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Home Court filings Calvary Chapel Dayton Valley v. Sisolak Exhibit: Nevada Emergency Directive 021 (Phase Two Reopening Plan) — Calvary Chapel v. Sisolak (D. Nev.)

Court filing

Exhibit: Nevada Emergency Directive 021 (Phase Two Reopening Plan) — Calvary Chapel v. Sisolak (D. Nev.)

Filed June 4, 2020 in Calvary Chapel Dayton Valley v. Sisolak; one of 20 filings from this case.

Record facts

CourtU.S. District Court for the District of Nevada
Filed2020-06-04

U.S. District Court for the District of Nevada · No. 3:20-cv-00303-RFB-VCF · Doc. 38-2 · 2020-06-04 · Docket on CourtListener

Full text

EXHIBIT 15 
Directive 021
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DECLARATION OF EMERGENCY 
DIRECTIVE 021 
PHASE TWO REOPENING PLAN 
WHEREAS, in late 2019, the United States Centers for Disease Control and Prevention began monitoring an 
outbreak of respiratory illness caused by a novel coronavirus first identified in Wuhan, Hubei Province, China; and 
WHEREAS, on February 11, 2020, the International Committee on Taxonomy of Viruses named this novel 
coronavirus "severe acute respiratory syndrome coronavirus 2 (SARS-Co V-2);" and 
WHEREAS, on February 11, 2020, the World Health Organization named the disease caused by SARS-CoV-2, 
"COVID-19:" and 
WHEREAS, the World Health Organization advises that the novel coronavirus that causes COVID-19 virus is 
highly contagious, and spreads through respiratory transmission, and direct and indirect contact with infected 
persons and surfaces; and 
WHEREAS, the World Health Organization advises that respiratory transmission occurs through both droplet 
and airborne transmission, where droplet transmission occurs when a person is within 6 feet of someone who has 
respiratory symptoms like coughing or sneezing, and airborne transmission may occur when aerosolized particles 
remain suspended in the air and is inhaled; and 
WHEREAS, the World Health Organization advises that contact transmission occurs by direct contact with 
infected people or indirect contact with surfaces contaminated by the novel coronavirus; and 
WHEREAS, some persons with COVID-19 may exhibit no symptoms but remain highly infectious; and 
WHEREAS, on March 5, 2020, Clark County and Washoe County both reported the first known cases of 
COVID-19 in the State of Nevada; and 
WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a pandemic; and 
WHEREAS, on March 12, 2020, I, Steve Sisolak, Governor of the State of Nevada issued a Declaration of 
Emergency to facilitate the State's response to the COVID-19 pandemic; and 
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WHEREAS, on March 13, 2020, Donald J. Trump, President of the United States declared a nationwide 
emergency pursuant to Sec. 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 
U.S.C. 5121-5207 (the "Stafford Act''); and 
WHEREAS, on March 14, 2020, I formed a medical advisory team to provide medical guidance and scientifically 
based recommendations on measures Nevada could implement to better contain and mitigate the spread of 
COVID-19; and 
WHEREAS, infectious disease and public health experts advised that minimizing interpersonal contact slows the 
rate at which the disease spreads, and is necessary to avoid overwhelming healthcare systems, commonly referred 
to as "flattening the curve"; and 
WHEREAS, since the March 12, 2020 Declaration of Emergency, I have issued 20 Directives pursuant to that 
order to provide for the safety, wellbeing, and public health of Nevadans and the administration of the State of 
Nevada; and 
WHEREAS, these Directives were promulgated to reduce interpersonal contact and promote social distancing to 
flatten the curve; and 
WHEREAS, data showed that Nevada was one of the top five states in the United States for social distancing; 
and 
WHEREAS, Nevada's medical experts indicate that the rate at which COVID-19 is spreading in the State of 
Nevada has effectively slowed to a level that does not jeopardize the state's healthcare system due, in part, to 
Nevadans following strict social distancing measures individually and pursuant to Directives I issued pursuant to 
the March 12, 2020, Declaration of Emergency; and 
WHEREAS, although the danger to Nevadans from the COVID-19 disease has abated, the disease has not been 
eliminated and measures that protect safety, wellbeing, and public health of Nevadans must remain in effect; and 
WHEREAS, on April 21, 2020, the National Governors Association issued guidance for a staged reopening that 
protects the public's health while laying a strong foundation for long-term economic recovery; and 
