{"id":"DUT-DE-012","kind":"duty","level":"court","jurisdiction":"Delaware","state":"DE","metro":"","industry":"","agency":"","eco":"","issuer":"Supreme Court of Delaware (Seitz, C.J.; Valihura, Traynor, LeGrow and Griffiths, JJ., en banc)","authority":"20 Del. C. §§ 3115(a)-(c), 3116(b)(13); 10 Del. C. § 4001 (State Tort Claims Act)","instrument":"Opinion, In re COVID-Related Restrictions on Religious Services, No. 354, 2023 (Del. Aug. 1, 2024) (affirming the Court of Chancery, C.A. No. 2021-1036, and the Superior Court, C.A. No. N23C-01-123)","title":"In re COVID-Related Restrictions on Religious Services (Del. Aug. 1, 2024)","dateIssued":"2024-08-01","effective":"2024-08-01","end":"standing (final judgment)","startDate":"2024-08-01","endDate":"","quarters":[],"types":["DUTY","CLOSE","GATH"],"addressees":["persons generally; Essential and Non-Essential Businesses; houses of worship"],"clause":"The Fourth Modification stated that it had \u0022the force and effect of law,\u0022 and that \u0022[a]ny failure to comply with [its] provisions... constitutes a criminal offense.\u0022","enforcement":"criminal offense under 20 Del. C. § 3125 (as recited in the orders and in the opinion)","functions":[],"notes":"The Delaware Supreme Court recites that the Emergency Management Act empowers the Governor to issue emergency orders \u0027which shall have the force and effect of law\u0027 (slip op. at 3, quoting § 3115(b)), that the Fourth Modification required Non-Essential Businesses to close their physical locations and bound Essential Businesses to \u0027a list of mandates and restrictions, titled \u0022Responsibilities of Essential Businesses\u0022\u0027 (at 4-5), that non-compliance \u0027constitutes a criminal offense\u0027 (at 5), and that the Governor\u0027s adoption of the restrictions was an exercise of discretionary statutory authority (at 36-37). Character as recorded: adjudication (orders upheld).","sourceUrl":"https://courts.delaware.gov/Opinions/Download.aspx?id=367410","snapshot":"","fileExists":true,"fileBytes":399706,"grade":"primary","character":"adjudication","description":"","collection":"DUT-DE","url":"/library/DUT-DE-012","exhibitUrl":"/exhibit/DUT-DE-012","citation":"Supreme Court of Delaware (Seitz, C.J.; Valihura, Traynor, LeGrow and Griffiths, JJ., en banc), Opinion, In re COVID-Related Restrictions on Religious Services, No. 354, 2023 (Del. Aug. 1, 2024) (affirming the Court of Chancery, C.A. No. 2021-1036, and the Superior Court, C.A. No. N23C-01-123) (standing) (Ex. DUT-DE-012)","stateName":"Delaware","related":["DUT-DE-001"]}