COVID-19 | NC Path Forward to Easing Restrictions

Updated September 30, 2020

Gov. Cooper originally issued a stay-at-home order effective March 30. On April 23, Gov. Cooper issued an executive order to extend the current Stay at Home restrictions until 5 p.m. on Friday, May 8. In addition, Gov. Roy Cooper and DHHS Sec. Cohen announced the metrics that the Governor is using to determine when it is appropriate to begin easing restrictions. Governor Cooper also offered a broad 3-phase plan for loosening restrictions.

To read more about Gov. Cooper’s executive orders related to a phased easing of restrictions, click here.

The metrics that the Governor and Secretary Cohen will be evaluating include the following:

A decrease in the number of cases presenting with COVID-19-like symptoms over 14 days. This is the total number of cases that bear these symptoms, which is a broader category of cases than cases with a confirmed positive test result. North Carolina is currently seeing a significant decline here.
A decrease or sustained leveling in the number of new lab-confirmed cases over 14 days. North Carolina has seen no decrease at this point. Currently, this number is still increasing but beginning to level in North Carolina. North Carolina is adopting a less restrictive standard than proposed by the White House. The White House has recommended that this metric should be decreasing and does not include a sustained leveling.
A decrease in the number of positive test results as a percentage of all tests over 14 days. This number is not currently declining, though there has been some improvement over the last two days.
A decrease or sustained leveling in the number of hospitalizations over 14 days. This number is not currently declining, but has begun to level off. North Carolina is adopting a less restrictive standard than proposed by the White House. The White House has recommended that this metric should be decreasing and does not include a sustained leveling off.
The ability to conduct 5,000 to 7,000 tests per day. North Carolina has just reached this level of capacity.
The ability to conduct adequate contact tracing for confirmed positive patients. The State needs 500 individuals to perform this function but currently has only 250.
A 30-day supply of personal protection equipment. The State currently has a 30-day supply with respect to some items, but not with respect to gowns and N95 masks

The Governor outlined a 3-phase plan for loosening restrictions. The plan depends on continued improvement of the metrics discussed above. The length of any of the phases below could be adjusted depending on conditions at the time. There is also the possibility that restrictions could be increased again if there is a worsening with respect to any of the metrics discussed above.

