Michigan Legislature (Emergency Management Act, 1976 PA 390), MCL 30.405, Powers of governor upon declaration of state of disaster or emergency; willful disobedience a misdemeanor (standing) (Ex. DUT-MI-010)
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)
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)
Arkansas State Board of Health / Arkansas Department of Health, Rules and Regulations Pertaining to Reportable Diseases (effective January 1, 2019) (standing) (Ex. DUT-AR-007)
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)
Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065)
Nebraska Legislature, Neb. Rev. Stat. § 81-829.40 (cross-reference to Ex. NE-100; not re-saved) (standing) (Ex. DUT-NE-008)
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)
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)
Alaska Department of Environmental Conservation, Division of Environmental Health, Food Safety and Sanitation Program, Web guidance, 'Preventing the Spread of COVID-19: Guidance for Food Establishments' (Food Worker and Establishment Guidance on COVID-19) (Mar. 17, 2020) (Ex. DUT-AK-013)
Association County Commissioners of Georgia (ACCG), the statewide association of Georgia's 159 county governments, ACCG, State Laws Impacting Georgia Counties during the 2020 Public Health Emergency (Mar. 16, 2020; updated Mar. 17, 2020) (Ex. DUT-GA-018)
Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037)
Office of the Governor (document hosted by the Virginia Department of Labor and Industry), Frequently Asked Questions Regarding Executive Order Fifty-Three (Apr. 13, 2020) (Ex. DUT-VA-017)
Governor Mike Dunleavy; Commissioner Adam Crum, DHSS; Dr. Anne Zink, Chief Medical Officer, Alaska Essential Services and Critical Workforce Infrastructure Order (formerly Health Mandate 010 Attachment A), issued Mar. 27, 2020, amended Apr. 10 and May 5, 2020, secs. II.c-d, III, IV and V (cross-reference to Ex. AK-021; not re-saved) (Ex. DUT-AK-016)
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)
West Virginia Legislature (codified statute), W. Va. Code § 61-5-17 (standing) (Ex. DUT-WV-010)
Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 designating childcare an Essential Business and establishing operating requirements (cross-reference to Ex. MT-025) (Apr. 1, 2020) (Ex. DUT-MT-028)
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)
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)
Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029)
Pennsylvania Department of Health, Agency FAQ (published PDF) (Apr. 15, 2020) (Ex. DUT-PA-008)
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 Mike Dunleavy; Commissioner Adam Crum, DHSS; Dr. Anne Zink, Chief Medical Officer, Health Mandate 016, Attachment D, Non-Essential Public Facing Businesses Generally (Not Including Retail), Phase II (issued Apr. 22, 2020; effective May 8, 2020), with the Phase I version effective Apr. 24, 2020 (cross-reference to Ex. AK-018 and Ex. AK-085; not re-saved) (Ex. DUT-AK-017)
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)
Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, at the direction of Governor Evers, Emergency Order #34, Interim Order to Turn the Dial (Apr. 27, 2020) (Ex. DUT-WI-013)
Wyoming Department of Health, State Health Officer Alexia Harrist, Third Continuation, and Modification, of Statewide Public Health Order #3 (cross-reference to Ex. WY-014) (Apr. 28, 2020) (Ex. DUT-WY-023)
Governor Mike Dunleavy; Commissioner Adam Crum, DHSS; Dr. Anne Zink, Chief Medical Officer, Health Mandate 016, Attachment F, Restaurants Dine-In Services, Phase II (issued Apr. 22, 2020; effective May 8, 2020) (cross-reference to Ex. AK-042; not re-saved) (May 7, 2020) (Ex. DUT-AK-018)
Rhode Island Department of Human Services (Child Care Licensing), COVID-19 Re-opening Plan -- Frequently Asked Questions (updated May 10, 2020) (Ex. DUT-RI-019)
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)
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)
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)
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)
State of Rhode Island, Reopening RI (the Governor's reopening program, published with the Rhode Island Department of Health and the Department of Business Regulation at ReopeningRI.com, the site the executive orders directed businesses to consult), Phase I: General Business/Organization Guidelines (May 13, 2020) (Ex. DUT-RI-018)
Governor Ralph S. Northam (Office of the Governor), with the Virginia Department of Health, Forward Virginia (Safer at Home: Phase One), Guidelines for All Business Sectors and sector-specific guidelines (restaurants and beverage services, farmers markets, brick-and-mortar retail, fitness and exercise facilities, personal care and grooming, campgrounds, and others) (May 8, 2020) (Ex. DUT-VA-014)
Wyoming Department of Health, State Health Officer Alexia Harrist, Fourth Continuation, and Modification, of Statewide Public Health Order #1 (cross-reference to Ex. WY-016) (May 13, 2020) (Ex. DUT-WY-024)
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)
