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)
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)
Supreme Judicial Court of Massachusetts (Lenk, Gaziano, Lowy, Budd, Cypher, Kafker, JJ.; opinion by Budd, J.), Desrosiers v. Governor, 486 Mass. 369, SJC-12983 (argued Sept. 11, 2020; decided Dec. 10, 2020) (standing) (Ex. DUT-MA-020)
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)
South Dakota Department of Health / covid.sd.gov (Office of the Governor), Flyer: 'Combat the Spread of COVID-19: Follow the Governor's Executive Order. What can community leaders do?' (dated April 3, 2020) (Apr. 3, 2020) (Ex. DUT-SD-018)
Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A, Catastrophic Health Emergencies), Statute (standing) (Ex. DUT-MD-007)
Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, oregonlegislature.gov, 2025 Edition), Statute: ORS chapter 433 (Disease and Condition Control), Oregon's communicable-disease control act: reportable diseases, investigation and control measures (433.004, 433.006); prohibition on spreading disease (433.010); isolation and quarantine of persons and isolation of premises, with law-enforcement assistance (433.121-433.156); public health emergency powers of the Governor and the Public Health Director (433.441-433.452); penalties (433.990) (standing) (Ex. DUT-OR-001)
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)
Tennessee General Assembly (codified statute); exercised by the Governor, Tenn. Code Ann. sec. 58-2-107 (standing) (Ex. DUT-TN-006)
Iowa General Assembly, Iowa Code ch. 29C (2021), including § 29C.6 (Proclamation of disaster emergency by governor) and § 29C.18 (Enforcement duties) (standing) (Ex. DUT-IA-005)
Michigan Legislature (Emergency Management Act, 1976 PA 390), MCL 30.405, Powers of governor upon declaration of state of disaster or emergency; willful disobedience a misdemeanor (standing) (Ex. DUT-MI-010)
General Assembly of South Carolina, S.C. Code Ann. §§ 1-3-420, 1-3-430, 1-3-440, 1-3-460 (Title 1, Chapter 3, Article 7) (standing) (Ex. DUT-SC-006)
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)
Florida Legislature (codified statute); exercised by the Governor, Statute: Fla. Stat. § 252.36 (2020) (standing) (Ex. DUT-FL-005)
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)
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)
Kentucky General Assembly (KRS ch. 39A), KRS 39A.100 (standing) (Ex. DUT-KY-017)
Montana Legislature (Montana Code Annotated, Title 10, ch. 3), Mont. Code Ann. 10-3-104 (standing) (Ex. DUT-MT-008)
Nebraska Legislature, Neb. Rev. Stat. § 81-829.40 (cross-reference to Ex. NE-100; not re-saved) (standing) (Ex. DUT-NE-008)
Utah Legislature (Utah Code Title 53, Chapter 2a, Part 2; version effective June 25, 2020), Utah Code section 53-2a-204 (standing) (Ex. DUT-UT-009)
Legislature of Alabama (Code of Alabama 1975, Title 22, chapter 12), Ala. Code ch. 22-12 (Quarantine) (standing) (Ex. DUT-AL-004)
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)
Governor JB Pritzker (Office of the Governor release, with IDPH Director Ngozi Ezike), Press release, 'Gov. Pritzker Announces Efforts to Protect Illinois Communities and Frontline Workers in Response to Ongoing COVID-19 Pandemic' (announcing the IDPH emergency rules for businesses, schools and child care and the signing of SB 471) (Aug. 7, 2020) (Ex. DUT-IL-016)
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)
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, 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)
Supreme Court of North Carolina, Kinsley v. Ace Speedway Racing, Ltd., No. 280PA22 (N.C. Aug. 23, 2024), affirming 284 N.C. App. 665 (2022) (Ex. DUT-NC-017)
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)
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)
Supreme Court of New Mexico (Vigil, J., for a unanimous Court), Grisham v. Reeb, 2021-NMSC-006, 480 P.3d 852, No. S-1-SC-38336 (N.M. Nov. 5, 2020) (standing) (Ex. DUT-NM-012)
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)
Legislature of the State of Hawaii (codified as Hawaii Revised Statutes chapter 127A, Emergency Management, Act 111, Session Laws of Hawaii 2014), Hawaii Revised Statutes chapter 127A (Emergency Management), in particular §§ 127A-9, 127A-12(b)(14), 127A-13(a)(1), 127A-25 and 127A-29 (standing) (Ex. DUT-HI-001)
