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)
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)
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)
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)
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)
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)
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)
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)
Governor Jim Justice, Executive Order 32-20 (Safer at Home Order), § 2 and para. y (cross-reference to Ex. WV-026; not re-saved) (Apr. 30, 2020) (Ex. DUT-WV-023)
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)
Indiana State Department of Health (coronavirus.in.gov), 'Guidance for Employers During the COVID-19 Response' (July 20, 2020) (Ex. DUT-IN-012)
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)
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)
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)
Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034)
Indiana General Assembly (Indiana Code 2020 edition), Ind. Code Title 10, Article 14 (2020 edition): section 10-14-3-34 (Offenses) as in force from the recodification of 2003 through April 14, 2021, with sections 10-14-3-11, -12 and -22 (standing) (Ex. DUT-IN-015)
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)
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)
Superior Court of Arizona, Maricopa County (Hon. Timothy J. Thomason), Minute entry ruling (Docket Code 926) on plaintiffs' request for injunctive relief (Aug. 4, 2020) (Ex. DUT-AZ-017)
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)
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 Carolina Department of Health and Environmental Control (DHEC), DHEC, Interim Guidance for COVID-19 Scenarios in Businesses (July 25, 2020) (Ex. DUT-SC-012)
Legislature of Alabama (Code of Alabama 1975, Title 22), Ala. Code § 22-2-14 (standing) (Ex. DUT-AL-002)
Commissioner of Public Health (Public Health Code, Regulations of Connecticut State Agencies), under Conn. Gen. Stat. § 19a-36, Regs. Conn. State Agencies § 19-13-B1 (conditions specifically declared to constitute public nuisances) and § 19-13-B2 (abatement of nuisance) (standing) (Ex. DUT-CT-006)
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)
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)
Maine Department of Health and Human Services, Maine CDC Health Inspection Program (10-144 C.M.R. ch. 200), jointly with the Department of Agriculture, Conservation and Forestry (01-001 C.M.R. ch. 331), State of Maine Food Code 2013, 10-144 C.M.R. ch. 200 and 01-001 C.M.R. ch. 331 (last amended October 1, 2013): sec. 2-201.11 (permit holder shall require food employees to report symptoms and diagnoses of transmissible disease; exclusion and restriction), sec. 2-501.11 (clean-up procedures), sec. 8-304.11 (responsibilities of the permit holder: comply with the Code and with 'directives of the Regulatory Authority... in response to community emergencies'; discontinue operations on imminent health hazard), sec. 8-402.11 (access), sec. 8-404.11 (ceasing operations and reporting), sec. 8-404.12 (approval before resuming), sec. 8-405.11 (timely correction) (standing) (Ex. DUT-ME-017)
Minnesota Department of Health (Minnesota Food Code, Minn. R. ch. 4626, under Minn. Stat. §§ 31.101, 31.11, 144.05, 144.07, 144.08, 144.12, 157.011), Minn. R. 4626.0045 (Food Code § 2-201.12, Exclusions and Restrictions) (standing) (Ex. DUT-MN-011)
Missouri General Assembly (Revised Statutes of Missouri, chapter 192, Department of Health and Senior Services), RSMo 192.020 (standing) (Ex. DUT-MO-001)
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)
Montana Legislature (Montana Code Annotated, Title 10, ch. 3), Mont. Code Ann. 10-3-104 (standing) (Ex. DUT-MT-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)
Montana Department of Public Health and Human Services, Office of Legal Affairs, DPHHS legal memorandum: Application of March 26, 2020 Directive to craft and hobby stores (cross-reference to Ex. MT-029) (Apr. 7, 2020) (Ex. DUT-MT-031)
South Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA), SC OSHA FastFact, 'Employers play an important role in controlling the spread of COVID-19 - March 2020' (created March 28, 2020) (standing) (Ex. DUT-SC-015)
Washington State Department of Labor and Industries (DOSH), L&I Publication F414-164-000 (July 21, 2020) (Ex. DUT-WA-016)
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)
West Virginia Legislature (Enrolled Committee Substitute for Senate Bill 277), approved by Governor Jim Justice, Enrolled Com. Sub. for S.B. 277 (2021 Reg. Sess.), ch. 1, Acts 2021, adding W. Va. Code §§ 55-19-1 to 55-19-9, the COVID-19 Jobs Protection Act (standing) (Ex. DUT-WV-013)
Arizona Legislature (Arizona Revised Statutes, title 26, ch. 2, art. 1, Emergency Management), Statute (standing) (Ex. DUT-AZ-006)
Snell & Wilmer L.L.P. (legal alert; contemporaneous secondary source), Law-firm legal alert (Mar. 26, 2020) (Ex. DUT-AZ-020)
California Legislature (codified text published by the Legislative Counsel), Statute: Government Code sections 8565-8574.7 (Emergency Services Act, Article 3, Powers of the Governor) (standing) (Ex. DUT-CA-005)
California Court of Appeal, Third Appellate District (Robie, J., with Hull and Mauro, JJ.), Published opinion: Newsom v. Superior Court (Gallagher), No. C093006 (Cal. Ct. App. May 5, 2021), 63 Cal.App.5th 1099 (standing) (Ex. DUT-CA-018)
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)
Illinois General Assembly (Illinois Emergency Management Agency Act), 20 ILCS 3305/7 (Emergency Powers of the Governor) (standing) (Ex. DUT-IL-002)
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)
Kansas Legislature (K.S.A. 2019 statute page, Kansas Legislature archive li_2020), K.S.A. 65-202 (2019), Duties of local health officers; investigation of communicable disease; 'all known measures to prevent the spread' (standing) (Ex. DUT-KS-010)
Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A, Catastrophic Health Emergencies), Statute (standing) (Ex. DUT-MD-007)
Nevada Legislature (codified by the Legislative Counsel Bureau); administered by the State Board of Health, the Division of Public and Behavioral Health and the district health authorities, Nevada Revised Statutes chapter 441A (Infectious Diseases), NRS 441A.010 to 441A.930 (standing) (Ex. DUT-NV-001)
General Assembly of the Commonwealth of Pennsylvania, Statute (Emergency Management Services Code, Title 35, Part V, Chapter 73, sec. 7301) (standing) (Ex. DUT-PA-003)
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)
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)
Texas Legislature (Government Code ch. 418), Tex. Gov't Code §§ 418.018(c) and 418.108(g) (standing) (Ex. DUT-TX-011)
Thomas T. Cullen, United States District Judge, Belle Garden Estate, LLC v. Northam, Memorandum Opinion denying a preliminary injunction (ECF No. 24), Civil Action No. 7:21-cv-00135 (Mar. 26, 2021) (Ex. DUT-VA-020)
Wisconsin Legislature (codified statute; administered by the Department of Health Services), Wis. Stat. § 252.02 (2019-20), Powers and duties of department (standing) (Ex. DUT-WI-001)
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)
