Maine Legislature (22 M.R.S. chapter 153, Local Health Officers; every municipality's local health officer under the supervision of the Commissioner of Health and Human Services), 22 M.R.S. sec. 451 (appointment), sec. 453 (local board of health), sec. 454-A (powers and duties: inspection of premises where 'conditions posing a public health threat' exist; orders for 'the suppression and removal of nuisances and conditions suspected of posing or found to pose a public health threat'; enforcement of public health laws), sec. 461 (notice to clean or quit unfit premises; closure), sec. 462 (law enforcement assistance) (standing) (Ex. DUT-ME-009)
Common Council of the City of Bloomington (Resolution 20-11), reciting orders of the Monroe County Health Department (July 17, 2020), the Monroe County Board of Health (regulation of July 21, 2020) and Mayor John Hamilton (Executive Order 20-02 of July 20, 2020), Bloomington Resolution 20-11 (passed 9-0, July 22, 2020) supporting the Monroe County Health Department Public Health Order of July 17, 2020, the Board of Health Public Health Regulation of July 21, 2020 and Mayor's Executive Order 20-02 of July 20, 2020 (Ex. IN-085)
Nevada Legislature; State Board of Health; county, district and city boards of health, Nevada Revised Statutes chapter 439 (Administration of Public Health), NRS 439.010 to 439.990 (standing) (Ex. DUT-NV-002)
Central District Board of Health, Board action declining a district-wide order; Ada and Valley County orders remain in effect (Dec. 15, 2020) (Ex. ID-066)
Central District Board of Health, Board action lifting the Ada County public health order and the Valley County mask order (Feb. 19, 2021) (Ex. ID-065)
Chelsea Board of Health, Notice that all Orders of the Chelsea Board of Health imposing COVID restrictions expire May 29, 2021 (May 19, 2021) (Ex. MET-BOS-112)
Board of Health of the City of Columbus, Board of Health Resolution No. 20-09 (Mar. 13, 2020) (Ex. MET-CMH-005)
West Virginia Legislature (2021 Regular Session), approved by Governor Jim Justice, Enrolled Committee Substitute for Senate Bill 12 (2021 Reg. Sess., ch. 213) (Mar. 16, 2021) (Ex. WV-081)
Nevada Legislature; enforced by the health authority (the Southern Nevada Health District, the Washoe County Health District, the Carson City Health and Human Services Department and the Division of Public and Behavioral Health), Nevada Revised Statutes chapter 446 (Food Establishments), as in force in 2020-2021 (Wayback Machine capture of the Legislature's chapter page, June 9, 2021), NRS 446.880, 446.935, 446.940, 446.945 (standing) (Ex. DUT-NV-010)
Board of County Commissioners of Johnson County, sitting as the County Board of Health, Johnson County Board of Public Health Order No. 002-20 (Nov. 13, 2020) (Ex. MET-KC-061)
Gallatin City-County Board of Health, Emergency Health Rule EHR-2020-001 (closure of bars, brew pubs, casinos and restaurant dining rooms extended to Apr. 3, 2020 and expanded to gyms, fitness facilities, athletic centers, workout studios, paintball parlors, ice rinks, indoor climbing, trampoline parks, indoor sporting arenas, cinemas and theatres) (Mar. 18, 2020) (Ex. MT-075)
Provincetown Select Board and Board of Health, Joint Emergency Rule and Order Imposing Certain Measures to Prevent the Spread of COVID-19 Within the Town (revised March 4, 2021) (Mar. 4, 2021) (Ex. MET-BOS-082)
Board of County Commissioners of Johnson County, sitting as the County Board of Health (Ed Eilert, Chairman), Public Health Board Order No. 001-20 (Mar. 19, 2020) (Ex. MET-KC-057)