WHEREAS, on April 30, 2020, I introduced the Nevada United: R.oadmap to Recovery plan that outlined a phased 
approach to reopening Nevada businesses and industry; and 
WHEREAS, the Nevada United: R.oadmap to Recovery plan set forth a collaborative partnership between state and 
local governments that included the formation of the Local Empowerment Advisory Panel (''LEAP") to serve as 
a resource to local governments and local communities; and 
WHEREAS, on May 9, 2020, the State of Nevada entered Phase One of the Nevada United: R.oadmap to Recovery 
plan; and 
WHEREAS, in the 19 days since Nevada entered Phase One, our state has experienced a consistent and 
sustainable downward trajectory in the percentage of positive COVID-19 cases, a decrease in the trend of COVID-
19 hospitalizations, and a decline in our cumulative test positivity rate from a maximum rate of 12.2% on April 24, 
2020 to 6.3% on May 27, 2020 with a 33-day downward trend; and 
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WEIEREAS, the LEAP develops statewide guidelines for social distancing and phased reopening in consultation 
with local health authorities and other subject matter experts; and 
WEIEREAS, NRS 414.060 outlines powers and duties delegated to the Governor during the existence of a state 
of emergency, including without limitation, directing and controlling the conduct of the general public and the 
movement and cessation of movement of pedestrians and vehicular traffic during, before and after exercises or an 
emergency or disaster, public meetings or gatherings; and 
WEIEREAS, NRS 414.070 outlines additional powers delegated to the Governor during the existence of a state 
of emergency, including without limitation, enforcing all laws and regulations relating to emergency management 
and assuming direct operational control of any or all forces, including, without limitation, volunteers and auxiliary 
staff for emergency management in the State; providing for and compelling the evacuation of all or part of the 
population from any stricken or threatened area or areas within the State and to take such steps as are necessary 
for the receipt and care of those persons; and performing and exercising such other functions, powers and duties 
as are necessary to promote and secure the safety and protection of the civilian population; and 
WEIEREAS, the Nevada Attorney General opined in Opinion Number 95-03 that in times of emergency when 
the Governor's authority under Nevada Revised Statutes Chapter 414 is in effect, the powers of political 
subdivisions to control business activity is limited; and 
WEIEREAS, NRS 414.060(3)(£) provides that the administrative authority vested to the Governor in times of 
emergency may be delegated; and 
WEIEREAS, Article 5, Section 1 of the Nevada Constitution provides: "The supreme executive power of this 
State, shall be vested in a Chief Magistrate who shall be Governor of the State of Nevada;" and 
NOW THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of the State 
of Nevada and the United States, and pursuant to the March 12, 2020, Emergency Declaration, 
IT IS HEREBY ORDERED THAT: 
SECTION 1: To the extent this Directive conflicts with earlier Directives or regulations promulgated pursuant 
to the March 12, 2020 Declaration of Emergency, the provisions of this Directive shall prevail. 
SECTION 2: Consistent with the Nevada United: Roadmap to Recovery plan for a federally supported, state managed, 
and locally executed reopening approach, county governments are hereby delegated the authority 
to impose additional COVID-19 related restrictions on businesses and public activities. 
Restrictions imposed by county government may exceed the standards imposed by Declaration of 
Emergency Directives or set forth under the LEAP guidelines, but in no case shall county-
guidelines be more permissive than the provisions of this Directive. 
SECTION 3: Businesses may adopt practices that exceed the standards imposed by Declaration of Emergency 
Directives, guidelines promulgated by the Nevada State Occupational Safety and Health 
Administration (NV OSHA) or LEAP guidelines, but in no case shall business practices be more 
permissive than the provisions of this Directive or those imposed by NV OSHA and the LEAP. 
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SECTION 4: Businesses perfonning non-retail services, including without limitation, legal services, accounting 
services, or real estate services, are encouraged to conduct business telephonically or virtually to 
the greatest extent practicable. These businesses are encouraged to permit employees to work from 
home to the greatest extent practicable. 
