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Oklahoma Association of Municipal Attorneys

Has Closed been defined

Kevin Dodson

Wed, Mar 25, 2020 9:03 PM

Regarding the Governor's Executive Orders all NON-critical infrastructure
sector businesses are to be closed. Does closed mean:

that you can be in the business building with your doors locked and
working and the building is closed to the public?
OR
does closed mean no one can be at the business building period?

--
Kevin Dodson
Attorney at Law
308 A Northeast First Street
Pryor, OK 74361
918-824-3600 <(918)%20824-3600>
Fax: 918-824-3601 <(918)%20824-3601>
E-Mail: kevinatdodsonlawoffice@gmail.com

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Regarding the Governor's Executive Orders all NON-critical infrastructure sector businesses are to be closed. Does closed mean: 1) that you can be in the business building with your doors locked and working and the building is closed to the public? OR 2) does closed mean no one can be at the business building period? -- Kevin Dodson Attorney at Law 308 A Northeast First Street Pryor, OK 74361 918-824-3600 <(918)%20824-3600> Fax: 918-824-3601 <(918)%20824-3601> E-Mail: kevinatdodsonlawoffice@gmail.com Notice: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or person responsible for delivering it to the intended recipient you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. Interception of e-mail is a crime under the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and 2107-2709. If you have received this transmission in error, please immediately notify us by replying to this e-mail or by calling 918-824-3600 <(918)%20824-3600>, and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.

Jeff Bryant

Wed, Mar 25, 2020 10:39 PM

Kevin,

I have not seen a definition of “closed”. Given the intent of the EO is to contain or stop the spread of the coronavirus, and that the term is in relation to businesses, a reasonable interpretation in my opinion would be “closed to the public”. Practically, if the non-critical infrastructure sector business has a lot of employees, not sure it makes much sense to have the employees there unless they can work at least 6 feet away. If it is a smaller business where the owner just want to go in and do some paperwork with the door locked, I don’t see that to be contrary to the intent of the EO. But again, I did not see a definition of “closed” in the EO. Hope this helps.

Jeff Bryant

Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.org mailto:jbryant@omag.org

[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.org https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0

From: Oama oama-bounces@lists.imla.org On Behalf Of Kevin Dodson
Sent: Wednesday, March 25, 2020 4:03 PM
To: oama@lists.imla.org
Subject: [Oama] Has Closed been defined

Regarding the Governor's Executive Orders all NON-critical infrastructure sector businesses are to be closed. Does closed mean:

that you can be in the business building with your doors locked and working and the building is closed to the public?
OR
does closed mean no one can be at the business building period?

--
Kevin Dodson
Attorney at Law
308 A Northeast First Street
Pryor, OK 74361
918-824-3600tel:(918)%20824-3600
Fax: 918-824-3601tel:(918)%20824-3601
E-Mail: kevinatdodsonlawoffice@gmail.com mailto:kevinatdodsonlawoffice@gmail.com

Notice: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or person responsible for delivering it to the intended recipient you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. Interception of e-mail is a crime under the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and 2107-2709. If you have received this transmission in error, please immediately notify us by replying to this e-mail or by calling 918-824-3600tel:(918)%20824-3600, and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.

Kevin, I have not seen a definition of “closed”. Given the intent of the EO is to contain or stop the spread of the coronavirus, and that the term is in relation to businesses, a reasonable interpretation in my opinion would be “closed to the public”. Practically, if the non-critical infrastructure sector business has a lot of employees, not sure it makes much sense to have the employees there unless they can work at least 6 feet away. If it is a smaller business where the owner just want to go in and do some paperwork with the door locked, I don’t see that to be contrary to the intent of the EO. But again, I did not see a definition of “closed” in the EO. Hope this helps. Jeff Bryant Jeff H Bryant Director of Legal Services Associate General Counsel jbryant@omag.org<mailto:jbryant@omag.org> [OMAG Small Logo Smooth] 3650 S. Boulevard Edmond, Oklahoma 73013 Phone: 405-657-1419 Fax: 405-657-1401 www.omag.org<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0> From: Oama <oama-bounces@lists.imla.org> On Behalf Of Kevin Dodson Sent: Wednesday, March 25, 2020 4:03 PM To: oama@lists.imla.org Subject: [Oama] Has Closed been defined Regarding the Governor's Executive Orders all NON-critical infrastructure sector businesses are to be closed. Does closed mean: 1) that you can be in the business building with your doors locked and working and the building is closed to the public? OR 2) does closed mean no one can be at the business building period? -- Kevin Dodson Attorney at Law 308 A Northeast First Street Pryor, OK 74361 918-824-3600<tel:(918)%20824-3600> Fax: 918-824-3601<tel:(918)%20824-3601> E-Mail: kevinatdodsonlawoffice@gmail.com<mailto:kevinatdodsonlawoffice@gmail.com> Notice: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or person responsible for delivering it to the intended recipient you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. Interception of e-mail is a crime under the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and 2107-2709. If you have received this transmission in error, please immediately notify us by replying to this e-mail or by calling 918-824-3600<tel:(918)%20824-3600>, and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.