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)
Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 24-33.5-704 (The governor and disaster emergencies - response - duties and limitations) (standing) (Ex. DUT-CO-006)
Delaware General Assembly (codified statute), 20 Del. C. §§ 3115-3117 (General authority of the Governor; Powers; Activation of emergency or disaster response) (standing) (Ex. DUT-DE-001)
Maine Legislature (37-B M.R.S. chapter 13, Maine Emergency Management Agency; Governor's emergency powers), 37-B M.R.S. secs. 703 (definitions), 741(3)(H) (delegation), 742 (emergency proclamation; Governor's powers; sec. 742(1)(C)(2), (5), (8), (12), (13) and (1)(E)), 743 (termination), 786 (enforcement; Class E crime; arrest), 822 (compliance-conditioned immunity), 827 (aid in emergency; Class E crime), 829 (duty of agencies to execute and enforce orders), 834 (inconsistent laws suspended) (standing) (Ex. DUT-ME-004)
Illinois General Assembly (Illinois Emergency Management Agency Act), 20 ILCS 3305/7 (Emergency Powers of the Governor) (standing) (Ex. DUT-IL-002)
Louisiana Legislature (codified in the Louisiana Revised Statutes), La. R.S. 29:766 (declaration of a state of public health emergency; emergency powers of the governor) (standing) (Ex. DUT-LA-007)
General Assembly of North Carolina, N.C. Gen. Stat. sec. 166A-19.30 (Additional powers of the Governor during state of emergency) (standing) (Ex. DUT-NC-003)
Maryland General Assembly (Public Safety Article, Title 14, Subtitle 1, Emergency Management), Statute (standing) (Ex. DUT-MD-005)
United States District Court for the District of Maryland (Blake, J.), Memorandum opinion, Antietam Battlefield KOA v. Hogan, No. 1:20-cv-01130-CCB, ECF No. 40 (D. Md. May 20, 2020) (refusing a preliminary injunction against the Governor's orders) (Ex. DUT-MD-017)
Indiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 10, Article 14, chapter 3: sections 10-14-3-11 (governor's orders), 10-14-3-12 (disaster emergency; gubernatorial powers), 10-14-3-22(b) (orders have the force of law), 10-14-3-34 (infraction, as amended by P.L.64-2021) (standing) (Ex. DUT-IN-002)
Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A, Catastrophic Health Emergencies), Statute (standing) (Ex. DUT-MD-007)
Rhode Island General Assembly (powers vested in the Governor; duties imposed on State health authorities and local code enforcement officials), R.I. Gen. Laws § 30-15-9 (standing) (Ex. DUT-RI-008)
South Dakota Legislature (codified statute administered by the Governor and the Department of Public Safety), SDCL ch. 34-48A, Emergency Management (§§ 34-48A-1, 34-48A-2, 34-48A-5, 34-48A-9, 34-48A-49) (standing) (Ex. DUT-SD-006)
General Assembly of Georgia (Georgia Emergency Management Act; Ga. L. 1951, p. 224, as amended through Ga. L. 2011, p. 701 (HB 339) and later), O.C.G.A. section 38-3-51 (standing) (Ex. DUT-GA-007)
Legislative Assembly of North Dakota (codified statute; powers exercised by Governor Doug Burgum under Executive Order 2020-03), N.D.C.C. 37-17.1-05 (with 37-17.1-10 for local declarations) (standing) (Ex. DUT-ND-005)
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)
Alaska State Legislature (Alaska Disaster Act; administered by the Department of Military and Veterans' Affairs, AS 26.23.220), AS 26.23.020 and AS 26.23.025 (standing) (Ex. DUT-AK-002)
General Assembly of the Commonwealth of Pennsylvania, Statute (Emergency Management Services Code, Title 35, Part V, Chapter 73, sec. 7301) (standing) (Ex. DUT-PA-003)
Supreme Court of Pennsylvania (Donohue, J., for the Court; Saylor, C.J., Baer, Todd, Dougherty, Wecht and Mundy, JJ.), Judicial opinion (majority opinion on an emergency application for extraordinary relief) (Apr. 13, 2020) (Ex. DUT-PA-020)
Montana Legislature (Montana Code Annotated, Title 10, ch. 3), Mont. Code Ann. 10-3-104 (standing) (Ex. DUT-MT-008)
Executive Office of the Governor (FAQ released Apr. 3, 2020 to accompany Executive Order 20-91; the copy saved is Palm Beach County's archived copy of the State document), FAQs for Executive Order 20-91: Essential Services and Activities during COVID-19 (Apr. 3, 2020) (Ex. DUT-FL-017)
Idaho Legislature (Idaho Code tit. 46, ch. 10, State Disaster Preparedness Act), Idaho Code section 46-1008 (text as in force March 2020 through May 9, 2021) (standing) (Ex. DUT-ID-008)