SECTION 5: For the purposes of this Directive, "vulnerable persons" are defined as those who are at heightened 
risk of complications from COVID-19 disease, and include: 
1 
(1) 
Individuals who are 65 years of age and older; 
(2) 
Individuals with chronic lung disease or moderate to severe asthma; 
(3) 
Individuals who have serious heart conditions; 
( 4) 
Individuals who are immunocompromised; 
(5) 
Pregnant women; or 
(6) 
Individuals detennined to be high risk by a licensed healthcare provider. 
SECTION 6: All vulnerable persons are strongly encouraged to stay at home to the greatest extent possible, 
except when necessary to provide, support, perform, or operate necessary activities, minimutn basic 
operations, critical government functions, necessary travel, or essential businesses. 
SECTION 7: The phrase "social distancing" references guidance promulgated by the United States Centers for 
Disease Control and Prevention, including without limitation, maintaining at least six feet of 
physical distancing from other individuals. The phrase "sanitation requirements," "sanitation 
measures," and "sanitation guidelines" includes without limitation, washing hands with soap and 
water for at least twenty seconds as frequently as possible, using hand sanitizer, covering coughs 
or sneezes (into the sleeve or elbow, not hands), regularly cleaning high-touch surfaces, and not 
shaking hands. 
SECTION 8: All Nevadans are strongly encouraged to stay in their residences to the greatest extent possible. 
Recognizing that COVID-19 is still present in Nevada and highly contagious, Nevadans are advised 
that they are safer at home and should avoid interpersonal contact with persons not residing in 
their households to the extent practicable. Nevadans are urged to avoid travel to the greatest extent 
practicable. To reduce the spread of COVID-19 via respiratory transmission, the Nevada public 
should utilize face coverings in public spaces. 
SECTION 9: Pursuant to NRS 441A.180, persons testing positive for COVID-19 shall stay at home and "self-
quaranti.ne" for a minimum of two weeks, except as necessary to care for themselves or seek 
medical care. Persons determined to be in contact with an individual who tested positive for 
COVID-19 must quarantine and stay at home for two weeks, or until a negative test result has been 
received. 
SECTION 10: Section 1 of Directive 007 is hereby further amended to provide that effective 12:01 am on May 
29, 2020, the Nevada general public shall not gather in groups of more than fifty in any indoor or 
outdoor area subject to the limitations of this section, whether publicly owned or privately owned 
where the public has access by right or invitation, express or implied, whether by payment of 
money or not. Section 3 of Directive 007 shall remain in force. 
SECTION 11: Communities of worship and faith-based organizations, including without limitation, churches, 
synagogues, mosques, and temples, are strongly encouraged to offer online and drive-up services 
to the greatest extent possible. Effective 12:01 am on May 29, 2020, consistent with other 
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Directives on public gatherings, houses of worship may conduct indoor in-person services in a 
manner so that no more than fifty persons are gathered, and all social distancing requirements are 
satisfied. This limitation shall not apply to houses of worship offering drive-up services pursuant 
to Section 10 of Directive 016. Houses of worship offering indoor, in-person services are 
encouraged to follow the guidelines promulgated by the LEAP, as well as the following 
provisions that are consistent with other Directives on public gatherings: 
(1) 
Seating must be arranged to ensure a ininimum of six feet of separation between congregants 
who do not reside in the same household. 
(2) 
Participants, including leaders and staff, are encouraged to utilize face coverings to the 
greatest extent practicable. 
(3) 
Houses of worship iµ:e encouraged to stagger services so that the entrance and egress of 
congregants for different services do not result in a gathering greater than fifty persons, and 
to provide proper sanitation between services. 
SECTION 12: All employers must take proactive measures to ensure compliance with the social distancing and 
sanitation guidelines. All employers shall continue to require employees who interact with the 
public to wear face coverings, to the maximum extent possible, and shall abide by all other 
guidelines promulgated by NV OSHA. 
SECTION 13: All businesses must adopt measures that meet or exceed the standards promulgated by NV OSHA 
to :tninim.i2e the risk of spread of COVID-19. All businesses are encouraged to permit their 
employees to work from home to the inaximum extent practicable. NV OSHA shall continue to 
ensure that businesses reopened pursuant to this Directive or otherwise operating during the state 
of emergency provide adequate protections to their workers and adopt sanitation protocols that 
miniinize the risk of spread of COVID-19 among their workforce. NV OSHA shall enforce all 
violations of its guidance, protocols, and regulations. 
