130th Maine Legislature (L.D. 1, S.P. 29); became law without the Governor's signature, Public Law 2021, chapter 28 (L.D. 1), An Act To Establish the COVID-19 Patient Bill of Rights and To Amend the Governor's Emergency Powers, Part C, enacting 37-B M.R.S. sec. 742(1)(E) (standing) (Ex. DUT-ME-016)
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)
General Assembly of Arkansas (Acts 1973, No. 511, sec. 8; Arkansas Emergency Services Act of 1973), Ark. Code Ann. 12-75-114, Governor -- Disaster emergency responsibilities (standing) (Ex. DUT-AR-005)
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)
Supreme Court of Connecticut (McDonald, J., for a unanimous court; Robinson, C.J., and McDonald, D'Auria, Mullins, Kahn, Ecker and Keller, Js.), Casey v. Lamont, SC 20494 (argued Dec. 11, 2020; officially released Mar. 29, 2021), 338 Conn. 479, 258 A.3d 647 (2021) (Ex. DUT-CT-011)
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)
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)
Governor Charles D. Baker, Governor's Declaration Pursuant to General Laws Chapter 17, Section 2A (May 28, 2021) (library exhibit MA-049; cross-reference, not re-saved) (Ex. DUT-MA-028)
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)
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)
Florida Legislature (codified statute); exercised by the Governor, Statute: Fla. Stat. § 252.36 (2020) (standing) (Ex. DUT-FL-005)
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)
Superior Court of New Jersey, Appellate Division (published opinion, Docket No. A-0639-20; on appeal from the Law Division, Sussex County, L-0388-20), JWC Fitness, LLC v. Murphy, No. A-0639-20 (N.J. Super. Ct. App. Div. Oct. 18, 2021) (approved for publication) (Ex. DUT-NJ-013)
State of Vermont, Attorney General T.J. Donovan; Club Fitness of Vermont, Inc. and Sean Manovill (settlement filed for court approval January 15, 2021); reported by VTDigger (Alan J. Keays), January 15, 2021, State v. Club Fitness of Vermont, Inc. (Rutland Super. Ct., Civ. Div.): settlement filed January 15, 2021 (agreement to comply with the Governor's executive order; $1,000 payment) (Jan. 15, 2021) (Ex. DUT-VT-020)
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)
General Court (codified statute administered by the Commissioner of Public Health), G.L. c. 17, s. 2A (standing) (Ex. DUT-MA-001)
Maine Legislature (22 M.R.S. chapter 250, Control of Notifiable Diseases and Conditions; administered by the Department of Health and Human Services through the Maine Center for Disease Control and Prevention), 22 M.R.S. secs. 801-825: sec. 801(4-A) (extreme public health emergency) and 801(10) (public health threat); sec. 802 (authority of department; health emergency; emergency rules; Governor's declaration); sec. 803 (inspection); sec. 804 (enforcement by agents, local health officers, sheriffs and law enforcement; cease-and-desist; fines; injunction); sec. 805 (court orders); sec. 807 (control of communicable diseases; designated facilities); sec. 808 (investigations); sec. 810 (emergency temporary custody of person or property); secs. 811-812 (court-ordered public health measures); sec. 816 (compliance-conditioned immunity); sec. 820 (extreme public health emergency powers); secs. 821-822 (reporting); sec. 825 (penalties) (standing) (Ex. DUT-ME-001)
Legislature of New Mexico (Public Health Emergency Response Act), NMSA 1978, Sections 12-10A-5 (Declaring a state of public health emergency) and 12-10A-6 (Special powers during a public health emergency) (standing) (Ex. DUT-NM-004)
Oklahoma Legislature (Catastrophic Health Emergency Powers Act), 63 O.S. 6403 (standing) (Ex. DUT-OK-008)
General Assembly of South Carolina, S.C. Code Ann. § 25-1-440 (standing) (Ex. DUT-SC-005)
United States Court of Appeals for the Fifth Circuit (Duncan, J., joined by Elrod, J.; Dennis, J., dissenting), In re Abbott, No. 20-50264 (5th Cir. Apr. 7, 2020) (published), 954 F.3d 772 (Ex. DUT-TX-021)
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)
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)
