Governor John C. Carney and the Delaware Division of Public Health (Office of the Governor release), Release, 'Governor Carney Announces Additional COVID-19 Restrictions to Confront Winter Surge' (Dec. 10, 2020), announcing the zero-tolerance enforcement policy for businesses effective Dec. 14, 2020 (Ex. DUT-DE-014)
Governor John C. Carney (Office of the Governor, with the Division of Small Business and the Division of Public Health), Delaware's Reopening, Phase 2 (June 15, 2020): General Guidance for Individuals and Businesses and Industry Guidance (Ex. DUT-DE-009)
Office of the Governor (Jay Inslee), Governor's web page 'COVID-19 Reopening Guidance for Businesses and Workers' (as captured May 11, 2020) (Ex. DUT-WA-019)
West Virginia Legislature (codified statute), W. Va. Code ch. 15, art. 5 (whole article), §§ 15-5-2, 15-5-6, 15-5-17 and 15-5-18 relied on (standing) (Ex. DUT-WV-008)
Governor Jim Justice, Executive Order 40-20 (Week 5 of the Comeback), § 2 para. c (cross-reference to Ex. WV-034; not re-saved) (May 22, 2020) (Ex. DUT-WV-026)
Supreme Court of Oklahoma (Kauger, J., for the Court), Ho v. Tulsa Spine & Specialty Hospital, L.L.C., 2021 OK 68, 507 P.3d 673, Case No. 119,752 (Dec. 14, 2021) (Ex. DUT-OK-019)
Governor Jim Justice, Executive Order 37-20, §§ 1 and 2 para. bb (cross-reference to Ex. WV-031; not re-saved) (May 15, 2020) (Ex. DUT-WV-024)
Monongalia County Health Department (Dr. Lee B. Smith, Executive Director and County Health Officer), Monongalia County Health Department Ordinance (Health Officer's order) of July 14, 2020 (cross-reference to Ex. WV-082; not re-saved) (Ex. DUT-WV-029)
Supreme Court of Kansas (per curiam), Kelly v. Legislative Coordinating Council, No. 122,765 (Kan. Apr. 11, 2020) (original action in quo warranto; quo warranto granted in part) (Ex. DUT-KS-020)
Governor Greg Abbott (Governor's Strike Force to Open Texas) with the Texas Department of State Health Services, Open Texas, Minimum Standard Health Protocols: Checklist for All Employers (version archived May 12, 2020) (Ex. DUT-TX-020)
Governor Ralph S. Northam (Office of the Governor), with the Virginia Department of Health, Forward Virginia (Safer at Home: Phase One), Guidelines for All Business Sectors and sector-specific guidelines (restaurants and beverage services, farmers markets, brick-and-mortar retail, fitness and exercise facilities, personal care and grooming, campgrounds, and others) (May 8, 2020) (Ex. DUT-VA-014)
Governor Ralph S. Northam (Office of the Governor), with the Virginia Department of Health, Forward Virginia (Safer at Home: Phase Three), Guidelines for All Business Sectors and sector-specific guidelines (June 30, 2020) (Ex. DUT-VA-015)
Legislature of Alabama (SB 30, 2021 Regular Session, by Senator Orr); approved by Governor Ivey February 12, 2021, Act 2021-4 (SB 30, Enrolled), the Alabama COVID Immunity Act, codified at Ala. Code § 6-5-790 et seq. (Feb. 12, 2021) (Ex. DUT-AL-015)
Office of the Governor and Alabama Department of Public Health (FAQ posted on governor.alabama.gov for the State Health Officer's amended order of March 27, 2020), 'Safer at Home' Statewide Public Health Order Frequently Asked Questions (undated; posted March 2020) (Mar. 28, 2020) (Ex. DUT-AL-018)
General Assembly of Arkansas, 93rd General Assembly (HB 1487, Rep. Gonzales; Sen. Gilmore); approved by Governor Asa Hutchinson, Act 559 of 2021 (HB 1487), Coronavirus 2019 (COVID-19) Tort Immunity (Apr. 5, 2021) (Ex. DUT-AR-013)
Supreme Court of Iowa (Mansfield, J., for a unanimous court), Riley Drive Entertainment I, Inc. v. Reynolds, No. 20-1510 (Iowa Feb. 18, 2022) (amended Apr. 7, 2022) (Ex. DUT-IA-017)
Missouri General Assembly, 101st General Assembly, First Regular Session (Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 51 & 42); approved by Governor Michael L. Parson July 7, 2021, SS#2 SCS SBs 51 & 42 (2021), Truly Agreed To and Finally Passed, enacting RSMo 537.1000, 537.1005, 537.1010, 537.1015, 537.1020 and 537.1035 (July 7, 2021) (Ex. DUT-MO-011)
