Function by function
Each of the twelve functions of this industry was reached by orders in every quarter from the second quarter of 2020 through the third quarter of 2021. This section takes each function in turn, names the instruments that reached it in each quarter, states the modification each compelled, and states the determination in the words of the statute and of Tri-State.
LG, lodging and occupancy
Second quarter of 2020: closure of lodging to all but enumerated guests in Maine, Vermont, New Hampshire, Delaware, Connecticut, Massachusetts, Arkansas and Idaho and in the Riverside, San Bernardino, El Dorado, Routt, Pitkin and Southeast Utah orders; suspension of online reservations in Maine, Vermont and New Hampshire; short-term-rental bans in Florida, Georgia, Michigan and South Carolina; occupancy caps in New Mexico; designation of the room as the quarantine location in Hawaii, Alaska, Texas and North Dakota; Essential Lodger priority in Hillsborough County.199 Third quarter of 2020: occupancy caps in New Mexico, New Hampshire and Connecticut; traveler-form verification at check-in in New York City; certificate at check-in in Maine; quarantine attestation in New Hampshire; the quarantines of the arriving guest in twelve jurisdictions.200 Fourth quarter of 2020: hotels confined to registered guests in Illinois; to essential travel in Santa Clara County and under the Regional Stay at Home Order; to 25 percent in Massachusetts; closed or capped by color in New Mexico; test-or-quarantine at the door in Pennsylvania, Connecticut, Massachusetts, New Hampshire, Maryland, New York and San Francisco.201 First quarter of 2021: those caps and door rules through their expiry dates (Pennsylvania March 1; Connecticut March 19; Massachusetts March 22); New Mexico's color caps; Hawaii's ten-day quarantine.202 Second quarter of 2021: New Mexico's caps to June 30; Hawaii's quarantine and, from June 7, the mandated hotel Health and Safety Plans; Rhode Island's quarantine.203 Third quarter of 2021: Hawaii's Safe Travels quarantine on every arrival, its filed hotel plans and its duty to house positive guests; Kansas's and Rhode Island's quarantines; Puerto Rico's lodging-employee vaccination-or-testing order; the face-covering orders, workplace infection-prevention and exposure-control requirements on every indoor public space, that governed every lobby in the seven States and the District that required them of every person, the four States that required them of the unvaccinated, and the metros; Nevada's statutory accommodation standards.204
The modification compelled
The orders compelled closure to a class of guest; suspension of the reservation channel; a cap on rooms; a document check at the desk; the room converted to a quarantine cell; the operator made the enforcing party for a traveler order; a filed operating plan; and a lobby under the face-covering requirement, the airborne-transmission control of the 2021 reinstatements.
The operation of lodging and occupancy was partially suspended in the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021 because of the lodging closures, short-term-rental bans, occupancy caps, quarantine orders, check-in verification orders, hotel-plan mandates and face-covering and exposure-control orders cited above.
FB, food and beverage outlets
Second quarter of 2020: dine-in closed in every State; room service only for registered guests in Louisiana and Wyoming; complimentary breakfasts limited to prepackaged take-out in Utah; bars closed everywhere.205 Third quarter of 2020: indoor dining closed in New Jersey's casinos to September 4 and in Los Angeles County; hotel bars closed in Florida (DBPR order), Arizona, Texas, Nevada's seven counties, Iowa's six counties and Monongalia County; capacity caps and closing hours elsewhere.206 Fourth quarter of 2020: indoor dining re-closed in Illinois, Washington, Michigan, Pennsylvania, New York City, Oregon's highest-tier counties, Minnesota, California and the District; 10:00 p.m. closings in New York, New Jersey, Montana, Oklahoma and Louisiana.207 First quarter of 2021: the re-closures through their step dates; the closings to their expiry.208 Second quarter of 2021: caps and spacing to each State's step date (Connecticut May 20; Rhode Island May 21; New Jersey June 4; New York June 15; Illinois June 11; Michigan June 22; Oregon and Washington June 30; New Mexico June 30; California June 15).209 Third quarter of 2021: proof of vaccination at the door in New York City, San Francisco, New Orleans and Honolulu; EO 21-05 spacing in Hawaii and 50 percent with a 10:00 p.m. liquor cutoff on O'ahu; face coverings on staff and patrons, the airborne-transmission control of the reinstatement States and metros; Louisiana's distancing and face-covering conditions on every casino restaurant and bar; Puerto Rico's midnight closing.210
The modification compelled
The orders compelled closure of dine-in service; closure of the bar; a cap on seats; spacing of tables; a closing hour; a format change to room service or take-out; a vaccination check at the door; and face coverings on the staff and the patron as one of the workplace exposure controls.