SECTION 14: All employers are encouraged to consult guidelines issued by the LEAP for industry-specific 
infonnation for operating in the phased reopening under the Nevada United· Roadmap to Recovery 
plan. 
The LEAP guidelines will be posted on the Nevada Health Response website at 
https: //nvhealthresponse.nv.gov /. 
SECTION 15: To the maximum extent practicable, employers and employees are strongly encouraged to 
incorporate the following protocols into their business operations: 
(1) 
Encourage customers to wear face coverings 
(2) 
Continue to encourage telework, whenever possible and feasible with business operations 
(3) 
Return to work in phases 
( 4) 
Close common areas where personnel are likely to congregate and interact, or enforce strict 
social distancing protocols 
(5) 
Strongly consider special accommodations for personnel who are members of a vulnerable 
population 
(6) 
Encourage employees to do a self-assessment each day in order to check if they have any 
COVID-19 type symptoms, for example, fever, cough or shortness of breath 
(7) 
Practice hand hygiene 
(8) 
Perform frequent enhanced environmental cleaning of commonly touched surfaces 
(9) 
Implement separate operating hours for vulnerable populations 
(10) Provide sign.age advising the public of appropriate social distancing within the facility, 
including six feet of social distancing from other individuals; and 
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(11) Provide readily available hand sanitizer or other sanitizing products for employees and 
customers 
SECTION 16: All employers operating under Phase Two are encouraged to accommodate vulnerable persons and 
workers caring for a child whose school or place of care is closed, or childcare provider is 
unavailable, for reasons related to COVID-19, by promoting telecommuting or other remote work 
options, flexible schedules, or other means. To the greatest extent possible, employers should 
extend similar accommodations to workers who live in the same household as a vulnerable person. 
Upon request, all employers covered by the Families First Coronavirus Response Act ("FFCRA") 
must provide leave to eligible employees as provided by the Act. Employers covered by the 
FFCRA must notify covered employees seeking accommodations of their eligibility. 
The 
provisions of this Section shall be in effect for the duration that the March 12, 2020 Declaration 
of Emergency shall be in effect, unless specifically terminated by a subsequent Directive. 
SECTION 17: All businesses that engage in retail sales may continue to provide retail sales on a curbside or home 
delivery basis, or allow onsite customer access, with a maximum occupancy of 50% based on listed 
fire code capacity. 
Businesses are strongly encouraged to promote home delivery, curbside 
delivery, walk-up, drive-through, or window service whenever possible. Businesses must adopt 
measures promulgated by NV OSHA to minimize the risk of spread of COVID-19 including social 
distancing and sanitation measures, and abide by all other guidance promulgated pursuant to this 
and other Directives. To the maximum extent practicable, businesses must provide services in a 
manner disallowing the formation of queues whereby persons congregate in a manner that violates 
the social distancing guidelines above. All businesses are encouraged to permit their employees to 
work from home to the maximum extent practicable. Retail businesses operating in open-air malls 
or strip malls are expressly permitted to operate under the conditions set forth in this Directive. 
SECTION 18: Effective 12:01 am on May 29, 2020, indoor malls may open to the public, and allow retail 
businesses to operate. Businesses engaged in retail sales at indoor malls are subject to the same 
restrictions as retail businesses operating at other locations, as provided in Section 17 of this 
Directive. Mall operators shall discourage the public from congregating by removing or prohibiting 
access to indoor and outdoor seating, except at food courts. Food courts may reopen to customers, 
but must abide by all restrictions imposed on restaurants pursuant to Section 25 of this Directive, 
including without limitation, sanitation protocols, and social distancing seating requirements. 
SECTION 19: The limitations imposed on drive-in movie theaters in Section 14 of Directive 018 are hereby 
amended to provide that concession stands may serve food and drinks on a prepackaged basis only. 
SECTION 20: Effective 12:01 am on May 29, 2020, non-retail indoor venues, including without limitation, indoor 
movie theaters, bowling alleys, or arcades may reopen to the public. Indoor movie theaters 
operating pursuant to this section must ensure that occupancy shall not exceed the lesser of 50% 
of the listed fire code capacity or fifty persons, and implement measures to ensure that all social 
distancing requirements are satisfied. All other businesses operating pursuant to this section must 
ensure that occupancy shall not exceed 50% of the listed fire code capacity, and implement 
measures to ensure that all social distancing requirements are satisfied. Businesses operating 
pursuant to this Section shall limit food and beverage sales to prepackaged products only. 
