There is currently no way for a business to argue that it should be allowed to function. For example, in Gov. Cuomo’s directive to end non-essential construction, an exception is made for work done by “a single worker, who is the sole employee/worker on a job site.”

What about a job that requires two workers who can stay six feet apart? There has to be a place to appeal for an exception.

Another example: Gyms. Some may be able to reopen ahead of others. A franchise owner at Orange­theory Fitness told me the company “invested in electrostatic cleaning sprays to disinfect between classes” and that its equipment is three feet apart, so clients could use every other station to maintain the required six-foot distance.

Could all gyms do that? Probably not. But why must they all remain shut if some can function safely?