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Businesses Connected to Farming, Gardening, Etc. Permitted to Operate Under “Outdoor Activities” Clarification

Executive Order 20-22 – issued April 20, 2020, by Indiana Gov. Eric Holcomb to extend the previous “Stay at Home” order to May 1, 2020 – includes a clarification of what “outdoor activities” Indiana residents are permitted to leave their residences to engage in, provided they comply with social distancing requirements.

While prior related executive orders specifically referenced walking, hiking, running, biking, or going to parks or other outdoor recreation areas, Executive Order 20-22 clarified that yard work, gardening, planting, and landscaping at residential, commercial and industrial properties and farms are also permissible outdoor activities.

In addition, both the outdoor display and in-store areas of nurseries and garden centers may be open for business in connection with outdoor activity, so long as they:

  • Limit the number customers in their facility at any given time to achieve the CDC’s required social distancing;
  • Limit their hours of operation and consider implementing separate operating hours for the elderly and other vulnerable customers; and
  • Comply with social distancing and sanitation of applicable areas and other mitigation measures to protect their employees and the public.

Executive Order 20-22, which replaces and otherwise contains much of the same language as Executive Order 20-18, is effective through May 1, 2020, at 11:59 p.m., unless it is extended, rescinded or modified by the Governor.

Please contact your KDDK attorney or any member of the KDDK business law team for additional information and individualized guidance on this or any related matter.

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