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)
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)
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)
Provincetown Select Board and Board of Health, Emergency Order of the Provincetown Select Board and Board of Health directing all individuals to stay at their place of residence, directing all businesses to cease non-essential operations at physical locations, prohibiting all non-essential gatherings and ordering cessation of all non-essential travel (Mar. 23, 2020) (Ex. MET-BOS-080)
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)
S. Elizabeth Ford, M.D., M.B.A., District Health Director, Public Health District 3.2, and C.E.O., Fulton County Board of Health, Administrative Order for Public Health Control Measures Related to COVID-19, Directing All Residents of Fulton County to Shelter in Place (Mar. 31, 2020) (Ex. MET-ATL-002)
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)
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)
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)
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)
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)
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)
Summit County Health Officer Richard C. Bullough, PhD (Board of Health caption), Public Health Order 2020-01 (Mar. 15, 2020) (Ex. MET-SLC-003)
Summit County Health Officer Richard C. Bullough, the Summit County Council (5-0) and County Manager Thomas C. Fisher, in consultation with the Board of Health, Joint Public Health Order 2020-03 (Stay-at-Home) (Mar. 25, 2020) (Ex. MET-SLC-005)
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)
Randall Probst, Wasatch County Health Officer, with the Wasatch County Board of Health and County Council, Wasatch County Health Department Stay Safe Stay Home Order (with press release of March 30, 2020) (Mar. 30, 2020) (Ex. UT-055)
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)
Pitkin County Public Health Director / Board of Health, Pitkin County Public Health Order (spring 2020; document captured Apr. 13, 2020) (Ex. CO-089)
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 Resolution 2020-C (Dec. 16, 2020) (Ex. MET-BNA-044)
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)
Executive Director, BCPH, in collaboration with the Boulder County Board of Health, Amended Public Health Order 2020-07-3 Prohibiting Gatherings Involving Persons Aged 18 to 22 Years in the City of Boulder and Ordering Residents of Identified Properties to Stay at Home (Sept. 23, 2020) (Ex. MET-DEN-100)
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)
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 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)
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)
Thomas A. Farley, MD, MPH, Health Commissioner; adopted by Board of Health regulation Apr. 23, 2020 (effective Apr. 23, 2020), Emergency Order Concerning Operation of Long-Term Care Facilities (Apr. 8, 2020) (Ex. MET-PHL-004)
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)
Mayor Frank G. Jackson (Proclamation of Civil Emergency No. 10); Cuyahoga County Executive Armond Budish; Cleveland Department of Public Health; Cuyahoga County Board of Health, Proclamation of Civil Emergency No. 10 (Nov. 18, 2020) extending the emergency through Dec. 31, 2020 and adding a Stay At Home Advisory; joint City-County Stay at Home Advisory of Nov. 18, 2020 (Ex. MET-CLE-007)
Mayor James F. Kenney and Health Commissioner Thomas A. Farley, MD, MPH; adopted by the Board of Health as an emergency regulation Mar. 26, 2020 (effective Mar. 27, 2020), Emergency Order No. 2 (Business Activity and Stay at Home Order) (Mar. 22, 2020) (Ex. MET-PHL-003)
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)
West Virginia Legislature (codified statute), W. Va. Code § 16-3-2 (standing) (Ex. DUT-WV-002)
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)
Town of Nantucket (Select Board and Board of Health), Supplemental Emergency Order (Emergency Order No. 3 supplement) reaffirming the construction and commercial landscaping suspension (Emergency Order No. 1, Mar. 20, 2020) and the stay-at-home order (Emergency Order No. 3, Mar. 22, 2020) (Mar. 30, 2020) (Ex. MET-BOS-122)
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)
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)
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)
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)
County Executive Armond Budish, Executive Order No. EO2020-010 (Dec. 31, 2020) (Ex. MET-CLE-052)
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)
Mayor Keisha Lance Bottoms (Advisory Council on Reopening Atlanta), Recommended Guidelines: Reopening Phases (revised 7/10/2020) (July 10, 2020) (Ex. MET-ATL-046)
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)