New Mexico Environment Department, Environmental Health Bureau, Notice of Immediate Food Service Permit Suspension, Jalisco Cafe, Permit No. 000228 (May 22, 2020) (Ex. DUT-NM-018)
Office of Governor Jim Justice ('West Virginia Strong -- The Comeback'), Guidance for West Virginia Small Businesses (Week 2 of the Comeback), as updated July 8, 2020 (Apr. 28, 2020) (Ex. DUT-WV-017)
Morgantown City Council, Emergency Ordinance No. 2020-5, Art. II §§ 1-4 (cross-reference to Ex. WV-083; not re-saved) (Sept. 1, 2020) (Ex. DUT-WV-030)
Arkansas Department of Health (closure order) and Governor Asa Hutchinson (statement of July 6, 2020), as reported by KATV (Little Rock), ADH order of July 4, 2020 closing Brewski's Pub & Grub, Little Rock, as an imminent threat to public health (news report) (July 6, 2020) (Ex. DUT-AR-016)
General Assembly of Georgia (Senators Hufstetler, Tillery, Strickland, Albers, Kirkpatrick and others); approved by Governor Brian P. Kemp, August 5, 2020, Senate Bill 359 (2020), Georgia COVID-19 Pandemic Business Safety Act (Aug. 5, 2020) (Ex. DUT-GA-012)
Iowa General Assembly (88th G.A.); signed by Governor Kim Reynolds June 18, 2020, Senate File 2338 (enrolled), An Act relating to civil actions... including civil actions related to the novel coronavirus, and including retroactive applicability provisions (the 'COVID-19 Response and Back-to-Business Limited Liability Act,' § 686D.1) (standing) (Ex. DUT-IA-007)
Maryland General Assembly (Chapter 736 of the Acts of 2021, House Bill 581; crossfile SB 486), Session law (Maryland Essential Workers' Protection Act), codified at Md. Code Ann., Lab. & Empl. §§ 3-1701 to 3-1709 (enacted as Subtitle 16, §§ 3-1601 to 3-1609, and renumbered by the codifier) (standing) (Ex. DUT-MD-013)
Hon. Lance E. Walker, U.S. District Judge, Order on Defendant's 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)
Legislature of Mississippi; approved by Governor Tate Reeves July 8, 2020, Mississippi Back-to-Business Liability Assurance and Health Care Emergency Response Liability Protection Act (S.B. 3049, 2020) (July 8, 2020) (Ex. DUT-MS-010)
State of Utah, coronavirus.utah.gov (Utah Department of Health and the Governor's Office of Economic Development, 'Utah Leads Together' business resources), coronavirus.utah.gov, Business: Workplace Resources (State Public Health Color-Coded Guidelines and Frequently Asked Questions), as captured May 18, 2020 (Ex. DUT-UT-020)
West Virginia Legislature (Enrolled Committee Substitute for Senate Bill 277), approved by Governor Jim Justice, Enrolled Com. Sub. for S.B. 277 (2021 Reg. Sess.), ch. 1, Acts 2021, adding W. Va. Code §§ 55-19-1 to 55-19-9, the COVID-19 Jobs Protection Act (standing) (Ex. DUT-WV-013)
Office of Governor Jim Justice ('West Virginia Strong -- The Comeback'), Guidance for Fitness Centers, Gymnasiums, and Recreation Centers (issued May 14, 2020, updated 5 p.m.) (Ex. DUT-WV-019)
Alaska State Legislature (SCS CSHB 76(FIN) am S), signed by Governor Dunleavy Apr. 30, 2021, HB 76, ch. 2 SLA 2021, secs. 1, 13, 14 and 15 (cross-reference to Ex. AK-028; not re-saved) (Apr. 30, 2021) (Ex. DUT-AK-014)
Alaska State Legislature (SCS CSSB 241(FIN)), signed by Governor Dunleavy, SB 241, ch. 10 SLA 2020, secs. 15 and 32 (cross-reference to Ex. AK-002; not re-saved) (Apr. 10, 2020) (Ex. DUT-AK-015)
Arizona Legislature (Fifty-fifth Legislature, First Regular Session); approved by Governor Douglas A. Ducey, Session law (Senate Bill 1377), adding A.R.S. §§ 12-515 and 12-516 (standing) (Ex. DUT-AZ-010)
United States District Court for the District of Arizona (Hon. Diane J. Humetewa), Order (Doc. 46) on motion for temporary restraining order and preliminary injunction and on motion to dismiss (July 14, 2020) (Ex. DUT-AZ-018)
