50 percent capacity restriction to lift for some businesses June 12

DES MOINES, Iowa (KCRG) - Gov. Reynolds announced, during her Wednesday press conference, that she’s lifting the 50 percent capacity restriction for some businesses effective June 12 at 8 a.m.

Reynolds said certain businesses such as restaurants, bars and theaters will no longer have to adhere to the 50 percent capacity restriction, but will still need to maintain the 6-feet social distancing requirement.

“Eliminating the capacity restrictions will allow businesses the flexibility to adjust their specific operations accordingly to best fit the needs of their employees and customers," Reynolds said.

She also said establishments will need to implement reasonable measures to ensure social distancing, increase hygiene practices and other public health measures to prevent the further spread of COVID-19.

Swimming pools may also open under the same guidelines. Senior centers and adult day care programs may also open if they comply with specific guidance from the department of public health.

“These changes are a result of the positive forward momentum that we are generating in Iowa,” Reynolds said.

The state is continuing to expand its testing efforts by opening more TestIowa sites, in addition to the five sites that will be open by the end of this week.

See the full proclamation in its entirety here andsubstantive information can be found below:

WHEREAS, the World Health Organization has reportedan outbreak of thousands of cases of Novel Coronavirus 2019 (COVID-19) inmultiple countries, causing illness and deaths; and

WHEREAS, on January 31, 2020, the United StatesDepartment of Health and Human Services declared a national public healthemergency; and

WHEREAS, on March 9, 2020, a Proclamation ofDisaster Emergency was issued to coordinate the State of Iowa’s response tothis outbreak and such disaster continues to exist; and

WHEREAS, on March 11, 2020 the World HealthOrganization declared the COVID-19 outbreak a global pandemic; and

WHEREAS, on March 13, 2020, President Donald J.Trump issued a proclamation declaring that the COVID-19 outbreak in the UnitedStates constitutes a national emergency; and

WHEREAS, on March 17, 2020, a Proclamation of PublicHealth Disaster Emergency was issued to provide additional needed resources andmeasures to respond to this disaster, and such public health disaster continuesto exist; and

WHEREAS, the risk of transmission of COVID-19 may be substantially reduced bycontinuing to ensure business takes appropriate public health precautions while reopening.

NOW THEREFORE, I, KIMBERLY K. REYNOLDS, Governorof the State of Iowa, by the power and authority vested in me by the IowaConstitution, Art. IV, §§ 1, 8 and Iowa Code §§ 29C.6(1), 135.140(6), and135.144 do hereby proclaim a STATE OF PUBLIC HEALTH DISASTER EMERGENCY continues to existthroughout the entire state of Iowa and do hereby ORDER and DIRECT the following: PROTECTION OF VULNERABLE IOWANS

SECTION One. I continue to strongly encourage allvulnerable Iowans, including those with preexisting medical conditions and thoseolder than 65, in all counties of the state to continue to limit theiractivities outside of their home, including their visits to businesses andother establishments and their participation in gatherings of any size and anypurpose. And I encourage all Iowans to limit their in-person interactions withvulnerable Iowans and to exercise particular care and caution when engaging inany necessary interactions.

REOPENING OF BUSINESSESAND ESTABLISHMENTSSECTION Two. Pursuant to Iowa Code § 135.144 (3), and inconjunction with the Iowa Department of Public Health, unless otherwisemodified by subsequent proclamation or order of the Iowa Department of PublicHealth, I hereby order that effective at 8:00 a.m. on June 12, 2020 and until11:59 p.m. on June 25, 2020:

A. Restaurants and bars: Arestaurant or bar, including a wedding reception venue, winery, brewery,distillery, country club, or other social or fraternal club, may reopen orremain open to serve food and beverages on its premises, but only to the extentthat it complies with the following requirements:

(1) Social distancing: The establishment must ensure at least six feet of physical distancebetween each group or individual dining or drinking alone. Seating at boothscloser than six feet may satisfy this requirement if the booths are separatedby a barrier of a sufficient height to fully separate seated customers. Allpatrons must have a seat at a table or bar, and an establishment must limitpatrons from congregating together closer than six feet.