The operation of food and beverage outlets was partially suspended in each of the six quarters because of the dine-in closures, bar closures, capacity and spacing orders, closing-hour orders, alcohol suspensions, vaccination-proof orders and face-covering and exposure-control orders cited above.
MC, meetings, conventions and banquets
Second quarter of 2020: every gathering above ten, five or fifty prohibited in every State; every convention center closed (Javits, McCormick Place, the BCEC, the Pennsylvania Convention Center, the Colorado Convention Center, the OCCC); hotel ballrooms and conference rooms declared non-essential in the District and closed in Delaware, Michigan and Southeast Utah; Tarrant County's 50 percent or 125 cap.211 Third quarter of 2020: caps of 10 to 250; conventions closed to the public in Nevada to October 1 and then under approved plans; convention events prohibited in Maryland; conventions forbidden in Georgia before July 1 and tiered thereafter; "no events, functions, or meetings" at Massachusetts lodgings; Illinois' 50 percent meeting cap.212 Fourth quarter of 2020: hotel meetings forbidden in Illinois and Washington; capped at 10 in New Jersey, Chicago, Delaware and the District and at 25 indoors at Massachusetts event venues from December 13; at 25 per room in Kentucky; at 10 to 25 percent in Pennsylvania; venues closed in Minnesota, Oregon and Colorado's Level Red; banquet venues at 25 percent in North Dakota.213 First quarter of 2021: those caps through their step dates; New York's 33 percent events venues from April 2; New Jersey's 25 percent and 150 from February 5; Louisiana's conventions at 50 percent with a Fire Marshal-approved plan from March 3.214 Second quarter of 2021: the caps to each State's lifting date; Colorado's 500 with distancing to June 1; Nevada's plan approvals to June 1; McCormick Place and the BCEC still closed.215 Third quarter of 2021: Hawaii's ten-person indoor cap from August 10 and O'ahu's closure of indoor and outdoor events from September 22; vaccination or testing of every attendee at indoor mega-events in California; Nevada's certified-vaccination condition for an exception from the face-covering requirement at conventions of 4,000 or more; proof of vaccination for every indoor event space in New York City, San Francisco and New Orleans; Savannah's fifty-person cap on City property and event cancellations; the Virgin Islands' fifty-person cap; Washington's 75 percent cap on large indoor events absent verification; the federal contractor conditions on federal meetings.216
The modification compelled
The orders compelled prohibition of the event; a numerical cap; a percentage cap; an approved-plan condition; a vaccination or testing condition on every attendee; a face covering on every attendee; and closure of the venue.
The operation of meetings, conventions and banquets was partially suspended in each of the six quarters because of the gathering caps, venue closures, convention prohibitions, approved-plan conditions and vaccination and face-covering conditions cited above.
AM, amenities
Second quarter of 2020: every commercial casino floor closed by Governor or regulator (Nevada, New Jersey, Pennsylvania, Massachusetts, Louisiana, Mississippi, Missouri, Illinois, Iowa, Indiana, Ohio, Michigan, Maryland, Colorado, West Virginia, Delaware, New Mexico, Arkansas, Montana); pools, spas, hot tubs and gyms closed in every State (Wisconsin's order named hotel pools; Oakland County's named motels, hotels and resorts; Montana reopened pools at licensed public accommodations at 50 percent for registered guests from May 5); buffets and valet forbidden (Texas GA-18); casino showrooms closed.217 Third quarter of 2020: casinos reopened at 15 to 50 percent with removed positions, closed tables, screened entrants, no entertainment, no promotions, no valet and no buffets; pools at 50 percent for registered guests in Nevada with hot tubs, saunas and spas closed, and at 75 percent in Montana under Phase Two; hotel gyms closed in New Jersey to September 1; hotel pools limited to groups of ten in Arizona.218 Fourth quarter of 2020: casinos closed again in Illinois, Michigan and Pennsylvania and cut to 25 percent in Nevada and Massachusetts; half the devices disabled in Louisiana; gyms and pools closed or capped in every re-tightening State.219 First quarter of 2021: casinos at 25 to 50 percent under the Boards' steps; Massachusetts' craps and roulette returned by order; Nevada's pools and spas under Board requirements to May 1.220 Second quarter of 2021: the Boards' conditions to May 29 (Massachusetts), June 1 (Nevada) and June 4 (New Jersey); Louisiana's distancing in "all amenity areas" throughout.221 Third quarter of 2021: face coverings on every employee, patron and guest on every gaming floor in Clark and Washoe Counties from July 30 and on every gaming property in Louisiana from August 4, a condition of the license in each State; Louisiana's distancing throughout; Puerto Rico's casino entry condition from August 30; the Mescalero enterprise face-covering order, a workplace exposure-control condition of employment; vaccination at the door of every hotel gym in New York City, San Francisco, New Orleans and Honolulu; Hawaii's county pool and gym rules under the statewide caps.222
The modification compelled
The orders compelled closure of the gaming floor, the pool, the spa and the gym; removal of every other machine and seat; closure of tables and showrooms; a cap on occupancy; screening at the entry; prohibition of the buffet and the valet; a face covering on every player and dealer; and a vaccination check at the gym door.
