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The COVID Project

Function codes

CodeFunction of the business
SLsalon, barber, nail and spa services
CLcleaning and laundry
FHfuneral homes (gathering caps on services)
PSpet grooming and boarding
RPin-home and shop repair services
RTretail products
HRhiring, screening, training and credentialing
OPoffice, administration and telework
WFworkforce availability
CBthe customer base

Function by function

Each of the ten functions of this industry was reached by orders in every one of the six quarters, and for each the modification the orders compelled is stated below with the instruments that compelled it. The determinations are stated in the statute's words.

SL: salon, barber, nail, skin, massage, tattoo and tanning services

The instruments and the modification

In the second quarter of 2020 the function was closed by name in forty-six States and the District for four to fourteen weeks (Ex. SEC-18-008; Ex. SEC-18-032; Ex. SEC-18-033; Ex. SEC-18-034; Ex. SEC-18-035; Ex. SEC-18-038; Ex. NY-004; Ex. MI-010; Ex. MN-004; Ex. CO-004; Ex. WY-006; Ex. ND-013; Ex. AR-037; Ex. WV-006; Ex. AK-011; Ex. CT-006; Ex. RI-006; Ex. VT-008; Ex. DC-005; Ex. MA-008; Ex. MD-005; Ex. NC-004; Ex. SC-010; Ex. AL-011; Ex. OR-007; Ex. WA-009; Ex. MT-009; and, for Florida, Virginia, Mississippi, Louisiana, Kentucky, Indiana and California, Executive Order 20-91, Executive Order 53, Executive Order 1466, Proclamation 33 JBE 2020, the Cabinet order of March 18, 2020, Executive Order 20-08 and Executive Order N-33-20), by county order in Missouri, Utah and Nebraska (Ex. MET-STL-006; Ex. MET-STL-044; Ex. MET-SLC-042; Ex. NE-010) and in the largest metros before their States (Ex. MET-BOS-050; Ex. MET-HOU-073; Ex. MET-ATL-022; Ex. MET-CLT-050; Ex. MET-ATL-032), and then reopened only under conditions on the service itself: appointment-only (Ex. AZ-017; Ex. SEC-18-039; Ex. DC-029; Ex. NH-055; Ex. OK-022; Ex. NV-016; Ex. SEC-18-037; Maryland's Order No. 20-05-13-01), one customer per operator (Ex. AK-085; Ex. DC-029; Virginia's Executive Order 61), six feet or barriers between stations (Ex. SEC-18-025, incorporating the Department of Licensing and Regulation's protocols, Ex. AGY-ST-TRADE-BOARDS-010; Ex. AGY-ST-TRADE-BOARDS-011; Ex. AGY-ST-TRADE-BOARDS-012), waiting areas eliminated (Ex. SEC-18-039), occupancy of twenty-five to fifty percent (Ex. SEC-18-018; Ex. LA-010; Ex. MN-024; Ex. DE-019; Ex. CT-019; Ex. CT-080; Ex. NY-109; Ex. PA-011; Ex. KY-071; Ex. MET-PHL-027; Ex. MET-MSY-006; Ex. MET-MKE-006; Ex. MET-BAL-035; Ex. MET-BAL-084; South Carolina's Executive Order 2020-36), face coverings on operator and customer, one of the workplace infection-prevention and exposure-control requirements the reopening orders imposed alongside screening and sanitation (Ex. SEC-18-011; Ex. AGY-ST-TRADE-BOARDS-002; Ex. SEC-18-027; Ex. SEC-18-028; Ex. SEC-18-036), mask-off services barred or limited (Ex. SEC-18-018; Ex. MET-NYC-025; Ex. SEC-18-007) and compliance with two agencies' standards as the condition of opening (Ex. SEC-18-009; Ex. SEC-18-010; Ex. NJ-070).182 In the third quarter of 2020 the conditions ran on in every State; California closed the function indoors again in thirty-two counties from July 13 (Ex. SEC-18-022; Ex. MET-LA-009; Ex. MET-SAC-007; Ex. MET-SAN-012); New York City barred every mask-off service (Ex. MET-NYC-025); Chicago did the same (Ex. MET-CHI-014; Ex. MET-CHI-053); and the face-covering orders of