Guam’s Executive Orders Relating to COVID-19
Determining Whether You an “Essential Business” under Guam’s Executive Order
Multiple jurisdictions across the U.S. mainland are shutting down all nonessential businesses and activities with newly issued stay-at-home or shelter-in-place orders. Under these orders, no individuals may leave their houses to go to work unless they work at an “essential” business, except to maintain “minimum basic operations.”
On March 16, six counties in the Bay Area were some of the first in the United States to issue shelter-in-place orders (“Bay Area Orders”). All the Bay Area Orders are nearly identical and are considered the strictest measures of their kind in the continental United States. Since then, all 50 states have issued some form of quarantine or isolation orders, including the State of California, which issued an order substantially identical to the Bay Area Orders.
On March 19, the Governor of Guam issued a shelter-in-place order through Executive Order No. 2020-05: RELATIVE TO MANDATING SOCIAL ISOLATION, LIFTING RESTRICTIONS ON HEALTH CARE LICENSURE, AND CLARIFYING STATUS OF NON-ESSENTIAL GOVERNMENT OF GUAM OPERATIONS (“Guam Order”). There are key differences between the Guam Order and the orders established by jurisdictions in the US Mainland. The Bay Area Orders list 21 categories of essential businesses, whereas the Guam Order lists 20 of the same categories and adds hotels, rental car businesses and distributors. As jurisdictions in the U.S. mainland begin to expand their lists of essential businesses, at the time of this writing, Executive Order No. 2020-05 is considered one of the strictest orders implemented in the United States. More information regarding the social isolations mandates implemented across the U.S. Mainland and Guam can be found here, and Executive Orders issued by the Office of the Governor of Guam can be found here.
The Guam Order began at 12 o’clock noon on March 20, 2020 and was initially set to continue through March 30, 2020.
Under the Guam Order, all places of businesses and public accommodations shall remain closed and be prohibited from on-site operations unless they qualify as an “essential” business as defined in the Guam Order. According to the March 19, 2020 Social Isolation Directive Guidance, related to Guam Order, issued by Government of Guam Department of Public Health and Social Services Director Linda Unpingco Denorecey, the list of “essential” businesses includes:
1. Health care operations and “essential infrastructure.”
2. Grocery stores, certified farmers’ markets, farm and produce stands, supermarkets, food banks, convenience stores, and other establishments engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, pet supply, fresh meats, fish, and poultry, and any other household consumer products (such as cleaning and personal care products). This includes stores that sell groceries and also sell other non-grocery products and products necessary to maintaining the safety, sanitation, and essential operation of residences.
3. Food cultivation, including farming, livestock, and fishing.
4. Businesses that provide food, shelter, social services, and other necessities of life for economically disadvantaged or otherwise needy individuals.
5. Newspapers, television, radio, and other media services.
6. Gas stations and auto-supply, auto-repair, and related facilities.
7. Banks and related financial institutions.
8. Hardware stores.
9. Plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, “essential activities,” and “essential businesses.”
10. Businesses providing mailing and shipping services, including post office boxes.
11. Educational institutions—including public and private K-12 schools, colleges, and universities—for purposes of facilitating distance learning or performing essential functions, provided that social distancing of six feet per person is maintained to the greatest extent possible.
12. Laundromats, dry cleaners, and laundry service providers.
13. Restaurants and other facilities that prepare and serve food, but only for delivery or carry out. Schools and other entities that typically provide free food services to students or members of the public may continue to do so if the food is provided to students or members of the public for pick-up and takeaway only. Schools and other entities that provide food services under this exemption shall not permit the food to be eaten at the site where it is provided or at any other gathering site.
14. Businesses that supply products needed for people to work from home.
15. Businesses that supply other essential businesses with the support or supplies necessary to operate.
16. Businesses that ship or deliver groceries, food, goods, or services directly to residences.
17. Airlines, taxis, and other private transportation providers providing transportation services necessary for essential activities and other purposes expressly authorized.
18. Home-based care for seniors, adults, or children.
19. Residential facilities and shelters for seniors, adults, and children.
20. Professional services, such as legal or accounting services, when necessary to assist in compliance with legally mandated activities.
The Guam Order also permits hotels to continue limited operations to allow guests to stay in the facilities, but prohibits all non-essential operations, such as bars, ballrooms, fitness centers, and swimming pools. Vehicle rental business, as well as distributors, wholesalers, and providers to essential business are also permitted to operate.
Unlike the Bay Area Orders, the Guam Order does not permit nonessential business to remain open as long as employees are only performing “minimum basic operations” such as maintaining the value of business inventory, facilitating telework for employees to work from home, or providing security. Instead, all nonessential businesses must remain closed until the Guam Order is lifted. Under the Bay Area Orders, a violation of or failure to comply with the Orders is a misdemeanor punishable by fine, imprisonment, or both. Under the Guam Order, any business that refuses to comply with the Order may be subject to the revocation of its business license or other penalties as available in law or rule.
**Update as of March 24**
On March 24, the Governor issued Executive Order No. 2020-06 extending some of the social isolation mandates set forth in the Guam Order to April 13, 2020. This includes an extended closure of non-essential government offices and schools and prohibition on gatherings. The Executive Order also closes public parks and beaches through April 13 except for individual use subject to social distancing mandates. However, the Executive Order does not extend the prohibition from conducting on-site operations placed on non-essential businesses by Executive Order No. 2020-05. Therefore, it appears all businesses may resume conducting on-site operations starting April 1, 2020.