EXECUTIVE ORDER NUMBER SIXTY-TWO (2020) AND ORDER OF PUBLIC HEALTH EMERGENCY

FOUR JURISDICTIONS TEMPORARILY DELAYED FROM ENTERING PHASE ONE IN EXECUTIVE ORDER 61 AND PERMITTED TO REMAIN IN PHASE ZERO NORTHERN VIRGINIA REGION

Importance of the Issue

Executive Order 61, issued on May 8, 2020, and effective at 12:00 a.m., May 15, 2020, eased certain restrictions imposed under Second Amended Executive Order 53 and Executive Order 55 (both Orders are collectively referred to as Phase Zero). Executive Order 61 sets out the Commonwealth of Virginia’s path into Phase One. The easing of the Phase Zero restrictions was premised, in part, on the Commonwealth’s achievement of certain metrics in responding to the novel coronavirus (COVID-19). The easing of those restrictions is meant to be a floor, and not a ceiling. As previously acknowledged, some regions may need to move into Phase One more slowly than the rest of the Commonwealth. Prior to issuing Executive Order 61, I advised that any locality unready to move into Phase One, upon my review and approval of their request to remain in Phase Zero, could do so.

On May 9, 2020, local officials from the Counties of Arlington, Fairfax, Loudoun, and Prince William, and the Cities of Alexandria, Fairfax, Falls Church, Manassas, Manassas Park, as well as the Towns of Dumfries, Herndon, Leesburg, and Vienna (Northern Virginia Region) requested to remain in Phase Zero. Data provided in connection with that request reveals that with respect to hospitalizations, percent positivity, and case numbers, the Northern Virginia Region faces unique challenges when compared to the rest of the Commonwealth. The Northern Virginia Region is substantially higher than the rest of the Commonwealth in percentage of positive tests for COVID-19. The Northern Virginia Region has about a 25% positivity rate, while the rest of the Commonwealth is closer to 10%. Further, in the last 24 hours, the Northern Virginia Region reported over 700 cases, while the rest of the Commonwealth reported approximately 270. On any given day, 70% of the Commonwealth’s positive cases are attributable to the Northern Virginia Region.

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Directive

Therefore, by virtue of the authority vested in me by Article V of the Constitution of Virginia, by § 44-146.17 of the Code of Virginia, by any other applicable law,band in furtherance of Executive Order 51, and by virtue of the authority vested in the State Health Commissioner pursuant to §§ 32.1-13, 32.1-20, and 35.1-10 of the Code of Virginia, I grant the Northern Virginia Region’s request to remain in Phase Zero. Accordingly, as to the Northern Virginia Region, the following measures are extended effective 12:00 a.m. Friday, May 15, 2020:

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The Northern Virginia Region’s entrance into Phase One will be delayed and the restrictions above shall remain in place until 11:59 p.m., May 28, 2020.