Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2019 Edition, as captured by the Wayback Machine Oct. 17, 2020), Statute: ORS chapter 431A (Public Health Programs and Activities), sections 431A.005-431A.015: definitions of 'public health law' and 'public health measure'; power of the Oregon Health Authority and local public health administrators to enforce public health laws, with civil penalties; public health actions of the Public Health Director (standing) (Ex. DUT-OR-002)
Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Statute: ORS chapter 431 (State and Local Administration and Enforcement of Health Laws), sections 431.110, 431.150, 431.155, 431.157 and 431.413: the Oregon Health Authority's supervision of 'all matters relating to the preservation of life and health,' its duty and the local public health administrators' duty to enforce every public health law, and their power to restrain violations by injunction (standing) (Ex. DUT-OR-003)
California Legislature (codified text published by the Legislative Counsel), Statute: Health and Safety Code section 101040, preventive measures by the local health officer during a state of emergency or local emergency (standing) (Ex. DUT-CA-004)
Nevada Legislature; State Board of Health; county, district and city boards of health, Nevada Revised Statutes chapter 439 (Administration of Public Health), NRS 439.010 to 439.990 (standing) (Ex. DUT-NV-002)
California Legislature (codified text published by the Legislative Counsel, leginfo.legislature.ca.gov), Statute: Health and Safety Code, Division 105, Part 1, Chapter 2 (sections 120125-120155), powers of the State Department of Public Health over communicable disease (standing) (Ex. DUT-CA-001)
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)
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)
South Dakota Legislature (codified statute), SDCL ch. 34-16, Nuisances and Health Hazards (§§ 34-16-1, 34-16-2, 34-16-5, 34-16-19 to 34-16-21) (standing) (Ex. DUT-SD-005)
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)
General Assembly of South Carolina (S. 147, ratified R. 39, April 28, 2021; approved by Governor Henry McMaster April 28, 2021), Act No. 99 of 2021 (S. 147, R. 39), a Joint Resolution, the 'South Carolina COVID-19 Liability Immunity Act' (standing) (Ex. DUT-SC-009)
Nebraska Department of Health and Human Services, COVID-19 Directed Health Measures FAQ (cross-reference to Ex. NE-029; not re-saved) (July 30, 2020) (Ex. DUT-NE-032)
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)
Wisconsin Legislature (codified statute), Wis. Stat. § 254.01 (2019-20), Definitions ('human health hazard') (standing) (Ex. DUT-WI-011)
Wyoming Department of Health, COVID-19: Guidance for Employee Screening from the Wyoming Department of Health (June 15, 2020) (Ex. DUT-WY-019)
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)
Idaho Legislature (Idaho Code tit. 39, ch. 4, Public Health Districts), Idaho Code section 39-414 (text as in force 2020 through March 18, 2021) (standing) (Ex. DUT-ID-003)
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)
Wisconsin Legislature (codified statute), Wis. Stat. § 252.25 (2019-20), Violation of law relating to health (standing) (Ex. DUT-WI-004)
Florida Legislature (codified statute); administered by the Department of Health and county health departments, Statute: Fla. Stat. ch. 386, pt. I (2020), ss. 386.01, 386.02, 386.03, 386.041, 386.051 (standing) (Ex. DUT-FL-009)
Nevada Legislature, Nevada Revised Statutes chapter 202 (Crimes Against Public Health and Safety), NRS 202.450, 202.470, 202.480, 202.595 (standing) (Ex. DUT-NV-006)
Louisiana Legislature (codified in the Louisiana Revised Statutes), La. R.S. 40:6 (violations of the Sanitary Code; penalties; injunction; civil fines) (standing) (Ex. DUT-LA-003)
