On October 16, 2020, Governor Pete Ricketts announced new directed health measures to go into effect on October 21st to combat the spread of COVID-19. In a press conference, the governor announced changes to existing measures and reiterated the importance of avoiding crowded places, close contact with other persons, and confined spaces.

New health measures include:

  • Requiring hospitals offering elective procedures to reserve at least 10% of general and ICU beds for the treatment of COVID-19 patients.
  • Prohibiting hospitals from transferring COVID-19 patients to create capacity for elective procedures.
  • Limiting indoor venues to 50% occupancy, not to exceed crowds of 10,000,
  • Limiting outdoor venues to crowds of less than 10,000,
  • Limiting group sizes to 8 individuals or less at bars, restaurants, or other gatherings,
  • Allowing for full capacity at wedding venues with limitations on events that require guests to gather outside of their respective tables, and
  • Requiring plans for reopening or expanding capacity of indoor or outdoor venues holding more than 500 or more individuals (1,000 or more in counties over 500,000 population) to be submitted to local health departments for approval. Reopening plans must contain planned number of guests, how the location will meet social distancing guidelines, and sanitation guidelines.

Notably, the definition of “gathering” under the directed health measures refers to a convening of patrons, customers or other invitees, excluding staff, in a single space. Thus, an office that does not host customers or other patrons with regularity does not fall within the ambit of these directed health measures.

Read the new directed health measures here.

Read a summary of the governor’s media release here.


A printable version of this information can be found by clicking HERE.


Authors: Mark Brasee & Neil Hassler

Mark L. Brasee

Mark L. Brasee


(402) 978-5306
Neil P. Hassler

Neil P. Hassler


(402) 978-5374
This article has been prepared for general information purposes and (1) does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. Always seek professional counsel prior to taking action.