Maine Department of Health and Human Services, Maine CDC Health Inspection Program (10-144 C.M.R. ch. 200), jointly with the Department of Agriculture, Conservation and Forestry (01-001 C.M.R. ch. 331), State of Maine Food Code 2013, 10-144 C.M.R. ch. 200 and 01-001 C.M.R. ch. 331 (last amended October 1, 2013): sec. 2-201.11 (permit holder shall require food employees to report symptoms and diagnoses of transmissible disease; exclusion and restriction), sec. 2-501.11 (clean-up procedures), sec. 8-304.11 (responsibilities of the permit holder: comply with the Code and with 'directives of the Regulatory Authority... in response to community emergencies'; discontinue operations on imminent health hazard), sec. 8-402.11 (access), sec. 8-404.11 (ceasing operations and reporting), sec. 8-404.12 (approval before resuming), sec. 8-405.11 (timely correction) (standing) (Ex. DUT-ME-017)
Occupational Safety and Health Administration, U.S. Department of Labor (Assistant Secretary David Michaels), Final rule, Maine State Plan for State and Local Government Employers; initial approval determination, 80 Fed. Reg. 46487 (Aug. 5, 2015) (29 C.F.R. part 1956, subpart O) (standing) (Ex. DUT-ME-006)
Governor Janet T. Mills, Proclamation of Insurance Emergency (Mar. 12, 2020) (Ex. ME-002)
Superintendent of Insurance Eric A. Cioppa, Bureau of Insurance, Bulletin 442 (Mar. 12, 2020) (Ex. ME-076)
Maine Legislature (22 M.R.S. chapter 250, Control of Notifiable Diseases and Conditions; administered by the Department of Health and Human Services through the Maine Center for Disease Control and Prevention), 22 M.R.S. secs. 801-825: sec. 801(4-A) (extreme public health emergency) and 801(10) (public health threat); sec. 802 (authority of department; health emergency; emergency rules; Governor's declaration); sec. 803 (inspection); sec. 804 (enforcement by agents, local health officers, sheriffs and law enforcement; cease-and-desist; fines; injunction); sec. 805 (court orders); sec. 807 (control of communicable diseases; designated facilities); sec. 808 (investigations); sec. 810 (emergency temporary custody of person or property); secs. 811-812 (court-ordered public health measures); sec. 816 (compliance-conditioned immunity); sec. 820 (extreme public health emergency powers); secs. 821-822 (reporting); sec. 825 (penalties) (standing) (Ex. DUT-ME-001)
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)
Governor Janet T. Mills, Proclamation of State of Civil Emergency to Further Protect Public Health (Mar. 15, 2020) (Ex. ME-001)
Maine Legislature (129th), approved by Governor Mills, P.L. 2019, ch. 617 (LD 2167, SP 789) (Mar. 18, 2020) (Ex. ME-003)
Governor Janet T. Mills, Executive Order 14 FY 19/20 (Mar. 18, 2020) (Ex. ME-004)
Maine Supreme Judicial Court, Revised Emergency Order and Notice from the Maine Supreme Judicial Court (Courthouse Safety and Coronavirus) (Mar. 18, 2020) (Ex. ME-063)
Governor Janet T. Mills, Executive Order 14 FY 19/20 (Mar. 18, 2020) (Ex. SEC-16-066)
Governor Janet T. Mills, Executive Order 16 FY 19/20 (Corrected) (Mar. 20, 2020) (Ex. ME-005)
Governor Janet T. Mills, Executive Order 18 FY 19/20 (Mar. 23, 2020) (Ex. ME-006)
Maine Judicial Branch (Chief Justice Saufley), Public Information Office, Release: Maine Judicial Branch Announces Reduction in Court Hours and Adjustments to Operations (Mar. 22, 2020) (Ex. ME-064)
Governor Janet T. Mills, Executive Order 20 FY 19/20 (Mar. 24, 2020) (Ex. ME-010)
Judith M. Shaw, Securities Administrator, Order No. 2020-11, Order Addressing Disruptions (Mar. 25, 2020) (Ex. AGY-ST-INSURANCE-BANKING-065)