Florida Legislature (SB 72), approved by Governor Ron DeSantis, Chapter 2021-1, Laws of Florida (SB 72), § 1, creating Fla. Stat. § 768.38 (standing) (Ex. DUT-FL-012)
General Assembly of Georgia (Representatives Kelley, Cooper, Carpenter, Newton, Hawkins and others); approved by Governor Brian P. Kemp (May 2021), House Bill 112 (2021) (July 1, 2021) (Ex. DUT-GA-013)
Indiana General Assembly (Senate Enrolled Act 1 (2021), P.L.1-2021, signed by Governor Eric J. Holcomb Feb. 18, 2021; Indiana Code 2021 edition), Ind. Code Title 34, Article 30, chapter 32, sections 34-30-32-1 to 34-30-32-11 (and chapter 33, sections 34-30-33-1 to -9) (standing) (Ex. DUT-IN-006)
Louisiana Legislature, 2020 Regular Session (Senate Bill 508), approved by Governor John Bel Edwards, Act 2020, No. 305 (SB 508), enacting La. R.S. 29:773 (restaurants during declared state of emergency; limitation of liability) (June 12, 2020) (Ex. DUT-LA-013)
Commissioner of Public Health Monica Bharel, with the approval of the Public Health Council and the Governor, Order of the Commissioner of Public Health Regarding Face Coverings to be Worn in Certain Settings (May 28, 2021) (library exhibit MA-050; cross-reference, not re-saved) (Ex. DUT-MA-029)
Governor Steve Bullock, Phase Two Directive with Appendices (Directive implementing Executive Orders 2-2020 and 3-2020 and establishing conditions for Phase Two) (cross-reference to Ex. MT-014) (May 19, 2020) (Ex. DUT-MT-023)
New York State Legislature (S. 8835, signed by Governor Cuomo August 3, 2020), amending Public Health Law article 30-D (Emergency or Disaster Treatment Protection Act, enacted April 3, 2020 as Part GGG of chapter 56 of 2020), Chapter 134 of the Laws of 2020 (S. 8835), amending Public Health Law §§ 3081(5) and 3082(1) (Emergency or Disaster Treatment Protection Act) (Aug. 3, 2020) (Ex. DUT-NY-016)
Office of the Governor with the Pennsylvania Department of Health, Executive FAQ (published PDF) (Oct. 6, 2020) (Ex. DUT-PA-015)
General Assembly of South Carolina (S. 147, ratified R. 39, April 28, 2021; approved by Governor Henry McMaster April 28, 2021), Act No. 99 of 2021 (S. 147, R. 39), a Joint Resolution, the 'South Carolina COVID-19 Liability Immunity Act' (standing) (Ex. DUT-SC-009)
Tennessee General Assembly, 111th General Assembly, Second Extraordinary Session; signed by Governor Bill Lee, Tennessee COVID-19 Recovery Act, 2020 Tenn. Pub. Acts (2d Ex. Sess.) ch. 1 (SB 8002 / HB 8001), enacted text as Senate Amendment No. 1 (SA8001) adopted August 12, 2020 (Aug. 17, 2020) (Ex. DUT-TN-010)
Utah Legislature, 2020 Third Special Session (S.B. 3007, Chief Sponsor Sen. Kirk A. Cullimore, House Sponsor Rep. Marc K. Roberts; Laws of Utah 2020, Third Special Session, ch. 12; signed by Governor Herbert May 4, 2020), S.B. 3007, COVID-19 Provisions (enrolled copy) (standing) (Ex. DUT-UT-013)
Governor Ralph S. Northam, Executive Order Number Sixty (2020), Clarification of Certain Immunity From Liability for Healthcare Providers in Response to Novel Coronavirus (COVID-19) (Apr. 28, 2020) (Ex. DUT-VA-011)
Office of the Governor and Virginia Department of Health, FAQ on Executive Order 63 and Order of Public Health Emergency 5 (face coverings) (May 29, 2020) (Ex. DUT-VA-016)
Office of Governor Jim Justice ('West Virginia Strong -- The Comeback'), A Guide to Safely Opening Restaurants and Bars (issued May 19, 2020) (Ex. DUT-WV-018)
Office of Governor Jim Justice ('West Virginia Strong -- The Comeback'), A Guide to Safely Reopening Larger Retail Stores (issued May 11, 2020) (Ex. DUT-WV-020)
Governor Mike Dunleavy; Commissioner Adam Crum, DHSS; Dr. Anne Zink, Chief Medical Officer, Alaska Essential Services and Critical Workforce Infrastructure Order (formerly Health Mandate 010 Attachment A), issued Mar. 27, 2020, amended Apr. 10 and May 5, 2020, secs. II.c-d, III, IV and V (cross-reference to Ex. AK-021; not re-saved) (Ex. DUT-AK-016)
