Most Counties to Remain in Most Restrictive Tier of the State’s Blueprint
As California begins to see the recent surge in COVID-19 infections recede, the state is lifting some of the most stringent restrictions on economic and social activities. On Monday, January 25, 2021, Governor Newsom and the California Department of Public Health (CDPH) announced that the state would be lifting the regional Stay-at-Home Orders put in place on December 3, 2020, to slow the spread of COVID-19. The orders applied to regions where ICU bed availability was severely limited. The Sacramento region had previously seen its regional order lifted on January 12, 2021, and the Northern California region never had an order imposed, as ICU capacity there remained above the 15% threshold. According to projections released today by CDPH, all five regions of the state are now above 15%, with a statewide average capacity of 30.3%.
With the Regional Stay-at-Home Orders lifted, CDPH noted that the “action allows all counties statewide to return to the rules and framework of the Blueprint for a Safer Economy and color-coded tiers that indicate which activities and businesses are open based on local case rates and test positivity.”
Most counties remain in Tier 1, the most restrictive (purple) tier, which indicates that the county is experiencing “widespread” COVID-19 infections. As of January 25, 2021, 54 of the state’s 58 counties—representing approximately 99% of the state’s population—remain in this tier. Three other counties—Alpine, Mariposa and Trinity—are in Tier 2 (red, or “substantial” COVID-19 spread), and only one county in the state, Sierra, is in Tier 3 (yellow, or “moderate” spread).
Each tier defines the specific restrictions on economic and social activities in the area. While the announcement from CDPH indicates that counties are to return to their previous restrictions under the Blueprint, it is not immediately clear whether there will be any further modifications to COVID-19 restrictions. In Tier 1 under the previous Blueprint system, many “non-essential” indoor business operations are closed, and other open businesses are subject to modifications and restrictions:
- Gyms and fitness centers – open outdoors only, with additional modifications, such as social distancing
- Dining – open outdoors with modifications
- Personal services – limited indoor operations with modifications and 100% masking
- Offices/non-essential businesses – employees should work remotely
- Indoor malls – although previously closed in monitoring list counties, they may now open indoor activities, with a maximum capacity of 25%
- Schools – closed for in-person instruction
In addition to the state’s tiered restrictions, counties are permitted to put in place additional restrictions on activities. A comprehensive listing of county-by-county restrictions and Blueprint tier status is available from Manatt here.
The state-mandated curfew under the Limited Stay-at-Home Order, which limited non-essential activities between the hours of 10 p.m. and 5 a.m., also expires with the lifting of the Regional Stay-at-Home Orders.