SECTION 21: Effective 12:01 am on May 29, 2020, non-retail outdoor venues, including without limitation, 
miniature golf facilities, amusement parks, theme parks may reopen to the public. Businesses 
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operating pursuant to this section must ensure that occupancy shall not exceed 50% of the listed 
fire code capacity, and implement measures to ensure that all social distancing requirements are 
satisfied. 
SECTION 22: Effective 12:01 am on May 29, 2020, musical performances, live entertainment, concerts, 
competitions, sporting events, and any events with live performances may resume, but shall remain 
closed for public attendance. Events held pursuant to this section may be recorded, filmed, 
streamed or broadcast to the public. Live events ordinarily regulated by the Nevada Athletic 
Commission or the Nevada Gaming Control Board must be approved by the applicable board 
prior to the event. All other live events under this Section must be approved by the Nevada 
Department of Business & Industry, Division of Industrial Relations prior to the event. Events 
held pursuant to this Section must additionally comply with all guidance promulgated by NV 
OSHA. 
SECTION 23: Nail care salons and hair salons licensed by the Nevada Board of Cosmetology and barber shops 
licensed by the State Barber's Health and Sanitation shall continue to operate under the Phase One 
conditions set forth in Section 16 of Directive 018. 
SECTION 24: Effective 12:01 am on May 29, 2020, estheticians and salons or businesses that provide aesthetic 
skin services, including without limitation, facials, hair removal, tanning, eyelash services, 
professional make-up artist services, eyebrow threading, and salt therapy, may reopen to the public 
pursuant to all protocols and guidelines promulgated by the Nevada State Board of Cosmetology 
and LEAP, as well as the following provisions: 
(1) 
Partitions or walls between each chair or workstation are strongly encouraged. 
(2) 
Establishments with walls or partitions between stations or chairs may utilize all stations, but 
under no circumstances may more than one customer or client be seated at any given station 
or chair. 
(3) 
Establishments without walls or partitions between stations must only seat customers or 
clients at every other station or chair, or arrange stations or chairs so that a minimum of 6 
feet of separation between customers is maintained. 
(4) 
Establishments must not accept customers or clients on a walk-in basis, and estheticians and 
technicians must not serve or accept appointments for more than one customer at any given 
time. 
(5) 
Customers waiting for appointments must wait outside the facility and must practice social 
distancing by maintaining a minimum of 6 feet of separation between customers not residing 
in the same household. 
(6) 
Make-up application services must use disposable tools or sanitize tools between customers. 
(J) 
Estheticians, technicians, and other employees must wear face coverings while interacting 
with customers and clients. Customers and clients should wear face coverings to the extent 
practicable. 
(8) 
These businesses must follow the Enhanced Sanitation Guidelines for Salons in Response to 
COVID-19 issued by the Nevada State Board of Cosmetology. The Board is directed to take 
action, including the closure of salons and businesses, for all actions by licensees not in 
compliance with these Guidelines for Response to COVID-19. 
(9) 
With the exception of pool usage pursuant to Section 29 of this Directive, steam rooms, 
saunas, portable saunas, vapor baths, salt therapy rooms, hot tubs, and other communal 
facilities shall remain closed to the public. 
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SECTION 25: Restaurants and food establishments shall continue to operate under the Phase One conditions set 
forth in Section 17 of Directive 018, but may additionally utilize tables and serve food within the 
bar area. Establishments operating under this provision shall abide by the following provisions: 
(1) 
Establishments shall require employees to wear face coverings, and should encourage 
customers to wear face coverings to the maximum extent practicable. 
(2) 
Areas within establishments that promote congregation, including without limitation, dance 
floors, arcade areas, billiards, and similar activities shall remain closed to the public. 
(3) 
Customers may sit at and be served at bar tops only if bar top seating is limited such that 
barstools are spaced a minimum of six feet apart from other barstools of other customers 
not in the same party. 
. 
(4) 
Buffets, cafeterias, and self-serve dining facilities shall remain closed until further notice. 