Governor Mike Dunleavy; Commissioner Adam Crum, DHSS; Dr. Anne Zink, Chief Medical Officer, Health Mandate 016, Attachment D, Non-Essential Public Facing Businesses Generally (Not Including Retail), Phase II (issued Apr. 22, 2020; effective May 8, 2020), with the Phase I version effective Apr. 24, 2020 (cross-reference to Ex. AK-018 and Ex. AK-085; not re-saved) (Ex. DUT-AK-017)
Governor Mike Dunleavy; Commissioner Adam Crum, DHSS; Dr. Anne Zink, Chief Medical Officer, Health Mandate 016, Attachment F, Restaurants Dine-In Services, Phase II (issued Apr. 22, 2020; effective May 8, 2020) (cross-reference to Ex. AK-042; not re-saved) (May 7, 2020) (Ex. DUT-AK-018)
Governor Mike Dunleavy; Commissioner Adam Crum, DHSS; Dr. Anne Zink, Chief Medical Officer, Health Mandate 016, Attachments D and F, 'Advisory Document Phase III-IV' (May 22, 2020) (cross-reference to Ex. AK-100 and Ex. AK-098; not re-saved) (Ex. DUT-AK-019)
Governor Mike Dunleavy; Commissioner Adam Crum, DHSS; Dr. Anne Zink, Chief Medical Officer, COVID-19 Outbreak Health Order No. 5, Critical Infrastructure (Nov. 15, 2020; effective Nov. 16, 2020) (cross-reference to Ex. AK-037; not re-saved) (Ex. DUT-AK-020)
Governor Mike Dunleavy; Commissioner Adam Crum, DHSS; Dr. Anne Zink, Chief Medical Officer, Health Mandate 015, Services by Health Care Providers (Apr. 15, 2020; revised May 19 and June 1, 2020) (cross-reference to Ex. AK-017; not re-saved) (Ex. DUT-AK-021)
Governor Asa Hutchinson, Executive Order 20-35 (June 15, 2020) (Ex. DUT-AR-014)
Office of Governor Douglas A. Ducey with the Arizona Department of Health Services, Requirements document issued under executive order (June 17, 2020) (Ex. DUT-AZ-013)
Office of Governor Douglas A. Ducey with the Arizona Department of Health Services, Guidance and requirements document issued under executive order (July 9, 2020) (Ex. DUT-AZ-014)
Georgia Department of Public Health (Kathleen E. Toomey, M.D., M.P.H., Commissioner and State Health Officer), DPH Administrative Order, Long-Term Care Facilities Reopening Guidance (Sept. 15, 2020) (Ex. DUT-GA-015)
Court of Appeals of Georgia (Doyle, P.J., with Reese, J., and Senior Appellate Judge Phipps), Arbor Management Services, LLC v. Hendrix, No. A22A0068 (Ga. Ct. App. June 22, 2022) (Ex. DUT-GA-017)
Illinois General Assembly; Governor JB Pritzker (approved June 5, 2020), Public Act 101-0633 (House Bill 2455), amending 820 ILCS 310/1 to add subsection (g) (June 5, 2020) (Ex. DUT-IL-005)
Illinois General Assembly; Governor JB Pritzker, Public Act 101-0653 (House Bill 4276), amending 820 ILCS 310/1(g) (Feb. 28, 2021) (Ex. DUT-IL-012)
Commonwealth of Kentucky, Office of the Governor (Team Kentucky 'Healthy at Work: How We Reopen Our Economy' site, govstatus.egov.com), Healthy at Work Frequently Asked Questions (web page, as captured June 11, 2020) (Ex. DUT-KY-019)
Louisiana Legislature, 2020 Regular Session (House Bill 826), approved by Governor John Bel Edwards, Act 2020, No. 336 (HB 826), enacting La. R.S. 9:2800.25 (limitation of liability for COVID-19) and La. R.S. 29:773 (limitation of liability for personal protective equipment during the COVID-19 public health emergency) (standing) (Ex. DUT-LA-011)
Louisiana Legislature, 2020 Regular Session (Senate Bill 435), approved by Governor John Bel Edwards, Act 2020, No. 362 (SB 435), amending La. R.S. 29:735(A)(1) and enacting La. R.S. 29:773 (limitation of liability during the COVID-19 public health emergency) (standing) (Ex. DUT-LA-012)
General Court; approved by Governor Charles D. Baker (emergency law), Chapter 64 of the Acts of 2020 (Apr. 17, 2020) (Ex. DUT-MA-017)
Governor Charles D. Baker, COVID-19 Order No. 13 (Mar. 23, 2020) (library exhibit MA-008; cross-reference, not re-saved) (Ex. DUT-MA-021)