(2) Other social distancing,hygiene, and public health measures: The restaurant shallalso implement reasonable measures under the circumstances of each restaurantto ensure social distancing of employees and customers, increased hygienepractices, and other public health measures to reduce the risk of transmissionof COVID-19 consistent with guidance issued by the Iowa Department ofInspections and Appeals and the Iowa Department of Public Health.

B. Fitness centers: A fitness center, healthclub, health spa, or gym may reopen or remain open, but only to the extent thatit complies with the following requirements:(1) Social distancing: The establishment must ensure that all equipment, such as treadmills,bikes, weight machines, benches, and power racks, are spaced at least six feetapart or take other appropriate measures to ensure that more closely spacedequipment is not used.

(2) Group activities: Any group activities or classes must be limited to a number of peoplethat permits maintaining a distance of six feet apart at all times.

(3) Other social distancing,hygiene, and public health measures: The establishment shallalso implement reasonable measures under the circumstances of eachestablishment to ensure social distancing of employees and customers, increasedhygiene practices, and other public health measures to reduce the risk oftransmission of COVID-19 consistent with guidance issued by the Iowa Departmentof Public Health.

C. Casinos and gaming facilities: A casinoor other facility conducting pari-mutuel wagering or gaming operations mayreopen or remain open, but only to the extent that it complies with thefollowing requirements:

(1) Social distancing: The establishment must encourage social distancing by spacing gamingpositions at least six feet apart, turning off alternating gaming machines, orseparating positions with a barrier of sufficient height to fully separatepatrons. The establishment may operate table games provided that it takesreasonable measures to reduce the risk of transmission, such as limiting thenumber patrons at a table, encouraging or requiring face covering of patrons oremployees, providing hand sanitizer, or taking other precautions.

(2) Food and BeverageService: The establishment shall comply with all the requirementsof bars and restaurants in this Proclamation for any food and beverage service.

(3) Other social distancing,hygiene, and public health measures: The establishment shallalso implement reasonable measures under the circumstances of eachestablishment to ensure social distancing of employees and customers, increasedhygiene practices, and other public health measures to reduce the risk of transmissionof COVID-19 consistent with guidance issued by the Iowa Department of PublicHealth and, for any food or beverage service, the Iowa Department ofInspections and Appeals.

D. Senior citizen centers and adult daycare facilities: Afacility that conducts adult day services or other senior citizen centers mayreopen, but only to the extent that the establishment complies with guidanceissued by the Iowa Department of Public Health to ensure social distancing,increased hygiene practices, and other public health measures.

E. Salons and Barbershops: A salon or barbershop,including any establishment providing the services of barbering, cosmetology,electrology, esthetics, nail technology, manicuring, and pedicuring may reopen, but only to the extent that it complies with the following requirements:

(1) Social distancing: The salon must ensure that all customers are at least six feet apartwhen performing cosmetology practices or barbering services

(2) Other social distancing, hygiene, and public health measures: The salon or barbershopshall also implement reasonable measures under the circumstances of each salonto ensure social distancing of employees and customers, increased hygienepractices, and other public health measures to reduce the risk of transmissionof COVID-19 consistent with guidance issued by the Iowa Department of PublicHealth.

F. Medical spas: A medical spa, as definedin Iowa Admin Code § 653-13.8(1), may reopen or remain open to provide medicalaesthetic services, but only if the medical spa complies with the requirementsfor performing outpatient procedures that utilize PPE in section 9, paragraphA, of this Proclamation.

G. Theaters and Performance Venues: Anytheater or performance venue at which motion pictures are shown or liveperformances are held may reopen or remain open, but only to the extent thatthe theater complies with the following requirements:

(1) Social distancing: The theater or performance venue must ensure at least six feet ofphysical distance between each group or individual attending alone when seatedin the theater.