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)
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)
Office of the Governor with the Pennsylvania Department of Health, Executive FAQ (published PDF) (Oct. 6, 2020) (Ex. DUT-PA-015)
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)
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)
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, 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)
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)
Supreme Court of Delaware (Seitz, C.J.; Valihura, Traynor, LeGrow and Griffiths, JJ., en banc), Opinion, In re COVID-Related Restrictions on Religious Services, No. 354, 2023 (Del. Aug. 1, 2024) (affirming the Court of Chancery, C.A. No. 2021-1036, and the Superior Court, C.A. No. N23C-01-123) (standing) (Ex. DUT-DE-012)
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, COVID-19 Order No. 48 (Aug. 18, 2020) (library exhibit MA-028; cross-reference, not re-saved) (Ex. DUT-MA-026)
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 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)
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)
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)
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)
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)
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)
General Assembly of North Carolina, N.C. Gen. Stat. sec. 166A-19.31 (Power of municipalities and counties to enact ordinances to deal with states of emergency) (standing) (Ex. DUT-NC-012)
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)
General Assembly of South Carolina, S.C. Code Ann. § 16-7-10 (standing) (Ex. DUT-SC-004)
Texas Legislature (Health and Safety Code ch. 81, Subchapter E), Tex. Health & Safety Code § 81.085 (standing) (Ex. DUT-TX-005)
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)
United States District Court, D. Conn. (Shea, J.), Amato v. Elicker, No. 3:20-cv-464 (MPS), ECF No. 32, Ruling on Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (D. Conn. May 19, 2020), reported at 460 F. Supp. 3d 202 (Ex. DUT-CT-007)
Georgia Department of Public Health (rules filed with the Secretary of State; Ga. Comp. R. & Regs. Chapter 511-9-1), Ga. Comp. R. & Regs. r. 511-9-1-.01 to 511-9-1-.05 (standing) (Ex. DUT-GA-005)
Association County Commissioners of Georgia (ACCG), the statewide association of Georgia's 159 county governments, ACCG, State Laws Impacting Georgia Counties during the 2020 Public Health Emergency (Mar. 16, 2020; updated Mar. 17, 2020) (Ex. DUT-GA-018)
Iowa General Assembly, Iowa Code ch. 137 (2021), including § 137.104 (Local boards of health - powers and duties) and § 137.117 (Penalties - criminal and civil) (standing) (Ex. DUT-IA-008)
Iowa Department of Public Safety and Iowa Department of Public Health, DPS and DPH Explain Legal Authorities Under Disaster Emergency Proclamation (news release) (Mar. 17, 2020) (Ex. DUT-IA-013)
Iowa Department of Public Health, Public Health COVID-19 Reopening Guidance (4/27/20) (Apr. 27, 2020) (Ex. DUT-IA-016)
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)
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)
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)
General Court (codified statute; powers exercised by municipal boards of health), G.L. c. 111, s. 31 (standing) (Ex. DUT-MA-004)
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 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)
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)
Attorney General Alan Wilson, by Robert D. Cook, Solicitor General (letter to Chief Mark A. Keel, South Carolina Law Enforcement Division), Op. S.C. Att'y Gen. (letter to SLED Chief Keel), March 24, 2020, re Section 16-7-10 (Mar. 24, 2020) (Ex. DUT-SC-017)
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)
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)
West Virginia Legislature (codified statute), W. Va. Code § 61-5-17 (standing) (Ex. DUT-WV-010)
Legislative Assembly of North Dakota (codified statute administered by the State Department of Health, since 2022 the Department of Health and Human Services), N.D.C.C. 23-01-03, 23-01-04, 23-01-05 (standing) (Ex. DUT-ND-001)