SECTION 26: Section 18 of Directive 018 is hereby amended to provide that effective 12:01 am on May 29, 2020, 
breweries, distilleries, and wineries not licensed to serve food may open to the public subject to the 
following provisions: 
(1) 
Bartenders, waitresses, and other employees must wear face coverings. 
(2) 
The maximum occupancy of these establishments during Phase Two shall not exceed 50% 
of the listed fire code capacity. 
(3) 
Tables, booths, or seats must be spaced, or customers seated a minimum of 6 feet apart from 
other customers not in the same party. Customers sitting at a table or booth must only be 
served via table service and may not order from the bar top area. 
(4) 
Customers may sit at and be served at bar tops only if bar top seating is limited such that 
barstools are spaced a minimum of six feet apart from other barstools of other customers 
not in the same party. 
(5) 
Customers waiting to dine onsite must wait outside the establishment until they can be seated 
and must practice social distancing by maintaining a minimum of 6 feet of separation between 
customers not residing in the same household or in the same party. 
(6) 
Breweries, distilleries, and wineries must continue to operate in a manner consistent with 
worker safety guidelines promulgated by the NV OSHA. 
SECTION 27: The following non-essential businesses shall remain closed during Phase Two of the Nevada United: 
Roadmap to Recovery plan: 
(1) 
Nightclubs 
(2) 
Day clubs 
(3) 
Brothels 
(4) 
Adult entertainment facilities 
SECTION 28: Effective 12:01 am on May 29, 2020, gyms, fitness facilities, and fitness studios, including but not 
limited to dance and yoga studios, may reopen to the public. Gyms, fitness facilities, and fitness 
studios that provide services to ten or fewer people at a time may reopen only if they are able to 
provide services in a manner that does not violate social distancing protocols. Establishments 
providing services to more than ten patrons at a time shall limit customer access so as not to exceed 
a maximum occupancy of 50% based on listed fire code capacity. All gyms, fitness facilities, and 
fitness studios must, without exception, abide by all protocols promulgated by NV OSHA, 
including sanitation protocols. In addition to the protocols promulgated by NV OSHA and the 
LEAP, all gyms, fitness facilities, and fitness studios must abide by the following provisions: 
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(1) 
Employees, trainers, and instructors must wear face coverings to the maximum extent 
practicable, and facilities should encourage patrons to wear face coverings to the maxim.um 
extent practicable. 
(2) 
Regardless of listed fire code capacity, facilities must limit access to patrons to ensure that 
occupancy at any given time does not become sufficiently dense so as to violate social 
distancing protocols. 
(3) 
Equipment must be regulated to ensure a minimum of six feet of social distancing between 
users, and equipment should be moved, designated inoperable, or turned off to ensure that 
social distancing standards are maintained. 
(4) 
Group fitness classes must be limited to ensure at least six feet of separation between 
participants. 
(5) 
Contact sports, including without limitation, martial arts, basketball, wrestling, and boxing 
may only be offered in a manner where participants do not physically contact other 
participants, or activities that require participants to perform within six feet of each other. 
(6) 
Locker rooms, showers, steam rooms, saunas, portable saunas, vapor baths, salt therapy 
rooms, hot tubs, and other communal facilities, not to include restrooms, shall remain closed 
to the public. 
CT) 
Pools may open to patrons, but all pool usage is subject to the provisions of Section 29 of 
this Directive. 
(8) 
Child care facilities in gyms must remain closed. 
SECTION 29: Effective 12:01 am on May 29, 2020, all public aquatic venues, may reopen to the public. For the 
purposes of this Directive, "public aquatic venues" shall mclude without limitation venues operated 
and managed by city and county governments; apartment complexes; home owners associations 
(HOAs); membership clubs including gyms or other privately owned aquatic centers accessible to 
the public through paid memberships or fees; schools; and hotels, motels, resorts, time-shares, and 
other guest lodging facilities. Facilities reopening pursuant to this section must abide by the 
following provisions: 
(1) 
Capacity at all public aquatic venues shall be limited to a maximum occupancy of 50% based 
on listed fire code capacity. 
(2) 
A minimum of six feet of social distancmg between users is required in the pool, the pool 
deck, and any other areas at the facility. This limitation shall not apply to persons residing in 
the same household. 
(3) 
Hot tubs shall remain closed to the public. 
