Rumors have been circulating about Colorado restaurants that have reopened legally prior to Governor Polis’ planned May 25 announcement addressing changes to the statewide dine-in closure. These rumors are true, with some restaurants being allowed to open following a county-specific variance request from the executive order.

During the last week of April, Mesa County Commissioners requested exemption from a number of aspects of Executive Order D 2020 044 and CDPHE Order 20-28. Included in their request was an allowance for restaurants to open dine-in services following strict guidelines that included limiting capacity to 30 percent, keeping bars closed, and closely monitoring the health of staff.

Their request was approved by CDPHE Executive Director Jill Ryan, with a few additional requirements.

The CDPHE added a requirement that all restaurant customers must wear face coverings until seated, also disallowing any sort of lobby or waiting area. It will also be required that restaurant employees ask patrons if they’ve had recent symptoms of COVID-19, excluding those that have from service. Additionally, employees that display any symptoms of COVID-19 must be isolated for 7 to 10 days.

The Daily Sentinel, Mesa County’s local news source, has reported that some restaurants are now open. An article about this shift features a photo of diners separated by an empty booth as they maintain required the social distancing of six feet at Main Street Cafe.

Other counties have also been granted formal variance from the statewide order, including Sedgwick. In order to gain variance, a county-specific plan to reopen taking COVID-19 into consideration must be submitted to the state, which is then approved, amended, or disapproved. See more about the rules in specific counties here.

Some Colorado restaurants have opted to skip the formal approval, reopening illegally. Though reaction from the state toward these rule-breaking restaurants has varied, the decision to go against state orders resulted in an indefinite shutdown of all services in one case.

Take-out and delivery is allowed for restaurants across Colorado, with more news about the statewide order expected on May 25.