Gov. Bill Lee is refusing to rule out a renewal of his “safer at home” order in case COVID-19 cases start to ramp up again as people go back to work.

“Depending on what happens, there’s nothing off the table. Never has been,” the governor said in response to questions during his Monday, April 27, 2020, press conference. “We make adjustments to protect the public safety. That’s what we’ve done all along. When there’s an imminent public danger, we make decisions. And when there is a public safety threat that is changing and that is unexpected for some reason, then certainly there’s nothing off the table”

Restaurants open in adjoining counties, but lunch crowds are small

Restaurants in 89 of the state’s 95 counties have been allowed to reopen at 50% capacity, though Shelby and Davidson counties weren’t among those after local officials were allowed to set their own economic restart plans. Retail stores, following hygiene guidelines such as the use of personal protective equipment, will be allowed to open Wednesday, April 29, at 50%, and hospitals can follow with their own strategies Friday, May 1, when the governor’s “safer at home” order is lifted.

Tennessee Hospital Association’s Board of Directors approved a plan last week for resuming elective procedures, according to Executive Director Wendy Long. She pointed out hospitals had suspended those types of surgeries even before the governor made an executive order in March to preserve hospital beds and personal protective equipment.

Hospitals want to be “methodical” and determine what happens with the threat of the virus as they take a cautious return to elective procedures, Long said.

The timing and approach will be determined at the community level and tests run by hospitals to make sure they’re prepared to resume work, Long said. Hospitals must have plans in place to protect the public and staff.

Lee: hospitals can resume elective surgeries Friday

The governor said his administration is watching case counts, hospitalization numbers, positive rates and expanded testing results to determine what adjustments might need to be made.

“We believe we can do this in a way that doesn’t overload our health care system,” Lee said.

He acknowledged the state has a “backup strategy” in case of a surge but noted he believes that can be prevented.

With restrictions on restaurants lifted and retail to follow Wednesday, the governor said he doesn’t believe enforcement will be needed.

“We’re in a strategy to loosen restrictions,” he said, not “impose” more rules on businesses.

Still, he said the state will “work” with “bad operators” if necessary. Lee pointed out county health departments have the authority to investigate restaurants and force them to comply with state guidelines.

State employees’ extension

While restaurant, retail and hospital workers return to their jobs this week, the governor extended the alternative work solution for nonessential employees in the executive branch until May 26, meaning more than 20,000 state workers will be allowed to remain on the job at home for another month, according to Connie Ridley, director of the Office of Legislative Administration. Some “site critical” employees could return sooner under the governor’s phased approach.

Nevertheless, legislative branch employees will return to the Cordell Hull Building Monday, May 4, to prepare for the upcoming legislative session, which is set to begin June 1, according to Ridley.

“The building’s unique configurations and limited amount of open work spaces will allow for staff to adhere to current medical guidance in order to protect their health, enabling them to safely work within the building,” Ridley said in an email.

Federal and state offices and services are excluded from Nashville Mayor John Cooper’s “safer at home” order, which expires May 5 and applies only to people not working in “essential activities,” according to Ridley.

State can overrule cities

Attorney General Herbert Slatery issued an opinion Monday determining the governor has authority during emergencies such as the COVID-19 crisis to place restrictions on social gatherings and business operations, as well as the ability to override local decisions.

Mayors in Shelby and Davidson counties enacted “safer at home” orders about a week before the governor, and they are lifting them about a week later, too.

Last week, people rallied at the State Capitol for two days, challenging the governor’s “safer at home” order and his decision to shut down businesses deemed “nonessential.” Some raised questions about the constitutionality of the governor’s orders.

In his opinion, Slatery pointed to state law which provides “a broad grant of authority … that the General Assembly has vested solely in the office of the governor — to assume control over all aspects of the state’s response to an emergency such as the COVID-19 pandemic.”

One section of state code says: “The governor may assume direct operational control over all or any part of the emergency management functions within this state … and is authorized to delegate such powers as (he) may deem prudent.”

First phase reopening plans include restaurants, retail and elective surgery

“The General Assembly clearly intended the governor’s emergency management powers to be exclusive and to override any action taken by political subdivisions and local agencies that conflicts with the governor’s executive orders. This avoids the unmanageable predicament of multiple governmental actions in the midst of an emergency. The General Assembly specified one authoritative voice on state-wide emergencies,” Slatery said in his opinion.

Lt. Gov. Randy McNally and House Speaker Cameron Sexton requested the opinion.

Some confusion about the reopening of the state’s economy came out of Hamilton County over the weekend after the Governor’s Office clarified a statement allowing six of Tennessee’s largest counties to set their own plans and time frames.

Chattanooga Mayor Andy Berke, a Democrat, said he had no plan to reopen the economy. But Hamilton County Mayor Jim Coppinger, a Republican, pledged to follow the “Tennessee Pledge,” which set the earlier time frame for businesses to start operating. Berke apparently just found out the governor’s order supersedes his order.

Lee’s Administration said over the weekend it would be up to county leaders, specifically the county health departments of those six counties, which would include Shelby and Davidson, to schedule business openings.

In Shelby, decisions have been announced primarily by Memphis Mayor Jim Strickland in conjunction with Shelby County Mayor Lee Harris, then followed by the county’s smaller cities.

Shelby, Davidson, Hamilton, Knox, Madison and Sullivan counties have health departments that operate independently of the state. Lee said Monday he had spoken with every municipal mayor in the state, but he noted the county health departments “drive those decisions.”