EXECUTIVE ORDER: 20-10

FOR: ENFORCEMENT DIRECTIVE REGARDING PROHIBITION OF IN-PERSON DINING IN RESPONSE TO THE CORONAVIRUS DISEASE 2019 EPIDEMIC

TO ALL WHOM THESE PRESENTS MAY COME, GREETINGS:

WHEREAS, on March, 6, 2020, I issued Executive Order 20-02 [20200311-IR-GOV200091EOA], which declared a public health emergency in the State of Indiana as a result of the novel (new) Coronavirus Disease 2019 (COVID-19) outbreak in Indiana, throughout the United States and worldwide;

WHEREAS, on March 13, 2020, the President of the United States declared COVID-19 to be a national emergency;

WHEREAS, to reduce and slow the spread of COVID-19, the Centers for Disease Control and Prevention (CDC) and the Indiana State Department of Health (ISDH) have recommended implementation of mitigation strategies to increase containment of the virus, including cancellation of large gatherings and social distancing in smaller gatherings;

WHEREAS, limitations on large gatherings and social distancing measures can prevent initial exposure and secondary transmission to our most vulnerable populations and are especially important for people who are over 60 years old or have chronic health conditions;

WHEREAS, on March 16, 2020, under Executive Order 20-04 [20200325-IR-GOV200175EOA], I ordered all "restaurants, bars, nightclubs and other establishments providing in-dining services . . . to close to in-person patrons through March 31, 2020, but these entities are authorized to provide drive-thru, take-out and delivery services";

WHEREAS, since March 16, 2020, certain establishments have continued to provide and allow in-dining service, notwithstanding the issuance of Executive Order 20-04 [20200325-IR-GOV200175EOA];

WHEREAS, in light of the above, it is necessary and proper to take further actions to protect the health, safety and welfare of all Hoosiers in connection with the continuing and evolving threat posed to public health by COVID-19;

WHEREAS, as Governor, under Indiana's Emergency Management and Disaster Law, Ind. Code Ch. 10-14-3, I have authority to employ any measure and give any direction to the state department of health or local boards of health as is reasonably necessary for securing compliance with this chapter and to take any action and give any direction to state and local law enforcement officers and agencies as may be reasonable and necessary for securing compliance with any orders made under this emergency law;

WHEREAS, the ISDH has authority under Title 16 of the Indiana Code to forbid public gatherings when considered necessary to prevent and stop epidemics and further has authority to issue an order condemning or abating conditions causative of disease;

WHEREAS, the ISDH and local boards of health have the authority to ensure owners or operators of retail food establishments immediately discontinue operations when circumstances may endanger public health;

WHEREAS, the Indiana Alcohol Tobacco Commission (ATC) has, among other things, regulatory authority over establishments that sell alcoholic beverages and which also provide in-dining services; and

WHEREAS, the ATC has the power to prohibit the sale of alcoholic beverages when it is necessary during a time of public emergency and further has the authority to declare a public nuisance where alcoholic beverages are kept for sale in violation of law;

NOW, THEREFORE, I, Eric J. Holcomb, by virtue of the authority vested in me as Governor by the Indiana Constitution and the laws of the State of Indiana, do hereby:

This Executive Order is a supplement to, and deemed to be part of, Executive Orders 20-02 [20200311-IR-GOV200091EOA] and 20-04 [20200325-IR-GOV200175EOA] and therefore, shall expire on March 31, 2020, unless further extended.

IT IS SO ORDERED.