{"id":"DUT-FL-014","kind":"duty","level":"court","jurisdiction":"Florida (United States District Court for the Southern District of Florida)","state":"FL","metro":"","industry":"","agency":"","eco":"","issuer":"United States District Judge Raag Singhal","authority":"42 U.S.C. § 1983; Jacobson v. Massachusetts, 197 U.S. 11 (1905); Fla. Stat. § 252.36","instrument":"Court decision: Henry v. DeSantis, No. 9:20-cv-80729-AHS, Doc. 9 (S.D. Fla. May 11, 2020), reported at 461 F. Supp. 3d 1244","title":"Order Denying Emergency Injunctive Relief and Dismissing Case with Prejudice","dateIssued":"2020-05-11","effective":"2020-05-11","end":"n/a (decision)","startDate":"2020-05-11","endDate":"2020-06-30","quarters":["2020Q2"],"types":["CLOSE","ALC","CAP","OTHER"],"addressees":["businesses subject to the closure, occupancy and alcohol orders (the plaintiff was a laid-off restaurant and bar employee); persons generally"],"clause":"Section 252.36 states the Governor \u0027is responsible for meeting the dangers presented to this state and its people by emergencies,\u0027 like the current global pandemic.... And subsection (1)(b) states that the Governor has discretion to decide how best to respond, noting that he \u0027may issue executive orders, proclamations, and rules\u0027 that \u0027have the force and effect of law.\u0027","enforcement":"n/a (decision confirming the binding character of the orders)","functions":[],"notes":"The court held that Executive Orders 20-68, 20-70, 20-71, 20-91 and 20-112 were valid exercises of the Governor\u0027s powers under s. 252.36(5)(a), (g) and (h) to suspend statutes, \u0027limit occupancy of establishments\u0027 and curtail alcohol sales, that they carried \u0027the force and effect of law,\u0027 and that they satisfied Jacobson because they \u0027have a \u0022real [and] substantial relation\u0022 to the unprecedented public health crisis that Florida faces.\u0027 Character as recorded: adjudication (order_penalty layer).","sourceUrl":"https://www.courtlistener.com/docket/17121516/henry-v-desantis/","snapshot":"","fileExists":true,"fileBytes":345834,"grade":"primary","character":"adjudication","description":"","collection":"DUT-FL","url":"/library/DUT-FL-014","exhibitUrl":"/exhibit/DUT-FL-014","citation":"United States District Judge Raag Singhal, Court decision: Henry v. DeSantis, No. 9:20-cv-80729-AHS, Doc. 9 (S.D. Fla. May 11, 2020), reported at 461 F. Supp. 3d 1244 (Ex. DUT-FL-014)","stateName":"Florida","related":["DUT-FL-005"]}