Puerto Rico lockdown lifted; most businesses and tourism reopen

On June 12, 2020, the Governor of Puerto Rico issued Executive Order OE-2020-44, significantly reducing the curfew and ending the lockdown that had been in place since March 16 due to the COVID-19 pandemic.

Beginning on June 16, the lockdown will be eliminated and people may be outside their homes for any reason, subject to a curfew from 10 pm to 5 am, which will remain in force until at least June 30, 2020.

Businesses will be allowed to open from Monday to Sunday, subject to the curfew restrictions. The Order allows for the reopening of most industries and a broader schedule for businesses which previously had limited operating hours. Each business will be responsible to ensure that everyone wears a face covering and follows social distancing and hygiene measures. Businesses must also design and submit an exposure control plan to protect employees. Please refer to our previous alert with regard to this requirement.

Several industries or activities will be subject to additional restrictions, mainly related to the number of clients they may receive at a time:

• Restaurants and bars will be allowed to provide services on site, but only up to 50 percent of their indoor capacity and while observing social distancing in their open space areas; a reservations system is recommended.
• Fast food restaurants must encourage persons to maintain 6 feet of distance, including lines and between tables.
• Wholesale and retail stores in general (including hardware stores, auto dealers, repair shops, armory stores, travel agencies, and advertising agencies) and strip malls or open-air shopping centers will be limited to 50 percent of their capacity. Enclosed shopping malls will be limited to one person for each 75 square feet.
• Laundromats will be limited to 50 percent of their capacity and laundry and dry cleaner stores must implement scheduled clothing drop-offs and pick-ups (electronically or by phone).
• Car wash and vehicle inspection services should operate by appointment to avoid having several clients waiting at the same time.
• Barber shops, beauty salons, aesthetic clinics and spas may operate by appointment only and are permitted to have only one client per service provider at any given time.
• Gyms will be limited to 50 percent of their capacity and must take measures to maintain 6 feet of distance between persons.
• Elective surgeries in hospitals will be allowed as long as the use of ventilators and beds for intensive care in the hospital remains below 50 percent of the hospital’s capacity.
• Movie theaters may operate, but must sell tickets electronically and take measures to maintain 6 feet of distance between persons. Drive-in theaters may also operate, selling tickets electronically.
• Museums may operate at 50 percent of their capacity and must sell tickets electronically and take measures to maintain 6 feet of distance between persons.
• Funeral homes will be limited to 50 percent of their capacity for services.
• Banks may conduct mortgage closings by appointment, one client at a time, and must advance documentation by electronic means to reduce transaction time.
• Professional services providers, including lawyers, notaries and accountants, may reopen, taking measures to avoid gatherings of clients.
• Real estate agents may carry out showings of unoccupied properties.
• Repair and maintenance services should coordinate their services electronically.

Educational services should continue to be provided remotely. However, laboratories and practice centers in universities may reopen to allow students to finish their courses. Private schools will be authorized to provide virtual summer camps from their campuses. Childcare centers may start preparing their facilities on June 16, 2020 to resume operations starting on July 1, 2020. Public and private schools and higher education institutions may reactivate personnel to prepare their facilities for the next semester, but no date has been set for when in-person classes may resume.

Governmental agencies will resume operations gradually.

Tourism and recreation

The tourism, recreation and entertainment industries will resume operations progressively. Beaches, nature reserves, golf courses, public parks, sports courts and pools are open, but their use may be limited by municipalities. Social gatherings at the beach are now allowed in small groups, following social distancing measures. Personal boats may be used for recreational purposes.

Open air activities and sports may be promoted, and equipment for these activities may now be rented. Sports that may be practiced include running, walking, cycling, surfing, sailing, paddling, and golfing. Training in small groups, without close physical contact or competition, is allowed for several sports, including martial arts, boxing, tennis, basketball, volleyball, baseball, football, and swimming.

Horse races may be conducted with public spectators, and horse race betting agencies may begin operating again, each limited to 50 percent of their capacity.

Starting on June 16, 2020, tour companies and adventure attractions may operate, limited to 50 percent of their capacity. Hotels and other lodgings may reopen their common areas, limited to 50 percent of their capacity.

If contagion levels remain under control, Puerto Rico will begin promoting tourism for international travelers starting on July 15, 2020. As of the publication of this article, tourists may visit Puerto Rico, but are requested to begin their visit by staying at their lodgings for 14 days.

Starting on June 16, 2020, drive-in concerts, presentations and other activities in open spaces are allowed. Tickets to these events must be sold electronically. Starting on July 1, 2020, concerts and other events will be allowed in public venues, following social distance measures, including keeping six feet of space between persons.

Casinos, game arcades, and dance halls will remain closed for the time being.

Persons with COVID-19 symptoms or who have been in contact with someone diagnosed with COVID-19 must be quarantined for 14 days.

If you have any questions regarding these new requirements and their implications, please contact the authors or your DLA Piper relationship attorney.

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This information does not, and is not intended to, constitute legal advice. All information, content, and materials are for general informational purposes only. No reader should act, or refrain from acting, with respect to any particular legal matter on the basis of this information without first seeking legal advice from counsel in the relevant jurisdiction.