Connecticut General Assembly (Conn. Gen. Stat. chapter 368e, Municipal Health Authorities), Conn. Gen. Stat. §§ 19a-206 (nuisances; orders; injunctions; closure; civil penalties), 19a-207 (local enforcement of the Public Health Code; DPH enforcement in emergencies), 19a-221 (local quarantine and isolation orders; duty to carry out the Commissioner's emergency orders), 19a-230 (penalty) (standing) (Ex. DUT-CT-002)
Montana Legislature (67th): HB 121 (approved Apr. 16, 2021) and HB 257 (approved May 7, 2021 after an amendatory veto); codified at Mont. Code Ann. 50-2-116(4)-(9) (amd. Sec. 4, Ch. 324, L. 2021; amd. Sec. 8, Ch. 408, L. 2021), Mont. Code Ann. 50-2-116, Powers and duties of local boards of health, as amended in 2021 (HB 121: governing-body control of emergency health orders; HB 257: local rules may not compel businesses to deny customer access) (May 7, 2021) (Ex. MT-073)
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)
Arkansas State Board of Health / Arkansas Department of Health, Environmental Health Protection (Nathaniel Smith, M.D., Secretary of Health), Rules Pertaining to Retail Food Establishments (effective September 7, 2019) (standing) (Ex. DUT-AR-015)
Central District Health, District Board of Health, by Russell A. Duke, District Director, Order Regarding Quarantine and Restriction (Ada County returned to Stage 3) (June 22, 2020) (Ex. ID-022)
Central District Health, District Board of Health, by Russell A. Duke, District Director, Order Regarding Quarantine and Restriction (face coverings added; gatherings of 50 or more prohibited) (July 14, 2020) (Ex. ID-023)
Central District Health, District Board of Health, by Russell A. Duke, District Director, Order Regarding Restriction (Ada County; bars closed pending school-category trigger; masks; gathering caps; long-term care visitation conditions) (Oct. 20, 2020) (Ex. ID-025)
Supreme Court of the United States, Compagnie Francaise de Navigation a Vapeur v. Louisiana State Board of Health, 186 U.S. 380 (1902) (June 2, 1902) (Ex. LAW-325)
West Virginia Legislature (codified statute), W. Va. Code § 16-2-11 (standing) (Ex. DUT-WV-003)
Central District Health, District Board of Health, by Russell A. Duke, District Director, Order Regarding Quarantine and Restriction (amended: social gatherings over ten prohibited; masks on school property) (Aug. 11, 2020) (Ex. ID-024)
Knox County Board of Health, Knox County Board of Health Regulation 2021-3 (Mar. 18, 2021) (Ex. MET-BNA-042)
Missoula City-County Board of Health; Ellen Leahy, Health Officer, Missoula County bar and restaurant restrictions: 50 percent capacity and eight per table (October 2020); 10 p.m. closing (December 2020); Board revision of Jan. 21, 2021 (effective Jan. 22, 2021: capacity cap removed, 2 a.m. closing, eight per table, table service only, six-foot spacing, gaming machines spaced, masks except while eating or drinking) (Ex. MT-080)
Provincetown Select Board, Provincetown Board of Health and Barnstable County Department of Health and Environment, Public Health Advisory: Provincetown Residents and Visitors Urged to Take Precautions Due to Uptick of COVID-19 Cases (July 19, 2021) (Ex. MET-BOS-083)
General Assembly of Ohio (Ohio Revised Code, Chapter 3707, Board of Health), Statute (version effective October 1, 1953, H.B. 1, 100th G.A.; in force through June 22, 2021) (standing) (Ex. DUT-OH-008)
Knox County Board of Health, Knox County Board of Health Regulation 2020-5 (Sept. 16, 2020) (Ex. MET-BNA-037)
Mississippi State Board of Health / Mississippi State Department of Health, Office of Communicable Diseases, 15 Miss. Admin. Code Pt. 2, Subpt. 11, ch. 1, Mississippi State Department of Health Rules and Regulations Governing Reportable Diseases and Conditions (standing) (Ex. DUT-MS-004)
