Executive Order 53

Governor Ralph Northam has issued Executive Order 53, which shuts down Virginia businesses. I’m fine with a few, temporary safety measures, but this goes too far.

The Executive Order has nine sections. The first section outlines the dates; from Tuesday March 24 at 11:59pm to Thursday April 23 at 11:59pm, one month.

Section 2 closes schools, but localities have already closed school for two weeks and were likely to extend that closure on their own. So no real change there.

Sections 3 to 6 offer the biggest changes. Section 3 closes restaurants’ dining rooms, but take-out is still open. Prayers up for all the waitresses and waiters, bus boys and hostesses.

Below are Sections 4 through 6 in their entirety, and linked here

4. Closure of all public access to recreational and entertainment businesses, effective
11:59 p.m., Tuesday, March 24, 2020 until 11:59 p.m., Thursday, April 23, 2020
as set forth below:
 Theaters, performing arts centers, concert venues, museums, and other
indoor entertainment centers;
 Fitness centers, gymnasiums, recreation centers, indoor sports facilities,
and indoor exercise facilities;
 Beauty salons, barbershops, spas, massage parlors, tanning salons, tattoo
shops, and any other location where personal care or personal grooming
services are performed that would not allow compliance with social
distancing guidelines to remain six feet apart;
 Racetracks and historic horse racing facilities; and
 Bowling alleys, skating rinks, arcades, amusement parks, trampoline
parks, fairs, arts and craft facilities, aquariums, zoos, escape rooms, indoor
shooting ranges, public and private social clubs, and all other places of
indoor public amusement.

5. Essential retail businesses may remain open during their normal business hours.
Such businesses are:
 Grocery stores, pharmacies, and other retailers that sell food and beverage
products or pharmacy products, including dollar stores, and department
stores with grocery or pharmacy operations;
 Medical, laboratory, and vision supply retailers;
 Electronic retailers that sell or service cell phones, computers, tablets, and
other communications technology;
 Automotive parts, accessories, and tire retailers as well as automotive
repair facilities;
 Home improvement, hardware, building material, and building supply
retailers;
 Lawn and garden equipment retailers;
 Beer, wine, and liquor stores;
 Retail functions of gas stations and convenience stores;
 Retail located within healthcare facilities;
 Banks and other financial institutions with retail functions;
 Pet and feed stores;
 Printing and office supply stores; and
 Laundromats and dry cleaners.

6. Effective 11:59 p.m., Tuesday, March 24, 2020 until 11:59 p.m., Thursday, April
23, 2020, any brick and mortar retail business not listed in paragraph 5 may
continue to operate but must limit all in-person shopping to no more than 10
patrons per establishment. If any such business cannot adhere to the 10 patron
limit with proper social distancing requirements, it must close.

Those sections go too far. The government cannot and should not have the power to shut down private business like this. The idea is troubling. Yes, the concern is real, but this is not the right solution. And the 10 person limit is so arbitrary. Why not 11, why not 9? What’s the science behind 10, other then it being a nice round number?

The right role for the state government right now is to mobilize government resources and shut down government offices to the extent those departments need, such as hospital funding programs and closing schools, with local governments making the call on school closures. Beyond that, the government needs to lead with tax breaks and advocacy, such as the delay in tax collection we’ve already seen announced and social distancing campaigns that the government has done well promoting. Forcing a business to shut down is too much.

People are getting the social distance campaign and they are following it. Businesses are already shifting to temporary work from home status for employees. Retailers are adjusting as they can. People are staying home, this Order goes too far because we don’t need to be told this with the enforcement of any government authority, we already get it.

Having the government issue this one-size-fits-all approach for the private sector is the opposite reason why the private sector works so well; diverse innovation from a diverse business sector allows business to flourish.

Mobilizing government resources and leading by example is the governor’s best option. Stay home, wash your hands, limit your grocery store trips. Work from home if you can, and if you can’t then please practice safe measures. We can get through this without the government’s force.

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