Christina Lewis, MS REHS, Industrial Hygienist, Alaska Occupational Safety and Health (AKOSH), Department of Labor and Workforce Development, Presentation, 'Opening Alaska Safely During COVID-19 Pandemic' (May 19, 2020) (Ex. DUT-AK-010)
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)
Department of Health, Environmental Health Administration (Sanitation Branch), State Roadmap to Recovery and Resilience: Guidance for Reopening Food Services Sector (Restaurants, Markets, and Food Manufacturing), Ver. 1.0 (May 21, 2020) (Ex. DUT-HI-014)
Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064)
Hon. Lance E. Walker, U.S. District Judge, Order on Plaintiffs' Motion for Preliminary Injunction, Bayley's Campground, Inc. v. Mills, No. 2:20-cv-00176-LEW, ECF No. 20 (D. Me. May 29, 2020), reported at 463 F. Supp. 3d 22 (Ex. DUT-ME-011)
State of Delaware (coronavirus.delaware.gov, the State's official COVID-19 site; Division of Small Business and Division of Public Health guidance), Phase 1: June 1 - June 14, 2020 (State reopening page restating the Phase 1 Reopen Plan guidance for businesses, the May 1, 2020 face-covering duties of businesses, and the employer exposure-control plan guidance) (June 1, 2020) (Ex. DUT-DE-015)
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)
Nebraska DHHS, Chief Medical Officer / Director of Public Health, Directed Health Measure Order 2020-NEHD-002 (Phase II) (cross-reference to Ex. NE-013; not re-saved) (May 29, 2020) (Ex. DUT-NE-029)
State of Rhode Island, Reopening RI (with the Rhode Island Department of Health and the Department of Business Regulation), Phase II: General Business/Organization Guidelines (May 28, 2020) (Ex. DUT-RI-020)
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)
Division of Public Health, Office of Food Protection (Department of Health and Social Services), Reopening Phase II Requirements for Food Establishments (Revised 6.15.2020) (June 15, 2020) (Ex. DUT-DE-017)
Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013)
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)
Utah Legislature (Utah Code Title 53, Chapter 2a, Part 2; version effective June 25, 2020), Utah Code section 53-2a-204 (standing) (Ex. DUT-UT-009)
Governor Ralph S. Northam (Office of the Governor), with the Virginia Department of Health, Forward Virginia (Safer at Home: Phase Three), Guidelines for All Business Sectors and sector-specific guidelines (June 30, 2020) (Ex. DUT-VA-015)
Wyoming Department of Health, State Health Officer Alexia Harrist, Seventh Continuation, and Modification, of Statewide Public Health Order #1 (cross-reference to Ex. WY-020) (June 29, 2020) (Ex. DUT-WY-025)
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)
Arkansas Department of Health (closure order) and Governor Asa Hutchinson (statement of July 6, 2020), as reported by KATV (Little Rock), ADH order of July 4, 2020 closing Brewski's Pub & Grub, Little Rock, as an imminent threat to public health (news report) (July 6, 2020) (Ex. DUT-AR-016)
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)
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)
United States District Court for the Middle District of Tennessee (Richardson, J.), The Local Spot, Inc. v. Lee, No. 3:20-cv-00421, Doc. 59 (M.D. Tenn. July 14, 2020) (order refusing temporary restraining order) (Ex. DUT-TN-018)
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)
John A. Gibney, Jr., United States District Judge, Tigges v. Northam, Memorandum Order denying the motion for a preliminary injunction (Dk. No. 19), Civil Action No. 3:20-cv-410 (July 21, 2020) (Ex. DUT-VA-018)
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)
Wyoming Department of Health, State Health Officer Alexia Harrist, Ninth Continuation, and Modification, of Statewide Public Health Order #1 (cross-reference to Ex. WY-024) (July 28, 2020) (Ex. DUT-WY-027)
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)
Joint Committee on Administrative Rules (JCAR), Illinois General Assembly (The Flinn Report), The Flinn Report, Vol. 44, Issue 34 (Aug. 21, 2020), summarizing the IDPH emergency amendment to 77 Ill. Adm. Code 690 at 44 Ill. Reg. 13807, effective August 7, 2020 (Ex. DUT-IL-020)
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)
Department of Health and Social Services, Division of Public Health (Public Health Authority), DPH Enforcement Actions: COVID-19 Enforcement Actions (administrative penalty letters and cease-and-desist notices to businesses, Aug.-Dec. 2020) (Dec. 22, 2020) (Ex. DUT-DE-011)
Governor Charles D. Baker, COVID-19 Order No. 48 (Aug. 18, 2020) (library exhibit MA-028; cross-reference, not re-saved) (Ex. DUT-MA-026)
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)
Office of the Governor with the Pennsylvania Department of Health, Executive FAQ (published PDF) (Oct. 6, 2020) (Ex. DUT-PA-015)
Hon. Brian M. Cogan, U.S.D.J, Columbus Ale House, Inc. v. Cuomo, No. 1:20-cv-04291-BMC, Doc. 20 (E.D.N.Y. Oct. 16, 2020) (memorandum decision and order denying preliminary injunction against the midnight closing rule for New York City food service establishments) (Ex. DUT-NY-019)
Nebraska DHHS, Chief Medical Officer / Director of Public Health Gary Anthone, M.D, Directed Health Measure Order 2020-SCHD-012 (cross-reference to Ex. NE-021; not re-saved) (Nov. 9, 2020) (Ex. DUT-NE-025)
