{"id":"DUT-ME-014","kind":"duty","level":"court","jurisdiction":"United States District Court for the District of Maine","state":"ME","metro":"","industry":"","agency":"","eco":"","issuer":"Hon. Lance E. Walker, U.S. District Judge","authority":"28 U.S.C. sec. 1331; 42 U.S.C. sec. 1983; Fed. R. Civ. P. 12(b)(1), (6)","instrument":"Order on Defendant\u0027s Motion to Dismiss, Savage v. Mills, No. 1:20-cv-00165-LEW, ECF No. 26 (D. Me. Aug. 7, 2020), reported at 478 F. Supp. 3d 16","title":"Savage v. Mills (Sunday River Brewing Company): order dismissing business owners\u0027 constitutional challenge to the Governor\u0027s COVID-19 executive orders","dateIssued":"2020-08-07","effective":"2020-08-07","end":"n/a","startDate":"2020-08-07","endDate":"2021-09-30","quarters":["2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["CLOSE","CAP","COND","EMP"],"addressees":["all businesses (the Restarting Plan\u0027s checklist conditions); the plaintiffs (a brewpub, a gym owner and others)"],"clause":"Plaintiffs do not allege Defendant\u0027s executive orders are unrelated to protecting public health, and only assert a liberty interest in their ability to run their respective businesses.... Harm to business interests, however, is not a \u0027plain, palpable invasion of rights\u0027 under the Fourteenth Amendment.","enforcement":"as recited: the checklists were the condition of reopening; the orders\u0027 enforcement provisions (Exs. ME-011, ME-025) applied","functions":[],"notes":"The court recited that under the Restarting Plan businesses \u0027could open as of June 1, 2020, \u0022provided that they comply with detailed checklists\u0022\u0027 and that EO 55 ordered that \u0027[a]ny business authorized now to be open shall comply with the pertinent COVID-19 Prevention Checklist or other State of Maine Guidance\u0027 (at 3), held that \u0027a community has the right to protect itself against an epidemic of disease which threatens the safety of its members\u0027 (quoting Jacobson, at 17), and dismissed the owners\u0027 due process, equal protection, takings and commerce clause claims. Character as recorded: adjudication (order_penalty layer).","sourceUrl":"https://www.govinfo.gov/content/pkg/USCOURTS-med-1_20-cv-00165/pdf/USCOURTS-med-1_20-cv-00165-0.pdf","snapshot":"","fileExists":true,"fileBytes":250588,"grade":"primary","character":"adjudication","description":"","collection":"DUT-ME","url":"/library/DUT-ME-014","exhibitUrl":"/exhibit/DUT-ME-014","citation":"Hon. Lance E. Walker, U.S. District Judge, Order on Defendant\u0027s Motion to Dismiss, Savage v. Mills, No. 1:20-cv-00165-LEW, ECF No. 26 (D. Me. Aug. 7, 2020), reported at 478 F. Supp. 3d 16 (Ex. DUT-ME-014)","stateName":"Maine","related":["ME-011","ME-025","DUT-ME-008","DUT-ME-011"]}