thirty-four States and the metros, airborne-transmission controls binding every chair, ran on (Texas's Executive Order GA-29; Kentucky's Executive Order 2020-586; Louisiana's Proclamation 89 JBE 2020; Ex. CO-031; Ex. OR-025; Ex. WA-037; Ex. MET-MSY-054; Ex. MET-MSY-073; Ex. MET-ATL-011).183 In the fourth quarter of 2020 the function was closed again in California's regions (Ex. SEC-18-024; Ex. MET-LA-012; Ex. MET-SAN-017; Ex. MET-SAC-012; Ex. MET-SFO-013), in New Mexico (Ex. NM-039; Ex. NM-040) and in New York's zones (Ex. NY-008); cut to twenty-five percent in Illinois with no mask-off services (Ex. SEC-18-019), in Washington (Ex. WA-047), Colorado (Ex. CO-081), Massachusetts (Ex. MA-040), New Jersey (Ex. NJ-037), Montgomery County (Ex. MET-DCM-011; Ex. MET-DCM-013), St. Louis County (Ex. MET-STL-074) and Chicago (Ex. MET-CHI-016; Ex. MET-CHI-053); and made appointment-only with no mask-off services in Michigan (Ex. MI-061; Ex. MET-DET-001; Ex. MET-DET-032; the Department of Health and Human Services' order of October 29, 2020) and appointment-only in Johnson County and Shelby County (Ex. MET-KC-061; Ex. MET-BNA-071).184 In the first quarter of 2021 those orders ran to their stepped expiry (Ex. MET-LA-013; Ex. MI-063; Ex. MI-064; Ex. MI-066; Ex. TX-026; Ex. MET-STL-075; Ex. MET-DCM-014; Texas's Executive Orders GA-32 and GA-34; Maryland's Order No. 21-03-09-01) and the capacity, distancing and face-covering conditions of twenty-two jurisdictions continued (Ex. RI-070; Ex. NY-109; Ex. SEC-18-007; Ex. PA-022; Ex. DC-016; Ex. MET-MSY-022; Ex. MET-PHL-013; Ex. MET-HNL-026; Connecticut's Personal Services sector rules of February 26, 2021).185 In the second quarter of 2021 the conditions fell between May 19 and July 1 (Ex. PA-033; Ex. MI-069; Ex. MA-054; Ex. RI-071; Ex. NJ-050; Ex. NY-134; Ex. CA-036; Ex. WA-065; Ex. WA-072; Ex. WA-105; Ex. OR-043; Ex. DC-016; Ex. MET-DEN-014; Ex. MET-CHI-017; Ex. MET-CHI-018; Ex. MET-BOS-018; Ex. MET-DCM-021; Ex. MET-HNL-028; Ex. MET-HNL-030; Michigan's rescission of June 17, 2021; Connecticut's Executive Order 12B; Kentucky's Executive Order 2021-386; New Mexico's order of June 30, 2021).186 In the third quarter of 2021 the function was an indoor public place in which every person wore a face covering by order, with the operator's duty to enforce, in seven States, the District and the Navajo Nation (Ex. NV-041; Ex. OR-048; Ex. WA-078; Ex. SEC-18-042; Ex. DC-057; Ex. HI-025; Ex. AZ-080; Louisiana's Proclamation 137 JBE 2021; New Mexico's order of August 17, 2021; Hawaii's Emergency Proclamation of August 5, 2021), in California, Connecticut and New York as to the unvaccinated (Ex. AGY-ST-HEALTH-SUBORDERS-110; Ex. CT-050; Ex. NY-134), and in the metropolitan areas named in the quarters section (Ex. MET-LA-018; Ex. MET-SAC-015; Ex. MET-SFO-071; Ex. MET-STL-021; Ex. MET-MSY-027; Ex. MET-MSY-063; Ex. MET-KC-002; Ex. MET-CHI-026; Ex. MET-CHI-041; Ex. MET-DCM-023; Ex. MET-BAL-017; Ex. MET-DFW-028; Ex. MET-PHL-019; Ex. MET-CLT-001; Ex. MET-MKE-023; Ex. MET-BOS-013; Ex. MET-BOS-036; Ex. MET-DEN-033; Ex. MET-SEA-002; Ex. MET-CMH-048), every salon, barbershop and spa worker in Puerto Rico was vaccinated or tested weekly (Ex. AGY-TERRITORIES-035), every contract barber entered a nursing home under the CMS memorandum and the health-care-worker orders (Ex. FED-156; Ex. NY-071; Ex. CA-030), and every premises in Hawaii operated under the tier conditions (Ex. HI-025; Ex. MET-HNL-032; Ex. MET-HNL-037; Ex. MET-HNL-038).187

