DECLARATION OF EMERGENCY DIRECTIVE 034
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-CoV-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 transmission occurs through both droplet and airborne transmission, where droplet transmission occurs when a person is in close proximity to someone who is infected with COVID-19; 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, 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
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 33 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, Nevada's hospitalization rate for suspected and confirmed COVID-19 cases has trended downward since the beginning of August 2020; and
WHEREAS, the lack of opportunities for social connections and typical life events for our youth, such as interacting with peers in-person during athletic events, increase the risk of isolation, anxiety, depression, substance abuse, and unrecognized distress; and
WHEREAS, youth participation in recreational and competitive sports promotes healthy connections with other caring adults who are trained to detect youth distress and signs of abuse and neglect; and
WHEREAS, re-engaging in sports activity in a balanced way has physical, mental, and psychological benefits for youth and adults, including overall fitness and well-being; reducing isolation; and returning to a more structured routine and healthy interaction.
WHEREAS, 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
WHEREAS, 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
WHEREAS, NRS 414.060(3)(f) provides the administrative authority vested to the Governor in times of emergency may be delegated; and
WHEREAS, 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:
EMERGENCY DECLARATION DIRECTIVE 034 HEREBY ORDERS:
||The limitations imposed by previous Directives or regulations are hereby superseded by the explicit provisions of this Directive. Any provisions not addressed by this Directive shall remain in force as provided by previous Directives or regulations promulgated pursuant to the March 12, 2020 Declaration of Emergency.
||The provisions of this Directive shall not be construed to apply to sporting events and activities regulated by professional sports leagues or associations, including without limitation, the National Football League, the National Hockey League, Major League Baseball, or the National Basketball Association.
The provisions of this Directive shall not be construed to apply to sporting events regulated by the
Nevada State Athletic Commission.
The provisions of this Directive shall not be construed to apply to sporting events regulated by the
National Collegiate Athletic Association.
For the purposes of this Directive, sporting activities shall be categorized as follows:
- Full-contact and close-contact sports: Sports that require or are likely to have routine or sustained close proximity or physical contact between participants, and including without limitation, football, rugby, wrestling, cheerleading, basketball, hockey, group dance, group cheer, water polo, lacrosse, boxing, and martial arts.
- Minimal-contact sports: Sports that are characterized by some close, sustained contact, but with protective equipment in place between participants, characterized by intermittent close contact, or characterized by its use of equipment that cannot be cleaned between participants, including without limitation, softball, baseball, soccer, volleyball, and flag football.
- Non-contact sports: Sports that can be done individually, do not involve person-to-person contact and do not routinely entail individuals interacting within six feet of one another, including without limitation, tennis, pickle ball, swimming, golf, cross-country, track and field, sideline or no-contact cheer and dance, snow skiing, snowboarding, cycling, swimming, diving, disc golf, horseback riding, and figure skating.
||Section 3 and Section 4 of Directive 023 are hereby terminated. Youth and non-professional adult organized minimal-contact and non-contact sporting activities may resume, subject to the limitations set forth in this Directive.
||Full-contact sports may resume only on a limited basis for athletic conditioning, drills, and practices in which dummy players, sleds, punching bags, and similar equipment are used, but athletes do not come into contact with other players.
Sporting events operating pursuant to this Directive are subject to the gathering restrictions set forth
in Section 11 of Directive 033.
||Event organizers shall ensure that all spectators maintain social distancing, as defined by Section 4 of Directive 033.
||Event organizers are subject to Section 6 and Section 9 of Directive 024 and shall ensure that all spectators comply with the facial covering requirements of Directive 024.
||Leagues and associations beginning competition, games, matches, or league play or facilities and venues intending to host games, matches, leagues, or tournaments pursuant to this Directive must adopt a Preparedness and Safety Plan that conforms to guidelines that will be promulgated pursuant to this Directive. Such plans must be approved by the Nevada Department of Business and Industry ("B&I") or a constituent agency prior to the resumption of sporting activities pursuant to this Directive. Teams, coaches and athletes are responsible for abiding by the rules and requirements set forth in their applicable Preparedness and Safety Plan.
||Organized teams are strongly encouraged to adopt their own team specific Preparedness and Safety Plan that conforms to their applicable league Preparedness and Safety Plan and the guidelines that will be promulgated pursuant to this Directive.
||Section 7 of Directive 028 is hereby amended to allow county school districts, charter schools, and private schools to permit the use of their athletic fields, facilities, and sporting venues as determinized by their governing authority. Student athletics training, practices, and competition may reopen in accordance with guidance promulgated by the NIAA and any applicable conditions set forth by this and subsequent Directives regarding allowable sports and athletic events.
||This Directive shall become effective 12:01 a.m. on October 3, 2020, and remain in effect until terminated 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 or upon dissolution or lifting of the Declaration of Emergency.