{"id":"DUT-VT-018","kind":"duty","level":"court","jurisdiction":"Vermont (Rutland Superior Court, Civil Division)","state":"VT","metro":"","industry":"","agency":"","eco":"","issuer":"State of Vermont, Attorney General T.J. Donovan (plaintiff); Rutland Superior Court (temporary restraining order); reported by VTDigger (Alan J. Keays), May 15, 2020","authority":"Executive Order 01-20, Addendum 4 (closure of close-contact businesses including gyms, Ex. VT-008), kept in force by Addendum 9 and Addendum 14 (Exs. VT-014, VT-021); 20 V.S.A. sec. 40 (Attorney General\u0027s action for injunctive relief; $1,000 per day) (Ex. VT-103); 20 V.S.A. sec. 24","instrument":"State of Vermont v. Club Fitness of Vermont, Inc. and Sean Manovill (Rutland Superior Court, Civil Division, filed May 15, 2020): complaint for preliminary injunction and civil penalties; temporary restraining order granted May 15, 2020","title":"Vermont AG files first Covid-19 non-compliance lawsuit against Rutland gym (VTDigger, May 15, 2020)","dateIssued":"2020-05-15","effective":"2020-05-15 (TRO barring in-person, indoor operations \u0027until the governor\u0027s order allows it\u0027)","end":"Injunction motion withdrawn May 28-29, 2020 after Addendum 16 permitted gyms to reopen June 1, 2020 under ACCD requirements (Ex. VT-023); penalty claim pending to the January 2021 settlement (Ex. DUT-VT-020)","startDate":"2020-05-15","endDate":"2020-06-01","quarters":["2020Q2"],"types":["CLOSE","DUTY","EMER"],"addressees":["specified businesses (close-contact businesses under Addendum 4); by its reasoning, every business subject to the orders"],"clause":"\u0022The State of Vermont alleges that Club Fitness of Vermont and its owner, Sean Manovill, are operating a fitness center in violation of Executive Order 01-20, Addendum 4,\u0022 said a press release from the Attorney General\u0027s Office Friday afternoon. \u0022In seeking the preliminary injunction, the State is asking the Court to shut down the facility, as required under the Governor\u0027s executive orders\u0022","enforcement":"temporary restraining order; civil penalties sought of up to $1,000 for each day of violation (20 V.S.A. sec. 40); criminal exposure under 20 V.S.A. sec. 24","functions":[],"notes":"Records the State\u0027s enforcement of the closure order against a business by civil action: after a cease-and-desist letter, the Attorney General sued under the emergency management chapter for an injunction and civil penalties, and the court ordered the gym to cease in-person, indoor operations the same day; the State\u0027s inspector recorded the absence of masks, distancing, sanitizer and signage as the violations observed. Character as recorded: adjudication (order_penalty layer).","sourceUrl":"https://vtdigger.org/2020/05/15/vertmont-ag-files-first-covid-19-non-compliance-lawsuit-against-rutland-gym/","snapshot":"","fileExists":true,"fileBytes":482824,"grade":"secondary","character":"adjudication","description":"","collection":"DUT-VT","url":"/library/DUT-VT-018","exhibitUrl":"/exhibit/DUT-VT-018","citation":"State of Vermont, Attorney General T.J. Donovan (plaintiff); Rutland Superior Court (temporary restraining order); reported by VTDigger (Alan J. Keays), May 15, 2020, State of Vermont v. Club Fitness of Vermont, Inc. and Sean Manovill (Rutland Superior Court, Civil Division, filed May 15, 2020): complaint for preliminary injunction and civil penalties; temporary restraining order granted May 15, 2020 (Ex. DUT-VT-018)","stateName":"Vermont","related":["VT-023","DUT-VT-020","DUT-VT-012"]}