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Client Alert: Mayor Bowser Lifts Capacity Restrictions and Announces DC to End Most COVID-19 Mitigation Measures on May 21, 2021

On May 13, 2021, the U.S. Centers for Disease Control and Prevention issued new COVID-19 public health recommendations for fully vaccinated people, stating that, “fully vaccinated people no longer need to wear a mask or physically distance in any setting, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.”[1] The justification behind the new guidance is that, “[c]urrently authorized vaccines in the United States are highly effective at protecting vaccinated people against symptomatic and severe COVID-19. Additionally, a growing body of evidence suggests that fully vaccinated people are less likely to have asymptomatic infection or transmit SARS-CoV-2 to others.”[2]
 
On May 17, 2021, DC Mayor Bowser issued a situational update (“Update”) and Order 2021-069 (“Order”) which lifted substantive COVID-19 restrictions and requirements imposed by all previous Mayor’s Orders. On May 18, 2021, the Mayor’s office issued a separate and updated Health Guidance regarding mask mandates (“Guidelines”). Below is a summary of what is contained in these Orders and Guidelines.
 

• Beginning on Friday, May 21, 2021, at 5:00 a.m., the District’s common interest communities will not be required to impose capacity restrictions, social distancing (for fully vaccinated people), or other COVID-19 mitigation measures that were previously mandated. Association facilities may resume normal operations at that time and should operate in compliance with the Association’s governing documents.

 

• Pools and Fitness Centers can reopen as soon as tomorrow, May 21, 2021, (one week before Memorial Day weekend) with normal operations, and with “no capacity limits beyond those of their Certificates of Occupancy, no COVID-19 related time limits, and no COVID-19 related restrictions on activities.”[3]

 

• Fully vaccinated people no longer need to wear masks under most circumstances, indoors or outdoors.[4]

 

• Individuals who are unvaccinated or not fully vaccinated are still strongly encouraged to take preventative measures, which includes wearing masks, and maintaining at least six feet of social distance.

 
The Update issued by the Mayor also states that “[i]f a business posts a sign indicating that masks are required, then you must wear a mask to go in.”[5] Therefore, common interest communities may still require that masks be worn in on-site management offices by putting up a sign indicating that masks are required, regardless of vaccination status. We are not recommending, however, that common interest communities attempt to determine whether a person has been fully vaccinated or attempt to exclude any person from using Association facilities based on their vaccination status.  Doing so could conflict with other regulations, such as the Fair Housing Act, and is beyond the Association’s reasonable enforcement abilities.
 
Please note that this Alert is current as of May 20, 2021. The District’s restrictions and guidance can change unexpectedly, so please be aware that any such changes will impact our recommendations for how Associations can remain in compliance.