(4) 
Attendees should be encouraged to bring their own towels, equipment, and arrive and 
minimize the ti.me spent in the facility by arri.Vlll.g and leaVlll.g wearing their swimsuit. 
(5) 
Public aquatic venues with locker rooms shall limit access to lockers and locker rooms, but 
should maintain public restrooms and shower facilities and limit the number of users at any 
one ti.me. 
(6) 
Deck layouts and furniture in standing and seating areas must be arranged to maintain social 
distancing standards of at least six feet of separation between persons. This requirement shall 
not apply to persons residing in the same household 
(7) 
In addition to the provisions above, aquatic schools offering swim lessons must require 
instructors to wear face coverings to the maximum extent practicable, and limit access to one 
parent or guardian per student. 
(8) 
Water parks shall control access to the public to ensure that the occupancy does not exceed 
50% capacity based on applicable fire code or is sufficiently high that social distancing 
standards are violated. Water parks shall limit locker room access to restroom usage only. 
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All employees must wear face coverings to the maximum extent practicable. Concession 
sales at water parks must be limited to prepackaged foods only. 
(9) 
In addition to the provisions above, all public aquatic venues are encouraged to abide by all 
other guidelines promulgated by the LEAP. 
SECTION 30: Effective 12:01 am on May 29, 2020, museums, art galleries, zoos, and aquariums may reopen to 
the public. Capacity at these facilities shall be limited to the lesser of 50% based on listed fire code 
capacity or fifty persons. Interactive exhibits which encourage touching must remain closed and 
inaccessible to the public. Facilities operating pursuant to this Section must ensure that employees 
wear face coverings and shall abide by all other guidelines promulgated by NV OSHA. 
SECTION 31: Effective 12:01 am on May 29, 2020, body art and piercing facilities may reopen to the public, 
subject to the following provisions: 
(1) 
Capacity at these facilities shall be limited to a maximum occupancy of 50% based on listed 
fire code capacity. 
(2) 
Partitions or walls between each workstation are strongly encouraged. 
(3) 
Establishments with walls or partitions between workstations may utilize all stations, but 
under no circumstances may more than one customer or client be seated at any given station 
or chair. 
( 4) 
Establishments without walls or partitions between stations must ensure that a minimum of 
6 feet of separation between customers is maintained. 
(5) 
Establishments must not accept customers or clients on a walk-in basis, and artists must not 
serve or accept appointments for more than one customer at any given time. 
(6) 
Customers waiting for appointments must wait outside the facility and must practice social 
distancing by maintaining a minimum of 6 feet of separation between customers not residing 
in the same household. 
Cl) 
Artists, employees, and customers must wear face coverings at all ti.mes. Body art and 
piercings that require mask removal, including without limitation, work around the mouth 
and nose are prohibited. 
(8) 
Access must be limited to customers only; persons accompanying customers must not be 
inside the facility while services are performed. 
(9) 
Artists and facilities operating pursuant to this section must abide by all sanitation and other 
guidelines promulgated by NV OSHA. 
SECTION 32: Effective 12:01 am on May 29, 2020, trade schools and technical schools may reopen to the public. 
Occupancy in classrooms and instructional areas at schools operating pursuant to this Section shall 
be limited to the lesser of 50% of maximum occupancy of based on listed fire code capacity or fifty 
persons, and must abide by all guidelines promulgated by NV OSHA. These provisions shall not 
be construed to limit the reopening plans of Nevada System of Higher Education institutions, 
schools under county school districts, charter schools, and the University School for Profoundly 
Gifted Students. 
SECTION 33: Summer camps may continue to operate pursuant to all applicable licensure, regulatory, and 
statutory requirements and are encouraged to following guidelines issued by the LEAP. 
SECTION 34: Effective 12:01 am on May 29, 2020, massage therapists, massage establishments, and other 
professionals licensed by the Nevada State Board of Massage Therapy may reopen to the public 
subject to the following provisions: 
10 
Exhibit 15, Page 10
Case 3:20-cv-00303-RFB-VCF   Document 38-2   Filed 06/04/20   Page 11 of 13

(1) 
Massage establishments must follow all NV OSHA and Nevada State Board of Massage 
Therapy sanitization guidelines. 
(2) 
Massage therapists, masseuses, and other employees must wear face coverings at all times. 
Establishments should strongly encourage customers to wear face coverings to the maximum 
extent practicable. 
