is limited to practices that involve conditioning, skill drills, and similar activities, subject to the rules ofthis paragraph. Beginning June 15, 2020, participation in team athletic activities may proceed in any respect subject to the rules of this paragraph. b. Social distancing. Players, coaches, officials, and spectators shall not congregate within 6 feet of a person from another household except to the extent necessary?and only to the extent necessary?for players, coaches, and officials to directly participate in the athletic activity. (ii) Players, coaches, officials, and spectators shall refrain from high fives, handshakes, and other physical contact except to the extent necessary?and only to the extent necessary?for players, coaches, and officials to directly participate in the athletic activity. c. Facial coverings. Unless an exception to paragraph 2?s facial-covering requirement would apply, players, coaches, officials, and spectators shall wear a mask or other facial covering that covers his or her nostrils and mouth at all times while within six feet of a person from another household except when a player or official is directly participating in the athletic activity. d. Sanitation. Players, coaches, and officials shall not share water coolers, drinking stations, water bottles, cups, or other drinking devices. Organizers of athletic activities shall take reasonable steps, where practicable, to regularly disinfect frequently used items and surfaces. For purposes of this paragraph, ?athletic activities? means ?sports that involve interaction with another person of closer than six feet? and ?activities that require use of shared sporting apparatus and equipment.? In addition to complying with the requirements of this paragraph, persons attending or participating in athletic activities are strongly encouraged to comply with any guidelines adopted by the relevant governing organization, if one exists for the athletic activity in question, to the extent those guidelines are consistent with the requirements of this paragraph. In addition, organizers of athletic activities are strongly encouraged to read and implement the Alabama Department of Public Health?s ?Guidelines for Adult and Youth Athletic Activities,? available at activitiespd f. 12. Beaches. Effective May 11, 2020, anyone using the beaches shall maintain a consistent six-foot distance between himself or herself and all persons from a different household. For purposes of this section, the term ?beach? means the sandy shoreline area abutting the Gulf of Mexico, whether privately or publicly owned, including beach access points. 13. Senior Citizen Centers. Effective March 20, 2020, all regular programs at Senior Citizen Centers shall be ended except that Senior Citizen Centers and their partners are urged to assure that their clients continue to receive needed meals via curbside pick-up or delivery. 14. Educational institutions. Effective June 1, 2020, all schools, public and private? including elementary, secondary, postsecondary, technical, and specialty schools, and colleges and universities?sliall comply with the following rules: a. Social distancing. Schools shall take reasonable steps, where practicable, to maintain six feet of separation between persons of different households. b. Sanitation. Schools shall take reasonable steps, where practicable, to regularly disinfect frequently used items and surfaces. c. Facial coverings. Each employee, and each student in second grade or above, shall, to the greatest extent practicable, wear a mask or other facial covering that covers his or her nostrils and mouth at all times when in regular interaction within six feet of a person from a different household. In addition to complying with the requirements of this paragraph, educational institutions are strongly encouraged to adopt and implement additional measures to supplement these minimum rules. Guidance applicable to public schools is available at 15. Child day care facilities. Effective May 23, 2020, at 5:00 P.M., facilities providing child day care, including any child day care facility described in Ala. Code 38-7-2, shall comply with the following rules: a. Social distancing. Employees shall not knowingly allow parents or other guests to congregate within six feet of a person from another household. Facilities shall also take reasonable steps to prevent parents or other guests from congregating in lobby areas, cafeterias, and other common areas. b. Sanitation. Child day care facilities shall take reasonable steps, where practicable, to regularly disinfect frequently used items and surfaces. c. Facial coverings. Each employee shall, to the greatest extent practicable, wear a mask or other facial covering that covers his or her nostrils and mouth at all times when in regular interaction within six feet of a person from a different household. In addition to complying with the requirements of this paragraph, child day care facilities are strongly encouraged to read and implement the Alabama Department of Public Health?s ?Guidelines for Child Day Care Facilities,? available at 16. Camps. Effective May 23, 2020, day and overnight youth summer camps shall comply with the following rules: a. Social distancing. Employees shall not knowingly allow campers or guests to congregate within six feet of a person from another household. (ii) Employees shall not knowingly allow campers or guests to participate in athletic activities in violation of paragraph 1 1. b. Sanitation. Camps shall take reasonable steps, where