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O.larol
ina
ROY COOPER
GOVERNOR
January
27, 2021
EXECUTIVE ORDER
NO
. 189
FURTHER EXTENSION
OF
THE MODIFIED ST A Y AT HOME
ORD
ER
WHEREAS,
on
March 10, 2020, the undersigned issued E
xe
cutive Order No. 116 which
declared a State of Emergency to
coo
rdinate the stat
e's
r
es
pon
se
and protective ac
ti
ons to a
ddr
ess
the
Co
ron
av
irus Disease 2019 ("COVID-19") public health e
merg
ency and provi
de
for the h
ea
lth,
safety, and
we
lf
ar
e
of
residents a
nd
visitors located in North
Ca
rolina;
an
d
WHEREAS,
on
March
11
, 2020, the
Wo
rld Health Organization declared COVID-1 9 a
global pandemic; and
WHEREAS,
on
Mar
ch
13, 2020, the President
of
the United Stat
es
issued an emergency
declara
ti
on for all states, trib
es
, territo
ri
es, and the District
of
Columbia, retroactive to
Ma
rch 1,
20
20, and the
Pr
es
ident declared that the
COV
ID-1 9 pandemic in the United States constitut
es
a
national emer
ge
ncy; and
WHEREAS,
on
March 25, 2020, the Pr
es
ident a
ppro
ved a Major Disaster Declaration,
FE
MA-4487-DR, for the
St
ate of North
Ca
rolina; a
nd
WHEREAS, in responding to the COVID-1 9 pa
nd
emic, and for the purp
ose
of
prot
ec
ting
the health, s
af
ety, and
we
lfare of the people
of
No
rth
Ca
rolina, the undersigned h
as
issued
Exec
utive Order
Nos
.116
-122, 1
24
-1
25, 1
29
-1
31, 133
-1
36, 138-144, 146-153, 155
-1
57, 161-165,
169-173, 176-177, 180-181, 183-185, and 188; and
WHEREAS, the undersigned has taken a science and
da
ta-driven approach to
implementing public
hea
lth measures to curb the spread
of
the virus and to advance the state's
economy in a safe and
eff
ecti
ve
wa
y, which is in the best interests of all North Carolinians; and
WHEREAS,
on
Septe
mb
er 30, 2020, the undersigned i
ss
ued
Exe
cuti
ve
Order
No
. 169,
which transitioned the state into
Ph
ase 3 of its
COV
ID-19 r
es
ponse; and
WHEREAS, concerning trends then led the undersigned to impleme
nt
further public
h
ea
lth meas
ur
es, including a more protective numeri
ca
l limit
on
indoor
ga
therings, requiring
Fa
ce
Cove
rin
gs
in additional settings, requiring
ni
ght-time cl
os
ure to the public for
ce
rtain businesses
and activities, and directing that all North Carolinians stay at
home
, with exceptions, bet
wee
n the
hours
of
10
:00 pm and 5: 00
am
every day; and
WHEREAS, these provisions are part
of
Executive
Or
der
No
. 181 (
th
e "
Mo
dified
Sta
y at
Home Order"), which was extended by Executive Order No.
18
8; and
Continuing Dangers from COVID-19; Importance
of
Statewide Vaccination Efforts
WHEREAS, over recent days in North Carolina, due to the measures taken to-date by the
undersigned and due to the resilience and persistence
of
all North Carolinians, there have been
modest improvements in some
of
the state's key COVID-19 metrics, relative to recent weeks; and
WHEREAS, specifically, as
of
the date
of
this Executive Order, the state is experiencing
a sustained leveling
of
COVID-19 daily diagnoses, and a sustained slight decline in the percent
of
total COVID-19 tests that are positives and the number
of
COVID-19-associated hospitalizations
relative to its peak a few weeks earlier; and
WHEREAS, despite these modest and recent improvements to certain
of
the state's key
COVID-19 metrics relative to recent weeks, COVID-19 remains a serious threat to North Carolina
communities, as evidenced by the fact that between January 3, 2021 and January 16, 2021, ninety-
nine
of
North Carolina's one hundred counties were experiencing "substantial (orange)"
or
"critical (red)" COVID-19 community spread, according to the County Alert System developed
by the North Carolina Department
of
Health and Human Services ('"NCDHHS"), which evaluates
a county's COVID-19 case counts, percent positives, and hospital capacity; and
WHEREAS, despite the modest and recent improvements to certain
of
the state's key
COVID-19 metrics relative to recent weeks, the number
of
daily COVID-19 cases, the percent
of
total COVID-19 tests that are positive, the number
of
COVID-19 associated hospitalizations, and
the number
of
daily deaths attributable to COVID-19 remain at troublingly elevated levels; and
WHEREAS, while the recent changes to the above metrics may provide cause for
optimism in the ongoing battle against the virus, the impacts
of
a new variant
of
COVID-19,
recently detected in North Carolina, remain yet unseen; and
WHEREAS, COVID-19 continues to extract an unprecedented toll
on
human life in North
Carolina; and
WHEREAS, more than seven hundred thirty-three thousand (733,000) people in North
Carolina have had COVID-19, and more than eight thousand nine hundred (8,900) people in North
Carolina have died from the disease; and
