State health officials release latest public health order for COVID-19 dial

COLORADO SPRINGS, Colo. (KRDO) -- On Monday morning, the Colorado Department of Public Health and Environment released its eighth amended version of its original public health order regarding the COVID-19 pandemic.

The latest order has 22 separate changes, including: increasing the seating capacity to 225 for restaurants and indoor events at Level Blue; extending last call at bars by two hours.; and expanding seating capacity to 150 for restaurants and indoor events at Level Yellow.

The order also allows businesses certified under the states 5-Star program at Level Blue to expand seating capacity by 50.

The state's latest order raises questions, however: Why, specifically, is it happening now? Will it be confusing for businesses and others in compliance to understand the numerous changes? And with many seating capacities already at 50%, does the order really make a difference?

KRDO NewsChannel contacted state and local health and business officials about the implications of the latest order, but they hadn't responded as of Monday evening.

However, Sonia Riggs, president and CEO of the Colorado Restaurant Association, has mixed feelings about the order.

"It's a step in the right direction but doesn't go far enough," she said. "It will increase seating capacities only in large restaurants because the spacing requirements for social distancing still limit seating for customers in smaller restaurants. We still need to get to 75% capacity at least."

Richard Warner, owner of Bingo Burger in Pueblo and Colorado Springs, expressed optimism about the situation.

"Every little bit helps," he said. "And with the weather getting better, it'll be easier for people to eat outside on patios and other outdoor seating. People are a lot more comfortable doing that."

To read a summary of the changes in the amended order, see below:

• Section II.A.1:  implementing a disease incidence metric buffer that allows counties to exceed their Dial level's disease incidence metric and remain in that level as long as they do not exceed the minimum of the next more restrictive Dial level's incidence rate by more than 15% for 5 consecutive days
• Section II.B.2:  clarifying that public/private gatherings are also included in the capacity and person caps in Level Green
• Section II.C.1.a, II.D.1a, II.E.1.a,  :  clarifying that settings excluded from a county's disease incidence rate are congregate care settings
• Section II.C.1.b:  clarifying that counties with fewer than 30,000 population may use disease incidence rates rather than percent positivity for movement in the Dial
• Section II.C.2.h:  clarifying that Restaurants in Level Blue may expand capacity to 225 without using the distancing space calculator, and expanding last call to 2 AM
• Section II.C.2.k:  authorizing Indoor Events in Level Blue to expand capacity to 225 for seated events without using the distancing space calculator
• Section II.C.2.m:  clarifying that outdoor pools in Level Blue are subject to the same capacity limits as indoor pools
• Section II.D.2.q:  clarifying that Casinos in Level Blue that have seated events may also expand capacity to 225 for seated events without using the distancing calculator
• Section II.D.2.h:   clarifying that Restaurants in Level Yellow may expand capacity to 150 without using the distancing space calculator, and expanding last call to 1 AM  
• Section II.D.2.k:  authorizing Indoor Events in Level Yellow to expand capacity to 150 for seated events without using the distancing space calculator  
• Section II.D.2.m:  clarifying that outdoor pools in Level Yellow are subject to the same capacity limits as indoor pools
• Section II.D.2.q:  clarifying that Casinos in Level Yellow that have seated events may also expand capacity to 150 for seated events without using the distancing calculator
• Section II.E.2.h:  expanding last call in Level Orange to 12:00 AM.
• Section II.E.2.m:  clarifying that indoor and outdoor pools in Level Orange are subject to the same capacity limits
• Section II.F.2.h:  updated last call in Level Red to 10 PM
• Section II.F.2.k:  authorizing Indoor Events in Level Red to calculate distancing for seated events without using the distancing calculator
• Section III.C.1:  authorizing face coverings to be removed in a school classroom setting for the purpose of playing a musical instrument that cannot otherwise be played while wearing a face covering
• Appendix H, Section I.A.2.e:  allowing performers who are wearing masks to be a minimum of 12 feet distanced from spectators, and maintaining that performers not wearing masks must be a minimum of 25 feet distanced
• Appendix I, Section I.A:  clarified that seated indoor events in Level Red do not require the use of the distancing space calculator
• Appendix I, Section I.C:   allowing performers who are wearing masks to be a minimum of 12 feet distanced from spectators, and maintaining that performers not wearing masks must be a minimum of 25 feet distanced
• Appendix M, Section V.A and V.C.3:  clarified that when a certified 5 star entity is operating at the Dial level one above the where the county is operating, they are able to operate using both the restrictions and allowance (e.g. last call time) for the next less restrictive level
• Appendix M, Section V.C.3:  authorized 5 star certified businesses in Level Blue to expand person caps by 50 people above the Level Blue person caps

The amended order was effective Sunday, March 7.