(3) 
Massage therapists and massage establishments must not accept customers or clients on a 
walk-in basis, and must not serve or accept appointments for more than one customer at any 
given time. 
(4) 
Customers waiting for appointments must wait outside the facility and must practice social 
distancing by maintaining a minimum of 6 feet of separation between customers not residing 
in the same household. 
(5) 
Out-call or in-home service are permitted, subject to all sanitation protocols and face 
covering requirements provided in this section. 
(6) 
Establishments, including day and overnight spas, may reopen for massage services as 
allowed in the Phase 2 Directive. Spas or other establishments that open in Phase 2 must 
close and prohibit use of steam rooms, saunas, portable saunas, vapor baths, salt therapy 
rooms, hot tubs, and any other communal facilities ( except for pools as allowed in the Phase 
2 Directive). 
(J) 
Persons licensed by the Nevada State Board of Massage Therapy must abide by all guidelines 
promulgated by the Board. The Board is directed to impose disciplinary measures against 
licensees who violate this provision. 
SECTION 35: Directive 002 and Section 021 of Directive 018 are hereby terminated. The Nevada Gaming 
Control Board shall promulgate requirements for a phased and incremental resumption of gaming 
operations, with openings commencing no sooner than 12:01 am June 4, 2020. Failure of a gaming 
licensee to comply with any such requirements shall be considered injurious to the public health, 
safety, morals, good order and general welfare of the inhabitants of the State, and constitute a 
failure to comply with this Directive. The Nevada Gaming Control Board is hereby authorized to 
enforce this Directive as necessary, including, but without limitation, pursuing disciplinary action 
to limit, condition, suspend, and/ or revoke a license, and/ or impose a monetary fine against a 
licensee in accordance with the Gaming Control Act. 
SECTION 36: Cannabis dispensaries shall continue to operate under the Phase One conditions set forth in Section 
22 of Directive 018. 
SECTION 37: Previous Directives not specifically referenced herein remain in effect for the duration specified in 
those specific Directives or subsequent extensions, unless specifically terminated or extended 
renewed by subsequent Directive. Directive 018 and all Directives incorporated by reference 
within Directive 018 with specific expiration dates are extended until June 30, 2020. 
SECTION 38: Pursuant to NRS 414.060(3)(£), I hereby delegate to state agencies, and each county of this state, 
to include the consolidated municipality of Carson City, and local municipalities, the authority to 
adopt additional protective measures intended to combat the spread of COVID-19, including 
without limitation, stay at home and face covering orders, so long as those measures are at least as 
restrictive as those imposed by all Directives promulgated pursuant to the Declaration of 
Emergency for COVID-19 issued on March 12, 2020. Additional restrictive measures adopted by 
counties and municipalities may be implemented without additional approval by the State. 
11 
Exhibit 15, Page 11
Case 3:20-cv-00303-RFB-VCF   Document 38-2   Filed 06/04/20   Page 12 of 13

SECTION 39: Pursuant to NRS 414.060(3)(f), I hereby authorize all local, city, and county governments, and state 
agencies to enforce this Directive and regulations promulgated thereunder, including but not 
limited to, suspending licenses, revoking licenses, or issuing penalties for violating business, 
professional, liquor, tobacco, or gaming licenses issued by the local jurisdiction for actions that 
jeopardize the health, safety, or welfare of the public; conduct which may injuriously affect the 
public health, safety, or welfare; conduct that may be detrimental to the public peace, health, or 
morals; or any other applicable ordinance or requirement for such a license. 
SECTION 40: The State of Nevada shall retain all authority vested in the Governor pursuant to NRS Chapter 
414. 
SECTION 41: This Directive shall remain in effect through June 30, 2020, unless terminated or extended by a 
subsequent Directive promulgated pursuant to the March 12, 2020 Declaration of Emergency to 
facilitate the State's response to the COVID-19 pandemic. 
12 
IN WITNESS WHEREOF, I have hereunto 
. set my hand and caused the Great Seal of the 
State of Nevada to be affixed at the State 
Capitol in Carson City, this 28th day of May, 
in the year two thousand twenty. 
Exhibit 15, Page 12
Case 3:20-cv-00303-RFB-VCF   Document 38-2   Filed 06/04/20   Page 13 of 13

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