Legislature of Mississippi (Mississippi Code of 1972, Title 41, ch. 3), Miss. Code Ann. § 41-3-17 (standing) (Ex. DUT-MS-002)
General Assembly of Arkansas, 93rd General Assembly (SB 254, Sen. K. Hammer), Act 401 of 2021 (SB 254) (standing) (Ex. DUT-AR-006)
Connecticut General Assembly (Conn. Gen. Stat. chapter 517, Civil Preparedness and Emergency Services), Conn. Gen. Stat. § 28-9 (Governor's powers in a civil preparedness or public health emergency; orders have the full force and effect of law) and § 28-22 (penalty) (standing) (Ex. DUT-CT-003)
Florida Legislature (codified statute); Department of Health, Statute: Fla. Stat. § 381.0011 (2020) (standing) (Ex. DUT-FL-002)
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)
South Dakota Legislature (96th Session); signed by Governor Kristi Noem, 2021 House Bill 1046 (enrolled), An Act to limit liability for certain exposures to COVID-19, adding SDCL ch. 21-68 (Feb. 18, 2021) (Ex. DUT-SD-013)
North Carolina Department of Labor, Occupational Safety and Health Division, NCDOL Safety and Health Topic page, 'COVID-19' (labor.nc.gov/coronavirus): Hazard Overview, Solutions, Regulations ('Which standards apply?'), Learn More (standing) (Ex. DUT-NC-014)
Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 25-1-516 (Unlawful acts - penalties) (local public health orders) (standing) (Ex. DUT-CO-005)
General Assembly of Virginia (Code of Virginia, Title 32.1, Chapter 1, Administration Generally), Va. Code Title 32.1, Chapter 1 (sections 32.1-1 to 32.1-34), including sections 32.1-13 (Emergency orders and regulations), 32.1-20 (Commissioner vested with authority of Board), 32.1-26 (Orders; hearing and notice) and 32.1-27 (Penalties, injunctions, civil penalties and charges for violations) (standing) (Ex. DUT-VA-001)
Wyoming Department of Health, WDH Guidance on Resuming Elective and Non-emergency Procedures (cross-reference to Ex. WY-011) (Apr. 24, 2020) (Ex. DUT-WY-032)
Delaware General Assembly (codified statute), 16 Del. C. §§ 121-129 (Powers and duties of the Department; Effect of regulations and orders; Duty of enforcement; Abatement of nuisances; Threatened epidemics) (standing) (Ex. DUT-DE-005)
Council of the District of Columbia (emergency act approved by Mayor Muriel Bowser), D.C. Act 23-286, COVID-19 Response Supplemental Emergency Amendment Act of 2020, sec. 401(b)(1)(B) (new sec. 7-2304.01(d)(3A)) (Apr. 10, 2020) (Ex. DUT-DC-015)
Idaho Legislature, Sixty-sixth Legislature, First Regular Session; signed by Governor Brad Little Mar. 19, 2021, Senate Bill 1060 (2021 Idaho Sess. Laws ch. 90), amending Idaho Code sections 39-414 and 39-419 (standing) (Ex. DUT-ID-006)
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)
Wisconsin Economic Development Corporation (WEDC), with the Department of Health Services (Badger Bounce Back), WEDC Reopen Guidelines: General Guidance for All Businesses, Best Practices to Reopen (version dated 5.7.2020) (May 7, 2020) (Ex. DUT-WI-015)
Department of Public Health (Commissioner Monica Bharel), DPH Stay-at-Home Advisory (Mar. 23, 2020); Safer at Home Advisory (May 18, 2020); Stay at Home Advisory 10 p.m. to 5 a.m. (Nov. 2, 2020) (library exhibit MA-009; cross-reference; verified_secondary; no file) (Ex. DUT-MA-032)
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)
Legislature of Mississippi (Mississippi Code of 1972, Title 33, ch. 15, Mississippi Emergency Management Law); Governor as the officer empowered, Miss. Code Ann. § 33-15-11(b)(5), (b)(6), (b)(17) and (c)(1) (legislative reprint of 2021) (standing) (Ex. DUT-MS-005)
Legislature of Mississippi (Mississippi Code of 1972, Title 41, ch. 23), Miss. Code Ann. § 41-23-1 (standing) (Ex. DUT-MS-009)