Governor Charles D. Baker (with DLS and DPH rules under s. 2), COVID-19 Order No. 33 (May 18, 2020) (library exhibit MA-017; cross-reference, not re-saved) (Ex. DUT-MA-022)
Governor Charles D. Baker, COVID-19 Order No. 37 (June 6, 2020) (library exhibit MA-019; cross-reference, not re-saved) (Ex. DUT-MA-023)
Governor Charles D. Baker, COVID-19 Order No. 31 (May 1, 2020) (library exhibit MA-016; cross-reference, not re-saved) (Ex. DUT-MA-024)
Governor Charles D. Baker, COVID-19 Order No. 55 (Nov. 2, 2020) (library exhibit MA-035; cross-reference, not re-saved) (Ex. DUT-MA-025)
Governor Steve Bullock, Stay at Home Directive (Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to stay at home and designating certain essential functions) (cross-reference to Ex. MT-009) (Mar. 26, 2020) (Ex. DUT-MT-021)
Governor Steve Bullock, Phase One Directive with Appendix A (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One) (cross-reference to Ex. MT-013) (Apr. 22, 2020) (Ex. DUT-MT-022)
Governor Steve Bullock, Face Covering Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing for the mandatory use of face coverings in certain settings) (cross-reference to Ex. MT-016) (July 15, 2020) (Ex. DUT-MT-024)
Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 and limiting group size, bar and restaurant capacity and hours, and requiring face coverings statewide (cross-reference to Ex. MT-018) (Nov. 17, 2020) (Ex. DUT-MT-025)
Governor Greg Gianforte, Directive Implementing Executive Order 2-2021 (Jan. 13, 2021) (cross-reference to Ex. MT-020) (Ex. DUT-MT-026)
Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 designating childcare an Essential Business and establishing operating requirements (cross-reference to Ex. MT-025) (Apr. 1, 2020) (Ex. DUT-MT-028)
General Assembly of North Carolina (ratified June 24, 2020; approved by Governor Roy Cooper July 2, 2020), Session Law 2020-89 (House Bill 118), An Act to Provide Limited Immunity from Liability for Claims Based on Transmission of Coronavirus Disease 2019 (COVID-19), enacting G.S. secs. 99E-70 to 99E-72 (COVID-19 Limited Immunity) (July 2, 2020) (Ex. DUT-NC-006)
Nebraska Legislature (One Hundred Seventh Legislature, First Session); approved by Governor Pete Ricketts, Legislative Bill 139 (2021), the COVID-19 Liability Act (secs. 1-4) and the Health Care Crisis Protocol Act (secs. 5-9) (standing) (Ex. DUT-NE-019)
New Hampshire General Court (2021 N.H. Laws ch. 179, Part III, sec. 1); Governor's signature, RSA 21-P:42-a (standing) (Ex. DUT-NH-013)
Office of the Governor and New Mexico Department of Health ('All Together New Mexico'), incorporated by reference in the Secretary of Health's public health orders, All Together New Mexico: COVID-Safe Practices for Individuals and Employers (version of May 27, 2020) (Ex. DUT-NM-010)
Ohio Department of Health and Office of the Governor (Responsible RestartOhio), sector requirements incorporated by the Director's Stay Safe Ohio Order of April 30, 2020 (Ex. OH-019 para. 11) and written into the Director's Updated and Revised Order for Business Guidance and Social Distancing of May 29, 2020 (Ex. OH-025 para. 15), Sector-specific COVID-19 information and checklist (posted document with 'Mandatory' and 'Recommended Best Practices' columns) (Apr. 27, 2020) (Ex. DUT-OH-018)
Ohio Department of Health and Office of the Governor (Responsible RestartOhio), sector requirements incorporated by the Director's Stay Safe Ohio Order of April 30, 2020 (Ex. OH-019 para. 12) and written into the Director's Updated and Revised Order for Business Guidance and Social Distancing of May 29, 2020 (Ex. OH-025 para. 14), Sector-specific COVID-19 information and checklist (posted document with 'Mandatory' and 'Recommended Best Practices' columns) (Apr. 27, 2020) (Ex. DUT-OH-019)
133rd General Assembly of Ohio (Am. Sub. H.B. 606), signed by Governor Mike DeWine, Enrolled act (uncodified temporary law) (Sept. 14, 2020) (Ex. DUT-OH-020)