General Assembly of Virginia (Code of Virginia, Title 32.1, Chapter 1, Administration Generally), Va. Code Title 32.1, Chapter 1 (sections 32.1-1 to 32.1-34), including sections 32.1-13 (Emergency orders and regulations), 32.1-20 (Commissioner vested with authority of Board), 32.1-26 (Orders; hearing and notice) and 32.1-27 (Penalties, injunctions, civil penalties and charges for violations) (standing) (Ex. DUT-VA-001)
Idaho Legislature (Idaho Code tit. 39, ch. 4, Public Health Districts), Idaho Code section 39-414 (text as in force 2020 through March 18, 2021) (standing) (Ex. DUT-ID-003)
Knox County Board of Health, Knox County Board of Health Regulation 2020-7 (Nov. 25, 2020) (Ex. MET-BNA-039)
Knox County Board of Health, Knox County Board of Health Regulation 2021-1 (Jan. 27, 2021) (Ex. MET-BNA-041)
Summit County Health Officer Richard C. Bullough, PhD (Board of Health caption), Public Health Order 2020-01 (Mar. 15, 2020) (Ex. MET-SLC-003)
Legislature of Mississippi (Mississippi Code of 1972, Title 41, ch. 3), Miss. Code Ann. § 41-3-17 (standing) (Ex. DUT-MS-002)
Hamilton County Public Health (Hamilton County General Health District), COVID-19 Health Advisory (Nov. 19, 2020) (Ex. MET-CIN-013)
Iowa General Assembly, Iowa Code ch. 137 (2021), including § 137.104 (Local boards of health - powers and duties) and § 137.117 (Penalties - criminal and civil) (standing) (Ex. DUT-IA-008)
State Board of Health (Virginia Department of Health), 12VAC5-90, Regulations for Disease Reporting and Control (full chapter), including 12VAC5-90-80 (Lists of diseases that shall be reported), 12VAC5-90-90 (Those required to report), 12VAC5-90-100 (Methods), 12VAC5-90-103 (Isolation for communicable disease of public health threat) and 12VAC5-90-107 (Quarantine) (standing) (Ex. DUT-VA-003)
Knox County Board of Health, Knox County Board of Health Regulation 2020-3 (July 29, 2020) (Ex. MET-BNA-035)
Knox County Board of Health, Knox County Board of Health Regulation 2020-4 (Aug. 5, 2020) (Ex. MET-BNA-036)
Knox County Board of Health, Knox County Board of Health Resolution 2020-C (Dec. 16, 2020) (Ex. MET-BNA-044)
Gallatin City-County Board of Health, Amendments to Emergency Health Rule Relating to COVID-19, EHR-2020-001 (closures expanded and extended) (Mar. 26, 2020) (Ex. MT-063)
Gallatin City-County Board of Health, Amended Emergency Local Health Rule Relating to COVID-19, EHR-2020-001-A, Establishment Restrictions (closures extended through April 24, 2020) (Apr. 15, 2020) (Ex. MT-065)
Gallatin City-County Board of Health, Amended Emergency Local Health Rule Relating to COVID-19, EHR-2020-001-B, Establishment Restrictions (closures extended through April 30, 2020) (Apr. 23, 2020) (Ex. MT-067)
Polk County Board of Supervisors, Board of Supervisors news release, 'Polk County Unable to Enact Local Measures to Control Spread of COVID-19, Despite Rapidly Rising Case Counts' (Aug. 28, 2020) (Ex. IA-066)
General Assembly of North Carolina, N.C. Gen. Stat. ch. 130A, Article 1, secs. 130A-1 to 130A-27, including sec. 130A-2 (definitions of 'imminent hazard', 'isolation authority', 'person', 'quarantine authority'), sec. 130A-17 (right of entry), sec. 130A-18 (injunction), sec. 130A-19 (abatement of public health nuisance), sec. 130A-20 (abatement of an imminent hazard), sec. 130A-23 (suspension and revocation of permits) and sec. 130A-25 (misdemeanor) (standing) (Ex. DUT-NC-002)
New Jersey Legislature (R.S. 1937; amended L.2005, c.222, s.31; L.2012, c.17, s.337), N.J.S.A. 26:4-2, Powers of State department and local board (communicable disease control) (standing) (Ex. DUT-NJ-002)
Philadelphia Board of Health (adopted Apr. 29, 2020; Law Department Apr. 30, 2020), Emergency Regulation Governing the Control and Prevention of COVID-19 Pertaining to Fines and Penalties (Apr. 29, 2020) (Ex. MET-PHL-070)