Wisconsin Department of Health Services, Division of Public Health, DHS web guidance, 'COVID-19: Businesses and Employers' (page as captured March 26, 2020) (Mar. 26, 2020) (Ex. DUT-WI-016)
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)
General Assembly of Arkansas (Acts 1881, No. 85, secs. 8-9), Ark. Code Ann. 20-7-113, Nuisances (standing) (Ex. DUT-AR-004)
Florida Legislature (codified statute); Department of Health, Statute: Fla. Stat. § 381.0012 (2020) (standing) (Ex. DUT-FL-003)
Joshua L. Kaul, Attorney General of Wisconsin (Wisconsin Department of Justice), Interim Attorney General Opinion OAG-03-20 to Outagamie County Executive Thomas Nelson (May 15, 2020) (Ex. DUT-WI-017)
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)
Mississippi State Department of Health, MSDH web page, 'Coronavirus COVID-19' (msdh.ms.gov/msdhsite/_static/14,0,420.html), as captured Aug. 25, 2021 (Ex. DUT-MS-018)
New Jersey Legislature (R.S. 1937; amended L.2005, c.222, s.31; L.2012, c.17, s.337), N.J.S.A. 26:4-2, Powers of State department and local board (communicable disease control) (standing) (Ex. DUT-NJ-002)
Office of the Governor with the Pennsylvania Department of Health, Executive FAQ (published PDF) (Oct. 6, 2020) (Ex. DUT-PA-015)
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)
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)
South Dakota Department of Health / covid.sd.gov, Checklist for Communities (COVID-19): Plan and Prepare; Take Action (Apr. 12, 2020) (Ex. DUT-SD-019)
United States Court of Appeals for the Fifth Circuit (published opinion), Big Tyme Investments, L.L.C. v. Edwards, No. 20-30526 c/w No. 20-30537 (5th Cir. Jan. 13, 2021) (Ex. DUT-LA-014)
Rhode Island General Assembly (codified statute administered by the Department of Labor and Training, Division of Occupational Safety), R.I. Gen. Laws § 28-20-8 (standing) (Ex. DUT-RI-012)
Arkansas Department of Labor and Licensing (Secretary Daryl Bassett; Director Ralph T. Hudson), Information and Resources for Employers and Employees Affected by the COVID-19 Emergency (Aug. 3, 2020) (Ex. DUT-AR-012)
Circuit Court of Pulaski County, Arkansas (Judge Wendell Griffen); Supreme Court of Arkansas (No. CV-20-721), Sullivan v. Romero, order of dismissal (Pulaski Cnty. Cir. Ct., Oct. 2020); appeal No. CV-20-721 dismissed on appellants' motion (Ark. Apr. 2021) (Ex. DUT-AR-017)
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)
Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 25-1-114 (Unlawful acts - penalties) (standing) (Ex. DUT-CO-003)
Congress of the United States (Act of Aug. 11, 1939, ch. 601), as amended by the Council of the District of Columbia, D.C. Official Code sec. 7-131 (standing) (Ex. DUT-DC-005)
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)
Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027)
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)
Governor Tom Wolf, Veto message (Veto No. 19 of 2020) (Nov. 30, 2020) (Ex. DUT-PA-011)
General Assembly of the Commonwealth of Pennsylvania (passed both Houses; not enacted), Bill as finally passed (Printer's No. 4625), vetoed Nov. 30, 2020 (Nov. 19, 2020) (Ex. DUT-PA-012)
Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026)
House of Representatives, Thirty-First Legislature of the State of Hawaii, Regular Session of 2021, House Resolution No. 60 (2021), Requesting the Legislative Reference Bureau to Conduct a Study on Business Liability Protections Related to COVID-19-Related Claims (Mar. 5, 2021) (Ex. DUT-HI-018)
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 July 1, 2020 (Ex. DUT-MS-011)
California Legislature (codified text published by the Legislative Counsel), Statute: Evidence Code section 669, presumption of failure to exercise due care from violation of a statute, ordinance or regulation (standing) (Ex. DUT-CA-013)
