The Golf Industry and Ohio's Stay at Home Order

In response to yesterday’s Stay at Home Order issued by the Ohio Governor’s office and Ohio’s Department of Health, we have been seeking clarification on whether golf courses could remain open for play. Today, we received confirmation that golf courses may remain open for play under Section 5, Part C of the Stay at Home Order, as long as they can comply with Social Distancing Requirements as outlined in Section 15.

To view the Stay at Home Order in its entirety, click here.

Social distancing requirements as outlined by the Director’s Stay at Home Order include:

• Maintaining a distance of at least six feet between individuals
• Having hand sanitizer and sanitizing products readily available for employees and customers
• Implementing separate hours for elderly and vulnerable customers
• Posting online whether a facility is open and how to best reach the facility and continue services by phone or remotely (applicable to tee time reservations and checking in)

Additionally, maintenance for golf courses can proceed under Section 12, Part K as they are providing services necessary to maintaining the safety, sanitation and essential operation of an Essential Activity as previously outlined (Section 5, Part C).

While we are pleased to be able to provide a bit of clarity to this situation, please do not take this as an endorsement or requirement for courses to open. We believe that a course should make its own decision as to whether or not they would like to operate during these uncertain times. Courses should only open for play if they are certain that they can provide a safe environment for their employees and customers by complying with the social distancing requirements and proper sanitation of their equipment and common areas.

If you would like additional clarification regarding the Stay at Home Order as it relates to your business, we would encourage you to contact your counsel and read the order yourself (Amended based on Lt Governors 3/24 Comments) as it is likely there will be NOT be a letter specifically mentioning golf. His office further indicated that the governor's office is solely advising business and industries to refer to the order.

We hope that you will continue to make decisions that are in the best interest of your health and the health of your employees, customers, friends, and family

Comments from an outside source on Lt Governors Comments on 3/24

Sent: Tuesday, March 24, 2020 3:09 PM
To: Undisclosed
Subject: today's presser

The Lt. Gov. addressed essential businesses again:

Husted: what is the definition of an essential business? He offered more/definitive guidance – and focused on compliance
Coronavirus.ohio.gov (site has over 1.3 million hits today!) – view the order here, read the language, use best judgement
Don’t call law enforcement or health department numbers to interpret… they are focused on enforcement
Businesses don’t need a letter or certification to show compliance, but they MUST have a rationale
Clarification/reminder: banks are open
Unemployment data will be released every Thursday (a change from daily to weekly)

If you have the golf course open, make sure you feel secure in your rationale if questioned.