WHEREAS, as
of
the date
of
this Executive Order, the undersigned and his administration
are engaged in robust vaccination efforts to distribute the state's allocated supply
of
FDA-
authorized vaccines to North Carolinians, according to a priority order which takes into account
an individual's age, their front-line exposure to the virus, and other risk factors as identified by
public health experts; and
WHEREAS, while the undersigned has marshalled all state resources towards accelerating
the state's vaccination efforts, the current supply
of
the vaccine, as allocated by the federal
government, is not enough to meet demand, and as
of
the date
of
this Executive Order the amount
of
vaccines administered to North Carolinians is not enough to provide widespread immunity in
the near-term; and
WHEREAS, until enough North Carolinians are vaccinated
or
otherwise become immune
to this devastating disease, COVID-19 will continue to cause devastating illness and death; and
WHEREAS, in light
of
the continuing dangers posed by COVID-19, and the need for the
state's vaccination efforts to continue apace, it remains necessary to continue the measures
of
the
Modified Stay at Home Order to protect the lives
of
North Carolinians, to avoid further strain on
the state's health care system capacity and other health care resources across the state; and
Continued Closure
of
Bars for Indoor Consumption
WHEREAS, in previous executive orders, the undersigned has ordered certain restrictions
on bars, closing indoor areas for on-site consumption, but allowing for the limited operation
of
bars' outdoor areas, as well as enabling the sale
of
mixed beverages for off-premise consumption
("'drinks to-go"), in an effort to provide an avenue for additional revenue for these establishments;
and
WHEREAS, in Bars (as defined in Executive Order No. 181), people's risk
of
spreading
COVID-19 is higher for many reasons, including because people traditionally engage in activities
in Bars that result in increased respiratory effort, because people traditionally mingle in Bars and
are in close physical contact for an extended period
of
time, and because people are less cautious
when they drink alcoholic beverages; and
WHEREAS, these risks are mitigated, although not eliminated, in outdoor spaces where
air circulates freely; and
WHEREAS, regression analyses have shown that new COVID-19 infections surge after
Bars are reopened, and the rate
of
new COVID-19 infections falls when Bars are closed; and
WHEREAS, moreover, a statistical analysis
of
University
of
Wisconsin students
determined that a predictor
of
whether a dormitory would have a high infection rate was how
geographically close that dormitory was to the
town's
collection
of
Bars; and
WHEREAS, moreover, a Washington Post study
of
cellphone location data determined
that, following Bar reopening, the level
of
foot traffic in Bars had a statistically significant
relationship with the level
of
increase in COVID-19 cases in the following weeks; and
WHEREAS, across the country, COVID-19 spread has been repeatedly linked to Bars,
including, for example, incidents where 200 cases were linked to an East Lansing, Michigan Bar,
100 cases were linked to a Baton Rouge, Louisiana Bar outbreak,
73
cases were linked to a single
Bar in St. Cloud, Minnesota, and 20 cases were linked to a Washington State karaoke Bar even
though it used extensive social distancing measures; and
WHEREAS, an analysis
of
exposures among people with known COVID-19 showed that
people with COVID-19 were four times as likely to have gone to a
Bar
than those without known
COVID-19; and
WHEREAS, there is now emerging evidence that a new variant
of
the coronavirus,
recently detected in North Carolina, is more transmissible and may lead to increased disease
severity; and
WHEREAS, therefore, in light
of
the evidence
of
heightened risk for the transmission
of
COVID-19 posed in the indoor areas
of
Bars, as outlined herein and in the undersigned's previous
executive orders, it remains reasonable and necessary to continue the temporary closure
of
Bars
for indoor consumption for the duration
of
this Executive Order; and
Statutory Authority and Determinations
WHEREAS, Executive Order No. 116 invoked the Emergency Management Act, and
authorizes the undersigned to exercise the powers and duties set forth therein to direct and aid in
the response to, recovery from, and mitigation against emergencies; and
WHEREAS, pursuant to N.C. Gen.
Stat.§
166A-19.I0(b)(2), the undersigned may make,
amend,
or
rescind necessary orders, rules, and regulations within the limits
of
the authority
conferred upon the Governor in the Emergency Management Act; and
WHEREAS, N.C. Gen. Stat.