United States District Court for the Middle District of Tennessee (Richardson, J.), The Local Spot, Inc. v. Lee, No. 3:20-cv-00421, Doc. 59 (M.D. Tenn. July 14, 2020) (order refusing temporary restraining order) (Ex. DUT-TN-018)
Commonwealth of Virginia, Office of the Attorney General (Michelle S. Kallen and Toby J. Heytens), for Governor Northam and State Health Commissioner Oliver, Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction, Tigges v. Northam, No. 3:20-cv-00410-JAG (E.D. Va.), Document 13 (filed July 8, 2020), 35 pages (Ex. DUT-VA-019)
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)
Commissioner of Public Health, with the authorization of the Public Health Council (June 9, 2021) and the approval of the Governor, COVID-19 Public Health Emergency Order No. 2021-1 (June 14, 2021) (library exhibit MA-054; cross-reference, not re-saved) (Ex. DUT-MA-030)
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)
Supreme Court of New Mexico, Lujan Grisham v. Romero, 2021-NMSC-009, 483 P.3d 545, No. S-1-SC-38396 (N.M. Feb. 15, 2021) (standing) (Ex. DUT-NM-013)
Oregon Court of Appeals (Kamins, J., with Tookey, P.J., and Egan, J.); review denied by the Oregon Supreme Court, Along Came Trudy LLC v. Oregon Liquor and Cannabis Commission, 330 Or App 295, 543 P3d 751 (Jan. 24, 2024), rev den, 372 Or 588 (July 18, 2024) (A178679; OLCC21V003): judicial review affirming cancellation of a Lane County restaurant and event venue's liquor license for three violations of EO 20-66 (indoor dining while prohibited) (Ex. DUT-OR-016)
Texas Legislature (Government Code ch. 418), Tex. Gov't Code §§ 418.018(c) and 418.108(g) (standing) (Ex. DUT-TX-011)
Office of the Governor (document hosted by the Virginia Department of Labor and Industry), Frequently Asked Questions Regarding Executive Order Fifty-Three (Apr. 13, 2020) (Ex. DUT-VA-017)
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)
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)
New York State Legislature (S. 5177, signed by Governor Cuomo April 6, 2021), Chapter 96 of the Laws of 2021 (S. 5177), repealing Public Health Law article 30-D (Emergency or Disaster Treatment Protection Act) (standing) (Ex. DUT-NY-018)
Office of the Governor with the Pennsylvania Department of Health, Executive FAQ (published PDF) (Oct. 6, 2020) (Ex. DUT-PA-015)
Utah Legislature, 2020 Fifth Special Session (S.B. 5011, Chief Sponsor Sen. Curtis S. Bramble, House Sponsor Rep. Mike Schultz; signed by Governor Herbert July 7, 2020), S.B. 5011, High Risk Population Protection Amendments (enrolled copy) (July 7, 2020) (Ex. DUT-UT-016)
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)
Vermont General Assembly (Title 20, chapter 1), 20 V.S.A. sec. 20 (Immunities and defenses) (standing) (Ex. DUT-VT-013)
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 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)
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)
Governor Ned Lamont, Executive Order No. 7U, § 1 (Apr. 5, 2020): Protection from Civil Liability for Actions or Omissions in Support of the State's COVID-19 Response (health care professionals and facilities); superseded and replaced by EO 7V § 6 (Apr. 7, 2020, Ex. CT-014); facility immunity expired Mar. 1, 2021 by EO 10A § 4 (Ex. CT-036) (Ex. DUT-CT-012)
United States District Judge Raag Singhal, Court decision: Henry v. DeSantis, No. 9:20-cv-80729-AHS, Doc. 9 (S.D. Fla. May 11, 2020), reported at 461 F. Supp. 3d 1244 (Ex. DUT-FL-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)
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 (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)
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)
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, 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 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)
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)
New Jersey Legislature (219th Legislature, S2333/A3910); approved by Governor Philip D. Murphy, P.L. 2020, c. 18, An Act providing immunity from liability for certain claims alleging injury or death during public health emergency and state of emergency and facilitating issuance of temporary licenses and certifications (Apr. 14, 2020) (Ex. DUT-NJ-007)
