Third Revised Order Regulating Gatherings

• Massachusetts
• Business
• Miscellaneous

Businesses and other organizations designated as Phase I, Phase II, or Phase III entities that are permitted to open their brick-and-mortar premises to workers and the public shall not be subject to the general gathering limitations of this Order if the enterprises are in compliance with relevant sector-specific COVID-19 safety rules and any related capacity limitations issued by the Department of Public Health, the Department of Labor Standards, the Massachusetts Gaming Commission, or the Department of Energy and Environmental Affairs. Phase IV entities and venues shall remain closed in accordance with COVID-19 Order 43 (available here).

Gatherings for Political Expression and Religious Activities. Outdoor gatherings for the purpose of political expression and for religious activities are not subject to capacity limitations; provided, however, that indoor gatherings for the purposes of political expression shall be governed by the indoor limitations of this Order, and gatherings for the purpose of religious services shall follow the COVID-19 safety rules and capacity limitations set forth in the Places of Worship sector-specific guidance (available here).

Indoor and Outdoor Gathering Limits. Indoor gatherings are limited to 8 persons per 1,000 square feet of accessible, indoor floor space, and not more than 25 persons within a single enclosed, indoor space. Outdoor gatherings are limited to 25% of the maximum permissible occupancy of the facility as documented within the facility’s building permit or other municipal record, or 8 persons per 1,000 square feet if there is no recorded occupancy limitation, and not more than 50 persons in a single outdoor space.

All persons in indoor and outdoor gatherings must maintain at least 6 feet of physical distance from every other person in the gathering, except for those who are members of the same household. Gatherings where it is not reasonably possible for all persons to maintain at least 6 feet of separation from each other are prohibited.

Gatherings subject to capacity limitations include but are not limited to community, civic, public, leisure, sporting events, concerts, conferences, conventions, fundraisers, fairs, festivals, and other similar events or activities. Except as provided in Sections 1 and 2 of this Order (available here), this restriction applies to gatherings in all public and private venues and locations in the Commonwealth, including private homes, backyards, parks, athletic fields, and parking lots.

Gatherings for programs, celebrations, social outings, and similar events that draw together groups of people are subject to capacity limitations when they take place within large, unenclosed public spaces such as beaches, parks, and recreation areas or within any other indoor or outdoor space, public or private, that falls within the scope of this Order.

Face Coverings. For gatherings of more than 10 persons, all persons over the age of two must wear a face covering when they attend indoor and outdoor gatherings where persons other than those in the same household will be in attendance, unless a medical or disabling condition prevents them from wearing a face covering. This mandatory face coverings requirement applies to gatherings in all venues and locations, including private homes, backyards, parks, athletic fields, and parking lots.

Exceptions. The Order does not apply to any municipal legislative body, the state legislature, or the judiciary; polling places; residential schools for special needs students; and emergency child care programs.

Enforcement. The Department of Public Health, local boards of health and their authorized agents, and State and municipal police are authorized to enforce this Order. Violation of the terms of this Order may result in a civil fine of up to $500 per violation. This Order may also be enforced by injunction, in which a motion may be filed in the district court or any other court of competent jurisdiction for the municipality in which the violation has been charged. The Alcoholic Beverages Control Commission or a local licensing authority may, after notice to the licensee and a reasonable opportunity to be heard, suspend, revoke, or cancel a license for the sale or service of alcoholic beverages or take other appropriate enforcement action upon satisfactory proof that the licensee has violated or permitted a violation of this Order.

The Second Revised Order Regulating Gatherings Throughout the Commonwealth (COVID-19 Order No. 44, available here) is rescinded effective 12:01 am on August 11 2020.

Government or Lead Agency

Office of the Governor

Dates Available

Effective at 12:01 am on August, 11, 2020 and shall remain in effect until rescinded or until the state of emergency is ended, whichever occurs first

Contact for More Information

Questions can be directed to covid19.biz@mass.gov.

List of Additional Information

The Executive Order is available here and additional information regarding the Order can be found here.

The Executive Orders regarding Essential Services and the phased reopening can be found here, here, here, here, and here.

A detailed list of COVID-19 Essential Services can be found here.