Idaho Department of Health and Welfare (coronavirus.idaho.gov, the State's official COVID-19 site), Frequently Asked Questions page, 'Updated May 28, 2020' (archived June 3, 2020) (Ex. DUT-ID-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)
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)
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)
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)
New Jersey Legislature (R.S. 1937), N.J.S.A. 26:3-46, Abatement of nuisances (with 26:3-31 ordinance powers, 26:3-45 power to define nuisance, 26:3-64 rule-making, 26:3-70 penalty up to $500) (standing) (Ex. DUT-NJ-016)
Tennessee General Assembly, 111th General Assembly, Second Extraordinary Session; signed by Governor Bill Lee, Tennessee COVID-19 Recovery Act, 2020 Tenn. Pub. Acts (2d Ex. Sess.) ch. 1 (SB 8002 / HB 8001), enacted text as Senate Amendment No. 1 (SA8001) adopted August 12, 2020 (Aug. 17, 2020) (Ex. DUT-TN-010)
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)
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)
Connecticut General Assembly, January Session 2021 (Proposed Bill No. 5125, LCO No. 413; Rep. Fiorello et al.; referred to the Committee on Judiciary), Proposed H.B. No. 5125 (2021), An Act Concerning the Provision of Temporary Immunity from Liability to Entities That Have Safely Operated During the COVID-19 Pandemic (NOT ENACTED) (Jan. 12, 2021) (Ex. DUT-CT-008)
General Assembly of Arkansas (Acts 1913, No. 96, sec. 28), Ark. Code Ann. 20-7-101, Violations -- Penalties (standing) (Ex. DUT-AR-003)
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)
Florida Legislature (codified statute), Statute: Fla. Stat. § 823.01 (2020) (standing) (Ex. DUT-FL-016)
United States District Court for the District of Hawaii, Otake, J, Order Denying Plaintiffs' Application for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Issue, Carmichael v. Ige, Civil No. 20-00273 JAO-WRP, ECF No. 47 (D. Haw. July 2, 2020) (Ex. DUT-HI-015)
Idaho Legislature, Sixty-fifth Legislature, First Extraordinary Session (Aug. 24-26, 2020); approved by Governor Brad Little Aug. 27, 2020, House Bill 6, Coronavirus Limited Immunity Act, adding Idaho Code title 6, chapter 34 (sections 6-3401 to 6-3403) (Aug. 27, 2020) (Ex. DUT-ID-016)
Indiana General Assembly (Senate Enrolled Act 1 (2021), P.L.1-2021, signed by Governor Eric J. Holcomb Feb. 18, 2021; Indiana Code 2021 edition), Ind. Code Title 34, Article 30, chapter 32, sections 34-30-32-1 to 34-30-32-11 (and chapter 33, sections 34-30-33-1 to -9) (standing) (Ex. DUT-IN-006)
Kansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-159, Nuisances, sources of filth and causes of sickness; examination; orders to owner or occupant; penalty (standing) (Ex. DUT-KS-012)
Governor Charles D. Baker, COVID-19 Order No. 69 (May 28, 2021) (library exhibit MA-048; cross-reference, not re-saved) (Ex. DUT-MA-027)
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)
Attorney General Wayne Stenehjem (Open Records and Meetings Opinion under N.D.C.C. 44-04-21.1), issued to the County of Steele, Open Records and Meetings Opinion 2021-O-01 (Feb. 24, 2021) (Ex. DUT-ND-013)
New Jersey Legislature (L.1947, c. 177, s. 9; amended L.1974, c. 150), N.J.S.A. 26:1A-9, Force and effect of Code; enforcement; local regulations (standing) (Ex. DUT-NJ-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)
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)
Washington State Legislature, RCW 5.40.050 (standing) (Ex. DUT-WA-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)
California Legislature (Assembly Bill 1035, Ramos and Mayes, 2019-2020 Regular Session); bill status published by the Legislative Counsel, Assembly Bill 1035 (2019-2020): 'COVID-19 emergency: small businesses: immunity from civil liability' (bill status: 'Inactive Bill - Died') (Nov. 30, 2020) (Ex. DUT-CA-017)
