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Client Alert: New Guidance on DC Vax Orders

The COVID-19 pandemic has necessitated a constantly-changing legislative landscape, requiring legislative bodies and their constituents to remain flexible in order to combat the virus.  On November 24, 2021, the Omicron variant was first reported to the World Health Organization (WHO).[1]  Shortly thereafter on December 1, 2021, the first U.S. case of Omicron was identified, and reported cases in the District of Columbia has increased exponentially ever since.[2]
 
In response to the rise of the Omicron variant in the District of Columbia, Mayor Muriel Bowser issued Mayor’s Order 2021-148 (the “Order”), creating a District-wide vaccination entry requirement for certain locations.  The Order requires individuals twelve (12) and up to have one dose of a vaccine no later than January 15, 2022, and for individuals twelve (12) and up to be fully vaccinated by February 15, 2022.  Further, the Order requires individuals to show proof of vaccination against COVID-19 in gyms, fitness studios, any facilities used for group fitness classes, and recreation centers.  Importantly, the Order requires business to “display prominently, visible to patrons prior to entry, a notice informing patrons that proof of vaccination is required to enter any indoor portion of a covered location.”  As it is common for D.C. community associations to have gyms, fitness studios, and recreation centers, the Order caused confusion for D.C. community associations because many did not know if community associations were subject to the requirements of the Order.
 
On January 6, 2022, D.C. issued additional guidance regarding the Order, providing clarity for community associations.  Specifically, the D.C. Department of Health clarified that the Order does not apply to gyms, fitness studios, any facilities used for group fitness classes, and recreation centers in private residential buildings such as condominium associations and housing cooperatives that are not open to the public.  For example, if your gym, fitness studio, facility used for group fitness classes, and/or recreation center sells memberships to the public or otherwise accepts members of the public, the Order and its requirements do apply.  The additional guidance issued by D.C. also confirms that private meeting spaces in residential buildings do not require verification of vaccination status, further differentiating most D.C. community associations from the businesses subject to the Order.
 
Please contact a Whiteford, Taylor & Preston, LLP community association attorney for any advice based on your association’s specific needs, or if you have any questions regarding the Order.