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)
Wisconsin Legislature (codified statute; executed by county and municipal local health officers), Wis. Stat. § 252.03 (2019-20), Duties of local health officers (standing) (Ex. DUT-WI-002)
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)
Pennsylvania Department of Health, Agency FAQ (published PDF) (Apr. 15, 2020) (Ex. DUT-PA-008)
Nebraska DHHS, Chief Medical Officer / Director of Public Health Gary Anthone, M.D, Directed Health Measure Order 2020-SCHD-012 (cross-reference to Ex. NE-021; not re-saved) (Nov. 9, 2020) (Ex. DUT-NE-025)
Wyoming Department of Health, COVID-19: Guidance for Restaurants, Bars, and Other Businesses from the Wyoming Department of Health (October 1, 2020) (Oct. 1, 2020) (Ex. DUT-WY-020)
Lincoln-Lancaster County Health Department, Interim Health Director Pat Lopez, Lincoln-Lancaster County Directed Health Measures 2020-07 (cross-reference to Ex. NE-079; not re-saved) (July 17, 2020) (Ex. DUT-NE-030)
Wyoming Department of Health, State Health Officer Alexia Harrist, Third Continuation, and Modification, of Statewide Public Health Order #3 (cross-reference to Ex. WY-014) (Apr. 28, 2020) (Ex. DUT-WY-023)
Wyoming Department of Health, State Health Officer Alexia Harrist, Fourth Continuation, and Modification, of Statewide Public Health Order #1 (cross-reference to Ex. WY-016) (May 13, 2020) (Ex. DUT-WY-024)
Wyoming Department of Health, State Health Officer Alexia Harrist, Seventh Continuation, and Modification, of Statewide Public Health Order #1 (cross-reference to Ex. WY-020) (June 29, 2020) (Ex. DUT-WY-025)
Wyoming Department of Health, State Health Officer Alexia Harrist, Ninth Continuation, and Modification, of Statewide Public Health Order #1 (cross-reference to Ex. WY-024) (July 28, 2020) (Ex. DUT-WY-027)
Office of the Attorney General for the District of Columbia (Attorney General Karl A. Racine), OAG press release, 'AG Racine Announces Urban Athletic Club Must Pay $10K Penalty for Failing to Comply With COVID-19 Health and Safety Requirements' (Feb. 4, 2021), announcing the settlement of District of Columbia v. Urban Athletic Club (Ex. DUT-DC-019)
Department of Health and Social Services, Division of Public Health (Public Health Authority), DPH Enforcement Actions: COVID-19 Enforcement Actions (administrative penalty letters and cease-and-desist notices to businesses, Aug.-Dec. 2020) (Dec. 22, 2020) (Ex. DUT-DE-011)
Chief Judge Jane Magnus-Stinson, U.S. District Court, S.D. Ind, Order on Motion to Remand and Motion for Preliminary Injunctive Relief, Bar Indy LLC v. City of Indianapolis, No. 1:20-cv-02482-JMS-DML, Doc. 33 (S.D. Ind. Dec. 22, 2020) (43 pages) (Ex. DUT-IN-009)
Missouri General Assembly (Revised Statutes of Missouri, chapter 192), RSMo 192.300 (standing) (Ex. DUT-MO-003)
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)
Office of the Attorney General for the District of Columbia (Attorney General Karl A. Racine), OAG press release, 'AG Racine Announces Urban Athletic Club Will Comply With COVID-19 Health and Safety Requirements' (Dec. 15, 2020), announcing the interim agreement in District of Columbia v. Urban Athletic Club (D.C. Super. Ct.) (Ex. DUT-DC-017)
Nebraska DHHS, Chief Medical Officer / Director of Public Health, Directed Health Measure Order 2020-NEHD-002 (Phase II) (cross-reference to Ex. NE-013; not re-saved) (May 29, 2020) (Ex. DUT-NE-029)
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)
Christina Lewis, MS REHS, Industrial Hygienist, Alaska Occupational Safety and Health (AKOSH), Department of Labor and Workforce Development, Presentation, 'Opening Alaska Safely During COVID-19 Pandemic' (May 19, 2020) (Ex. DUT-AK-010)
Office of the Attorney General for the District of Columbia (Attorney General Karl A. Racine), OAG press release, 'AG Racine Sues Washington Sports Club For Flouting COVID-19 Emergency Health and Safety Requirements' (Mar. 11, 2021), announcing District of Columbia v. New TSI Holdings, Inc. (D.C. Super. Ct.) (Ex. DUT-DC-016)
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)
Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA, Questions and Answers Regarding the Oregon Occupational Safety and Health Division's (Oregon OSHA) Education and Enforcement of Issues Related to COVID-19 (updated Mar. 27, 2020): the agency's statement of the employer's statutory duty and of its authority to enforce the Governor's executive orders at the workplace (standing) (Ex. DUT-OR-015)
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)
California Department of Public Health and Division of Occupational Safety and Health (Cal/OSHA), under the State Public Health Officer orders of May 7, 2020 (CA-015 paragraph 2, 'necessary modifications') and Aug. 28, 2020 (CA-017 paragraphs 1 and 8), COVID-19 Industry Guidance: Retail (July 29, 2020 version), covid19.ca.gov (Ex. DUT-CA-014)
Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A), Statute (standing) (Ex. DUT-MD-008)
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)
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)
United States Court of Appeals for the Eighth Circuit (Colloton, J., joined by Kelly and Stras, JJ.), Hawse v. Page, No. 20-1960 (8th Cir. July 30, 2021), reported at 7 F.4th 685 (Ex. DUT-MO-015)
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)
Division of Public Health, Office of Food Protection (Department of Health and Social Services), Reopening Phase II Requirements for Food Establishments (Revised 6.15.2020) (June 15, 2020) (Ex. DUT-DE-017)
Michigan Court of Appeals (Boonstra, P.J., and Gadola and Yates, JJ.; opinion by Gadola, J.), on appeal from the Court of Claims, No. 21-000075-MM, T & V Associates, Inc. v. Director of Health and Human Services, No. 361727 (Mich. Ct. App. June 29, 2023) (for publication) (Ex. DUT-MI-019)
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)
New York State Legislature (Labor Law, article 7; NY HERO Act, L. 2021, ch. 105, § 1, as amended by L. 2021, ch. 142); Commissioner of Labor in consultation with the Commissioner of Health, N.Y. Labor Law § 218-b (prevention of occupational exposure to an airborne infectious disease), codified text as amended (standing) (Ex. DUT-NY-014)
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)
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)
Oklahoma Legislature (Oklahoma Municipal Code, Title 11), 11 O.S. 22-120 (with 22-121), in the Legislature's complete Title 11 (page 182 of the exhibit) (standing) (Ex. DUT-OK-009)
Alabama Department of Public Health (posted with the Safer at Home Order of April 28, 2020), Guidelines for Safeguarding All Businesses (ADPH, 5/2020) (Apr. 28, 2020) (Ex. DUT-AL-019)
Department of Health, Environmental Health Administration (Sanitation Branch), State Roadmap to Recovery and Resilience: Guidance for Reopening Food Services Sector (Restaurants, Markets, and Food Manufacturing), Ver. 1.0 (May 21, 2020) (Ex. DUT-HI-014)
Illinois Department of Public Health, Emergency amendment to 77 Ill. Adm. Code 690 adding Section 690.50, Pandemic or Epidemic Respiratory Disease - Emergency Provisions (Aug. 7, 2020) (Ex. DUT-IL-004)
Office of the Governor with the Pennsylvania Department of Health, Executive FAQ (published PDF) (Oct. 6, 2020) (Ex. DUT-PA-015)
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)
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)
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)
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)
Minnesota Department of Labor and Industry with the Department of Health and the Department of Employment and Economic Development (the 'Plan Guidance' the executive orders incorporate), COVID-19 Preparedness Plan Requirements Guidance, General (all businesses), updated July 29, 2020 (Ex. DUT-MN-013)
General Assembly of South Carolina, S.C. Code Ann. § 25-1-440 (standing) (Ex. DUT-SC-005)
Joint Committee on Administrative Rules (JCAR), Illinois General Assembly (The Flinn Report), describing the Illinois Department of Public Health's emergency rule, Emergency amendment to 77 Ill. Adm. Code 690 (Section 690.50), 45 Ill. Reg. 987, effective January 4, 2021, as summarized in The Flinn Report, Vol. 45, Issue 3 (Jan. 15, 2021), with JCAR's vote of January 12, 2021 (Jan. 4, 2021) (Ex. DUT-IL-019)