Oklahoma Legislature (Senate Bill 1946, 2d Sess., 57th Leg.; signed by Governor Stitt), 76 O.S. 111 (SB 1946, 2020) (standing) (Ex. DUT-OK-013)
Oregon Legislative Assembly (80th Legislative Assembly, 2020 Third Special Session); approved by Governor Kate Brown Dec. 23, 2020, Enrolled House Bill 4402 (HB 4402-A), Or. Laws 2020 (3d Spec. Sess.), ch. 4: limitation of liability of schools for COVID-19 infection claims, conditioned on compliance with 'COVID-19 emergency rules'; anti-retaliation amendments to ORS 659A.200 and 659A.203 (Dec. 23, 2020) (Ex. DUT-OR-008)
State of Rhode Island, Reopening RI (the Governor's reopening program, published with the Rhode Island Department of Health and the Department of Business Regulation at ReopeningRI.com, the site the executive orders directed businesses to consult), Phase I: General Business/Organization Guidelines (May 13, 2020) (Ex. DUT-RI-018)
Texas Legislature (87th Leg., R.S.), Senate Bill 6, signed by Governor Abbott, Senate Bill 6, Pandemic Liability Protection Act (Act of June 14, 2021, 87th Leg., R.S., ch. 528) (standing) (Ex. DUT-TX-014)
General Assembly of Virginia (2020 Special Session I); approved by Governor Ralph S. Northam, 2020 Acts of Assembly, Special Session I, Chapter 6 (House Bill 5059), An Act to amend the Code of Virginia by adding a section numbered 8.01-225.03, relating to certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers; immunity from civil liability; COVID-19; emergency (standing) (Ex. DUT-VA-010)
Wisconsin Legislature (January 2021 Special Session Senate Bill 1); Governor Tony Evers (signed), 2021 Wisconsin Act 4, Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19 (Wis. Stat. § 895.476) (standing) (Ex. DUT-WI-008)
Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, at the direction of Governor Evers, Emergency Order #34, Interim Order to Turn the Dial (Apr. 27, 2020) (Ex. DUT-WI-013)
Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, at the direction of Governor Evers, Emergency Order #36, Interim Order to Turn the Dial (in-person retail and drive-in theaters) (May 11, 2020) (Ex. DUT-WI-014)
Governor Jim Justice, Executive Order 9-20 (Stay at Home Order), §§ 2, 3 and 7 (cross-reference to Ex. WV-009; not re-saved) (Mar. 23, 2020) (Ex. DUT-WV-021)
Governor Jim Justice, Executive Order 20-20 (hotspot order), paras. 2 and 3 (cross-reference to Ex. WV-017; parallel Exs. WV-018, WV-019, WV-021; not re-saved) (Apr. 3, 2020) (Ex. DUT-WV-022)
Governor Jim Justice, Executive Order 32-20 (Safer at Home Order), § 2 and para. y (cross-reference to Ex. WV-026; not re-saved) (Apr. 30, 2020) (Ex. DUT-WV-023)
Governor Jim Justice, Executive Order 39-20 (Week 4 of the Comeback), § 2 paras. c and cc (cross-reference to Ex. WV-033; not re-saved) (May 19, 2020) (Ex. DUT-WV-025)
Governor Jim Justice, Executive Order 77-20 (Face Covering Order), paras. 1 and 2 (cross-reference to Ex. WV-051; predecessor EO 50-20, Ex. WV-041; not re-saved) (Nov. 13, 2020) (Ex. DUT-WV-027)
Governor Jim Justice, Executive Order 8-21, § 2 para. c (cross-reference to Ex. WV-060; not re-saved) (Mar. 5, 2021) (Ex. DUT-WV-028)
Wyoming Legislature (Sixty-sixth Legislature, 2021 General Session); signed by Governor Gordon April 6, 2021, Senate Enrolled Act No. 57 (Original Senate File No. SF0019), 2021 Wyo. Sess. Laws ch. 118 (standing) (Ex. DUT-WY-009)
Colorado House of Representatives (Seventy-third General Assembly, First Regular Session); sponsor Rep. Bradfield, House Bill 21-1074, Immunity for Entities During COVID-19 (introduced; not enacted) (Feb. 16, 2021) (Ex. DUT-CO-013)
Colorado Senate (Seventy-third General Assembly, First Regular Session); prime sponsors Sen. Woodward, Reps. Bird, Bradfield and Larson, Senate Bill 21-080, Protections for Entities During COVID-19 (introduced; not enacted) (Feb. 16, 2021) (Ex. DUT-CO-020)
