Governor Walz Issues Executive Order 21-11 Adjusting Limitations on Certain Activities and Taking Steps Forward

Governor Tim Walz, via Executive Order 21-11 issued March 12, 2021, lessened restrictions on social gatherings, restaurants/bars, and gyms in Minnesota.  Specifically, Governor Walz’s order does the following (most changes effective Monday, March 15, 2021, with some effective in late March or April as noted):

1. Social Gatherings
   1. Indoor social gatherings permitted, but limited to no more than 15 individuals. All individuals must maintain six feet of separation
   2. Outdoor social gatherings permitted, but limited to no more than 50 individuals. All individuals must maintain six feet of separation.
2. Workers & Businesses – General
   1. Until April 14, 2021 at 11:59 pm employees who can work from home must work from home. This is consistent with restrictions in place previously.
   2. Beginning April 14, 2021 at 11:59 pm employers are strongly encouraged to allow employees who can work from home to continue doing so, and to offer accommodation plans for at-risk employees and employees with at least one member of their household who is at risk and not yet vaccinated. This is a loosening of restrictions on businesses having employees in the office.
   3. All businesses are required to have the following:
      1. A Preparedness Plan (required since June 2020 for all businesses)
      2. Post signage requiring face coverings and social distancing in the business that is applicable to both employees and customers.
3. Barbershops, Salons, etc., (Establishments Offering Personal Care Services)
   1. Care services must limit the number of individuals inside to the number of individuals that can safely maintain a minimum of six feet of physical distance
   2. Face covering requirements continue.
4. Restaurants
   1. Establishments, such as bars, restaurants, cafes, breweries etc., offering food, beverages (including alcoholic beverages), or tobacco products for on-premises consumption may provide indoor and outdoor service if they adhere to the following requirements:
      1. Physical distancing of at least six feet between tables.
      2. No more than six customers may be seated at one table.
      3. For any indoor space, occupancy must not exceed 75% of normal capacity, and must not exceed 250 people total.
      4. For any outdoor space, occupancy is limited to the maximum that can safely maintain six-foot distance between tables, and maximum 250 people.
   2. Beginning March 31, 2021 at 11:59 pm, establishments with indoor space and sufficient normal occupant capacity may exceed 250 people indoors as long as the occupancy percentage does not exceed 75% of capacity. Total indoor capacity for seated establishments must not exceed 3,000 people.
   3. Beginning March 31, 2021 at 11:59 pm, establishments with outdoor space and sufficient normal capacity may exceed 250 people outdoors, but must not exceed 10,000 people.
   4. All establishments must close and remain closed each day for on-premises consumption between 11:00 pm and 4:00 am. Delivery, window, walk-up, and drive-up service may continue unlimited.

5. Public Pools
   1. Public pools must not exceed 50% of normal capacity and 250 people total.
   2. Beginning March 31, 2021 at 11:59 pm, indoor pool areas with sufficient normal occupancy capacity may exceed 250 people as long as they do not exceed 50% of normal capacity, or 1,500 people total.
   3. Beginning March 31, 2021 at 11:59 pm, outdoor pool areas with sufficient normal occupant capacity may exceed 250 people as long as they do not exceed 50% of normal capacity, or 10,000 people total.
   4. If a pool is located within a Place of Public Accommodation that has limited occupancy under this Executive Order or applicable industry guidance (i.e. a fitness center, etc) then occupants of the pool must also be counted as occupants of that Place of Public Accommodation.
6. Gyms & Fitness Centers
   1. Gymnasiums, fitness centers, recreation centers, indoor sports facilities, indoor climbing facilities, indoor and outdoor exercise facilities, martial arts facilities, and dance and exercise studios may be open in accordance with the following requirements:
      1. Occupancy of any indoor space and the entire facility may not exceed 50% of normal capacity or 250 people total.
      2. Beginning March 31, 2021 at 11:59 pm, indoor spaces with sufficient normal occupant capacity may exceed 250 people as long as they remain under the 50% threshold and do not exceed 1,500 people total.
      3. Physical distancing of at least six feet must be maintained.
      4. Face coverings must be worn at all times except when participating in activities that would involve soaking or submerging a face covering in water, such as swimming or showering.
      5. These guidelines apply to shared or communal facilities serving more than one household regardless of whether they are open to the public.

7. Entertainment Venues
   1. Venues, whether permanent or mobile, such as theaters, cinemas, concert halls, museums, stadiums, event and conference centers, fairs, festivals, etc, may be open in accordance with the following requirements:
      1. All venues must ensure physical distancing of at least six feet is maintained.
      2. All venues must ensure that face coverings are worn.
      3. Occupancy may not exceed 50% of regular capacity or 250 people total.
   2. Beginning March 31, 2021 at 11:59 pm, venues with indoor space and sufficient normal occupancy may exceed 250 people as long as the total does not exceed 50% of occupancy or 3,000 people for seated indoor venues and 1,500 for non-seated indoor venues.
   3. Beginning March 31, 2021 at 11:59 pm, venues with outdoor space and sufficient normal occupancy may exceed 250 people as long as the total does not exceed 50% of occupancy or 10,000 people total.
   4. Any venue offering food or beverage to be consumed on premises must not offer those services between the hours of 11:00 pm and 4:00 am each day, and must prohibit on-premises food and beverage consumption between those hours.
   5. Where applicable, venues are encouraged to offer drive-in or drive-through experiences, which are not subject to capacity limits or time limits on food and beverage service and consumption.

8. Travel Advisory
   1. The existing travel advisories remain in place.
   2. Persons arriving in Minnesota from other states or countries, including returning Minnesota residents, are strongly encouraged to follow the recommendations in MDH’s Quarantine Guidance.
   3. This recommendation does not apply to individuals who must cross state or country borders for work, study, medical care, or personal safety and security.

Virtus Law, PLLC continues to monitor changes in this area and will continue to post relevant updates to this website.