(2) Other social distancing,hygiene, and public health measures: The theater shall alsoimplement reasonable measures under the circumstances of each theater to ensuresocial distancing of employees and customers, increased hygiene practices, andother public health measures to reduce the risk of transmission of COVID-19consistent with guidance issued by the Iowa Department of Public Health and,for any food service, the Iowa Department of Inspections and Appeals.

H. Race tracks: A speedway or race track, including a trackconducting horse or dog races, may reopen or continue its operations, providedthat the establishment complies with the following requirements:

(1) Social distancing: The establishment must ensure at least six feet of physical distancebetween each group or individual attending alone when seated.

(2) Other social distancing,hygiene, and public health measures: The establishment shallalso implement reasonable measures under the circumstances of eachestablishment to ensure social distancing of employees and customers, increasedhygiene practices, and other public health measures to reduce the risk oftransmission of COVID-19 consistent with guidance issued by the Iowa Departmentof Public Health and, for any food or beverage service, the Iowa Department ofInspections and Appeals.

I. Malls: An enclosed mall may reopen or remain open, but only to the extentthat it complies with the following requirements:

(1) Play areas: Any play area or playground in a common area must remain closed.

(2) Social distancing,hygiene, and public health measures: The mall shall alsoimplement reasonable measures under the circumstances of each mall to ensuresocial distancing of employees and customers, increased hygiene practices, andother public health measures to reduce the risk of transmission of COVID-19 consistentwith guidance issued by the Iowa Department of Public Health.

J. Other establishments: A museum, aquarium, zoo, library, indoor playground, children’s playcenter, swimming pool, bingo hall, bowling alley, pool hall, arcade, amusementpark, campground, tanning facility, massage therapy establishment, tattooestablishment, or a retail establishment that was previously ordered to beclosed statewide and then only in certain counties under section 5, paragraphI, of the Proclamation of Disaster Emergency issued on April 27, 2020, mayreopen or remain open, but only to the extent that the facility takesreasonable measures under the circumstances of each establishment to ensuresocial distancing of employees and patrons, increased hygiene practices, andother public health measures to reduce the risk of transmission of COVID-19consistent with Guidance issued by the Iowa Department of Public Health.

MASS GATHERINGSSECTION Three. Pursuant to Iowa Code § 135.144 (3), and inconjunction with the Iowa Department of Public Health, unless otherwisemodified by subsequent proclamation or order of the Iowa Department of PublicHealth, continuing until 11:59 p.m. on June 25, 2020:

A. A social, community, recreational, leisure, or sportinggathering or event, including but not limited to a parade, festival, farmersmarket, auction, convention, or fundraiser, of more than ten people may beheld, but only if the gathering complies with all other relevant provisions inthis Proclamation and the following requirements:

(1) Social distancing: The gathering organizer must ensure at least six feet of physicaldistance between each group or individual attending alone.

(2) Other social distancing,hygiene, and public health measures: The gathering organizershall also implement reasonable measures under the circumstances of eachgathering to ensure social distancing of gathering participants, increasedhygiene practices, and other public health measures to reduce the risk oftransmission of COVID-19 consistent with guidance issued by the Iowa Departmentof Public Health and, for any food service, the Iowa Department of Inspectionsand Appeals.

B. Non-school sporting and recreational events: Practices, games, and competitions for baseball, softball, andindividual sports, such as running, biking, swimming, tennis, and golf, are notprohibited by this section even where athletes may have some contact within sixfeet, provided that the organizer of such activities and events implements reasonablemeasures under the circumstances of each gathering to ensure reasonable socialdistancing, increased hygiene practices, and other public health measures toreduce the risk of transmission of COVID-19 consistent with guidance issued bythe Iowa Department of Public Health.

C. Spiritual and religious gatherings: Spiritualand religious gatherings, including any funerals or weddings, are notprohibited by this section. But a church, synagogue, or other host of aspiritual or religious gathering shall implement reasonable measures under thecircumstances of each gathering to ensure social distancing of employees,volunteers, and other participants, increased hygiene practices, and otherpublic health measures to reduce the risk of transmission of COVID-19consistent with guidance issued by the Iowa Department of Public Health.