General Assembly of Georgia (Ga. L. 1951, p. 224, section 17, as amended), O.C.G.A. section 38-3-35 (standing) (Ex. DUT-GA-019)
Attorney General Derek Schmidt (Office of the Kansas Attorney General), Addendum 1 to the March 24, 2020 memorandum, regarding restrictions on religious facilities, services or activities set forth in EO 20-18 (April 8, 2020) (Apr. 8, 2020) (Ex. DUT-KS-018)
Hon. Lance E. Walker, U.S. District Judge, Order on Plaintiffs' Motion for Preliminary Injunction, Bayley's Campground, Inc. v. Mills, No. 2:20-cv-00176-LEW, ECF No. 20 (D. Me. May 29, 2020), reported at 463 F. Supp. 3d 22 (Ex. DUT-ME-011)
Washington State Department of Labor and Industries (DOSH), L&I Publication F414-164-000 (July 21, 2020) (Ex. DUT-WA-016)
Wyoming Legislature (Wyo. Stat. Title 35, ch. 4, art. 1), Wyo. Stat. Ann. 35-4-114 and 35-4-115 (standing) (Ex. DUT-WY-006)
Alaska Department of Environmental Conservation, Division of Environmental Health, Food Safety and Sanitation Program, Web guidance, 'Preventing the Spread of COVID-19: Guidance for Food Establishments' (Food Worker and Establishment Guidance on COVID-19) (Mar. 17, 2020) (Ex. DUT-AK-013)
Superior Court of Arizona, Maricopa County (Hon. Timothy J. Thomason), Minute entry ruling (Docket Code 926) on plaintiffs' request for injunctive relief (Aug. 4, 2020) (Ex. DUT-AZ-017)
Connecticut General Assembly (Conn. Gen. Stat. chapter 368e, Municipal Health Authorities), Conn. Gen. Stat. §§ 19a-206 (nuisances; orders; injunctions; closure; civil penalties), 19a-207 (local enforcement of the Public Health Code; DPH enforcement in emergencies), 19a-221 (local quarantine and isolation orders; duty to carry out the Commissioner's emergency orders), 19a-230 (penalty) (standing) (Ex. DUT-CT-002)
Office of the Attorney General of Iowa (Thomas J. Miller), Frequently Asked Health-Related Legal Questions (COVID-19), Last Updated June 3, 2020 (Ex. DUT-IA-009)
Iowa Department of Public Health, Public Health COVID-19 Reopening Guidance (4/27/20) (Apr. 27, 2020) (Ex. DUT-IA-016)
Indiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 16, Article 20, chapter 1: sections 16-20-1-21.5 (SEA 5 of 2021), 16-20-1-22, 16-20-1-24 (epidemic control), 16-20-1-25 (unlawful conditions; abatement; enforcement), 16-20-1-26 (enforcement in circuit or superior court), 16-20-1-28 (standing) (Ex. DUT-IN-003)
Indiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 16, Article 19, chapter 3: sections 16-19-3-4 (rules to protect the public health, including 'nuisances dangerous to public health' and 'the detection, reporting, prevention, and control of diseases'), 16-19-3-9 (quarantine), 16-19-3-10 (epidemics), 16-19-3-11 (abatement of conditions causative of disease), 16-19-3-12 (State enforcement within local jurisdictions in a public health emergency) (standing) (Ex. DUT-IN-004)
Indiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 16, Article 42, chapter 5: sections 16-42-5-6, -8 (premises 'must at all times be clean and sanitary'), -19 (diseased employees), -25 (orders to abate), -26 (offense for noncompliance with the commissioner's order), -27 (offense for violation), -28 (civil penalties) (standing) (Ex. DUT-IN-016)
Kansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-201, County boards of health; local health officers; review, amendment or revocation of local health officer orders; approval by board of county commissioners; civil action (text from March 25, 2021) (standing) (Ex. DUT-KS-009)
Kansas Legislature (enrolled Senate Bill No. 283, 2021 Regular Session; L. 2021, ch. 14), Senate Bill No. 283 (2021), § 5, extending K.S.A. 60-5504 business immunity for COVID-19 claims to March 31, 2022 (Apr. 1, 2021) (Ex. DUT-KS-016)
Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A), Statute (standing) (Ex. DUT-MD-009)