§ 166A-19.I0(b)(3) authorizes and empowers the
undersigned to delegate Gubernatorial vested authority under the Emergency Management Act
and to provide for the sub-delegation
of
that authority; and
WHEREAS, pursuant to N.C. Gen.
Stat.§
166A-19.12(3)(e), the Division
of
Emergency
Management must coordinate with the State Health Director to revise the North Carolina
Emergency Operations Plan as conditions change, including making revisions to set "the
appropriate conditions for quarantine and isolation in order to prevent the further transmission
of
disease," and following this coordination, the Emergency Management Director and the State
Health Director have recommended that the Governor develop and order the plan and actions
identified in this Executive Order; and
WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.23 in conjunction with N.C. Gen. Stat.
§§
75-37 and 75-38, the undersigned may issue a declaration that shall trigger the prohibitions
against excessive pricing during states
of
disaster, states
of
emergency or abnormal market
disruptions; and
WHEREAS, pursuant
to
N.C. Gen. Stat.§ 166A-l 9.30(a)(l), the undersigned may utilize
all available state resources
as
reasonably necessary
to
cope with an emergency, including the
transfer and direction
of
personnel or functions
of
state agencies or units thereof for the purpose
of
performing or facilitating emergency services; and
WHEREAS, pursuant to N.C. Gen. Stat. § l 66A-l 9.30(a)(2), the undersigned may take
such action and give such directions to state and local law enforcement officers and agencies as
may be reasonable and necessary for the purpose
of
securing compliance with the provisions
of
the Emergency Management Act and with the orders, rules, and regulations made thereunder; and
WHEREAS, although the NCDHHS County Alert system has identified certain counties
as having higher levels
of
community transmission in recent data, the professionals delegated the
responsibility to maintain the County Alert system have determined that every county has a
dangerous rate
of
community transmission
of
the virus - reflected in every county in the state
being rated at least at "significant (yellow)" risk and all counties but one rated at or above the next
level
of
"substantial" (orange) risk; and
WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.30(c)(i), the undersigned has
determined that local control
of
the emergency is insufficient to assure adequate protection for
lives and property
of
North Carolinians because not all local authorities have enacted such
appropriate ordinances or issued such appropriate declarations restricting the operation
of
businesses and limiting person-to-person contact, thus needed control cannot be imposed locally;
and
WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.30(c)(ii), the undersigned has
determined that local control
of
the emergency is insufficient to assure adequate protection for
lives and property
of
North Carolinians because some but not all local authorities have taken
implementing steps under such ordinances or declarations,
if
enacted or declared, in order
to
effectuate control over the emergency that has arisen; and
WHEREAS, pursuant to N.C. Gen. Stat. § 166A-l 9.30(c)(iii), the undersigned has
determined that local control
of
the emergency is insufficient to assure adequate protection for
lives and property
of
North Carolinians because the area
in
which the emergency exists spreads
across local jurisdictional boundaries and the legal control measures
of
the jurisdictions are
conflicting or uncoordinated to the extent that efforts
to
protect life and property are, or
unquestionably will be, severely hampered; and
WHEREAS, pursuant
to
N.C. Gen. Stat. § 166A-19.30(c)(iv), the undersigned has
determined that local control
of
the emergency is insufficient
to
assure adequate protection
of
lives
and property
of
North Carolinians because the scale
of
the emergency is so great that it exceeds
the capability
of
local authorities
to
cope with it; and
WHEREAS, N.C. Gen. Stat.§ 166A-19.30(c)
in
conjunction with N.C. Gen. Stat.§ 166A-
l 9
.31
(b
)(I)
authorizes the undersigned to prohibit and restrict the movement
of
people in public
places; and
WHEREAS, N.C. Gen. Stat.§ 166A-19.30(c)
in
conjunction with N.C. Gen. Stat.§ 166A-
19.3l(b)(l)(a) authorizes the undersigned to impose a curfew; and
WHEREAS, N.C. Gen. Stat.§ 166A-19.30(c)
in
conjunction with N.C. Gen. Stat.§ 166A-
19
.31
(b
)(I)(
d) authorizes the undersigned to control the movement
of
persons within the
emergency area; and
WHEREAS, N.C. Gen. Stat.§ 166A-l 9.30(c)
in
conjunction with N.C. Gen. Stat.§ 166A-
19
.31
(b )(2) authorizes the undersigned
to
prohibit and restrict the operation
of
offices, business
establishments, and other places
to
and from which people may travel or at which they may
congregate; and
WHEREAS, N.C. Gen. Stat.§ 166A-l 9.30(c)
in
conjunction with N.C. Gen. Stat.§ 166A-
19.3l(b)(3) authorizes the undersigned to restrict the possession, transportation, sale, purchase,
and consumption
of
alcoholic beverages; and
WHEREAS, N.C. Gen. Stat.§ 166A-19.30(c)
in
conjunction with N.C. Gen. Stat.§ 166A-
19.3l(b)(5) authorizes the undersigned to prohibit and restrict other activities or conditions, the
control
of
which may be reasonably necessary to maintain order and protect lives or property
during a state
of
emergency; and
WHEREAS, pursuant
to
N.C. Gen. Stat. § 166A-l 9.30(c)(l), when the undersigned
imposes the prohibitions and restrictions enumerated in N.C. Gen.