The operation of SL was partially suspended in the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021 because of the closure orders that named the trade, the reopening orders that conditioned the service, the second and third closures of California and New Mexico, the winter capacity and appointment orders, the workplace standards, the face-covering orders of every quarter, workplace infection-prevention and exposure-control requirements that ran with the screening, spacing and occupancy conditions of the reopening orders, and the reinstated indoor face-covering orders of the third quarter of 2021.

CL: laundry and dry cleaning

The instruments and the modification

The federal essential-workforce list named laundries in every version (Ex. FED-394; Ex. SEC-18-002; Ex. SEC-18-001), and every State that adopted it left the laundromat open; the same orders closed or confined the laundry's customers and accounts. In the second quarter of 2020 the retail customer was ordered to stay home (Ex. MET-SFO-001; Ex. MET-LA-003; Ex. NJ-004; Ex. MET-STL-044; Ex. SEC-18-032; Maryland's Order No. 20-03-30-01; Virginia's Executive Order 53) and every hotel, restaurant, office, gym, school and event account was closed by order (Ex. MET-NYC-003; Ex. IL-004; Ex. TX-003; Ex. MA-008; New York's Executive Order 202.6); in the third quarter the accounts reopened at the capacity of the dining-room and office orders and California re-closed them (Ex. SEC-18-022; Ex. MET-LA-007); in the fourth quarter and the first quarter of 2021 they were re-closed or re-capped in California, New York City, Minnesota, Michigan, Washington, Pennsylvania, Illinois and Oregon (Ex. SEC-18-024; Ex. NY-039; Ex. MN-032; Ex. MI-061; Ex. WA-047; Ex. PA-028; Ex. SEC-18-019; Ex. OR-035); in the second and third quarters of 2021 the hospital and nursing-home accounts came under the OSHA Healthcare Emergency Temporary Standard, which reached every laundry performing services in a health-care setting from June 21, 2021 (Ex. FED-080; Ex. FED-081; Ex. SEC-18-004), the laundromat was an indoor public place under every indoor face-covering order of the third quarter of 2021, airborne-transmission controls the operator was bound to post and enforce (Ex. SEC-18-042; Ex. MET-CHI-041; Ex. MET-BAL-017; Ex. MET-SEA-002), and the plant and the route ran under the workplace standards of California, Virginia and Oregon (Ex. SEC-10-043; Ex. SEC-09-048; Ex. SEC-12-066) and the National Emphasis Program (Ex. SEC-18-003). The scarce-materials designation on gloves, masks and disinfectants ran from March 25, 2020 to November 15, 2021 on the laundry's own supplies (Ex. FED-074; Ex. ECO-A-070; Ex. ECO-A-071).188

The operation of CL was partially suspended in all six quarters because of the stay-home orders on its retail customers, the closure, capacity and hours orders on its commercial accounts, the Healthcare Emergency Temporary Standard on its health-care work, the face-covering orders on its premises, workplace infection-prevention and exposure-control requirements that ran with screening and distancing, and the workplace standards and scarce-materials orders on its plant.