Mayor Timothy Mahoney (under the Mayoral Declaration of a State of Emergency of March 16, 2020, as approved and extended by the Board of City Commissioners); Fargo Board of City Commissioners, Fargo Board of City Commissioners, Regular Meeting minutes of October 19, 2020: Mayoral mask mandate issued under emergency powers; Resolution Extending the Moratorium Pertaining to the Retail Sale of Alcoholic Beverages tied to the State of Emergency (Oct. 19, 2020) (Ex. ND-088)
Montana Legislature (Mont. Code Ann. 50-2-116, as amended by Ch. 324 and Ch. 408, L. 2021 (HB 121, approved Apr. 16, 2021; HB 257, approved May 7, 2021)), Mont. Code Ann. 50-2-116 (Powers and duties of local boards of health) (cross-reference to Ex. MT-073) (standing) (Ex. DUT-MT-029)
Kansas Legislature (2021 Senate Bill No. 40); approved by Governor Kelly Mar. 24, 2021, Senate Bill No. 40 (2021) (enrolled) (Mar. 24, 2021) (Ex. MET-KC-080)
Sioux Falls City Council, adopting the Sioux Falls Board of Health Second Amended and Restated Regulations, Ordinance No. 28-20 (Mar. 26, 2020) (Ex. SD-039)
Colorado State Board of Health (rule enforced by CDPHE Health Facilities and Emergency Medical Services Division), Emergency rule, 6 CCR 1011-1, Chapter 2, Part 12 (Aug. 30, 2021) (Ex. CO-055)
Oklahoma State Department of Health (State Board of Health rules; Consumer Health Service), OAC 310:257 (Food Establishments), text effective Sept. 11, 2016 (OSDH 'unofficial version' edited Nov. 14, 2016) (Ex. DUT-OK-016)
Mayor Joseph A. Curtatone and the Board of Health (agent Douglas Kress), Emergency Order Establishing a Moratorium on Eviction Enforcement (Mar. 27, 2020) (Ex. MET-BOS-051)
Cincinnati City Council (Emergency Ordinance; Mayor Cranley, City Solicitor Boggs Muething), Emergency Ordinance No. 0142-2020 (May 13, 2020) (Ex. MET-CIN-031)
Legislature of Mississippi (Mississippi Code of 1972, Title 41, ch. 23), Miss. Code Ann. § 41-23-1 (standing) (Ex. DUT-MS-009)
Mayor Joseph A. Curtatone and the Board of Health (agent Douglas Kress), Emergency Order Advancing to Limited Phase IV, Step I Operations (Apr. 30, 2021) (Ex. MET-BOS-061)
Mayor Joseph A. Curtatone and the Board of Health (agent Douglas Kress), Emergency Order Rescissions (May 24, 2021) (Ex. MET-BOS-062)
Mayor Joseph A. Curtatone and the Board of Health, Emergency Order Revoking and Replacing Moratorium on Eviction Enforcement (June 17, 2021) (Ex. MET-BOS-064)
Mayor Joseph A. Curtatone and the Board of Health, Order Rescinding Face Coverings Mandate (Apr. 30, 2021) (Ex. MET-BOS-065)
Mayor Joseph A. Curtatone and the Board of Health, Emergency Order Extending Moratorium on Eviction Enforcement (Sept. 9, 2021) (Ex. MET-BOS-066)
Washington State Board of Health, WAC 246-215-08455 (Washington Retail Food Code) (standing) (Ex. DUT-WA-015)
Board of County Commissioners of Johnson County, Resolution No. 032-21 (Apr. 29, 2021) (Ex. MET-KC-066)
Department of Public Health (State Sanitary Code, Chapter X; enforced by local boards of health), 105 CMR 590.014(A) (standing) (Ex. DUT-MA-019)
Philadelphia Board of Health (adopted Aug. 12, 2021; Law Department approval and filing Aug. 16, 2021), Emergency Regulation Mandating Vaccines for Healthcare Workers and in Higher Education, Healthcare, and Related Settings (Aug. 12, 2021) (Ex. MET-PHL-021)
General Assembly of Arkansas (Acts 1881, No. 85, secs. 8-9), Ark. Code Ann. 20-7-113, Nuisances (standing) (Ex. DUT-AR-004)
Morgantown City Council, Emergency Ordinance No. 2020-5 (Sept. 1, 2020) (Ex. WV-083)
Legislature of Alabama (SB 30, 2021 Regular Session, by Senator Orr); approved by Governor Ivey February 12, 2021, Act 2021-4 (SB 30, Enrolled), the Alabama COVID Immunity Act, codified at Ala. Code § 6-5-790 et seq. (Feb. 12, 2021) (Ex. DUT-AL-015)