Governor Janet T. Mills, Executive Order 19 FY 19/20 (Mar. 24, 2020) (Ex. ME-007)
Department of Economic and Community Development (lead agency under EO 19 § IV), Essential Business Operations Definitions (Apr. 3, 2020) (Ex. ME-008)
Office of the Governor / DECD, FAQs: Business Closures, Executive Order Number 19 (V2) (Mar. 25, 2020) (Ex. ME-009)
City Manager Jon Jennings (with Mayor Kate Snyder), Emergency Stay at Home Order (City Manager's emergency proclamation), announced Mar. 24, 2020 (Ex. ME-089)
Bureau of Parks and Lands (Director Andy Cutko), with the support of Governor Janet Mills, Bureau of Parks and Lands COVID-19 updates: 'March 26, 2020: Select Coastal State Parks Closed Due to [COVID-19]' (Reid, Popham Beach, Fort Popham and other Midcoast and Southern Maine coastal parks and beaches closed Mar. 27 - Apr. 8, 2020; playgrounds closed until further notice), as captured Mar. 28, 2020 (Mar. 26, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-032)
Maine Supreme Judicial Court, Pandemic Management Order PMO-SJC-1 (original) (Mar. 30, 2020) (Ex. ME-065)
Maine Supreme Judicial Court, PMO-SJC-1 as revised through May 6, 2021 (Mar. 30, 2020) (Ex. ME-066)
Governor Janet T. Mills, Executive Order 28 FY 19/20 (Corrected 2) (Mar. 31, 2020) (Ex. ME-011)
Office of the Governor, Governor Mills Stay Healthy at Home FAQs (V3) (Apr. 1, 2020) (Ex. ME-012)
Governor Janet T. Mills, Executive Order 34 FY 19/20 (Apr. 3, 2020) (Ex. ECO-C-016)
Governor Janet T. Mills, Executive Order 34 FY 19/20 (Apr. 3, 2020) (Ex. ME-013)
Governor Janet T. Mills, Executive Order 34 FY 19/20 (Apr. 3, 2020) (Ex. SEC-06-014)
Governor Janet T. Mills, Executive Order 34 FY 19/20 (Apr. 3, 2020) (Ex. SEC-11-054)
Governor Janet T. Mills, Executive Order 35 FY 19/20 (Apr. 6, 2020) (Ex. ME-014)
Governor Janet T. Mills, Executive Order 19-A FY 19/20 (Apr. 7, 2020) (Ex. ME-015)
Superintendent of Insurance, Bulletin 443 (Apr. 7, 2020) (Ex. ME-077)
Governor Janet T. Mills, Executive Order 37 FY 19/20 (Apr. 8, 2020) (Ex. ME-016)
Governor Janet T. Mills, Executive Order 28-A FY 19/20 (Apr. 10, 2020) (Ex. ME-017)
Governor Janet T. Mills, Proclamation to Renew the State of Civil Emergency (first renewal) (Apr. 14, 2020) (Ex. ME-018)
Superintendent of Insurance, Bulletin 444 (Apr. 15, 2020) (Ex. ME-078)
Superintendent of Insurance, Bulletin 445 (Apr. 15, 2020) (Ex. ME-079)
Governor Janet T. Mills, Executive Order 40 FY 19/20 (Apr. 16, 2020) (Ex. ME-019)
Portland City Council, Council extension of the Stay at Home Emergency Order (vote of Apr. 27, 2020) (Ex. ME-090)
Governor Janet T. Mills, Executive Order 49 FY 19/20 (Apr. 29, 2020) (Ex. ME-021)
Governor Janet T. Mills; Department of Economic and Community Development, Together We Are Maine: Restarting Maine's Economy (plan booklet) (Apr. 28, 2020) (Ex. ME-020)
Maine Department of Health and Human Services, COVID-19 Guidance for Health Care Providers (updated May 12, 2020) (Ex. ME-023)
Office of the Governor / DECD, Restarting Maine's Economy web page (maine.gov/covid19/restartingmaine) as of May 1, 2020 (Ex. ME-080)
Department of Economic and Community Development, COVID-19 Prevention Checklists index page (maine.gov/decd/covid-19-prevention-checklists) as of Dec. 12, 2020 (Ex. ME-081)
DECD (with DHHS and Maine CDC), COVID-19 Prevention Checklist: General Guidance (as of Dec. 4, 2020) (Ex. ME-083)
DECD (with DHHS and Maine CDC), COVID-19 Prevention Checklist: Retail Businesses (as of Dec. 30, 2020) (Ex. ME-084)
DECD (with DHHS and Maine CDC), COVID-19 Prevention Checklist: Barbering and Cosmetology (as of Oct. 18, 2020; general guidance updated June 10, 2020) (Ex. ME-088)
