On March 22, 2020, Gov. Andrew Cuomo issued an Executive Order titled “New York State on PAUSE” mandating closure of “non-essential businesses” and cancellation of “non-essential gatherings” in the state of New York. Six weeks later, on May 11, 2020, the Governor announced the “NY Forward Reopening Plan.” Since then, New York has begun reopening all regions except New York City, which remains on PAUSE. Real-time infection metrics will guide the state’s decisions regarding where to lift or re-impose restrictions.

Other states have commenced or announced similar plans for reopening businesses. Talal Ansari, et al., All 50 States Have Now Taken Steps to Reopen, The Wall Street Journal (updated May 20, 2020). Federal agencies have also weighed in on the reopening. On May 14, 2020, the Centers for Disease Control and Prevention (CDC) published a 60-page presentation summarizing “CDC’s initiatives, activities, and tools in support of the Whole-of-Government response to COVID-19.” CDC Activities and Initiatives Supporting the COVID-19 Response and the President’s Plan for Opening America Up Again (hereinafter CDC Activities and Initiatives).

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