{"id":"DUT-MO-014","kind":"duty","level":"court","jurisdiction":"Missouri (Eastern District of Missouri; St. Louis City and St. Louis County orders)","state":"MO","metro":"","industry":"","agency":"","eco":"","issuer":"United States District Court for the Eastern District of Missouri (Clark, J.)","authority":"28 U.S.C. § 1331; Fed. R. Civ. P. 65; Jacobson v. Massachusetts, 197 U.S. 11 (1905); In re Rutledge (8th Cir. Apr. 22, 2020)","instrument":"SH3 Health Consulting, LLC v. Page, No. 4:20-cv-00605-SRC, Doc. 27 (E.D. Mo. May 8, 2020) (Memorandum and Order denying temporary restraining order), reported at 459 F. Supp. 3d 1212","title":"SH3 Health Consulting, LLC, et al. v. St. Louis County Executive Dr. Sam Page, et al.: Memorandum and Order","dateIssued":"2020-05-08","effective":"2020-05-08","end":"n/a (decision on the record of the City and County orders of April 20, 2020)","startDate":"2020-05-08","endDate":"","quarters":["2020Q2"],"types":["STAY","CLOSE","GATH","DUTY"],"addressees":["specified businesses (every business the City and County orders closed; every business subject to the operating conditions of the orders)"],"clause":"The concerns of Plaintiffs, in conducting their businesses, do not outweigh the severe harm the residents of the City and County could suffer if the Court overrode the Orders. Government authorities must have the ability to maintain public health and safety in times of great crises such as these.","enforcement":"n/a (judicial decision); the orders it upheld carried the misdemeanor sanction of RSMo 192.300.4 and the City\u0027s ordinances","functions":[],"notes":"The court refused to restrain the St. Louis City and County orders that required \u0027all businesses, other than essential businesses, to cease virtually all activities,\u0027 recording that the State\u0027s own orders of April 3 and April 16, 2020 directed \u0027all businesses in the entire state to stop engaging in certain activities\u0027 and that under the City\u0027s and County\u0027s authorities \u0027non-essential businesses in the City and County must remain closed indefinitely\u0027; it treated RSMo 192.290, 192.300 and 19 CSR 20-20.050(3) as the framework of local health power and found the plaintiffs unlikely to succeed on their claim that only the State Director could close businesses. Character as recorded: adjudication (order_operating_condition layer).","sourceUrl":"https://www.govinfo.gov/content/pkg/USCOURTS-moed-4_20-cv-00605/pdf/USCOURTS-moed-4_20-cv-00605-0.pdf","snapshot":"","fileExists":true,"fileBytes":281760,"grade":"primary","character":"adjudication","description":"","collection":"DUT-MO","url":"/library/DUT-MO-014","exhibitUrl":"/exhibit/DUT-MO-014","citation":"United States District Court for the Eastern District of Missouri (Clark, J.), SH3 Health Consulting, LLC v. Page, No. 4:20-cv-00605-SRC, Doc. 27 (E.D. Mo. May 8, 2020) (Memorandum and Order denying temporary restraining order), reported at 459 F. Supp. 3d 1212 (Ex. DUT-MO-014)","stateName":"Missouri","related":["DUT-MO-003","DUT-MO-007"]}