{"id":"DUT-LA-014","kind":"duty","level":"court","jurisdiction":"Louisiana (United States Court of Appeals for the Fifth Circuit, on appeal from the Eastern and Western Districts of Louisiana)","state":"LA","metro":"","industry":"","agency":"","eco":"","issuer":"United States Court of Appeals for the Fifth Circuit (published opinion)","authority":"28 U.S.C. 1292(a)(1); Fourteenth Amendment (equal protection); Jacobson v. Massachusetts, 197 U.S. 11 (1905); In re Abbott, 954 F.3d 772 (5th Cir. 2020)","instrument":"Big Tyme Investments, L.L.C. v. Edwards, No. 20-30526 c/w No. 20-30537 (5th Cir. Jan. 13, 2021)","title":"Opinion affirming the district courts\u0027 refusal of preliminary injunctions against the Governor\u0027s bar-closure proclamations (89 JBE 2020 and successors): the differential treatment of bars \u0027is at least rationally related to reducing the spread of COVID-19 in higher-risk environments\u0027; motion to dismiss the appeal as moot denied","dateIssued":"2021-01-13","effective":"2021-01-13","end":"n/a (judgment)","startDate":"2021-01-13","endDate":"2021-03-31","quarters":["2021Q1"],"types":["CLOSE","ALC","OTHER"],"addressees":["specified businesses: bars holding Class A-General permits; by its reasoning, every business regulated by the proclamations"],"clause":"In sum, the Bar Closure Order\u0027s differential treatment of bars operating with AG permits is at least rationally related to reducing the spread of COVID-19 in higher-risk environments.... The district courts\u0027 orders denying injunctive relief are AFFIRMED.","enforcement":"n/a (the proclamations\u0027 penalties under R.S. 29:724(E) remained enforceable)","functions":[],"notes":"Held that the Governor\u0027s proclamations closing bars for on-premises consumption were valid exercises of the State\u0027s public-health power, rationally related to reducing the spread of COVID-19, and left every bar bound to obey them; the opinion records that the proclamations issued \u0027pursuant to the Louisiana Health Emergency Powers Act, LA. R.S. 29:760\u0027 and that the bar owners did not challenge the Governor\u0027s authority to issue them. Character as recorded: adjudication (order_operating_condition layer).","sourceUrl":"https://www.ca5.uscourts.gov/opinions/pub/20/20-30526-CV0.pdf","snapshot":"","fileExists":true,"fileBytes":220681,"grade":"primary","character":"adjudication","description":"","collection":"DUT-LA","url":"/library/DUT-LA-014","exhibitUrl":"/exhibit/DUT-LA-014","citation":"United States Court of Appeals for the Fifth Circuit (published opinion), Big Tyme Investments, L.L.C. v. Edwards, No. 20-30526 c/w No. 20-30537 (5th Cir. Jan. 13, 2021) (Ex. DUT-LA-014)","stateName":"Louisiana","related":["LA-075"]}