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)
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)
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)
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)
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)
Missouri General Assembly (Revised Statutes of Missouri, chapter 192), RSMo 192.300 (standing) (Ex. DUT-MO-003)
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)
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)
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 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)
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)
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)
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)
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)
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)
Connecticut General Assembly, Office of Legislative Research (Shaun McGann, Legislative Analyst II), OLR Report 2020-R-0350, COVID-19 Business Reopening Self-Certifications (Dec. 23, 2020) (Ex. DUT-CT-010)
Connecticut Department of Economic and Community Development (DECD), DECD, Sector Rules and Certification for Reopen (web page as archived June 1-7, 2020): the self-certification requirement and the Phase 1 and Phase 2 Sector Rules index (May 20, 2020) (Ex. DUT-CT-016)
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)
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)
Governor Charles D. Baker, COVID-19 Order No. 37 (June 6, 2020) (library exhibit MA-019; cross-reference, not re-saved) (Ex. DUT-MA-023)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
Illinois Appellate Court, Second District (Justice Zenoff, with Justices Hutchinson and Brennan), Fox Fire Tavern, LLC v. Pritzker, 2020 IL App (2d) 200623 (Nov. 13, 2020) (Ex. DUT-IL-010)
Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 and limiting group size, bar and restaurant capacity and hours, and requiring face coverings statewide (cross-reference to Ex. MT-018) (Nov. 17, 2020) (Ex. DUT-MT-025)
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)
Minnesota Attorney General Keith Ellison (Office of the Attorney General), Attorney General statement, 'State of Minnesota Executive Order Enforcement Tools' (Dec. 16, 2020) (Ex. DUT-MN-016)
Minnesota District Court, First Judicial District, Dakota County (Hon. Jerome B. Abrams), State of Minnesota v. Alibi Drinkery, LLC, No. 19HA-CV-20-4167, Temporary Injunction with incorporated memorandum (filed Dec. 31, 2020) (Ex. DUT-MN-017)
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)
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)
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)
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)
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)
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)
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)
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)
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)
Supreme Court of Connecticut (McDonald, J., for a unanimous court; Robinson, C.J., and McDonald, D'Auria, Mullins, Kahn, Ecker and Keller, Js.), Casey v. Lamont, SC 20494 (argued Dec. 11, 2020; officially released Mar. 29, 2021), 338 Conn. 479, 258 A.3d 647 (2021) (Ex. DUT-CT-011)
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)
Florida Legislature (codified statute); exercised by the Governor, Statute: Fla. Stat. § 252.36 (2020) (standing) (Ex. DUT-FL-005)
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)
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)
Oregon Court of Appeals (Kamins, J., with Tookey, P.J., and Egan, J.); review denied by the Oregon Supreme Court, Along Came Trudy LLC v. Oregon Liquor and Cannabis Commission, 330 Or App 295, 543 P3d 751 (Jan. 24, 2024), rev den, 372 Or 588 (July 18, 2024) (A178679; OLCC21V003): judicial review affirming cancellation of a Lane County restaurant and event venue's liquor license for three violations of EO 20-66 (indoor dining while prohibited) (Ex. DUT-OR-016)
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 (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)
Louisiana Legislature (codified in the Louisiana Revised Statutes), La. R.S. 29:727 (parish homeland security and emergency preparedness agencies; local disaster or emergency declarations; powers of the parish president) (standing) (Ex. DUT-LA-016)
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 (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)
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)
