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From:Clark Askins <br />To:Alexander, Corby <br />Cc:Weeks, Jason <br />Subject:FW: TML Coronavirus Update #175 <br />Date:Thursday, March 4, 2021 10:27:38 AM <br /> <br />Urgent Updates <br /> <br />Does the governor’s new executive order contain anything related to mayoral <br />approval of outdoor gatherings? <br /> <br />No. The newest order (GA-34) “supersedes” (i.e., takes the place of) previous orders, <br />such as GA-32, requiring mayoral approval of certain outdoor gatherings. The newest <br />order makes no mention of such a requirement. League staff has confirmed that the <br />governor intended GA-34 to do away with the requirement that a mayor approve of <br />outdoor gatherings, as provided in previous orders. <br /> <br />What authority does a city have to require pandemic mitigation measures on city <br />property, in city facilities, or by city employees? <br /> <br />Executive Order GA-34 supersedes certain city regulatory authority (e.g., the authority <br />to require city residents or businesses to adhere to pandemic mitigation measures, such <br />as business closures, occupancy limits, or mask mandates). However, as with previous <br />orders, GA-34 provides that “Nothing in this executive order precludes businesses or <br />other establishments from requiring employees or customers to follow additional <br />hygiene measures, including the wearing of a face covering.” <br /> <br />Merriam-Webster defines “establishment” as “a public or private institution.” A city is <br />clearly a public institution, meaning it retains control over and may require pandemic <br />mitigation measures on its property, in its facilities, and by its employees. Of course, <br />GA-34 prohibits confinement in jail as a penalty, so the appropriate remedy for a <br />citizen who violates such a requirement may be to escort them off the premises. For <br />employees, the remedy may be disciplinary action. <br /> <br /> <br />