Oklahoma Legislature (Oklahoma Emergency Management Act of 2003), 63 O.S. 683.9 (text effective Nov. 1, 2009 to June 30, 2025) (standing) (Ex. DUT-OK-006)
General Assembly of South Carolina, S.C. Code Ann. § 25-1-440 (standing) (Ex. DUT-SC-005)
United States District Court, M.D. Ala. (Watkins, J.), Case v. Ivey, No. 2:20-cv-777-WKW, Doc. 54 (M.D. Ala. June 1, 2021) (Memorandum and Opinion Order) (Ex. DUT-AL-021)
General Court; approved by the Governor July 20, 1950 (emergency law), St. 1950, c. 639 (the Civil Defense Act), ss. 1, 5, 7, 8, 8A (standing) (Ex. DUT-MA-012)
Minnesota Legislature (Minnesota Emergency Management Act of 1996, Minn. Stat. ch. 12, as amended), Minn. Stat. ch. 12 (2020), Emergency Management (standing) (Ex. DUT-MN-006)
Texas Legislature (Government Code ch. 418), Tex. Gov't Code §§ 418.018(c) and 418.108(g) (standing) (Ex. DUT-TX-011)
United States District Court for the District of Maryland (Blake, J.), Memorandum opinion, Antietam Battlefield KOA v. Hogan, No. 1:20-cv-01130-CCB, ECF No. 71 (D. Md. Nov. 18, 2020) (granting the motion to dismiss the amended complaint) (Ex. DUT-MD-018)
Rhode Island General Assembly (power vested in the Governor and the Director of Health), R.I. Gen. Laws § 23-8-18 (standing) (Ex. DUT-RI-007)
Maryland General Assembly (Public Safety Article, Title 14, Subtitle 1), Statute (standing) (Ex. DUT-MD-006)
Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A), Statute (standing) (Ex. DUT-MD-008)
State of Montana, State Emergency Operations Center, Joint Information Center (JIC) (Office of the Governor; hosted at covid19.mt.gov), State of Montana Coronavirus Frequently Asked Questions, updated April 14, 2020, 10:30 a.m. (Apr. 14, 2020) (Ex. DUT-MT-020)
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 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)
Georgia Department of Economic Development (GDEcD), the agency Executive Order 04.02.20.01 authorized to issue guidance on Critical Infrastructure status, GDEcD COVID-19 business guidance page (georgia.org/covid19), as archived April 13, 2020 (Apr. 13, 2020) (Ex. DUT-GA-016)
Indiana General Assembly (Indiana Code 2020 edition), Ind. Code Title 10, Article 14 (2020 edition): section 10-14-3-34 (Offenses) as in force from the recodification of 2003 through April 14, 2021, with sections 10-14-3-11, -12 and -22 (standing) (Ex. DUT-IN-015)
Attorney General Derek Schmidt (Office of the Kansas Attorney General), Memorandum to Kansas Prosecutors and Law Enforcement, 'State and local law enforcement duties and authorities under emergency powers invoked in connection with COVID-19 response' (March 24, 2020) (Mar. 24, 2020) (Ex. DUT-KS-017)
Oregon State Police (published by Oregon OSHA, Department of Consumer and Business Services, as the attachment to its COVID-19 Q&A), Oregon State Police, Emergency Declaration Enforcement FAQ (Mar. 24, 2020): law-enforcement guidance on enforcement of Executive Order 20-12, 'Stay Home, Save Lives' (Ex. DUT-OR-010)
Arizona Legislature (Arizona Revised Statutes, title 26, ch. 2, art. 1), Statute (standing) (Ex. DUT-AZ-007)
Hon. Daniel D. Domenico, U.S. District Judge, Order Denying Plaintiff's Request for Preliminary Injunction, Lawrence v. Colorado, No. 1:20-cv-00862-DDD-SKC, ECF No. 19 (Apr. 19, 2020) (Ex. DUT-CO-012)
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)
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 York State Legislature (Executive Law, article 2-B); powers exercised by the chief executive of every county, city, town and village, N.Y. Executive Law § 24 (local state of emergency; local emergency orders by chief executive) (standing) (Ex. DUT-NY-011)
Texas Department of State Health Services (DSHS); Commissioner John Hellerstedt, M.D, DSHS News Release, 'Texas Health Commissioner Declares Public Health Disaster' (March 19, 2020) (Mar. 19, 2020) (Ex. DUT-TX-008)
General Assembly of Virginia (Code of Virginia, Title 32.1, Chapter 2, Disease Prevention and Control), Va. Code Title 32.1, Chapter 2 (sections 32.1-35 to 32.1-73.x), including Article 3 Disease Control (sections 32.1-42 Emergency rules and regulations; 32.1-43 Authority of State Health Commissioner to require quarantine, etc.; 32.1-48 Powers of Commissioner in epidemic) and Article 3.01 Isolation and Quarantine of Persons with Communicable Diseases of Public Health Threat (sections 32.1-48.05 to 32.1-48.017) (standing) (Ex. DUT-VA-002)