practicable, to regularly disinfect frequently used items and surfaces. c. Facial coverings. Each employee shall, to the greatest extent practicable, wear a mask or other facial covering that covers his or her nostrils and mouth at all times when in regular interaction with campers and guests. In addition to complying with the requirements of this paragraph, day and overnight youth summer camps are strongly encouraged to read and implement the Alabama Department of Public Health?s ?Guidelines for Day and Overnight Youth Summer Camps,? available at 17. Hospitals and similar institutions. Effective July 3, 2020, all Hospitals and Nursing Home/Long Term Care Facilities (including Assisted Living and Specialty Care Assisted Living Facilities) shall limit the entrance of visitors, as defined by the facility, and non-essential health care personnel, except for certain compassionate care situations such as maternity, end-of-life, and support for persons with disabilities, as well as any other situations where the presence of a caregiver would facilitate appropriate care. 18. Medical procedures. Effective April 30, 2020, at 5:00 P.M., dental, medical, or surgical procedures may proceed unless the State Health Of?cer or his designee determines that performing such procedures, or any category of them (whether statewide or regionally), would unacceptably reduce access to personal protective equipment or other resources necessary to diagnose and treat COVID-19. Providers performing these procedures shall follow all applicable COVlD-l9-related rules adopted by a state regulatory board or by the Alabama Department of Public Health. In the absence of such rules, providers should take reasonable steps to comply with applicable COVID-l9-related guidelines from the Centers for Medicare and Medicaid Services (CMS) and the CDC, including ?Re-opening Facilities to Provide Non-emergent Non- COVID-19 Healthcare: Phase from CMS, available at and ?Infection Control Guidance for Healthcare Professionals about Coronavirus from the CDC, available at 9-ncov/hcp/infection? control .html. 19. Restaurants and similar establishments. Effective August 31, 2020 at 5:00 P.M., all food service establishments and retail food stores permitted by the Alabama Department of Public Health shall operate as follows: a. Such establishments may continue to offer food for take-out or delivery provided the social distancing protocols, including maintaining a consistent six?foot distance between persons, are followed. b. Such establishments are strongly encouraged to offer online ordering and curbside pick- up of food. c. Hospital food service areas and cafeterias operated by an educational institution described in paragraph 14 are excluded from this paragraph provided they have their own social distancing plan. 10 d. Insofar as such establishments offer on?premises consumption of food or drink, they shall limit the party size at tables to no more than eight persons and maintain at least six feet of separation between people seated at different tables, booths, chairs, or stools. Games played at such establishments, such as pool and darts, may be played if players maintain 6 feet of distance from other players, game equipment is not shared by players during game play, and equipment is sanitized in between uses. e. Each employee shall wear a mask or other facial covering that covers his or her nostrils and mouth at all times while in regular interaction with patrons or guests. f. Such establishments operating buffets, salad bars, and self-serve drink stations shall ensure that at least one employee?s duties include maintaining six feet of distance among customers using the buffet, salad bar, or self~serve drink station and (ii) provide hand sanitizer and encourage customers to apply it before using the buffet, salad bar, or self- serve drink station. In addition to complying with the requirements of this paragraph, establishments subject to this paragraph are strongly encouraged to read and implement the Alabama Department of Public Health?s ?Guidelines for Restaurants and Bars," available at 20. Duration. This Order shall remain in full force and effect until 5:00 PM. on October 2, 2020, unless extended, rescinded, or modi?ed in writing before that time. Prior to 5:00 PM. on October 2, 2020, a determination shall be made whether to extend this Order?or, if circumstances permit, to change this Order. 21. Preemption. To the extent this Order conflicts with any order previously issued by the State Health Of?cer concerning mitigation measures, this Order supersedes and preempts the conflicting provisions of the previously issued order effective on the dates speci?ed above. This Order also supersedes and preempts all orders previously issued by county health of?cers concerning mitigation measures, as well as any municipal ordinances concerning the use of facial coverings to prevent the spread of 9. (Ifthis Order?s facial- covering requirement is rescinded, however, orders of county health of?cers and municipal ordinances pertaining to facial coverings may take effect according to their terms.) After the date this order is issued, county health of?cers are authorized, after approval by the State Health Of?cer, to implement more stringent measures as local circumstances require. This Order also supersedes and preempts any county and municipal orders or ordinances, whenever adopted, that purport to impose less stringent COVlD-l9-related measures. Done on this 27th day of August, 2020. 800% Scott Harris, M.D., MPH. State Health Of?cer 1