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March 25, 2020 9:40am

New executive order closes all “non-life sustaining” businesses in Kentucky

Yesterday afternoon, Kentucky Governor Andy Beshear announced an executive order requiring all “non-life sustaining” businesses in the Commonwealth to close to “in-person” traffic. The order will go into effect on Thursday, March 26, at 8:00pm. 

The executive order is available here. Read below for a summary.  

All “non-life sustaining businesses” in Kentucky are to cease operations as of 8:00pm on March 26, 2020, except to conduct “minimum basic operations.”

“Life sustaining” businesses (i.e. businesses that can stay open) include: 

  • businesses operating under Department of Homeland security guidance as the federal critical infrastructure sectors
  • grocery stores
  • drug stores and pharmacies
  • food, beverage, and agriculture
  • restaurants for consumption off-premises
  • charitable and social services organizations
  • banks and financial services
  • hardware stores
  • agricultural operations
  • gas stations
  • media
  • businesses needed for transportation, logistics, mail, shipping, delivery and pick-up
  • housing, building and construction 
  • laundry
  • home-based care and services
  • professional services
  • manufacturing
  • critical labor union functions
  • hotels and motels
  • funeral services
  • other businesses key to national interests or life-sustaining goods or services

All “life sustaining businesses” must follow social distancing and hygiene guidance from the CDC and the Kentucky Department of Public Health. Professional services businesses are required to implement telecommuting and remote work to the fullest extent possible.

Minimum Basic Operations is defined in the order as “the minimum necessary activities to maintain the value of the business’s inventory, preserve the condition of the business’s physical plant and equipment, ensure security, process payroll and employee benefits, facilitate telecommuting, and other related functions.”

The order requires in-person government services to be suspended unless they provide life sustaining services. Exempt governmental services include law enforcement, public safety, and first responders. Life sustaining governmental services include , but are not limited to, public transit, trash pick-up, elections management, support for businesses and critical infrastructure, and parks maintenance.

Readers are strongly encouraged to review the Governor’s executive order and to reach out to GLI if they have questions.

This new order follows another from earlier in the week closing all non-life sustaining retail businesses to in-person traffic.