NONESSENTIAL OR ELECTIVESURGERIES AND PROCEDURESSECTION Four. Pursuant to Iowa Code § 135.144(3), and inconjunction with the Iowa Department of Public Health, unless otherwise modifiedby subsequent proclamation or order of the Iowa Department of Public Health, Icontinue to order that until this disaster proclamation expires: A. A hospital, outpatient surgery provider, or outpatientprocedure provider may conduct in-patient surgeries and procedures that, iffurther delayed, will pose a significant risk to quality of life and anyoutpatient surgeries or procedures if the hospital or provider complies withthe following requirements:

(1) A hospital or provider must have: (a) Adequate inventories of personalprotective equipment (PPE) and access to a reliable supply chain withoutrelying on state or local government PPE stockpiles to support continuedoperations and respond to an unexpected surge in a timely manner; and (b) A plan to conserve PPE consistent withguidance from the CDC and Iowa Department of Public Health;

(2) A hospital or provider must have aplan for timely COVID-19 testing of symptomatic patients and staff to rapidlymitigate potential clusters of infection and as otherwise clinically indicated.Providers must comply with any relevant guidance related to testingrequirements for patients and staff issued by the Iowa Department of PublicHealth, the CDC, or a provider’s professional specialty society. For scheduledsurgeries patients should have a negative COVID-19 test performed within 72hours of surgery date. If a COVID-19 test is not available, a hospital orprovider should consider alternative methods to determine the patient’sprobability of COVID-19. If the patient has symptoms of fever, cough, or lowoxygen saturation, then postponing the surgery is recommended.

(3) A hospital must continue to acceptand treat COVID-19 patients and must not transfer COVID-19 patients to createcapacity for elective procedures.

(4) A hospital must reserve at least 10%of intensive care unit (ICU) beds and 10% of medical/surgical beds for COVID-19patients.

(5) A hospital or provider that beginsconducting surgeries or procedures as authorized by this paragraph but is nolonger able to satisfy all these requirements must cease conducting suchsurgeries or procedures except as authorized by paragraph B. Allhospitals and providers shall have a plan in place to monitor compliance and atransition plan to reduce or suspend procedures and surgeries as necessary.

B. Except as provided in paragraph A, all nonessential or electivesurgeries and procedures that utilize PPE must not be conducted by anyhospital, outpatient surgery provider, or outpatient procedure provider,whether public, private, or nonprofit.

C. A nonessential surgery or procedure is one that can bedelayed without undue risk to the current or future health of a patient,considering all appropriate factors including, but not limited to any: (1)threat to the patient’s life if the surgery or procedure is not performed; (2)threat of permanent dysfunction of an extremity or organ system; (3) risk ofmetastasis or progression of staging; and (4) risk of rapidly worsening tosevere symptoms.

D. Each hospital, outpatient surgery provider, andoutpatient procedure provider shall limit all nonessential individuals insurgery and procedure suites and patient care areas where PPE is required. Onlyindividuals essential to conducting the surgery or procedure shall be presentin such areas.

E. Each hospital, outpatient surgery provider, and outpatient procedureprovider shall establish an internal governance structure to ensure that theprinciples outlined above are followed.

IMPLEMENTATION ANDINTERPRETATIONSECTION Five. The Iowa Department of Public Safety, IowaDepartment of Public Health, Iowa Department of Education, Iowa Department ofHomeland Security and Emergency Management, Iowa Department of Transportation,and other participating state agencies are hereby directed to monitor theoperation and implementation of this proclamation to assure the public’s healthand safety.

SECTION Six. In conjunction with the Department of PublicHealth pursuant to Iowa Code §§ 29C.18 and 135.35, all peace officers of the stateare hereby called upon to assist in the enforcement of the provisions of thisProclamation.

SECTION Seven. The provisions of this proclamation shall beeffective at 8:00 a.m. on June 12, 2020, unless otherwise noted. Thisproclamation shall not be construed to otherwise modify the proclamation of May26, 2020. This state of public health disaster emergency shall continue toexpire on June 25, 2020, at 11:59 p.m., unless sooner terminated or extended in writing by me.

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