D.C. Eases Some Phase 2 Restrictions
By Mayor’s Order dated March 17, 2021, the Mayor of the District of Columbia modified certain “Phase 2” restrictions that will go into effect at 5:00 a.m. on March 22nd. In addition, the COVID-19 public health emergency is extended through May 20, 2021. The complete text of Mayor’s Order 2021-038 regarding these Phase 2 modifications is located here.
Among other things, this Order increases the limit on outdoor “mass gatherings” (in confined outdoor spaces) from 25 up to 50 persons, unless more specific guidance from the D.C. Heath Department (“DC Health”) dictates otherwise. Note that indoor gatherings remain limited to 10 persons, including social gatherings inside individual homes, condominiums and cooperatives, as well as in indoor common area spaces.
Gyms (including those in condominiums and cooperatives) may operate in accordance with DC Health guidance, with outdoor group exercise classes of up to 50 persons being allowed as well as indoor group exercise classes of up to 10 persons (not including the trainer). However, no facility can have more persons than 25% of its rated capacity as stated in its Certificate of Occupancy. DC Health Guidance for gyms and fitness centers is located here.
Playgrounds can fully open. Pools in condominiums and cooperatives can open for members and residents, provided that management (i) establishes and enforces a written infection control plan that meets certain requirements and (2) consents to prescheduled and unannounced inspections by DC Health or DCRA. For further details about these and other pool-related restrictions, see pages 7-8 of Mayor’s Order 2021-038. These are similar to restrictions imposed mid-summer 2020.
Mask-wearing requirements remain in place, including in the common areas of condominiums and cooperatives.
It is expected that these modified Phase 2 restrictions will continue in effect at least through May 20, 2021, but are subject to modification by the Mayor. As a reminder, DC Health continues to issue specific guidance for condominiums and cooperatives, which can be located here.
Federal, state and local responses to COVID-19 are changing quickly. We encourage associations to monitor relevant government websites and this page for further updates.
Legal Disclaimer: This information is not intended to be legal advice. Legal advice must be tailored to the specific facts and circumstances of each case and each association’s governing documents. Also, it is not intended to be a full and exhaustive explanation of all legal considerations, nor should it be used to replace the individualized advice of your legal counsel.