Maine Legislature (22 M.R.S. chapter 562, Eating Establishments, Lodging Places, Campgrounds, Recreational and Sporting Camps, Youth Camps, Public Pools and Public Spas; administered by the DHHS Health Inspection Program), 22 M.R.S. sec. 2492 (license required), sec. 2496 (Department rulemaking; Maine Food Code), sec. 2497 (right of entry and inspection without warrant), sec. 2498 (fines; correction directives; penalties for operating unlicensed; Attorney General injunction), sec. 2500 (suspension or revocation; emergency suspension where conditions 'may endanger the life, health or safety of persons') (standing) (Ex. DUT-ME-008)
Hon. Nancy Torresen, U.S. District Judge, Order on Plaintiff's Motion for a Temporary Restraining Order, Calvary Chapel of Bangor v. Mills, No. 1:20-cv-00156-NT, ECF No. 27 (D. Me. May 9, 2020), reported at 459 F. Supp. 3d 273 (Ex. DUT-ME-013)
New Hampshire General Court, RSA 141-C:16-b (standing) (Ex. DUT-NH-005)
New Mexico Environment Department (Cabinet Secretary James C. Kenney), NMED News Release, 'Environment Department suspends food service permits for two restaurants operating in violation of state law' (May 22, 2020) (Ex. DUT-NM-015)
Oklahoma Legislature (Senate Bill 1947, 2d Sess., 57th Leg.), 76 O.S. 112 (SB 1947, 2020), COVID-19 Product Protection Act (standing) (Ex. DUT-OK-014)
Oklahoma Legislature (Senate Bill 300, 2d Sess., 57th Leg.), 63 O.S. 6406 (SB 300, 2020), COVID-19 Public Health Emergency Limited Liability Act (May 12, 2020) (Ex. DUT-OK-015)
Oklahoma State Department of Health (State Board of Health rules; Consumer Health Service), OAC 310:257 (Food Establishments), text effective Sept. 11, 2016 (OSDH 'unofficial version' edited Nov. 14, 2016) (Ex. DUT-OK-016)
State of Rhode Island, Reopening RI (with the Rhode Island Department of Health and the Department of Business Regulation), Phase II: General Business/Organization Guidelines (May 28, 2020) (Ex. DUT-RI-020)
South Carolina Department of Health and Environmental Control (DHEC), by regulation, S.C. Code Regs. 61-25, Retail Food Establishments (within the Legislative Council's compilation 'Chapter 61-18 through 61-58.17') (standing) (Ex. DUT-SC-016)
Utah Legislature (Utah Code Title 78B, Chapter 4, Part 5; as amended by S.B. 5003, COVID-19 Immunity Provisions, 2020 Fifth Special Session, Laws of Utah 2020, 5th Spec. Sess., ch. 10), Utah Code section 78B-4-517 (version effective August 18, 2020) (standing) (Ex. DUT-UT-014)
General Assembly of Virginia (Code of Virginia, Title 8.01, Chapter 3), Va. Code section 8.01-225.03, Certain immunity for certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers during a disaster under specific circumstances (text as it stood in 2021, before the 2024 amendments) (Oct. 13, 2020) (Ex. DUT-VA-009)
Agency of Commerce and Community Development (Secretary Lindsay Kurrle), under Executive Order 01-20 Addenda 10-12 and Amended and Restated Executive Order 01-20 secs. 9(b) and 11, ACCD Work Safe Guidance: 'Update 20 - New Work Safe Additions to the Be Smart, Stay Safe Order' (memorandum to Vermont Businesses and Employers, July 31, 2020), as captured by the Internet Archive on August 5, 2020 (Ex. DUT-VT-006)
Washington State Department of Labor and Industries, Division of Occupational Safety and Health, DOSH Directive 1.70 (Updated May 15, 2020) (Ex. DUT-WA-017)
United States Court of Appeals for the Ninth Circuit (Gould, Clifton, Bress, JJ.; opinion by Judge Clifton), Slidewaters LLC v. Washington State Department of Labor & Industries, No. 20-35634 (standing) (Ex. DUT-WA-020)
West Virginia Department of Health and Human Resources, Bureau for Public Health (legislative rule), 64 C.S.R. 17, Food Establishments (legislative rule, version effective July 1, 2019) (Apr. 4, 2019) (Ex. DUT-WV-016)
Wyoming Legislature (Wyo. Stat. Title 1, ch. 1, art. 1), Wyo. Stat. Ann. 1-1-141 (standing) (Ex. DUT-WY-008)
