This afternoon, Governor Gavin Newsom announced that California would be taking immediate action to slow the spread of COVID-19 by “pulling an emergency brake” on the Blueprint for a Safer Economy, which is to remain in effect until the State Public Health Officer determines it appropriate to make modifications based on public health conditions and data. Some of the actions announced include:

  • Counties will move back a tier after one week if the county’s metrics worsen (previously 2 weeks).
  • Some counties will move back multiple tiers.
  • Counties that move back must make industry changes urgently, instead of 3 days, with phased in enforcement.
  • California will assess tiers again mid-week.

The 28 counties moving back into Tier 1 (Purple/Widespread) include:
Alameda, Butte, Contra Costa, El Dorado, Fresno, Glenn, Kern, Kings, Mendocino, Merced, Napa, Nevada, Orange, Placer, San Benito, San Joaquin, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, Siskiyou, Solano, Sutter, Trinity, Tuolumne, Ventura, Yolo, and Yuba.

The nine counties moving back into Tier 2 (Red/Substantial) include:
Colusa, Del Norte, Humboldt, Marin, Modoc, Mono, Plumas, San Francisco, and San Mateo.

The two counties moving back into Tier 3 (Orange/Moderate) include:
Calaveras and Sierra.

Current county count per tier:
  • Purple (most restrictive): 41 Counties
  • Red: 11 Counties
  • Orange: 4 Counties
  • Yellow: 2 Counties

The state also strengthened its guidance for the use of face coverings, announcing that Californians must wear face coverings when outside of their home, with the following exceptions:

  • Persons in a car alone or solely with members of their own household.
  • Persons who are working in an office or in a room alone.
  • Persons who are actively eating or drinking provided that they are able to maintain a distance of at least six feet away from persons who are not members of the same household or residence.
  • Persons who are outdoors and maintaining at least 6 feet of social distancing from others not in their household. Such persons must have a face covering with them at all times and must put it on if they are within 6 feet of others who are not in their household.
  • Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service.
  • Workers who are required to wear respiratory protection.
  • Persons who are specifically exempted from wearing face coverings by other CDPH guidance.

To view Governor Newsom’s press release, click here. If you have any questions, please reach out to Rebecca Baskins at

Kahn, Soares & Conway, LLP provides the foregoing for informational purposes only and it is not intended as legal advice. Using this information or sending electronic mail to Kahn, Soares & Conway, LLP or its attorneys does not create an attorney-client relationship.

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