The operation of amenities was partially suspended in each of the six quarters because of the casino shutdown and reopening orders, the pool, spa and gym closures, the buffet and valet prohibitions and the face-covering and vaccination orders cited above.
TV, travel demand
Second quarter of 2020: the entry proclamations (China, Iran, Schengen, United Kingdom, Ireland, Brazil); the land-border notices excluding tourism by name; the funneling notices; the No Sail Order and its April 9 extension; the traveler quarantines of more than twenty States; the airline slot waivers, minimum-service orders and Amtrak reductions; the stay-at-home orders that confined the guest.223 Third quarter of 2020: the No Sail Order's extensions; the proclamations and border notices; the summer quarantines of New York, Connecticut, Massachusetts, New Mexico, the District, Chicago, Hawaii, Alaska, Maine, Vermont, Rhode Island and Kansas.224 Fourth quarter of 2020: the Conditional Sailing Order; the proclamations and border notices; the winter quarantines of Pennsylvania, Connecticut, Massachusetts, New Hampshire, Vermont, Maryland, New York, Chicago, San Francisco, Santa Clara, Los Angeles County and Hawaii; Washington's variant-country quarantine.225 First quarter of 2021: the conveyance order from February 1; the inbound testing order from January 26; Proclamation 10143; the Conditional Sailing Order; the borders; the quarantines through their expiry.226 Second quarter of 2021: the same federal orders with Proclamation 10199 from May 4; Hawaii's Safe Travels; Rhode Island's quarantine; Chicago's travel order to June 29.227 Third quarter of 2021: the conveyance order and its directives; the inbound testing order; Proclamations 10143 and 10199; the land-border notices effective June 22 through October 21, 2021; the Conditional Sailing Order; the Title 42 order; Hawaii's Safe Travels; Kansas's and Rhode Island's quarantines.228
The modification compelled
The orders compelled exclusion of the foreign guest; exclusion of the Canadian and Mexican leisure guest; cancellation of every cruise; quarantine or testing of the domestic guest; the conveyance order's airborne-transmission controls on every passenger from departure to arrival; and confinement of the guest at home.
The operation of travel demand, the function by which the guest reaches the premises, was partially suspended in each of the six quarters because of the entry proclamations, land-border notices, No Sail and Conditional Sailing Orders, traveler quarantines, inbound testing order and conveyance order cited above.
GS, group sales
Every gathering cap, venue closure, convention prohibition and approved-plan condition cited under MC reached the group contract booked ahead of it; the traveler quarantines and entry orders cited under TV reached every inbound group; Riverside County's orders cancelled Coachella, Stagecoach and the Temecula Valley Balloon and Wine Festival for 2021; New Orleans restricted Mardi Gras; Savannah cancelled every permitted event through September 30, 2021; the federal contractor orders conditioned every federal room block and meeting; the Louisiana Gaming Control Board's Order No. 29 recites that casino admissions had not returned to 2019 levels in September 2021.229
The modification compelled
The orders compelled cancellation, postponement, capping or conditioning of the contracted group, and the exclusion of the group's members from the destination.
The operation of group sales was partially suspended in each of the six quarters because of the gathering, venue, convention, travel and contractor orders cited above.
HK, housekeeping and operating protocols
The reopening orders of every State conditioned reopening on cleaning, screening, distancing and masking protocols (Alaska's Mandate 016 attachments: "Establish a COVID-19 Mitigation Plan"; "Employer must conduct pre-shift screening and maintain staff screening log"); Connecticut's Sector Rules for Hotels and Lodging; New Hampshire's lodging guidance; New Jersey's hotel sanitization directive; Rhode Island's lodging regulation; Nevada's SB 4 and NAC chapter 447E (mandatory cleaning standards, daily housekeeping not to be discouraged, six-foot protocols, employee testing on return to work, daily temperature screening, written response plans and inspection); Rapid City's enhanced room-cleaning rule; Hawaii's mandated Health and Safety Plans; the gaming regulators' minimum requirements; the face-covering orders of 2020 and of the third quarter of 2021, workplace infection-prevention and exposure-control requirements in each instance; Louisiana's Response Liaison request under the Board's orders; the OSHA emphasis program's inspection posture.230
The modification compelled
The orders compelled a prescribed cleaning cycle; a rest period between check-ins; a screening log; a written plan filed with the State; an inspection regime; a face covering on every housekeeper and desk agent; and a designated liaison.