FH: funeral homes, cemeteries and crematories

The instruments and the modification

The funeral is a "group meeting" in the statute's words, and the orders capped it: at fewer than ten in Wisconsin (Ex. SEC-18-034, § 13.h-i), at ten in Illinois, Michigan, New Jersey, Massachusetts, Delaware, Minnesota, Virginia, Kentucky and Kansas (Ex. SEC-18-032; Ex. MI-010; Ex. SEC-18-008; Ex. MA-008; Ex. MN-004; Virginia's Executive Order 53; Kentucky's Cabinet order of March 17, 2020), as a non-essential gathering of any size in New York (Ex. NY-005); at fifty percent in Kentucky under requirements that ran to June 11, 2021 (Ex. SEC-18-041; Executive Order 2021-386); at twenty-five percent in Oregon's freeze and at thirty percent in Delaware in the winter of 2020-21 (Ex. OR-033 (Executive Order 20-65, November 17, 2020); Ex. OR-035; Ex. DE-033); and under the gathering caps of every winter order (Ex. MET-DCM-013; Ex. MET-BOS-010; Ex. MET-CHI-027; Ex. MET-STL-074). The State death-care regulators rewrote the function's own rules by emergency order (Ex. LA-006; Ex. AGY-ST-HEALTH-SUBORDERS-094; Ex. AGY-ST-HEALTH-SUBORDERS-095; Ex. AGY-ST-HEALTH-SUBORDERS-029; Ex. PA-095; Pennsylvania's Act 21 of 2021); the licensing waivers for funeral directors and embalmers ran in California to September 28, 2021 (Ex. AGY-ST-TRADE-BOARDS-051; Ex. AGY-ST-TRADE-BOARDS-052); the removal from a hospital or nursing home was governed by the visitation memorandum and, in the third quarter of 2021, the health-care-worker orders (Ex. FED-156; Ex. NY-071; Ex. NJ-056; Ex. CA-030); the repast closed with the restaurants (Ex. IL-004; Ex. MET-NYC-003; Ex. SEC-18-022; Ex. NY-039); the estate matters were heard in courthouses closed or placed under face-covering orders (Ex. WA-090; Ex. TX-040; Ex. VA-041; Ex. MD-090; Ex. HI-068); and in the third quarter of 2021 the chapel was an indoor public place under the face-covering orders of seven States, the District and the metros, airborne-transmission controls that bound every mourner and the funeral director who admitted them, and under Hawaii's gathering caps of ten and twenty-five (Ex. HI-025; Ex. MET-HNL-037; Ex. SEC-18-042; Ex. MET-MSY-027; Ex. MET-BOS-013; Louisiana's Proclamation 137 JBE 2021).189

The operation of FH was partially suspended in all six quarters because of the gathering caps and bans that fixed the viewing, the service and the committal, the emergency death-care orders, the visitation and health-care-worker orders that governed the removal, the closure orders on the repast, the court orders on the estate matters and the face-covering and gathering orders of the third quarter of 2021.

PS: pet grooming, daycare and boarding

The instruments and the modification

Absent from every version of the federal list (Ex. FED-394; Ex. SEC-18-002; Ex. SEC-18-001), grooming closed with non-essential retail in every stay-home State in the second quarter of 2020 and reopened on its own track: Oklahoma April 24 by appointment (Ex. OK-021; Ex. OK-022), Kentucky May 11 under requirements a shop "must meet ... in order to reopen and remain open" (Ex. SEC-18-040), Massachusetts May 25 (Ex. SEC-16-076), the Michigan trades under the State's guidelines (Ex. SEC-18-014); New Mexico closed animal grooming again in its November 2020 reset (Ex. NM-040); boarding followed the travel orders and quarantines on every day of the period (Ex. FED-207; Ex. FED-232; Ex. MET-CHI-019; Ex. MET-SFO-007; Ex. MET-HNL-078; Ex. PA-021; Ex. MD-023; Hawaii's Twenty-First Proclamation); the grooming lobby was an indoor public place under the face-covering orders of every quarter, workplace infection-prevention and exposure-control requirements that arrived with the curbside hand-off and appointment rules, and the reinstated orders of the third quarter of 2021 (Ex. MET-CMH-015; Ex. MET-CMH-050; Ex. MET-CHI-041; Ex. MET-DEN-033); and the veterinary telemedicine waivers of California ran alongside to October 31, 2021 (Ex. AGY-ST-HEALTH-BOARDS-040; Ex. AGY-ST-HEALTH-BOARDS-042).190

The operation of PS was partially suspended in all six quarters because of the closure orders on non-essential retail, the reopening requirements, New Mexico's reset, the travel and quarantine orders on its boarding customers and the exposure-control and face-covering orders on its premises.

