Ice Miller LLP: Insights

Indiana’s “Stay At Home” Order in Response to COVID-19

Today on March 23, 2020, Governor Holcomb, issued a "Stay at Home" Order (“Order”) requiring all individuals residing in Indiana to remain at home unless they engage in essential activities, perform essential government functions, or operate essential businesses. These activities are specifically defined in the Order and are discussed below. The Order was enacted to prevent the further spread of COVID-19 (“coronavirus”) in Indiana and goes into effect from March 24, 2020 at 11:59 p.m. until April 6, 2020.

The Order requires individuals performing non-essential activities to remain at home and engage in social distancing practices, including keeping at least a six (6) feet distance from others and working remotely when possible. Gatherings of more than ten (10) people are prohibited, in accordance with the federal guidelines issued on March 16, 2020.

Residents are permitted to leave their homes for the following “essential” activities:

Health and Safety: Activities related to health and safety includes seeking emergency services, purchasing medical supplies or medication, and visiting a doctor or other health care professional.
Necessary Supplies and Services: Residents are allowed to leave their homes to obtain necessary supplies for themselves or others, which include but are not limited to, groceries, household consumer products, equipment they may need as a result of working from home, automobile supplies, and products necessary to maintain the safety, sanitation, and/or essential operation of homes or residences.
Outdoor Activity: As long as residents practice social distancing, they may go outdoors to exercise and visit public parks. However, public access playgrounds may increase spread of COVID-19, and therefore, shall be closed.
Take Care of Others: Residents may leave to take care of family members, pets, or friends in another household.
Engage in Essential Business Operations: Those who provide essential products and services, including but not limited to: health care, human services, essential government functions and infrastructure, are permitted to leave their homes for these purposes.

All businesses and operations, which are deemed “non-essential,” must cease all activities except to maintain minimum basic operations with appropriate social distancing practices. Minimum basic operations include activities to maintain the value of inventory, preserve the condition of a physical plant and equipment, maintain security of the premises, and process payroll and employee benefits.

However, non-essential entities that may continue their business remotely, including home-based businesses, can continue to operate.

The Order specifically defines which types of businesses are considered essential, including Health Care and Public Health Operations, Human Services Operations, Essential Government Functions, and Essential Infrastructure. Essential businesses include the following:

Stores that Sell Groceries and Medicine
Food and Beverage and Agricultural
Organizations that Provide Charitable and Social Services
Religious Entities
Media
Gas Stations and Businesses Needed for Transportation
Financial and Insurance Institutions
Hardware and Supply Stores
Critical Trades
Mail, Post, Shipping, Logistics, Delivery, and Pick-up Services
Educational Institutions
Laundry Services
Restaurants for Consumption Off-Premises
Supplies to Work from Home
Supplies for Essential Businesses and Operations
Transportation (Taxis, Uber/Lyft, Commercial Transportation, Logistics Providers)
Home-Based Care and Services (Adults, Seniors, Children, Caregivers and Nannies)
Residential Facilities and Shelters
Professional Services (Legal, Accounting, Insurance and Real Estate Services)
Manufacturing, Distribution, and Supply Chain for Critical Products and Industries
Critical Labor Union Functions
Hotels and Motels
Funeral Services

Indiana will open a call center to field industry questions about Governor Eric J. Holcomb’s Executive Order 20-08. The Critical Industries Hotline will open Tuesday at 9 a.m. to help guide businesses and industries with the executive order. This center, reachable by calling 877-820-0890 or by emailing covidresponse@iedc.in.gov, is for business and industry questions only.

The Stay at Home order is available here: Indiana Stay at Home Order, and the FAQs published by Governor Holcomb’s team are available here: FAQs. To stay up to date with the latest laws and orders, please visit Ice Miller’s COVID-19 Resource Center, available here: https://www.icemiller.com/landing-pages/coronavirus-(covid-19)-resource-center/.

In addition, Governor Holcomb announced 3 additional executive orders, which are available here: Executive Order 20-09 (related to the Continuity of Government Operations), Executive Order 20-10 (Enforcement of In-Dining Prohibition), and Executive Order 20-11 (Carry-Out Consumption of Alcohol).

Ice Miller LLP attorneys can recommend measures your business should implement to minimize legal risk and respond effectively to executive orders and laws enacted relating to COVID-19. For further information, please contact the Ice Miller COVID-19 Task Force for more information and guidance.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader’s specific circumstances.