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 Mike Dunleavy; Commissioner Adam Crum, DHSS; Dr. Anne Zink, Chief Medical Officer, COVID-19 Outbreak Health Order No. 5, Critical Infrastructure (Nov. 15, 2020; effective Nov. 16, 2020) (cross-reference to Ex. AK-037; not re-saved) (Ex. DUT-AK-020)
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)
Office of the Attorney General, Gurbir S. Grewal, Attorney General; Division of Alcoholic Beverage Control, James Graziano, Acting Director, Attorney General press release, 'AG Grewal and Division of Alcoholic Beverage Control Announce Charges Seeking to Suspend Liquor Licenses of 10 Bars and Restaurants Accused of Numerous Violations of Gov. Murphy's Executive Order 194' (Dec. 11, 2020) (Ex. DUT-NJ-018)
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 Attorney General for the District of Columbia (Attorney General Karl A. Racine), OAG press release, 'AG Racine Announces Urban Athletic Club Will Comply With COVID-19 Health and Safety Requirements' (Dec. 15, 2020), announcing the interim agreement in District of Columbia v. Urban Athletic Club (D.C. Super. Ct.) (Ex. DUT-DC-017)
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)
Chief Judge Jane Magnus-Stinson, U.S. District Court, S.D. Ind, Order on Motion to Remand and Motion for Preliminary Injunctive Relief, Bar Indy LLC v. City of Indianapolis, No. 1:20-cv-02482-JMS-DML, Doc. 33 (S.D. Ind. Dec. 22, 2020) (43 pages) (Ex. DUT-IN-009)
Office of the Attorney General, Gurbir S. Grewal, Attorney General; Division of Alcoholic Beverage Control, James B. Graziano, Director, Attorney General press release, 'AG Grewal Announces Charges Seeking to Suspend Liquor Licenses of 12 Bars and Restaurants Accused of Violating Gov. Murphy's COVID-19 Executive Orders' (Dec. 30, 2020) (Ex. DUT-NJ-015)
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)
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)
Kansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-126, Quarantine of area by secretary when local authorities neglect to act (standing) (Ex. DUT-KS-003)
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)
Barron, Circuit Judge, for a panel with Selya, Circuit Judge, Opinion, Bayley's Campground, Inc. v. Mills, No. 20-1559 (1st Cir. Jan. 14, 2021), 985 F.3d 153 (Ex. DUT-ME-012)
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)
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)
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)
Indiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 10, Article 14, chapter 3: sections 10-14-3-11 (governor's orders), 10-14-3-12 (disaster emergency; gubernatorial powers), 10-14-3-22(b) (orders have the force of law), 10-14-3-34 (infraction, as amended by P.L.64-2021) (standing) (Ex. DUT-IN-002)
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)
New York State Legislature (Labor Law, article 7; NY HERO Act, L. 2021, ch. 105, § 1, as amended by L. 2021, ch. 142); Commissioner of Labor in consultation with the Commissioner of Health, N.Y. Labor Law § 218-b (prevention of occupational exposure to an airborne infectious disease), codified text as amended (standing) (Ex. DUT-NY-014)
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)
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 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)
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)
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)
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)
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)
Legislature of Alabama (Code of Alabama 1975, Title 22, chapter 12), Ala. Code ch. 22-12 (Quarantine) (standing) (Ex. DUT-AL-004)
Georgia Department of Public Health (rules filed with the Secretary of State; Ga. Comp. R. & Regs. Chapter 511-9-1), Ga. Comp. R. & Regs. r. 511-9-1-.01 to 511-9-1-.05 (standing) (Ex. DUT-GA-005)
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. 40:7 (communicable disease epidemic; procedure; quarantine of a parish or municipality) (standing) (Ex. DUT-LA-004)
Louisiana Department of Health, Office of Public Health (state health officer), by rule; codified by the Division of Administration, Office of the State Register, Louisiana Administrative Code, Title 51 (Public Health - Sanitary Code), Part II (The Control of Diseases), section 117 (Disease Control Measures Including Isolation/Quarantine); with Part I, section 115 (Emergency Situations) and section 117 (Employee Health) (standing) (Ex. DUT-LA-005)
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), Statute (standing) (Ex. DUT-MD-008)
Minnesota Legislature (Laws 2002, ch. 402, the Minnesota Emergency Health Powers Act, as amended; administered by the Commissioner of Health), Minn. Stat. § 144.419 (2020) (standing) (Ex. DUT-MN-002)
Tennessee General Assembly (codified statute); exercised by the Governor, Tenn. Code Ann. sec. 58-2-107 (standing) (Ex. DUT-TN-006)
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)
Wyoming Legislature (Wyo. Stat. Title 35, ch. 4, art. 1), Wyo. Stat. Ann. 35-4-101 to 35-4-105 (standing) (Ex. DUT-WY-004)
