Insights
Client Alert: Ohio Stay at Home Order – The Creation of a Dispute Resolution Commission
By Brian A. Coulter on April 10, 2020
On April 2, 2020, the Ohio Department of Health issued the Director’s Amended Stay at Home Order, which both extended and expanded upon Ohio’s preexisting stay-at-home directive issued on March 22, 2020. Among the changes in the Director’s Amended Stay at Home Order is the creation of a Dispute Resolution Commission, the members of which were appointed by the Director of the Ohio Department of Health, Dr. Amy Acton. Dr. Acton has appointed to the Dispute Resolution Commission Chairman Sam Randazzo (Chairman of the Public Utilities Commission of Ohio), Commissioner Lydia Mihalik (Director of the Ohio Developmental Services Agency), and Commissioner Sheryl Maxfield (Director of the Ohio Department of Commerce).
The purpose of the Commission is to resolve conflicting interpretations of the Order made by local health departments, including interpretations as to the types of businesses that constitute “Essential Businesses and Operations.” Such conflicts may be submitted to the Commission for resolution by the local health departments involved or by a business or person subject to the inconsistent determinations. A decision of the Commission is final and cannot be appealed.
Over the past several days, the Commission has reviewed disputes involving conflicting classifications of dog groomers, cannabidiol (“CBD”) retailers, and car washes. In Request Numbers OH001, OH002, OH003, and OH004, the Commission ruled that dog groomers are non-essential businesses, and ordered counties with differing interpretations of the Director’s Amended Stay at Home Order, including Mahoning County, to conform enforcement of the Order to the Commission’s opinion. In Request Number OH005, the Commission ruled that businesses which sell CBD products are also non-essential. In Request Numbers OH007, OH008, and OH009, the Commission ruled that car washes are essential so long as (1) employees have no direct interactions with customers, (2) employees do not hand-wash or hand-dry vehicles, (3) employees maintain social distancing and comply with other health measures described in the Order, and (4) the number of employees is limited to only those necessary to operate the business within the aforementioned parameters. Car washes that are under contract to provide services to first responders need only comply with the social distancing and other health measures described in the Director’s Amended Stay at Home Order.
Ohio businesses and/or health departments affected by conflicting interpretations of the Order may submit a Dispute Resolution Request Form to the Commission by completing the online form available here. The Commission seeks to resolve a conflict within 1-2 days of its submission, and the Commission’s decisions are effective within 48 hours of their entry unless they are suspended or modified by Dr. Acton.
The purpose of the Commission is to resolve conflicting interpretations of the Order made by local health departments, including interpretations as to the types of businesses that constitute “Essential Businesses and Operations.” Such conflicts may be submitted to the Commission for resolution by the local health departments involved or by a business or person subject to the inconsistent determinations. A decision of the Commission is final and cannot be appealed.
Over the past several days, the Commission has reviewed disputes involving conflicting classifications of dog groomers, cannabidiol (“CBD”) retailers, and car washes. In Request Numbers OH001, OH002, OH003, and OH004, the Commission ruled that dog groomers are non-essential businesses, and ordered counties with differing interpretations of the Director’s Amended Stay at Home Order, including Mahoning County, to conform enforcement of the Order to the Commission’s opinion. In Request Number OH005, the Commission ruled that businesses which sell CBD products are also non-essential. In Request Numbers OH007, OH008, and OH009, the Commission ruled that car washes are essential so long as (1) employees have no direct interactions with customers, (2) employees do not hand-wash or hand-dry vehicles, (3) employees maintain social distancing and comply with other health measures described in the Order, and (4) the number of employees is limited to only those necessary to operate the business within the aforementioned parameters. Car washes that are under contract to provide services to first responders need only comply with the social distancing and other health measures described in the Director’s Amended Stay at Home Order.
Ohio businesses and/or health departments affected by conflicting interpretations of the Order may submit a Dispute Resolution Request Form to the Commission by completing the online form available here. The Commission seeks to resolve a conflict within 1-2 days of its submission, and the Commission’s decisions are effective within 48 hours of their entry unless they are suspended or modified by Dr. Acton.
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