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)
Council of the District of Columbia, D.C. Official Code sec. 32-1103 [Not Applicable] (standing) (Ex. DUT-DC-009)
Florida Legislature (codified statute); exercised by counties and municipalities, Statute: Fla. Stat. § 252.38 (2020) (standing) (Ex. DUT-FL-004)
Florida Legislature (codified statute); administered by the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Statute: Fla. Stat. § 509.261 (2020) (standing) (Ex. DUT-FL-011)
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)
Iowa General Assembly, Iowa Code § 135.38 (2021), Penalty (standing) (Ex. DUT-IA-004)
Kansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-129, Penalty for disobeying the secretary's rules and regulations or breaking quarantine (standing) (Ex. DUT-KS-006)
Kentucky General Assembly (2021 Regular Session); became law without the Governor's signature, 2021 Senate Bill 5, Acts ch. 205 (Apr. 11, 2021) (Ex. DUT-KY-014)
Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, approved by Governor Gianforte Feb. 10, 2021, Mont. Code Ann. 27-1-1602 (SB 65 sec. 2) (Feb. 10, 2021) (Ex. DUT-MT-013)
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)
New Jersey Legislature (L.1947, c. 177, s. 10; amended L.1953, c. 26; L.1993, c. 55), N.J.S.A. 26:1A-10, Violation of State Sanitary Code, penalty (standing) (Ex. DUT-NJ-005)
New Jersey General Assembly, 219th Legislature (sponsors Assemblymen Catalano, McGuckin and Dancer; co-sponsors Thomson, Rumpf and Gove); bill as introduced, Assembly Bill No. 4189 (2020), introduced June 1, 2020, 'Establishes immunity for businesses against damage claims for COVID-19 exposure; excludes reckless or intentional conduct' (not enacted) (Ex. DUT-NJ-008)
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)
General Assembly of Virginia (Code of Virginia, Title 35.1, Hotels, Restaurants, Summer Camps, and Campgrounds, Chapter 1, General Provisions), Va. Code Title 35.1, Chapter 1 (sections 35.1-1 to 35.1-10), including section 35.1-7 (Penalties, injunctions, civil penalties and charges for violations) and section 35.1-10 (Measures to prevent transmission of disease) (standing) (Ex. DUT-VA-012)
Office of Governor Jim Justice ('West Virginia Strong -- The Comeback'), A Guide to Safely Reopening Larger Retail Stores (issued May 11, 2020) (Ex. DUT-WV-020)
Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025)
Idaho Legislature, Sixty-sixth Legislature, First Regular Session (H0393, 2021 ch. 355; H0392, 2021 ch. 356; H0391, 2021 ch. 357; all effective May 10, 2021), Idaho Code section 46-1008 as amended by House Bills 391, 392 and 393 (2021) (text as in force from May 10, 2021, captured July 27, 2021) (standing) (Ex. DUT-ID-010)
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)
Attorney General William Tong (Office of the Attorney General, press release), Attorney General Tong Statement in Support of the Governor's Executive Orders (Apr. 20, 2020) (Ex. DUT-CT-013)
Council of the District of Columbia, D.C. Official Code sec. 7-2307 (standing) (Ex. DUT-DC-003)
Council of the District of Columbia (emergency act approved by Mayor Muriel Bowser), D.C. Act 23-247, COVID-19 Response Emergency Amendment Act of 2020, sec. 301(c) (Mar. 17, 2020) (Ex. DUT-DC-004)
Congress of the United States (Act of Aug. 11, 1939, ch. 601), as amended by the Council of the District of Columbia, D.C. Official Code sec. 7-140 (standing) (Ex. DUT-DC-008)
Department of the Attorney General, Clare E. Connors, Attorney General, News Release 2020-92, Circuit Court Decision Upholds Lawfulness of Governor's Emergency Proclamations (Oct. 16, 2020) (Ex. DUT-HI-017)
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)
