{"id":"DUT-AL-020","kind":"duty","level":"court","jurisdiction":"Alabama (Supreme Court of Alabama)","state":"AL","metro":"","industry":"","agency":"","eco":"","issuer":"Supreme Court of Alabama (Bolin, J.)","authority":"Appeal from the Montgomery Circuit Court (CV-20-900935); Ala. Code §§ 31-9-6(1), 31-9-13, 31-9-22, 22-2-8, 22-11A-1, 41-22-5(b) as recited","instrument":"Munza v. Ivey, No. 1200003 (Ala. Mar. 19, 2021), 334 So. 3d 211","title":"Barry Munza, Larry Lewis, and Debbie Mathis v. Kay Ivey, in her official capacity as Governor; Scott Harris, in his official capacity as State Health Officer; and the Alabama State Board of Health","dateIssued":"2021-03-19","effective":"2021-03-19","end":"n/a (judicial decision)","startDate":"2021-03-19","endDate":"2021-09-30","quarters":["2021Q1","2021Q2","2021Q3"],"types":["MASK","EMP","DUTY"],"addressees":["persons generally (the mask order bound \u0027each person\u0027); the plaintiffs as challengers"],"clause":"The proclamation stated that the \u0027law-enforcing authorities of the state shall enforce that order as any other order, rule, or regulation promulgated by the Governor under [the Emergency Management] Act, and the penalty for violating it shall be a fine of not more than $500 or imprisonment in the county jail as set forth in [that] Act, see, e.g., [Ala. Code 1975,] § 31-9-22.\u0027","enforcement":"Ala. Code § 31-9-22 as recited","functions":[],"notes":"The Court\u0027s statement of record: the State Health Officer\u0027s orders were issued under §§ 22-2-8 and 22-11A-1 and adopted as emergency rules under § 41-22-5(b); from July 15, 2020 the Governor \u0027promulgate[d] that order as an order, rule, or regulation under the applicable provisions of the Emergency Management Act. See, e.g., Ala. Code [1975,] §§ 31-9-6(1) \u0026 31-9-13,\u0027 with the § 31-9-22 penalty, and \u0027each subsequent amended order issued by Dr. Harris has been adopted and promulgated by Governor Ivey in a proclamation issued under the Alabama Emergency Management Act of 1955.\u0027 Holding: the plaintiffs, who alleged no threatened enforcement against them, lacked standing; dismissal affirmed. Character as recorded: adjudication (order_penalty layer).","sourceUrl":"https://acis.alabama.gov/displaydocs.cfm?no=1069977\u0026event=6090LITSD","snapshot":"","fileExists":true,"fileBytes":112613,"grade":"primary","character":"adjudication","description":"","collection":"DUT-AL","url":"/library/DUT-AL-020","exhibitUrl":"/exhibit/DUT-AL-020","citation":"Supreme Court of Alabama (Bolin, J.), Munza v. Ivey, No. 1200003 (Ala. Mar. 19, 2021), 334 So. 3d 211 (Ex. DUT-AL-020)","stateName":"Alabama","related":["DUT-AL-011","DUT-AL-013","DUT-AL-014"]}