Review of Executive Order GA 23 (May 18, 2020)
Dr. Jim Turnbo
I’m a preacher, not an attorney. But as your missionary I have followed the changing landscape of COVID 19 since the beginning. I continue collaborating with colleagues across Texas, seeking the best analysis and recommendations for you. With this in mind, here is my review of Executive Order GA 23, issued yesterday by Governor Greg Abbott. Please keep in mind, Governor Abbott’s orders may change depending on continued spread of COVID 19.
You may download Executive Order GA 23 from this link.
1. The core of the order is this statement:
“In accordance with guidance from DSHS Commissioner Dr. Hellerstedt, and to achieve the goals established by the President to reduce the spread of COVID-l 9, every person in Texas shall, except where necessary to provide or obtain Covered Services, minimize social gatherings and minimize in-person contact with people who are not in the same household. People over the age of 65, however, are strongly encouraged to stay at home as much as possible; to maintain appropriate distance from any member of the household who has been out of the residence in the previous 14 days; and, if leaving the home, to implement social distancing and to practice good hygiene, environmental cleanliness, and sanitation.”
2. In reading GA 23 you will notice a change in the language, from “essential services” to “covered services.” This references a Department of Homeland Security document defining specific critical infrastructure jobs as “covered services”. In GA 23 the Governor adds “religious services conducted in churches” to these covered services.
Accordingly, religious services (most commentators believe this includes ministry activities as well as worship services) are allowed to continue and “are not subject to the conditions and limitations, including occupancy and operating limits, set forth below for other covered services.”
This statement appears to declare that at least the worship services, and likely other ministry activities, are not legally bound to any conditions or capacity limits. But…
3. Page 7 of GA 23 says “Religious services should be conducted in accordance with the joint guidance issued and updated by the attorney general and governor.” This refers to Guidance for Houses of Worship During the COVID 19 Crisis, most recently revised April 27, the basis for most of the steps churches have followed since GTBN congregations have resumed public worship activities.
Reference to this document suggests the Governor is asking churches to continue conducting their activities remotely and that “services that houses of worship do not conduct remotely should be conducted in accordance with the minimum health protocols described…”.
So, while churches have no percentage occupancy level as do theaters and other business, and are likely not legally bound to any conditions, it appears that they are expected to follow social distancing, respiratory etiquette, and sanitation protocols, and to continue remote ministry where possible. In this sense, GA 23 should not be taken as support for the full resumption of pre-COVID 19 ministry activities.
4. While religious services are covered services, opinions differ regarding the status of church office staff. GA 23 line 14 allows the reopening of “Non-CSA services provided by office workers in offices that operate at up to the greater of (i) ten individuals, or (ii) 25 percent of the total office workforce; provided that the individuals maintain appropriate social distancing.”
Because office functions do not usually correlate with religious services, many believe the office staff limitations are applicable to churches. Multi-staff churches will need to consider how to proceed. The Governor’s task force has a checklist for minimum health protocols for office-based employers here. A similar checklist for office employees is here.
5. What about children’s ministries? The initial statement that “covered services are not subject to the conditions and limitations” implies that the full resumption of children’s programs is allowable under the order. Though not mentioned in the order, the Governor in his press conference mentioned Vacation Bible School specifically.
While there may not be any legal obligation, though, the statement I refer to in paragraph 3 above suggests that social distancing and sanitation protocols remain prudent. Though not quite in the same league, I have linked to the guidance for childcare facilities for your consideration. Guidance for day camps may be helpful as you consider VBS options.
Leaders across the country have suggested that parents will be more open to their child’s participation in church activities once the schools resume. GA 23 does allow for on campus learning at public school campuses as of June 1. Attendance is voluntary, so the participation level should indicate how ready people are to commence other interactive environments for their kids.
6. And youth ministries? As I read the documents, youth ministries on the church campus are allowed under the order, provided social distancing is practiced. Youth ministries will likely resume much sooner than children’s ministries.
7. Finally, what about camps? GA 23, paragraph 21, line b, states that youth camps can open as of May 31st. The protocols for operation are linked here. They are cumbersome, including a 25% of capacity limit for pools, sanitations plans, limiting in and out access for staff (which would include personnel who would normally come in for the day to lead specific activities), and the request for staff to arrive at camp 10 days before sessions begin to assure they do not have the virus. Furthermore, when students are assigned cohorts by age or dorm, those cohorts are discouraged from intermingling in camp activities. This suggests a camp experience unlike any we have experienced before.
Most camps for summer 2020 have been cancelled. The few that have not are assessing how they might function given the limitations. Many people believe that, even if a camp could function, because of the financial difficulties families have experienced and continued COVID 19 concern, attendance would be quite small. Several GTBN churches have already planned alternative events.
Conclusions
For the church, it appears there is no legal obstacle to resumption of “religious services,” but we are requested to continue exercising health and safety protocols. Office staffing is likely limited to the greater of 10 or 25% of staff.
As always each church will need to consider your specific situation in determining how to proceed. Given the heightened risk to elder persons and those with serious medical conditions, asking these individuals to delay attendance or service, especially in children’s programs, is wise, as is the continued observance of the social distancing and other health protocols.
GA 23 does not provide as much clarity as I had hoped, but I expect that clarity to come over the next several days, perhaps with revision of the Governor’s and Attorney General’s guidance. Until then, as information comes in I will be sure and pass it along to you.
Blessings,
Bro. Jim