City of Portland, Amended emergency order incorporating the Governor's orders (as of May 4, 2020) (Ex. ME-091)
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)
Governor Janet T. Mills, Executive Order 53 FY 19/20 (Corrected) (May 12, 2020) (Ex. ME-022)
Governor Janet T. Mills, Proclamation to Renew the State of Civil Emergency (second renewal) (May 13, 2020) (Ex. ME-024)
Maine Supreme Judicial Court, COVID-19 Phased Management Plan (issued May 27, 2020; Version 8, May 6, 2021) (Ex. ME-068)
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)
DECD (with DHHS and Maine CDC), COVID-19 Prevention Checklist: Religious Gatherings (as of Nov. 14, 2020; updated Nov. 5, 2020) (Ex. ME-087)
Governor Janet T. Mills, Executive Order 55 FY 19/20 (May 29, 2020) (Ex. ME-025)
DECD (with DHHS and Maine CDC), COVID-19 Prevention Checklist: Lodging (as of Oct. 18, 2020; last updated July 24, 2020) (Ex. ME-086)
Governor Janet T. Mills, Executive Order 57 FY 19/20 (June 9, 2020) (Ex. ME-026)
Governor Janet T. Mills, Proclamation to Renew the State of Civil Emergency (third renewal) (June 10, 2020) (Ex. ME-027)
Governor Janet T. Mills, Executive Order 28-A-2 FY 19/20 (June 16, 2020) (Ex. ME-028)
Governor Janet T. Mills, Executive Order 2 FY 20/21 (July 8, 2020) (Ex. ME-029)
Governor Janet T. Mills, Proclamation to Renew the State of Civil Emergency (fourth renewal) (July 8, 2020) (Ex. ME-030)
Maine Department of Education, Framework for Returning to Classroom Instruction (updated 7/13/2020) (July 13, 2020) (Ex. ME-031)
Governor Janet T. Mills, Executive Order 4 FY 20/21 (July 22, 2020) (Ex. ME-032)
Governor Janet T. Mills, Executive Order 5 FY 20/21 (July 30, 2020) (Ex. ME-033)
Governor Janet T. Mills, Executive Order 6 FY 20/21 (Aug. 1, 2020) (Ex. ME-034)
Governor Janet T. Mills, Proclamation to Renew the Civil State of Emergency (fifth renewal) (Aug. 5, 2020) (Ex. ME-035)
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)
Governor Janet T. Mills, Executive Order 7 FY 20/21 (Corrected) (Aug. 26, 2020) (Ex. ME-036)
Governor Janet T. Mills, Proclamation to Renew the State of Civil Emergency (sixth renewal) (Sept. 2, 2020) (Ex. ME-037)
Maine Supreme Judicial Court, PMO-SJC-8 (Sept. 23, 2020) (Ex. ME-069)
Governor Janet T. Mills, Proclamation to Renew the State of Civil Emergency (seventh renewal) (Sept. 30, 2020) (Ex. ME-038)
Governor Janet T. Mills, Executive Order 14 FY 20/21 (Oct. 6, 2020) (Ex. ME-039)
Governor Janet T. Mills, Executive Order 15 FY 20/21 (Oct. 19, 2020) (Ex. ME-040)
Governor Janet T. Mills, Proclamation to Renew the State of Civil Emergency (eighth renewal) (Oct. 29, 2020) (Ex. ME-041)
Governor Janet T. Mills, Executive Order 16 FY 20/21 (Nov. 4, 2020) (Ex. ME-042)
DECD (with DHHS and Maine CDC), COVID-19 Prevention Checklist: Gyms and Fitness Centers (as of Nov. 26, 2020; last updated Nov. 6, 2020) (Ex. ME-085)
Department of Economic and Community Development (with DHHS and Maine CDC), COVID-19 Prevention Checklist: Seated Food and Drink Service (as of Dec. 16, 2020) (Ex. ME-082)
Governor Janet T. Mills, Proclamation to Renew the State of Civil Emergency (ninth renewal) (Nov. 24, 2020) (Ex. ME-043)
Governor Janet T. Mills, Executive Order 18 FY 20/21 (Dec. 9, 2020) (Ex. ME-044)
Governor Janet T. Mills, Executive Order 19 FY 20/21 (Dec. 11, 2020) (Ex. ME-045)
Maine Supreme Judicial Court, PMO-SJC-2 (Consolidating, Ratifying, and Superseding the Previous Orders) (Mar. 30, 2020) (Ex. ME-067)
Governor Janet T. Mills, Executive Order 19-A FY 20/21 (Dec. 15, 2020) (Ex. ME-046)
