The Commercial Appeal

Gov. Bill Lee issues statewide ‘safer at home’ order

- Brett Kelman and Natalie Allison Nashville Tennessean USA TODAY NETWORK – TENNESSEE

Gov. Bill Lee on Monday issued a twoweek statewide order closing non-essential businesses and telling Tennessean­s to stay home in an effort to combat the spread of the coronaviru­s.

The “safer at home” order, filed Monday afternoon, enacts similar restrictio­ns put in place by mayors in Nashville, Memphis, Knoxville and governors in at least 30 other states. In recent days, some smaller cities in Tennessee have also implemente­d such orders.

“This is not a mandated ‘shelter in place’ order, because it remains deeply important to me to protect personal liberties,” Lee said at a Monday afternoon news briefing.

The order takes effect at 11:59 p.m. Tuesday and lasts through April 14, during which time only essential businesses are to continue operating and residents are to stay home “as much as possible,” per Executive Order 22, which was filed Monday with the Tennessee Secretary of State’s office.

Executive Order 21 was also filed Monday, which specifically orders the temporary closure of salons, spas, concert venues, theaters and other indoor recreation­al facilities.

Lee previously held off on shutting down Tennessee for more than a week, insisting statewide orders are difficult to enforce and that he preferred to advise social distancing instead of mandating it. The governor cited Tennessean­s’ willingnes­s to do the right thing.

But desperate pleas from mayors and medical profession­als have increased pressure on the governor to take more aggressive action.

Dr. Aaron Milstone, a Franklin critical care physician at the forefront of the campaign to pressure the governor, has said epidemiolo­gy models predict a statewide stay-at-home order could potentiall­y save thousands of lives.

“The only tactic guaranteed to slow the spread of the virus and mitigate both the strain on our healthcare supplies and workers, while protecting lives is the stay at home order Governor Lee should have enacted over a week ago,” Milstone said in a statement.

As of Monday, state officials had tallied 1,834 cases and 13 deaths in Tennessee as a result of the coronaviru­s, with some of the largest clusters in Nashville, Memphis and Williamson County. At least 148 people are hospitaliz­ed.

Milstone and other doctors have said that epidemiolo­gy modeling of the coronaviru­s outbreak suggests a full shelterin-place order could potentiall­y make a difference of tens of thousands of lives in Tennessee alone.

After Lee’s announceme­nt Monday, Milstone said in a statement that the new order “doesn’t go far enough to save lives and keep Tennessean­s in their homes.”

Order aimed at closing certain businesses, still permits activities

While restaurant­s and bars were closed and restricted to dine-in service under a previous executive order — fitness centers also had closed under a Lee order — Lee’s decision Monday extends the closures to a large number of businesses.

Under the order, Tennessean­s can continue to go out to obtain groceries, beverages, takeout food from restaurant­s, and medical, household and automobile supplies. Hundreds of other types of businesses are also deemed essential, including financial and insurance institutio­ns, day care centers, laundry services and more.

Outdoor activities and sports are also still permitted if individual­s follow social distancing guidelines “to the greatest extent possible.”

“Congregati­ng or playing on playground­s,” however, pose a particular­ly high risk of spreading the coronaviru­s and are not deemed essential, according to the order.

Leaving home to care for a friend or family member is also permitted, as is visiting a place of worship or attending a funeral or wedding. Many churches have canceled services or taken them online, and Lee has said gathering in large numbers for church services puts lives at risk.

The state does strongly encourage that gatherings for weddings and funerals be postponed or only attended by close family members.

Concern over ‘balance’ between economy and health

During a news conference on March 20, Lee said he sought to strike a “tremendous balance” between protecting the public and the economy, insisting that if he ordered the closure of businesses he would be effectively “mandating the eliminatio­n of a paycheck” for many Tennessean­s. Lee also questioned whether it is possible to enforce statewide stay-at-home orders, which at the time had been enacted only in California.

“We are never going to be able to mandate people’s behavior in their homes and in their yards and in their neighborho­ods, in part because you never can enforce the behavior that you mandate,” Lee said at the time. “But nothing is ever off the table.”

Two days later, Lee issued an order closing gyms and forbidding dine-in services at restaurant­s and bars, but stopped short of telling Tennessean­s to stay home or closing all non-essential businesses. At the time, Lee’s order stated specifically that it didn’t mandate sheltering in place.

As recently as Thursday, the governor said he believed a statewide order closing businesses was unnecessar­y because the state had mostly closed on its own.

“Tennessean­s have shut down,” Lee said at a news conference in Memphis. “This state is largely closed down except for the number of folks that are moving around for the appropriat­e reasons.”

But in the suburbs of Nashville, for instance, beyond the reach of an existing “safer at home” order issued by Mayor John Cooper, businesses were not closed.

In Wilson, Smith and Putnam counties in recent days, reporters spotted barber shops, nail salons, tanning beds and stores selling bicycles, shoes and nutritiona­l supplement­s all welcoming customers.

Under the governor’s new order, many of these businesses should close.

Late last week, Kentucky Gov. Andy Beshear warned residents not to visit Tennessee, citing Lee’s resistance to a statewide stay-at-home order, the absence of which allowed many businesses to remain open.

“If you are a Kentuckian living on that border, I need you to not go to Tennessee for anything other than work or helping a loved one or maybe the grocery, if it is there closer,” Beshear said Friday.

Mayors in Tennessee took action on their own

Starting in Nashville, and then extending to a handful of other cities like Memphis, Knoxville and Franklin, mayors across Tennessee have been forced to issue their own stay-at-home orders.

Cooper on March 22 announced a “safer at home” order, closing all businesses but those deemed essential and warning residents not to leave their homes except for required errands or outdoor exercise.

Memphis Mayor Jim Strickland earlier this month said he had sought help from Lee and the Tennessee Department of Health, but has relied more on local hospital officials in making his decisions. He announced his city’s order March 23.

“Yes, it’s a global pandemic but it’s a localized effort, but each city can affect its own future,” Strickland said.

Mayors in the state’s largest cities, including Nashville, Memphis, Knoxville and Chattanoog­a, have in the last week stayed in constant contact.

While Chattanoog­a as of Monday afternoon had not yet implemente­d a stay-at-home order, Mayor Andy Berke described on Wednesday being in the difficult place of having to make decisions with little data and guidance from the federal government outside of the daily public briefings.

In conversati­ons with mayors, the governor maintained over the last week that he believed cities should be making their own decisions.

“The governor has said explicitly that he believes that different areas of our state need their own method of dealing with the virus,” Berke said Wednesday. “He has said that publicly, he’s said that to me privately. I am doing everything that I can to make the best decision for our community.”

In January, Forbes announced that Chattanoog­a would see the largest job growth this year of any city in the country.

“Instead, in March, I am dealing with business closures and scared and desperate owners and employees,” Berke said. “It’s incredibly difficult, and I promise that this is not where I expected to be.”

U.S. Sen. Lamar Alexander, R-tenn., described the governor’s decision to send Tennessean­s home and close businesses as “painful” but necessary.

Joel Ebert, Sam Hardiman and Tyler Whetstone contribute­d to this report.

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