The operation of housekeeping and operating protocols was partially suspended in each of the six quarters because of the reopening conditions, sector rules, accommodation statutes and regulations, hotel-plan mandates and face-covering and exposure-control orders cited above.
SC, supply chain
The closure and stay-at-home orders that closed the industry's suppliers in the second quarter of 2020; the border and port orders that governed imported food, beverage, linen and amenity supply; the Captain of the Port requirements, announced in the Coast Guard bulletins, that confined crews aboard; the Defense Production Act orders that allocated PPE; the cruise orders that removed the provisioning trade of the ports; the eviction and foreclosure moratoria that governed the landlord and lender.231
The modification compelled
The orders compelled delay and interruption of the inputs on which the room, the meal and the event depend.
The operation of the supply chain was partially suspended in the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021 because of the supplier closure orders, border, port and conveyance orders and allocation orders cited above.
HR, hiring, credentialing, seasonal and foreign labor
The Department of State's suspension of routine visa services from March 20, 2020, which closed the J-1 and H-2B pipeline for the 2020 season; USCIS's office closure to June 4, 2020 and the I-9 deferral; the gaming regulators' re-licensing and screening conditions; the alcohol regulators' license conditions; Puerto Rico's vaccination-or-testing order on every lodging employee; the Task Force's attestation requirement for on-site federal contractors; Denver's vaccination order on personnel of listed entities; the Mescalero order on every enterprise employee; the health-care worker mandates that governed the hotels housing health-care staff.232
The modification compelled
The orders compelled suspension of the foreign-labor channel; conditions on licensure and screening; and vaccination or weekly testing as a condition of employment.
The operation of hiring, credentialing and seasonal and foreign labor was partially suspended in each of the six quarters because of the visa, immigration, licensing and employee-testing orders cited above.
OP, office and telework
The stay-at-home orders' telework mandates in the second quarter of 2020 (Delaware's Minimum Basic Operations; the District's telework permission; New York's 100 percent reduction outside the essential list); Minnesota's telework mandate to April 14, 2021; New Jersey's EO 107 telework mandate to June 4, 2021; Louisiana's directive to State offices and encouragement to every business; Ohio's Responsible RestartOhio casino requirement that employees able to work remotely continue to do so; Nevada's Directive 048 definition of "indoor public setting" to include "office buildings, breakrooms, hallways, cafeterias, meeting rooms"; the federal contractor rules for every hotel sales office serving a federal account.233
The modification compelled
The orders compelled closure of the sales, reservations and accounting office to in-person work, and an office under the face-covering requirement of Nevada's Directive 048, an exposure control on every indoor public setting.
The operation of office and telework functions was partially suspended in each of the six quarters because of the stay-at-home, telework and workplace orders cited above.
WF, workforce availability
The stay-at-home orders of forty-two jurisdictions; the school closures of every State in the spring of 2020 and the hybrid and remote schedules of 2020-21; the quarantine and isolation directives on exposed and positive employees (Alabama, Indiana, Nevada, Los Angeles County, Hawaii); the transit capacity and face-covering rules; the FFCRA paid-leave mandate; the winter curfews; the conveyance order's controls on the commuting workforce from February 1, 2021; the school face-covering and quarantine directives of the third quarter of 2021 (New Jersey, Harris County, Bexar County, Illinois, the Navajo Nation, and the Hawaii Department of Health's K-12 guidance, cited as such); the eviction moratoria; the court orders that summoned or excused the workforce as jurors and litigants.234
The modification compelled
The orders compelled confinement of the employee at home; exclusion of the exposed employee from the workplace; a commute under the conveyance order's airborne-transmission controls; and a child at home during the shift.
The operation of workforce availability was partially suspended in each of the six quarters because of the stay-at-home, school, quarantine, transit, leave and curfew orders cited above.
CB, the customer base
Every stay-at-home order; every traveler quarantine; every entry proclamation and border notice; the cruise orders; the inbound testing and conveyance orders; the gathering caps that cancelled the guest's event; the vaccination-proof conditions of New York City, San Francisco, New Orleans, Honolulu, Puerto Rico and Guam; Florida's prohibition of the same condition, which fixed by order what a Florida hotel could and could not ask of its guest.235
The modification compelled
The orders compelled confinement, quarantine, testing, exclusion, face-covering or vaccination-screening of the guest.
The operation of the customer-base function, by which the guest is permitted to arrive and be served, was partially suspended in each of the six quarters because of the orders cited above. Q&A-13 has no force of law by the United States' own account, and a stay-at-home order on the guest is itself an order limiting commerce and travel, the commerce it limited being the hotel's. The orders here went further: they quarantined the guest in the employer's own room, excluded him at the border and the pier, and made the employer the party that checked his documents at the door.236