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)
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)
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)
Colorado Attorney General Phil Weiser (Department of Law), Frequently Asked Questions: Enforcement of Public Health Orders (revised Mar. 31, 2020) (standing) (Ex. DUT-CO-010)
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 3A, Catastrophic Health Emergencies), Statute (standing) (Ex. DUT-MD-007)
United States District Court for the Eastern District of Missouri (Clark, J.), SH3 Health Consulting, LLC v. Page, No. 4:20-cv-00605-SRC, Doc. 27 (E.D. Mo. May 8, 2020) (Memorandum and Order denying temporary restraining order), reported at 459 F. Supp. 3d 1212 (Ex. DUT-MO-014)
West Virginia Department of Health and Human Resources, Bureau for Public Health (legislative rule authorized by the Legislature), 64 C.S.R. 7, Reportable Diseases, Events and Conditions (legislative rule) (standing) (Ex. DUT-WV-015)
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)
Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A), Statute (standing) (Ex. DUT-MD-008)
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)
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)
West Virginia Legislature (codified statute), W. Va. Code § 16-3-2 (standing) (Ex. DUT-WV-002)
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)
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)
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)
Idaho Legislature (Idaho Code tit. 56, ch. 10, Department of Health and Welfare), Idaho Code section 56-1003(7) (text as in force March 2020 through June 30, 2021) (standing) (Ex. DUT-ID-001)
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)
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)
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)
General Assembly of South Carolina, S.C. Code Ann. § 25-1-440 (standing) (Ex. DUT-SC-005)
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)
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)
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 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)
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)
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, 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)
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)
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)
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)
Delaware General Assembly (codified statute), 20 Del. C. §§ 3115-3117 (General authority of the Governor; Powers; Activation of emergency or disaster response) (standing) (Ex. DUT-DE-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. 40 (D. Md. May 20, 2020) (refusing a preliminary injunction against the Governor's orders) (Ex. DUT-MD-017)
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)
Alaska State Legislature (Alaska Disaster Act; administered by the Department of Military and Veterans' Affairs, AS 26.23.220), AS 26.23.020 and AS 26.23.025 (standing) (Ex. DUT-AK-002)
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)
Maryland General Assembly (Public Safety Article, Title 14, Subtitle 1, Emergency Management), Statute (standing) (Ex. DUT-MD-005)
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 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)
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)
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)
