General Court; approved by the Governor July 20, 1950 (emergency law), St. 1950, c. 639 (the Civil Defense Act), ss. 1, 5, 7, 8, 8A (standing) (Ex. DUT-MA-012)
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)
Texas Legislature (Government Code ch. 418), Tex. Gov't Code §§ 418.018(c) and 418.108(g) (standing) (Ex. DUT-TX-011)
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)
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)
Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 24-33.5-704 (The governor and disaster emergencies - response - duties and limitations) (standing) (Ex. DUT-CO-006)
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)
General Assembly of South Carolina, S.C. Code Ann. § 25-1-440 (standing) (Ex. DUT-SC-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)
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)
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)
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)
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)
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)
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)
Snell & Wilmer L.L.P. (legal alert; contemporaneous secondary source), Law-firm legal alert (Mar. 26, 2020) (Ex. DUT-AZ-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)
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)
Executive Office of the Governor (FAQ released Apr. 3, 2020 to accompany Executive Order 20-91; the copy saved is Palm Beach County's archived copy of the State document), FAQs for Executive Order 20-91: Essential Services and Activities during COVID-19 (Apr. 3, 2020) (Ex. DUT-FL-017)
Georgia Department of Economic Development (GDEcD), the agency Executive Order 04.02.20.01 authorized to issue guidance on Critical Infrastructure status, GDEcD COVID-19 business guidance page (georgia.org/covid19), as archived April 13, 2020 (Apr. 13, 2020) (Ex. DUT-GA-016)
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)
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)
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)
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)
Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023)
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)
Hon. Nancy Torresen, U.S. District Judge, Order on Plaintiff's Motion for a Temporary Restraining Order, Calvary Chapel of Bangor v. Mills, No. 1:20-cv-00156-NT, ECF No. 27 (D. Me. May 9, 2020), reported at 459 F. Supp. 3d 273 (Ex. DUT-ME-013)
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)
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)
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)
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)
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)
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)
Illinois General Assembly (Illinois Emergency Management Agency Act), 20 ILCS 3305/7 (Emergency Powers of the Governor) (standing) (Ex. DUT-IL-002)
Montana Legislature (Montana Code Annotated, Title 10, ch. 3), Mont. Code Ann. 10-3-104 (standing) (Ex. DUT-MT-008)
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)
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 § 16-3-2 (standing) (Ex. DUT-WV-002)
Arizona Legislature (Arizona Revised Statutes, title 26, ch. 2, art. 1), Statute (standing) (Ex. DUT-AZ-007)
General Assembly of Georgia (Code 1933, section 88-1203, enacted by Ga. L. 1964, p. 499, section 1; amended 2002), O.C.G.A. section 31-12-3 (standing) (Ex. DUT-GA-002)
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)
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)
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, Catastrophic Health Emergencies), Statute (standing) (Ex. DUT-MD-007)
Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A), Statute (standing) (Ex. DUT-MD-008)
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)
General Assembly of North Carolina, N.C. Gen. Stat. sec. 166A-19.30 (Additional powers of the Governor during state of emergency) (standing) (Ex. DUT-NC-003)
New York State Legislature (Public Health Law, article 2, title 2); Public Health and Health Planning Council with the Commissioner's approval, N.Y. Public Health Law § 225 (Public Health and Health Planning Council; State Sanitary Code) (standing) (Ex. DUT-NY-005)
New York State Legislature (Executive Law, article 2-B); powers exercised by the chief executive of every county, city, town and village, N.Y. Executive Law § 24 (local state of emergency; local emergency orders by chief executive) (standing) (Ex. DUT-NY-011)
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 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)