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 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)
State of Delaware (coronavirus.delaware.gov, the State's official COVID-19 site; Division of Small Business and Division of Public Health guidance), Phase 1: June 1 - June 14, 2020 (State reopening page restating the Phase 1 Reopen Plan guidance for businesses, the May 1, 2020 face-covering duties of businesses, and the employer exposure-control plan guidance) (June 1, 2020) (Ex. DUT-DE-015)
Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013)
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)
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 Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA), SC OSHA FastFind, 'Corona Virus (COVID-19) Prevention: General Requirements and Prevention Ideas for Workplaces' (created April 20, 2020) (standing) (Ex. DUT-SC-014)
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)
Connecticut Department of Economic and Community Development (DECD), in consultation with the Commissioner of Public Health, under Executive Order No. 7V § 1, DECD, Safe Workplace Rules for Essential Employers (Apr. 7, 2020; version captured Apr. 15, 2020) (Ex. DUT-CT-015)
State of Delaware (coronavirus.delaware.gov; Division of Small Business and Division of Public Health guidance), Phase 2: June 15, 2020 (State reopening page restating the 'Phase 2 Responsibilities of all Businesses' and linking the Phase 2 General Guidance, industry guidance and DPH food-establishment requirements) (Ex. DUT-DE-016)
Illinois Department of Public Health and Illinois Department of Commerce and Economic Opportunity, Joint IDPH-DCEO release, 'State of Illinois Updates Safety Guidelines for Restaurants and Bar Establishments to Protect Patrons and Workers from COVID-19' (revised Phase 4 restaurant and bar guidelines effective August 26, 2020) (Aug. 25, 2020) (Ex. DUT-IL-017)
Department of Labor Standards and Department of Public Health (with the Executive Office of Housing and Economic Development), under COVID-19 Order No. 33, s. 2, Mandatory Safety Standards for Workplaces (Reopening Massachusetts, May 18, 2020), with the sector-specific workplace safety standards, protocol summaries and checklists issued under Order No. 33 s. 2 (May 2020 to May 2021) (Ex. DUT-MA-033)
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)
General Assembly of Ohio (Ohio Revised Code, Chapter 3701), Statute (effective September 10, 2012, Am. Sub. H.B. 487, 129th G.A.) (standing) (Ex. DUT-OH-004)
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)
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 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)
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)
Attorney General Steve Marshall, Office of the Attorney General of Alabama, Guidance for Law Enforcement: Enforcement of 'Stay at Home' Order (April 5, 2020) (Apr. 5, 2020) (Ex. DUT-AL-017)
Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064)
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)
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)
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)
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)
Colorado Attorney General, Department of Law, Consumer Protection Section, Consumer Credit Unit (Martha Fulford, Administrator of the Uniform Consumer Credit Code), Memorandum to Entities Regulated by the Consumer Credit Unit, RE: COVID-19 (Mar. 20, 2020) (Ex. DUT-CO-011)
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)
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)
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)
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)
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)
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)
Maryland General Assembly (Public Safety Article, Title 14, Subtitle 1), Statute (standing) (Ex. DUT-MD-006)
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)