Phase 1 (Executive Order #138)
- Issued May 5, 2020 and becomes effective May 8 at 5:00 p.m.
- State guidance on Phase 1:
- Select modifications are listed below. For more detail about the executive order and other modifications, click here.
  - Expands list of allowable activities.
  - Most businesses will be able to reopen with adherence to state guidelines.
  - Playgrounds remain closed, but parks and trails may reopen under guidelines.
  - Mass gatherings are still limited to 10 people and should take place outdoors if possible (50 people for funerals).
  - Local governments may impose stricter requirements but may not restrict state/federal government operations and may not set different retail requirements.
Phase 2 (Executive Order #141)
- Issued May 20, 2020 and becomes effective Friday, May 22.
- Remains in effect through at least Friday, June 26.
- State guidance on “Safer at Home” Phase 2
  - Phase 2 Frequently Asked Questions
  - Graphs and slides from the Phase 2 press conference
  - Governor’s announcement
  - NC DHHS guidance for various sectors
- Select provisions are listed below. For more detail about the executive order and other modifications, click here.
- The Stay at Home order is lifted, but people at high-risk are still encouraged to remain at home.
- Individuals are strongly encouraged to maintain social distancing.
- Worship, religious services, weddings, funerals, and other activities constituting the exercise of First Amendment rights are exempt from all provisions of the Order.
- Restaurants are allowed to operate for in-person dining, but are limited to 50% of their stated fire capacity. Restaurant workers are encouraged to wear masks.
- Personal care services, grooming, and tattoo businesses may reopen, but are limited to 50% of their stated fire capacity. Workers in these industries are required to wear masks.
- Indoor and outdoor pools may open, but are limited to 50% of stated fire capacity.
- Childcare facilities may open and serve all children, but are subject to certain limitations.
- Day camps and overnight camps are subject to certain limitations.
- Indoors, mass gatherings are limited to 10 people. Outdoors, mass gatherings are limited to 25 people.
- Playgrounds, fitness facilities and bars remain closed under the order.
- Entertainment and sporting events in large venues may occur, but subject to numerous restrictions.
Phase 2 – Extension (Executive Order #147)
- Issued June 24, 2020
- The Order contains two main provisions. First, Phase 2 of restrictions will be extended for three weeks until 5 p.m. on Friday, July 17, 2020. Second, the Order requires face coverings to be worn in most public settings. The face covering requirement becomes effective at 5 p.m. on Friday, June 26, 2020 and continues until 5 p.m. on Friday, July 17, 2020 unless repealed, extended or otherwise amended. Key provisions of the face covering requirement are as follows:
  - Face coverings must be worn in the following settings:
    1. Retail businesses. All workers when they are or may be within six feet of another person and all customers when they are inside and may be within six feet of other people.
    2. Restaurants. All workers when they are or may be within six feet of another person and all customers when not at their table.
    3. Personal care, grooming, and tattoo businesses. All workers when they are or may be within six feet of another person and all customers when they are inside and may be within six feet of other people (unless they are receiving services that require the face not be covered, such as shaving).
    4. Child care facilities and camps. All people when they are or may be within six feet of another person.
    5. State government. Agencies under the jurisdiction of the Governor must comply with the same requirements as retail businesses. Other State and local governments are encouraged to do so.
    6. Transportation. All workers and customers when they are or may be within six feet of another person. This applies to all public or private transportation (mass transit, airports, bus and train stations, taxis, ride-sharing services, etc.) other than people traveling with household members or friends in a personal vehicle.
    7. High-Density Occupational Setting Where Social Distancing is Difficult. All workers when they are or may be within six feet of another person. This applies to manufacturing, construction, and certain agricultural businesses.
    8. Meat or Poultry Processing plants. All workers when they are or may be within six feet of another person. These must be surgical masks, if available.
    9. Long-term care facilities. All workers when they are or may be within six feet of another person. These must be surgical masks, if available.
    10. Other health care settings. These facilities must follow CDC requirements.
  - Exceptions to the face covering requirement exist for the individuals that fall into one or more of the following groups. Individuals are not required to produce any proof that they fall into one of these categories. The Order encourages people to be truthful about whether they satisfy one of these conditions.
    1. Should not wear a face covering due to any medical or behavioral condition or disability (including, but not limited to, any person who has trouble breathing, or is unconscious or incapacitated, or is otherwise unable to put on or remove the face covering without assistance);
    2. Is under 11 years of age;
    3. Is actively eating or drinking;
    4. Is strenuously exercising;
    5. Is seeking to communicate with someone who is hearing-impaired in a way that requires the mouth to be visible;
    6. Is giving a speech for a broadcast or to an audience;
    7. Is working at home or is in a personal vehicle;
    8. Is temporarily removing his or her Face Covering to secure government or medical services or for identification purposes;
    9. Would be at risk from wearing a Face Covering at work, as determined by local, state, or federal regulations or workplace safety guidelines;
    10. Has found that his or her Face Covering is impeding visibility to operate equipment or a vehicle; or
    11. Is a child whose parent, guardian, or responsible person has been unable to place the Face Covering safely on the child’s face.
  - Enforcement of face covering requirements.
    1. Citations may be issued only to businesses or organizations that fail to enforce the requirement.
    2. Law enforcement is not authorized to enforce the requirement against individuals.
    3. Law enforcement may, however, enforce any other laws against an individual – such as trespassing if a business or organization refuses entry to an individual who refuses to wear a mask and the individual refuse to leave.
- In addition to these provisions, the Order also:
  - Directs the State Health Director to issue a standing order to allow individuals who meet DHHS criteria for testing to access and undergo testing for COVID-19.
  - Amends the restrictions related to long-term care facilities.
  - Extends the period in which the price-gouging laws apply until 5 p.m. on Friday, July 17, 2020.
- State resources:
Phase 2.5
- Issued September 1, 2020
- Becomes effective at 5 p.m, Friday, September 4, 2020 and lasts until 5 p.m. on Friday, October 2, 2020, unless otherwise adjusted.
- Key provisions of this Order include the following:
  - Gyms and other fitness facilities may open. These facilities must limit the number of participants (no more than 30% of stated fire capacity in indoor areas, subject to other restrictions), require face coverings of customers and workers, ensure social distancing, disinfect all equipment between users, and increase disinfection during peak times.
  - Museums and aquariums may open. These facilities must limit the number of participants (no more than 50% of stated fire capacity, subject to other restrictions), require face coverings of customers and workers, ensure social distancing, and perform frequent and routine environmental cleaning.
  - Mass gatherings. The limits on mass gatherings are increased to 25 people indoors and 50 people outdoors. For parks, trails, and beaches, these limits apply to the number of people within a single group.
  - Playgrounds may open. Indoor playgrounds must comply with the requirements for gyms and fitness facilities.
  - Drive-in events are not subject to mass gathering rules if participants all stay within their cars.
  - Bars and entertainment facilities (such as movie theaters, arcades, amusement parks, and pool halls) must remain closed. These types of facilities must remain closed even if they are located within an establishment that is allowed to open.
  - The period in which the price-gouging law remains in effect is extended until 5 p.m. on October 2,2020
- State Resources
Phase 3 (Executive Order #169)
- - Issued September 30, 2020
  - Becomes effective this Friday, October 2, at 5 p.m. and remains in effect until Friday, October 23, at 5 p.m. Key provisions of the order include the following:
    - Worship, religious, and spiritual gatherings; funeral ceremonies; wedding ceremonies; and other activities constituting the exercise of First Amendment rights are exempt from all the requirements of this Order.
    - Face coverings.
      - Face coverings continue to be required in all public places, businesses, and establishments where social distancing cannot be maintained. This applies to both indoor and outdoor activities.
      - Employers whose employees are not working from home must make a good faith effort to provide each employee with a week’s supply of reusable masks or a disposable mask daily.
      - Previous exceptions to the face covering requirement continue in place.
      - Law enforcement may not issue citations to individuals for failure to wear face coverings, but may issue citations to businesses for failing to enforce the requirement.
    - Amusement parks and amusement transportation. (Amusement transportation includes things like tour buses where the transportation is offered primarily for entertainment.)
      - Face coverings must be worn regardless of whether social distancing can be maintained.
      - Indoor rides must remain closed.
      - Capacity at an amusement park as a whole is limited to 30% of stated capacity.
      - Each ride or attraction at an amusement park and amusement transportation are limited to ensure enough space for social distancing and to ensure that members of different parties are not combined in the same vehicle.
      - The amusement park or transportation must comply with social distancing and cleaning guidelines.
    - Bars
      - Face coverings must be worn regardless of whether social distancing can be maintained.
      - May be open only for seated guests.
      - Indoor seating and amenities areas must be closed. Alcohol may not be served for consumption indoors.
      - Outdoor seating areas may be open, but capacity is limited to the lesser of 30% of the stated capacity or 100 people.
      - Must comply with social distancing and cleaning requirements.
    - Other night spots This includes lounges, music halls, auditoriums, arenas, etc. It does not include Very Large Outdoor Venues.
      - Face coverings must be worn regardless of whether social distancing can be maintained.
      - May be open only for seated guests.
      - Indoor seating is limited to 25 guests. Alcohol may not be served for consumption indoors.
      - Outdoor seating areas may be open, but capacity is limited to the lesser of 30% of the stated capacity or 100 people.
      - Must comply with social distancing and cleaning requirements.
    - The Phase 2.5 restrictions continue for child care facilities, overnight and day camps, government offices, museums and aquariums, pools, restaurants, retail businesses, transportation, personal care and grooming business, health care settings, and certain business involved in agriculture, manufacturing, and construction.
    - Fitness and physical activity facilities. This includes not only gyms and fitness centers, but bowling alleys, miniature golf, go-cart tracks, indoor playgrounds and paintball/laser tag facilities.
      - Face coverings must be worn regardless of whether social distancing can be maintained.
      - Capacity in indoor areas is limited to 30% of the stated fire capacity overall and capacity in any specific room is limited so that all individuals may maintain social distancing.
      - Capacity in outdoor areas is limited to 12 people per 1,000 square feet.
      - The capacity restrictions for “other night spots” discussed above apply to spectators at events at fitness and physical facilities that host spectators.
      - Must comply with social distancing and cleaning requirements.
    - Movie theaters, meeting facilities, and entertainment facilities. This includes bridge parlors, arcades, and bingo parlors.
      - Face coverings must be worn regardless of whether social distancing can be maintained.
      - The establishment must be a seated establishment for guests.
      - Capacity is limited to 30% of the stated fire capacity or 100 guests, whichever is lower.
      - Must comply with social distancing and cleaning requirements.
    - Parks must restrict access so that each group of guests is no larger than the mass gatherings limit (i.e. the total number of guests in a park may exceed the mass gathering limit, but each individual group of guests is subject to the limit).
    - Restrictions on the sale of alcohol for on-premises consumption continue. These sales are prohibited from 11 p.m. until 7 a.m.
    - Mass gathering limits remain at 25 people indoors and 50 people outdoors.
    - Events at Very Large Outdoor Facilities
      - A Very Large Outdoor Facility is one that satisfies all the following conditions:
        