Governor Janet T. Mills, Proclamation to Renew the State of Civil Emergency (tenth renewal) (Dec. 22, 2020) (Ex. ME-047)
Maine Supreme Judicial Court (Acting Chief Justice Mead), PMO-SJC-9 (Dec. 22, 2020) (Ex. ME-070)
United States Court of Appeals for the First Circuit, Calvary Chapel of Bangor v. Mills, No. 20-1507, 984 F.3d 21 (Dec. 22, 2020) (Ex. SEC-16-036)
Governor Janet T. Mills, Executive Order 7-A FY 20/21 (Dec. 31, 2020) (Ex. ME-048)
Governor Janet T. Mills, Executive Order 22-R-1 FY 20/21 (Dec. 31, 2020) (Ex. ME-049)
Maine Legislature (22 M.R.S. sec. 1561, Removal of private nuisance; enforced by local health officers), 22 M.R.S. sec. 1561 (owner's or occupant's duty to remove, within 24 hours of the local health officer's notice, any source of filth 'determined to be potentially injurious to health'; forfeiture; removal at owner's expense) (standing) (Ex. DUT-ME-015)
Maine Legislature (26 M.R.S. chapter 7, subchapter 5-B, Whistleblowers' Protection Act), 26 M.R.S. sec. 833(1)(A)-(B) (no employer may discharge, threaten or discriminate against an employee for reporting in good faith a violation of law or rule or 'a condition or practice that would put at risk the health or safety of that employee or any other individual') (standing) (Ex. DUT-ME-018)
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)
Governor Janet T. Mills, Proclamation to Renew the State of Civil Emergency (eleventh renewal) (Jan. 19, 2021) (Ex. ME-050)
Governor Janet T. Mills, Executive Order 31 FY 20/21 (Feb. 12, 2021) (Ex. ME-051)
Governor Janet T. Mills, Proclamation to Renew the State of Civil Emergency (twelfth renewal) (Feb. 17, 2021) (Ex. ME-052)
Maine Supreme Judicial Court, PMO-SJC-10 (Feb. 17, 2021) (Ex. ME-071)
Governor Janet T. Mills, Executive Order 35 FY 20/21 (Mar. 5, 2021) (Ex. ME-053)
Maine Supreme Judicial Court, PMO-SJC-12 (Mar. 15, 2021) (Ex. ME-072)
Governor Janet T. Mills, Proclamation to Renew the State of Civil Emergency (thirteenth renewal) (Mar. 17, 2021) (Ex. ME-054)
130th Maine Legislature (L.D. 1, S.P. 29); became law without the Governor's signature, Public Law 2021, chapter 28 (L.D. 1), An Act To Establish the COVID-19 Patient Bill of Rights and To Amend the Governor's Emergency Powers, Part C, enacting 37-B M.R.S. sec. 742(1)(E) (standing) (Ex. DUT-ME-016)
Governor Janet T. Mills, Proclamation to Renew the State of Civil Emergency (fourteenth renewal) (Apr. 14, 2021) (Ex. ME-055)
Governor Janet T. Mills, Executive Order 37 FY 20/21 (Apr. 28, 2021) (Ex. ME-056)
Governor Janet T. Mills, Executive Order 38 FY 20/21 (May 13, 2021) (Ex. ME-057)
Governor Janet T. Mills, Executive Order 39 FY 20/21 (May 19, 2021) (Ex. ME-058)
City of Portland, City buildings: face covering and health screening protocols (update effective May 24, 2021) (June 16, 2021) (Ex. ME-092)
Maine Supreme Judicial Court (Acting Chief Justice Mead), Final Addendum / Discontinuance of Phased Management Plan (June 1, 2021) (Ex. ME-073)
Maine Supreme Judicial Court, Post-Pandemic Management Order PPMO-SJC-1 (issued June 1, 2021; revised June 28, July 1, Aug. 16, 2021; Mar. 11, May 4, 2022; Mar. 30, 2023) (Ex. ME-074)
Governor Janet T. Mills, Proclamation to Renew the State of Civil Emergency (final renewal) (June 11, 2021) (Ex. ME-059)
Governor Janet T. Mills, Executive Order 40 FY 20/21 (June 30, 2021) (Ex. ME-060)
Maine Trial Court Chiefs (Superior Court Chief Justice Mullen; District Court Chief Judge French; Deputy Chief Judge Lawrence), PPMO-TC-1 (July 13, 2021) (Ex. ME-075)
