Maryland Enters Phase Two: Non-Essential Retail Reopens with Restrictions


Maryland Governor Larry Hogan has signed a new Executive Order allowing the reopening of more workplaces and non-essential businesses, subject to limitations and local regulation.

These changes, effective June 5, 2020, signal the beginning of phase two of the Governor’s Maryland Strong: Roadmap to Recovery. (See our articles, Maryland Governor Outlines Phased Reopening Plan Post-COVID-19 Shutdown and Maryland Begins to Gradually Reopen Its Economy.)

Businesses That Can Reopen

In general, the Order allows businesses that are not part of the critical infrastructure sectors, which were previously prohibited from opening, to reopen. (Businesses that are part of the critical infrastructure sectors are identified by the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency in the CISA Memo.)

The Order also allows the following specific businesses, which were previously prohibited from opening, to reopen:

Several other businesses were allowed to reopen in recent weeks, including the following:

Operational Guidelines for All Businesses Permitted to Open

Pursuant to the Order and consistent with the Governor’s previous orders, the above types of reopened businesses, organizations, establishments, and facilities:

  1. Must comply with applicable social distancing guidelines; and

  2. May require their customers over the age of two, visitors over the age of two, or staff to wear face coverings and, if so, must post signage at each entrance advising customers, visitors, or staff about its face covering requirement.

Retail establishments that were open during the Stay-At-Home Order (i.e., grocery stores, pharmacies, liquor stores, public transportation, and restaurants serving take-out) must continue to comply with the Governor’s April 15, 2020, Executive Order requiring face coverings and physical distancing measures. (For details, see our article, Maryland Mandates Face Coverings at Retail Stores, On Public Transportation under COVID-19 Emergency.)

Businesses That Must Remain Closed

Despite the lifting of several restrictions, many businesses must remain closed.

These businesses include:

Staff and owners at these closed businesses can continue to be on-site to conduct minimal operations, such as facilitating remote work by other staff, maintaining essential property, preventing loss of or damage to property, performing essential administrative function, and caring for live animals.

Additionally, social, community, recreational, leisure, and sporting gatherings and events of more than 10 people remain prohibited.

Flexibility for Local Jurisdictions

As with phase one, the Order provides a flexible and community-based approach to reopening, which allows county leaders to make decisions on the timing of reopening in their individual jurisdictions.

The following jurisdictions in Maryland are not following the Governor’s phase two reopening plan at this time:


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National Law Review, Volume X, Number 162