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)
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)
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)
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)
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)
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)
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)
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)
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 Alabama (Bolin, J.), Munza v. Ivey, No. 1200003 (Ala. Mar. 19, 2021), 334 So. 3d 211 (Ex. DUT-AL-020)
Office of the Illinois Attorney General (Kwame Raoul), with the Governor's Office, Illinois Department of Labor, Illinois Department of Employment Security and Illinois Department of Public Health, Guidance for Employers and Employees on Workers' Rights and Safety During the Restore Illinois Plan (revision of December 9, 2020) (Dec. 9, 2020) (Ex. DUT-IL-013)
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)
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)
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)
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)
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)
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)
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)
Utah Labor Commission, Utah Occupational Safety and Health Division (UOSH), 'At the direction of Governor Gary Herbert', UOSH Emergency Rule, Utah Administrative Code R614-1-5.F, Face Mask Use to Prevent the Spread of COVID-19 (Filing No. 53189) (Nov. 9, 2020) (Ex. DUT-UT-018)
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)
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)
Office of the Governor with the Pennsylvania Department of Health, Executive FAQ (published PDF) (Oct. 6, 2020) (Ex. DUT-PA-015)
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)
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)
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)
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)
Cabinet for Health and Family Services, Department for Public Health, Division of Epidemiology (Secretary Eric C. Friedlander; Governor Andy Beshear), 902 KAR 2:210E (new emergency administrative regulation) (Aug. 7, 2020) (Ex. DUT-KY-018)
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)
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. 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 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, 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)
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)
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)
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)
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)
Mississippi State Department of Health (State Health Officer), MSDH web page, 'What to Do If You Are Diagnosed with or Exposed to COVID-19 (Isolation and Quarantine)' (msdh.ms.gov/msdhsite/_static/14,22245,420,878.html), as captured Aug. 25, 2021 (Ex. DUT-MS-019)
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)
Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA, List of Oregon OSHA Citations Identified as Related to COVID-19 (June 2, 2021): the agency's account of its COVID-19 enforcement (complaints, inspections, citations and penalties) with the willful and serious citations listed by county and employer (Ex. DUT-OR-014)
Washington State Department of Labor and Industries (DOSH), L&I Publication F414-164-000 (July 21, 2020) (Ex. DUT-WA-016)
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 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)
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)
Maryland Occupational Safety and Health (MOSH), Division of Labor and Industry, Maryland Department of Labor, MOSH Fact Sheet (April 2020) (standing) (Ex. DUT-MD-019)
Mississippi State Department of Health, MSDH web page, 'COVID-19 Guidance and Prevention for Individuals and the Community' (msdh.ms.gov/msdhsite/_static/14,21866,420.html), as captured Aug. 25, 2021 (Ex. DUT-MS-012)
Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, Mont. Code Ann. 27-1-1608 (SB 65 sec. 8) (Feb. 10, 2021) (Ex. DUT-MT-016)
Legislative Assembly of North Dakota (codified statute administered by the local boards of health and public health units), N.D.C.C. 23-35-08, 23-35-09, 23-35-12, 23-35-13 (standing) (Ex. DUT-ND-004)
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)
Oregon Court of Appeals (Shorr, P.J., with Pagan, J., and O'Connor, J.), Central Pastime, LLC v. Oregon Liquor and Cannabis Commission, 342 Or App 391 (Aug. 6, 2025) (A180094; OLCCV024): judicial review affirming a 72-day liquor-license suspension for failing to require employees and customers to wear face coverings on Dec. 2, 2020 (OHA July 24, 2020 guidance) and Mar. 27, 2021 (EO 20-66) (Ex. DUT-OR-018)
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)
Utah Office of Administrative Rules (Utah State Bulletin), publishing the Labor Commission's notice of emergency rule (agency head Jaceson R. Maughan, Commissioner, authorization dated November 6, 2020), Utah State Bulletin, Vol. 2020, No. 23 (December 1, 2020), Notice of Emergency (120-Day) Rule, Utah Admin. Code R614-1-5, Filing No. 53189 (Dec. 1, 2020) (Ex. DUT-UT-019)
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)
Wisconsin Legislature (codified statute), Wis. Stat. § 323.28 (2019-20), Penalties (standing) (Ex. DUT-WI-006)
West Virginia Legislature (codified statute), W. Va. Code § 61-5-17 (standing) (Ex. DUT-WV-010)
