State adds restrictions, calls on local governments, health departments to take action

Gov. Eric Holcomb on Friday changed his mitigation strategy, issuing a new executive order with a micro-level approach.

The order includes social gathering limits and puts in place new guidelines for businesses and local officials to follow, placing additional burdens on local health departments.

Instead of statewide restrictions, the order puts faith in local governments to put in place additional measures that are necessary to control the spread of COVID-19 in counties, cities and towns.

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Johnson County, Franklin and Greenwood have no plans to add any restrictions at this time, officials said Friday, but a local health department official said she will shut down businesses who fail to enforce the state’s mask mandate.

General guidelines

The order abandons Stage 5 of the Back on Track Indiana Plan and puts in place a new system of recommended restrictions based on the Indiana State Department of Health’s COVID-19 heat map, which indicates how severe outbreaks are per county.

The color-coded map is updated weekly and based on each county’s cases per 100,000 residents and seven-day positivity rate for all tests completed. The color is assigned based on the average of scores for the two metrics from zero to three. Restrictions are assigned based on the color each county is assigned.

General guidelines say all Hoosiers must adhere to Centers for Disease Control and Prevention guidance and “take responsibility for their safety and health and the health and safety of those around them,” according to the executive order.

The order asks high-risk individuals to remain vigilant and limit trips outside their homes. It further asks individuals with frequent contact with the elderly to consider suspending visits or wear masks and stay six feet apart if that’s not possible.

The mask mandate remains in effect for Hoosiers who are at least 2 years old, are not homeless and are not incarcerated, or do not have a medical exemption that prevents them from wearing a mask.

The order also includes new language that “strongly encourages” those with a medical condition to wear a face shield instead. But the order does not include a fine for not wearing a face covering.

The order does not require any type of businesses to cease operations, but puts in place several new infection control protocols for businesses to implement. Most of the public-facing requirements revolve around the face-covering mandate.

Though many are already doing this, the order requires all businesses to post signs letting patrons know masks are required to enter. The order requires businesses to make sure all employees wear a mask unless they have a medical exemption, and suggests businesses refuse service to anyone who refuses to wear a mask.

The order further says businesses should mark six-foot distances with signage, provide sanitizing products and offer alternative ways to serve vulnerable customers.

Telework is recommended for businesses that are able to do so, while those who are not able to are expected to be diligent about cleaning, making sure employees do not work while sick with a respiratory illness, and by reinforcing health and hygiene messages, according to the order.

There are no specific capacity requirements, but the order requires restaurant and bar patrons to remain seated with six feet between each table, and for self-service food and drink stations to be closed.

Color-specific guidelines

In addition to the above general guidelines, business, government and school leaders in counties that fall into the orange and red categories are expected to take extra steps to slow the spread.

The order recommends social gatherings cease in all counties, but places required limits for each color. When counties are in the blue, up to 250 people can gather; in yellow, 100 can gather; in orange, 50 can gather; and in red, 25 can gather.

Beginning Nov. 22, all gatherings above each county’s color-coded limit must have a safety plan approved by the county health department, according to the order.

Holcomb strongly encourages places of worship to revert to virtual services, but the order exempts religious and funeral services and wedding ceremonies from the social gathering caps, though gatherings before or after these gatherings are subject to the caps, the order says.

In orange, attendance at school or winter athletic events should be limited to 25% capacity; workplace break rooms and common areas should be restricted; and recreational sports leagues should limit attendance to parents and required personnel only.

In red, attendance at school or winter athletic events should be limited to parents and essential personnel; local officials should consider limiting hours at bars, nightclubs and restaurants or going to a carry-out model only; recreational sports leagues should limit attendance to parents and required personnel only; activities at long-term care facilities should be suspended; hospitals and congregate living facilities should restrict visitors; and workplace break rooms and common areas should be closed.

Right now, Johnson County is in orange, and school officials have already begun to reduce capacities at athletic events.

If the county goes red, Johnson County, Franklin and Greenwood officials, don’t expect, at this time, to impose any additional restrictions.

Elected officials take little action

Despite the added responsibility to make public health calls, local elected officials said they’re thankful for the discretion to make these decisions at the local level.

“I’m in favor of home rule. I think they should have done that in the beginning. They (local officials) can figure out what works best. It doesn’t make sense for everyone to follow Marion County’s lead,” said Ron West, Johnson County commissioner.

West and Commissioner Brian Baird, two of three who control policy for unincorporated areas of the county, don’t plan to take businesses backward or risk any more injury to the local economy, they said Friday.

“What people have to come to grips with is that it’s here and it is going to be here … until this thing plays out by a vaccine or herd immunity,” West said.

West expects the county will follow the governor’s order but add no additional restrictions.

Likewise, Franklin Mayor Steve Barnett does not plan to add any restrictions, but said he will call on all business owners and residents to comply with the order.

“I don’t think there’s anything we can do to stop it other than following the CDC guidelines and giving people space,” Barnett said.

Greenwood Mayor Mark Myers said he hasn’t fully mapped out what the city might do in addition to the governor’s order if Johnson County goes red.

Myers has closed city buildings to the public and for now, also plans to encourage all business owners and residents to comply with the order.

Both cities are re-evaluating holiday events in light of the order, officials said.

Greenwood plans to cancel in-person events and instead hold virtual events for the city’s youth, Myers said.

Franklin is looking at holiday event options with the health department, Barnett said. The hope is to still have any that can be conducted safely, he said.

The city’s annual holiday tree lighting at 8:30 a.m. Dec. 5 will go on with modifications, Barnett said.

Health department burden grows

Much responsibility for enforcing the order falls on the Johnson County Health Department, where seven environmental health employees will be responsible for making sure businesses mask up and follow operational guidelines, said Betsy Swearingen, department director.

Restaurant inspectors are the same employees responsible for a wide variety of other duties, such as inspecting tattoo parlors, septic tanks, pest and nuisance complaints and more, Swearingen said. The increased workload will tax the already burdened staff, she said.

“We are overtaxed and underpaid and tired at this time, but we will keep going,” Swearingen said.

While dealing with a potential onslaught of mask complaints, department employees will also be reviewing even more event plans, as the order will require most community events with multiple households involved to get approval while the county is in orange and certainly if it moves to red.

Swearingen hopes businesses will take the governor’s recommendations seriously and avoid the department having to take action. But the department is prepared to take action on those who choose not to follow the guidelines, she said.

After a series of violations or proof that the business has a flagrant disregard for the mask order, the health department will shut them down, she said.

“In order to get better compliance of the mask mandate, the health department will be leaning heavily on the owners of food facilities to enforce the wearing of masks by their patrons,” Swearingen said. “If they choose to ignore that, they could face having their food license suspended.”

City leaders are also planning steps to work alongside the health department’s efforts to enforce the guidelines, they said.

In Greenwood, Myers is planning to send a letter to all business owners asking them to comply with the order and refuse service to those who don’t mask up. City employees will hand-deliver the letter to each local business, he said.

“A lot of people think we don’t have to the right to do that (mandate masks), but a store owner does have a right to refuse to serve someone,” Myers said.

In Franklin, Barnett and his communications team will put together a video about the new guidelines in which they will ask all businesses, residents and visitors to comply, he said.