Wolf Extends Maximum Indoor and Outdoor Event and Gathering Capacity Limits, Updates Masking Order

Beginning today, the Wolf administration is amending its mitigation orders for events and gatherings to increase capacity limits from 25 to 50 percent for indoor events and from 50 to 75 percent for outdoor events.

According to an administration press release, an event or gathering is defined as “a temporary grouping of individuals for defined purposes, that takes place over a limited timeframe, such as hours or days. For example, events and gatherings include fairs, festivals, concerts or shows and groupings that occur within larger, more permanent businesses, such as shows or performances within amusement parks, individual showings of movies on a single screen/auditorium within a multiplex, business meetings or conferences, or each party or reception within a multiroom venue.”

As previously announced a majority of the state’s mitigation orders – including all capacity limitations – will be lifted on Memorial Day.

The administration has also confirmed that the state’s masking order for fully vaccinated individuals reflects the most recent guidance from the CDC.  The CDC issued updated guidance last week stating that fully vaccinated individuals can resume most activities without wearing a mask or practicing social distancing.  There are a few exceptions, including when in healthcare settings, transportation hubs (such as an airport, bus or train stations, etc.) or when required by local ordinance, businesses and workplaces.  Additionally, OSHA is directing employers to refer, for now, to CDC guidelines for workplace policies related to employees, but has indicated its intention to update their guidance, which had previously called for employees to wear masks regardless of vaccination status.

In an interview with the Daily Item, PA Chamber President and CEO Gene Barr said that while the updated CDC guidance is welcomed news and shows that things are improving, it does put businesses in a tough position when it comes to enforcing the mask mandate for non-vaccinated individuals.  Barr went on to note that this development in masking guidance further highlights the need for targeted COVID-19 liability protections for businesses.

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