City of Portland, Alert: Masking in Indoor Places Recommended When County Reaches Substantial Community Transmission (Aug. 5, 2021) (Ex. ME-093)
Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention, 10-144 C.M.R. ch. 264, Immunization Requirements for Healthcare Workers, emergency routine technical rule, filing 2021-166 (Aug. 12, 2021) (Ex. ME-061)
Maine Department of Health and Human Services and Maine CDC, 10-144 C.M.R. ch. 264, Immunization Requirements for Healthcare Workers (emergency rule adopted Aug. 12, 2021) (Ex. SEC-01-097)
Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention, 10-144 C.M.R. ch. 264, Immunization Requirements for Healthcare Workers (emergency routine technical rule) (Aug. 12, 2021) (Ex. SEC-03-074)
Maine Center for Disease Control and Prevention, Department of Health and Human Services (emergency rule); First Circuit (description), 10-144 C.M.R. ch. 264 (emergency rule of Aug. 12, 2021), as described in Does 1-6 v. Mills, No. 21-1826 (1st Cir. Oct. 19, 2021) (Ex. SEC-04-066)
Portland City Council, Resolution of Oct. 4, 2021 urging precautionary measures (masks in public indoor places) (Ex. ME-094)
Lynch, Circuit Judge, for the court (Howard, C.J., Lynch and Barron, JJ.), Does 1-6 v. Mills, No. 21-1826, 16 F.4th 20 (1st Cir. Oct. 19, 2021) (Ex. ME-062)
First Circuit, Does 1-6 v. Mills, 16 F.4th 20 (1st Cir. Oct. 19, 2021) (Ex. SEC-01-111)
Maine Legislature (26 M.R.S. chapter 6, Occupational Safety Rules and Regulations Board; Board of Occupational Safety and Health; Bureau of Labor Standards), 26 M.R.S. sec. 561-A (general duties of employer and employee), sec. 563(6)-(7) (employee and employer defined as public bodies), sec. 565 (Board rules 'must at a minimum conform to federal standards of occupational safety and health'), sec. 566 (Bureau inspects and enforces), sec. 568 (appeals), sec. 570 (discrimination) (standing) (Ex. DUT-ME-005)
Maine Legislature (26 M.R.S. chapter 3, Bureau of Labor Standards, Department of Labor), 26 M.R.S. sec. 42 (powers and duties of the Bureau; the director 'shall cause to be enforced... all laws established for the protection of health, lives and limbs of operators in workshops and factories, on railroads and in other places'), sec. 44 (right of access; records), sec. 45 (citations for violation of sec. 561-A or Board rules), sec. 46 (civil penalties), sec. 49 (imminent danger; Superior Court restraint), sec. 50 (inspections on employee complaint) (standing) (Ex. DUT-ME-007)
Maine Legislature (17 M.R.S. chapter 91, Nuisances), 17 M.R.S. sec. 2702 (abatement of nuisance), sec. 2705 (jurisdiction by injunction), sec. 2706 (penalty and abatement of public or common nuisance), sec. 2802 (miscellaneous nuisances: a building or place used for 'a trade, employment or manufacture' that 'becomes injurious and dangerous to the health, comfort or property of individuals or of the public') (standing) (Ex. DUT-ME-010)
Maine Legislature (22 M.R.S. chapter 562, Eating Establishments, Lodging Places, Campgrounds, Recreational and Sporting Camps, Youth Camps, Public Pools and Public Spas; administered by the DHHS Health Inspection Program), 22 M.R.S. sec. 2492 (license required), sec. 2496 (Department rulemaking; Maine Food Code), sec. 2497 (right of entry and inspection without warrant), sec. 2498 (fines; correction directives; penalties for operating unlicensed; Attorney General injunction), sec. 2500 (suspension or revocation; emergency suspension where conditions 'may endanger the life, health or safety of persons') (standing) (Ex. DUT-ME-008)
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)