General Court (codified statute; powers of municipal boards of health), G.L. c. 111, s. 122 (standing) (Ex. DUT-MA-007)
Mayor John Cranley and Health Commissioner Melba Moore (Cincinnati Board of Health), Joint Emergency Order 11. Outdoor Dining and Social Distancing (filed with Council May 27, 2020; extended June 29, 2020) (Ex. MET-CIN-020)
Cuyahoga County Board of Health, Masks Recommended for Everyone Indoors (Aug. 4, 2021) and 'Covid-19: CCBH Masking Requirements' (masks required at CCBH locations and functions) (Ex. MET-CLE-010)
State Board of Health (Virginia Department of Health), 12VAC5-421-3770, Summary suspension of a permit (Food Regulations), text as in force in 2020 (standing) (Ex. DUT-VA-013)
134th General Assembly (passed notwithstanding the Governor's veto, March 24, 2021), Sub. S.B. 22 (134th G.A.) (Mar. 24, 2021) (Ex. OH-045)
Morgantown City Council, Emergency Ordinance No. 2020-5, Art. II §§ 1-4 (cross-reference to Ex. WV-083; not re-saved) (Sept. 1, 2020) (Ex. DUT-WV-030)
General Assembly of Arkansas (Acts 1913, No. 96, sec. 28), Ark. Code Ann. 20-7-101, Violations -- Penalties (standing) (Ex. DUT-AR-003)
133rd General Assembly of Ohio (Am. Sub. H.B. 606), signed by Governor Mike DeWine, Enrolled act (uncodified temporary law) (Sept. 14, 2020) (Ex. DUT-OH-020)
Dr. Michael C. Caldwell, Chief Medical Director of Health, Metro Public Health Department, Amended and Restated Order 1 from the Chief Medical Director (Mar. 20, 2020) (Ex. MET-BNA-001)
Mayor James F. Kenney and Health Commissioner Thomas A. Farley, MD, MPH, Spring 2021 Safer at Home Order (Feb. 27, 2021) (Ex. MET-PHL-013)
Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. §§ 25-4-1609 (Disciplinary actions - closure - revocation - suspension - review) and 25-4-1611 (Violation - penalties) (standing) (Ex. DUT-CO-015)
Washington State Board of Health, WAC 246-215-02115 (Washington Retail Food Code) (standing) (Ex. DUT-WA-014)
New Jersey Legislature (R.S. 1937), N.J.S.A. 26:3-46, Abatement of nuisances (with 26:3-31 ordinance powers, 26:3-45 power to define nuisance, 26:3-64 rule-making, 26:3-70 penalty up to $500) (standing) (Ex. DUT-NJ-016)
Michael H. Boyce, Chairman, Cobb County Board of Commissioners, Declaration of Emergency in Cobb County (Mar. 24, 2020) (Ex. MET-ATL-030)
Mayor James F. Kenney and Health Commissioner Thomas A. Farley, MD, MPH, Restated and Consolidated Emergency Order of 2021 (Jan. 15, 2021) (Ex. MET-PHL-012)
Kansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-159, Nuisances, sources of filth and causes of sickness; examination; orders to owner or occupant; penalty (standing) (Ex. DUT-KS-012)
County Executive Armond Budish, Executive Order No. EO2020-009 (Dec. 31, 2020) (Ex. MET-CLE-051)
Governor Andrew M. Cuomo, New York EO 202.11 (Mar. 27, 2020) (Ex. NY-014)
New Jersey Legislature (L.1947, c. 177, s. 9; amended L.1974, c. 150), N.J.S.A. 26:1A-9, Force and effect of Code; enforcement; local regulations (standing) (Ex. DUT-NJ-004)
New Jersey Legislature (L.1947, c. 177, s. 10; amended L.1953, c. 26; L.1993, c. 55), N.J.S.A. 26:1A-10, Violation of State Sanitary Code, penalty (standing) (Ex. DUT-NJ-005)
Husch Blackwell LLP (law-firm tracker), Husch Blackwell, 'Nebraska: State-by-State COVID-19 Guidance' (Apr. 15, 2021) (Ex. NE-097)
Governor Charles D. Baker, COVID-19 Order No. 13 (Mar. 23, 2020) (library exhibit MA-008; cross-reference, not re-saved) (Ex. DUT-MA-021)
County Executive Armond Budish, Executive Order No. EO2021-0016 (Aug. 3, 2021) (Ex. MET-CLE-009)
County Executive Armond Budish, Executive Order No. EO2021-0010 (Apr. 8, 2021) (Ex. MET-CLE-056)