        Guests are seated with assigned seats.
        
        The event occurs outdoors and the majority of Guests are seated outdoors.
        
        There are at least two separate entrances and at least two exits to the facility.
        
        The total seating capacity of the facility, before reductions under this Executive Order, is ten thousand (10,000) or more.
      - Face coverings must be worn regardless of whether social distancing can be maintained.
      - Capacity is limited to 7% of the total seating capacity of the facility.
      - The facility must have a plan to limit gathering in common areas in the facility and have workers in place to implement or enforce those plans.
      - Each group of guests must be separated from every other group of guests by at least six feet.
      - The facility operator must discourage gathering of guests before or after the event (i.e. tailgating).
    - The price gouging laws remain applicable while this Order is in effect.

Gov. Roy Cooper first announced his road map to reopen North Carolina April 15, 2020. The action plan included three main pillars in the path forward to easing distancing restrictions – testing, tracing and trends. In a statement, Gov. Cooper said that restrictions will be eased over a period of time, but there will have to be a “new normal” until there is a viable vaccine to prevent a second spike that could overwhelm hospitals.

NC Action Plan Resources

Press Release: Governor Cooper Shares Path Forward for North Carolina
Slide Deck: North Carolina Action Plan “Staying Ahead of the Curve”

News Clips

Raleigh News & Observer: NC Gov. Cooper: ‘Testing, tracing, trends’ need work before businesses, schools reopen
WFAE: Cooper: Progress Needed Before NC Coronavirus Restrictions Eased
WSOCTV: Loosening of stay-at-home restrictions will likely happen gradually, experts say
Triangle Business Journal: Gov. Roy Cooper envisions incremental transition to ‘new normal’ in North Carolina

MVA Public Affairs will continue to update this page as more information becomes available

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