Stat.§
166A-19.3l(b), the
undersigned may amend or rescind the prohibitions and restrictions imposed
by
local authorities.
NOW, THEREFORE,
by
the authority vested
in
me as Governor
by
the Constitution and
the laws
of
the State
of
North Carolina, and for the reasons and pursuant to the authority set forth
above and in Executive Order Nos.
181
and 188, IT
IS
ORDERED:
Section
1.
Extension
of
the Modified Stay at Home Order.
Executive Order No.
181
(including, for avoidance
of
doubt, those amendments made by
Executive Order No.
183
and those provisions
of
Executive Order No.
141
which were
incorporated into, and extended by, Executive Order No. 181) shall remain in effect until 5 :00 pm
on February 28, 2021. The effective date provision
of
Executive Order No.
181
is amended to
have that order continue in effect through the above-listed time and date.
Section 2. Extension
of
Price Gouging Period.
For the reasons and pursuant to the authority set forth above, the undersigned orders as follows:
Pursuant to N.C. Gen. Stat. § I 66A-l 9.23, the undersigned extends the prohibition against
excessive pricing, as provided in N.C. Gen. Stat.
§§
75-37 and 75-38, from the issuance
of
Executive Order No. 116 through 5:00 pm on February 28, 2021.
The undersigned further hereby encourages the North Carolina Attorney General to use all
resources available to monitor reports
of
abusive trade practices towards consumers and make
readily available opportunities to report
to
the public any price gouging and unfair or deceptive
trade practices under Chapter
75
of
the North Carolina General Statutes.
Section 3. No Private Right
of
Action.
This Executive Order is not intended to create, and does not create, any individual right,
privilege, or benefit, whether substantive or procedural, enforceable at law or in equity by any
party against the State
of
North Carolina, its agencies, departments, political subdivisions, or other
entities, or any officers, employees, or agents thereof, or any emergency management worker (as
defined in N.C. Gen. Stat.§ 166A-l 9.60) or any other person.
Section 4. Savings Clause.
If
any provision
of
this Executive Order or its application to any person or circumstances
is held invalid
by
any court
of
competent jurisdiction, this invalidity does not affect any other
provision or application
of
this Executive Order, which can be given effect without the invalid
provision or application. To achieve this purpose, the provisions
of
this Executive Order are
declared to be severable.
Section
5.
Distribution.
I hereby order that this Executive Order be: (
1)
distributed to the news media and other
organizations calculated to bring its contents to the attention
of
the general public; (2) promptly
filed with the Secretary
of
the North Carolina Department
of
Public Safety, the Secretary
of
State,
and the superior court clerks in the counties to which it applies, unless the circumstances
of
the
State
of
Emergency would prevent or impede such filing; and (3) distributed to others as necessary
to ensure proper implementation
of
this Executive Order.
Section 6. Enforcement.
6.1. Pursuant to N.C. Gen.
Stat.§
166A-19.30(a)(2), the provisions
of
this Executive Order
shall be enforced by state and local law enforcement officers.
6.2. A violation
of
this Executive Order may be subject to prosecution pursuant to N.C. Gen.
Stat.§
l
66A-l
9.30(d), and is punishable as a Class 2 misdemeanor in accordance with N.C.
Gen. Stat. § l 4-288.20A. Local governments are specifically authorized and encouraged
to adopt ordinances that provide law enforcement officials with flexibility to use civil,
rather than criminal, penalties to enforce violations
of
this Executive Order.
6.3. Nothing in this Executive Order shall be construed to preempt or overrule a court order
regarding
an
individual' s conduct (e.g., a Domestic Violence Protection Order or similar
orders limiting an individual's access to a particular place).
Section 7. Effective Date.
This Executive Order is effective January 29, 2021, at 5 :00 pm. This Executive Order shall
remain in effect through 5:00
pm
on February 28, 2021 unless repealed, replaced,
or
rescinded by
another applicable Executive Order. An Executive Order rescinding the Declaration
of
the State
of
Emergency will automatically rescind this Executive Order.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal
of
the State
of
North Carolina at the Capitol in the City
of
Raleigh, this 27
th
day
of
January in the
year
of
our Lord two thousand and twenty-one.
ATTEST:
~J,~
Elaine F.
Mahall
Secretary
of
State