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)
Oregon Court of Appeals, JGB Enterprises, LLC v. Oregon Liquor and Cannabis Commission, 325 Or App 326, 529 P3d 262 (Apr. 19, 2023) (A176066): judicial review affirming a default order suspending a Lane County saloon's liquor license for 38 days for violating EO 20-66 and OHA guidance 'that qualified as public health laws' during Extreme Risk (Jan. 4-Feb. 20, 2021) (Ex. DUT-OR-017)
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)
State Board of Health (Virginia Department of Health), 12VAC5-90, Regulations for Disease Reporting and Control (full chapter), including 12VAC5-90-80 (Lists of diseases that shall be reported), 12VAC5-90-90 (Those required to report), 12VAC5-90-100 (Methods), 12VAC5-90-103 (Isolation for communicable disease of public health threat) and 12VAC5-90-107 (Quarantine) (standing) (Ex. DUT-VA-003)
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)
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)
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)
Maryland General Assembly (Health-General Article, Title 18, Subtitle 9, Catastrophic Health Emergencies), Statute (standing) (Ex. DUT-MD-003)
Office of the Attorney General, Gurbir S. Grewal, Attorney General; Division of Alcoholic Beverage Control, James Graziano, Acting Director, Attorney General press release, 'AG Grewal and Division of Alcoholic Beverage Control Announce Charges Seeking to Suspend Liquor Licenses of 10 Bars and Restaurants Accused of Numerous Violations of Gov. Murphy's Executive Order 194' (Dec. 11, 2020) (Ex. DUT-NJ-018)
Hon. Brian M. Cogan, U.S.D.J, Columbus Ale House, Inc. v. Cuomo, No. 1:20-cv-04291-BMC, Doc. 20 (E.D.N.Y. Oct. 16, 2020) (memorandum decision and order denying preliminary injunction against the midnight closing rule for New York City food service establishments) (Ex. DUT-NY-019)
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)
Delaware General Assembly (codified statute; enacted by 73 Del. Laws, c. 355 (2002)), 20 Del. C. §§ 3131-3147 (Public Health Emergencies: definitions; isolation and quarantine; vaccination and treatment; rules and regulations; liability) (standing) (Ex. DUT-DE-003)
Iowa General Assembly, Iowa Code § 135.144 (2021), Additional duties of the department related to a public health disaster (standing) (Ex. DUT-IA-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)
Illinois Appellate Court, Second District (Justice Zenoff, with Justices Hutchinson and Brennan), Fox Fire Tavern, LLC v. Pritzker, 2020 IL App (2d) 200623 (Nov. 13, 2020) (Ex. DUT-IL-010)
Joint Committee on Administrative Rules (JCAR), Illinois General Assembly (The Flinn Report), The Flinn Report, Vol. 44, Issue 34 (Aug. 21, 2020), summarizing the IDPH emergency amendment to 77 Ill. Adm. Code 690 at 44 Ill. Reg. 13807, effective August 7, 2020 (Ex. DUT-IL-020)
Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A), Statute (standing) (Ex. DUT-MD-009)
Minnesota District Court, First Judicial District, Dakota County (Hon. Jerome B. Abrams), State of Minnesota v. Alibi Drinkery, LLC, No. 19HA-CV-20-4167, Temporary Injunction with incorporated memorandum (filed Dec. 31, 2020) (Ex. DUT-MN-017)
Office of the Attorney General, Gurbir S. Grewal, Attorney General; Division of Alcoholic Beverage Control, James B. Graziano, Director, Attorney General press release, 'AG Grewal Announces Charges Seeking to Suspend Liquor Licenses of 12 Bars and Restaurants Accused of Violating Gov. Murphy's COVID-19 Executive Orders' (Dec. 30, 2020) (Ex. DUT-NJ-015)
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)
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)
General Assembly of South Carolina, S.C. Code Ann. Title 44, Chapter 4, Emergency Health Powers Act, §§ 44-4-100 to 44-4-570 (in particular §§ 44-4-130, 44-4-300, 44-4-310, 44-4-500, 44-4-510, 44-4-520, 44-4-530, 44-4-540) (standing) (Ex. DUT-SC-002)
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)
