Gov. Brian Kemp signed an executive order Thursday that bars local governments from forcing private businesses to enact vaccine requirements, indoor capacity limits and mask rules aimed at stemming the spread of the coronavirus pandemic.

Kemp framed the order as a way to “protect” businesses as a growing number of cities impose mask mandates during a fourth wave of the disease. Georgia recently surpassed 1 million confirmed coronavirus infections since the pandemic’s start, with most of the recent cases involving residents who refused to get vaccinated.

Under the order, private businesses could still choose to require vaccines or masks, or limit capacity to reduce the spread of the virus. But Kemp said it aims to ban local governments from enacting ordinances that require them to do so.

The first-term Republican said it was an effort to prevent a “lockdown mode” from local officials, specifically mentioning new coronavirus restrictions in Atlanta and Savannah.

“The fact is that small businesses across our state should not be punished by local governments just because they’re trying to make a living, pay their employees and save their livelihoods,” Kemp said, invoking his background as the owner of a construction firm. “The one thing that makes tough times even harder when you’re running your own business is the government.”

The order was prompted by local officials who are weighing new steps to contain the disease. Savannah Mayor Van Johnson, who revived a mask mandate last month, said this week that he was contemplating further action to limit crowds indoors and encourage more vaccinations. Other cities, including Atlanta and Decatur, have recently restored similar requirements.

Atlanta Mayor Keisha Lance Bottoms responded to the order by striking a sarcastic note, saying Kemp is “the gift that keeps on giving,” while her office panned it as unnecessary. Johnson, meanwhile, called it “disappointing but not surprising” that Kemp sought to preempt local governments and indicated Savannah would move forward with new restrictions.

“Savannah’s current order remains unchanged and in place,” Johnson said, “and additional actions will be taken as deemed necessary by Savannah’s elected servants.”

The governor said he was confident he had the authority to enforce his order, though he recently let lapse a public health emergency that gave him expansive leeway to intervene in local affairs. Asked whether the law still granted him the power to do so, he said he wouldn’t have signed the order if it didn’t.

‘When did viruses become partisan?’

Kemp has long opposed statewide mask mandates and vaccine requirements, instead urging Georgians to follow precautions and consult with their physicians. Earlier this week, he announced steps to expand capacity at regional hospitals, increase health care staffing and give state employees a day off on Sept. 3 to spur more vaccinations.

But he’s come under intense pressure from public health experts and Democratic officials for not taking more aggressive steps, such as requiring that public employees get their jabs and launching new statewide campaigns to urge people to wear masks. The resurgence, they say, requires decisive action.

Credit: Alyssa Pointer

Credit: Alyssa Pointer

“When did viruses become partisan? Viruses don’t know partisan divides. They don’t know geographic divides,” U.S. Sen. Raphael Warnock said Thursday at an Atlanta Press Club event. “Leaders need to be leaders in this moment.”

The fourth wave of the virus is threatening to surpass the previous three, fueled by the highly infectious delta variant. The state’s hospital network is inundated with new cases, with more than 30% of all patients hospitalized in Georgia suffering from confirmed or suspected COVID-19 cases.

With nearly 4,900 COVID-19 patients in the hospital, Georgia has already surpassed last summer’s surge. Cases are increasing so quickly among the unvaccinated that Georgia hospitals are bracing for a flood of patients that could exceed the January peak, the worst of the pandemic.

Some Georgia hospitals have already started pausing elective surgeries in order to preserve hospital beds and staff.

”Our current situation is untenable. By postponing elective cases, we will free up operating room resources to best serve our community in this time of desperate need,” said Dr. Jason Williams, director of perioperative services at Phoebe Putney Memorial Hospital in Albany.

The Northeast Georgia Health System erected tents at its Gainesville and Braselton locations in order to add capacity to its emergency department, which was so crowded at points this week that doctors and nurses had to see patients in ambulances while they waited for space to open up inside the emergency room. Statewide, 89% of beds in intensive care units were occupied.

On Thursday, Kemp again called for Georgians to get vaccinated as he extended a state of emergency. But he framed his order involving local governments as a necessary step to prevent another economic downturn.

“Local governments will not be able to force businesses to be the mask police, the vaccine police or any other burdens or restrictions,” Kemp said.

-- Staff Writer Carrie Teegardin contributed to this report.