Kentucky General Assembly (2021 Regular Session), 2021 Senate Bill 2, Acts ch. 7 (vetoed and overridden) (standing) (Ex. DUT-KY-009)
General Court (codified statute; adopted by cities and towns by ordinance or by-law), G.L. c. 40, s. 21D (standing) (Ex. DUT-MA-018)
Supreme Court of Minnesota (Moore, III, J.; Anderson, J., concurring; Procaccini, J., took no part), Snell v. Walz, No. A21-0626 (Minn. May 10, 2024), 6 N.W.3d 458 (standing) (Ex. DUT-MN-018)
Minnesota Legislature (91st and 92nd Legislatures, 2020-2021 regular and special sessions), No COVID-19 civil-liability shield or immunity statute for businesses was enacted in Minnesota in 2020 or 2021 (Ex. DUT-MN-021)
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)
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)
New Jersey Legislature (L.1942, c. 251, as amended); compilation published by the New Jersey Office of Emergency Management (Division of State Police, Department of Law and Public Safety), Civilian Defense and Disaster Control Act, N.J.S.A. App. A:9-33 to -63, including A:9-34 (emergency powers), A:9-40 (duty of officials to cooperate; no rule at variance), A:9-45 (orders, rules and regulations 'binding upon each and every person within this State'), A:9-49 (violations as disorderly conduct; penalty), A:9-50 (aiding or abetting), A:9-51 (extraordinary emergencies) (standing) (Ex. DUT-NJ-006)
New Mexico House of Representatives, 54th Legislature, First Special Session, 2020 (bill as introduced), House Bill 16 (2020 First Special Session), 'Coronavirus Tort Claim Immunity' (June 19, 2020) (Ex. DUT-NM-016)
Nevada Legislature, Nevada Revised Statutes chapter 199 (Crimes Against Public Justice), NRS 199.280 (resisting public officer) (standing) (Ex. DUT-NV-011)
Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Statute: ORS chapter 401 (Emergency Management and Services), the emergency-management act: declaration of a state of emergency (401.165); the Governor's police powers (401.168); rules and orders on commodities, services, industrial plants, labor and child care (401.188); the force of law of emergency rules and orders (401.192); the offense of violating them (401.990) (standing) (Ex. DUT-OR-004)
Supreme Court of Oregon, Shahtout v. Emco Garbage Co., 298 Or 598, 695 P2d 897 (Feb. 12, 1985) (SC S30764): the standing Oregon rule on governmental safety requirements as the standard of care (negligence per se where the requirement is enacted by the legislature or promulgated under delegated authority for general public safety; a workplace safety rule protecting a class that includes the plaintiff is admissible and 'may' be taken into account by the trier of fact in deciding due care) (standing) (Ex. DUT-OR-019)
South Dakota Legislature (codified statute), SDCL ch. 21-68, Limitation of Liability for Exposure to COVID-19 (§§ 21-68-1 to 21-68-6) (standing) (Ex. DUT-SD-014)
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)
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)
Office of Governor Jim Justice ('West Virginia Strong -- The Comeback'), Guidance for Fitness Centers, Gymnasiums, and Recreation Centers (issued May 14, 2020, updated 5 p.m.) (Ex. DUT-WV-019)
Wyoming Department of Workforce Services, Wyoming OSHA (WYOSHA), COVID-19 Resources (Wyoming OSHA compilation for workplaces), 'Last updated 2/2/2021' (Feb. 2, 2021) (Ex. DUT-WY-016)
Idaho Legislature, Sixty-sixth Legislature, First Regular Session; signed by Governor Brad Little May 10, 2021, Senate Bill 1217 (2021 Idaho Sess. Laws ch. 359), repealing and re-enacting Idaho Code section 46-601 (standing) (Ex. DUT-ID-019)
Wisconsin Legislature (January 2021 Special Session Senate Bill 1); Governor Tony Evers (signed), 2021 Wisconsin Act 4, Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19 (Wis. Stat. § 895.476) (standing) (Ex. DUT-WI-008)
