Coronavirus

Private businesses in Georgia can refuse to comply with local COVID mandates, Kemp says

Gov. Brian Kemp signed an executive order Thursday allowing private businesses in Georgia to refuse to comply with any local COVID-19 mandates as cases continue to surge statewide.

“Local governments will not be able to force businesses to be the city’s mask police, the vaccine police or any other burdensome restriction that will only lead to employees being let go, revenues tanking and businesses closing their doors,” Kemp said in a news conference.

The executive order states that any organization may voluntarily follow any local ordinance enacted through emergency authority or a declaration of emergency related to COVID-19. Live performance venues may implement additional measures in collaboration with performers, organizers and other stakeholders.

However, the order makes clear that no organization or sports team can be compelled to enforce any COVID-19 restrictions mandated by local government, and that local law enforcement can’t enforce any such ordinances.

Public school districts do not fall under this executive order because they are not in the private sector. Local governments may implement restrictions in their own buildings and events, Kemp said.

The executive order affects cities like Atlanta and Savannah, which have indicated that more restrictions could be coming as COVID-19 cases surge. Kemp said the moves by local governments in the two cities directly affected his decision to issue the order, and that he believes the law is on his side.

“We definitely have the legal authority to take this step, or I wouldn’t be doing it,” he said.

The intention of the order is to provide consistency with regulations for the private sector after a year of uncertainty created by the response to the pandemic, Kemp said. Private businesses will not have to worry or plan for a potential shutdown.

In a press conference Monday, Kemp said he would not support a statewide shutdown or mask mandate. Georgians know the risk of the virus and that the vaccines are the tools available to prevent serious illness, he said.

On Thursday, Georgia reported 7,051 confirmed new cases of COVID-19 and 46 deaths, according to the Georgia Department of Public Health. In the last two weeks, Georgia’s COVID positivity rate has been 17%.

This story was originally published August 19, 2021 at 4:09 PM.

Brittany McGee
Columbus Ledger-Enquirer
Brittany McGee is the community issues reporter for the Ledger-Enquirer. She is a 2021 graduate of the University of North Carolina at Chapel Hill, where she earned her bachelor’s degree in Media and Journalism with a second degree in Economics. She began at the Ledger-Enquirer as a Report for America corps member covering the COVID-19 recovery in Columbus. Brittany also covered business for the Ledger-Enquirer.
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