RP: in-home and shop repair

The instruments and the modification

The federal list named household repair as essential (Ex. SEC-18-002), and the stay-home orders of Michigan, New York, New Jersey and California nonetheless barred technicians from homes for non-emergency work until May and June 2020 (Michigan's Executive Order 2020-42, § 9; Ex. NY-002; Ex. SEC-18-008; California's Executive Order N-33-20); Michigan's in-home services guidelines (June 9, 2020) and Detroit's order of October 9, 2020 wrote household screening and face-covering duties into binding instruments (Ex. SEC-18-015; Ex. MET-DET-001); shop repair closed with non-essential retail and reopened under the retail caps and curbside rules (Ex. MET-DFW-015; Ex. MET-DFW-016; Ex. MET-SFO-016; Ex. MET-SAN-007); the technician entered homes under the household quarantine and isolation orders of every quarter (Ex. MET-SAN-023; Ex. MET-SAN-024; Ex. MET-LA-021; Ex. MET-LA-022; Ex. RI-036; Ex. RI-059); and the shop was an indoor public place under the face-covering orders of the third quarter of 2021, airborne-transmission controls enforced against the premises (Ex. OR-048; Ex. WA-078; Ex. MET-CHI-026; Ex. MET-KC-002), with the workplace standards of California, Virginia and Oregon on every employer (Ex. SEC-10-043; Ex. SEC-12-066).191

The operation of RP was partially suspended in all six quarters because of the stay-home orders that barred non-emergency entry into homes, the closure and capacity orders on the shop, the household screening and quarantine orders and the face-covering orders and workplace standards on the premises.

RT: retail products

The instruments and the modification

The desk and counter sale closed with the sales floor between March 19 and April 3, 2020 (Ex. SEC-18-033; Ex. MET-DFW-005; Ex. MET-SFO-001), reopened by curbside and pickup only in April and May (Ex. MET-DFW-015; Ex. MET-DFW-016; Ex. MET-SFO-016; Ex. MET-SAN-007), then at the retail caps of each State (Ex. MET-DFW-017; Ex. MET-CHI-007; Ex. MET-CHI-013) and the winter caps of twenty to twenty-five percent (Ex. MET-LA-012; Ex. MET-CHI-053; Ex. MET-DCM-011; Ex. MET-STL-074), and in the third quarter of 2021 under the retail face-covering rules named in the orders, airborne-transmission controls that the retailer was bound to enforce at the door (Ex. MET-CHI-041; Ex. MET-BAL-017; Ex. MET-SEA-002; Ex. MET-SFO-049).192

The operation of RT was partially suspended in all six quarters because of the closure, curbside, capacity and face-covering orders on the retail floor.

HR: hiring, licensing, examinations and schools

The instruments and the modification

The cosmetology and barber schools closed with the schools in March 2020 (Ex. AR-037 (schools named); Ex. SEC-18-032); the licensing boards closed their offices, suspended examinations and extended license terms by emergency order in Texas, where the Department of Licensing and Regulation's COVID-19 page recorded the Governor's suspensions of licensing deadlines and the closure of its offices under the disaster proclamation (Ex. AGY-ST-TRADE-BOARDS-009, the Department's announcement implementing the Governor's orders, cited as context; the orders are Ex. TX-003 and Ex. SEC-18-033), Florida (Ex. AGY-ST-TRADE-BOARDS-002), Virginia (Ex. AGY-ST-TRADE-BOARDS-021; Ex. AGY-ST-TRADE-BOARDS-024; Ex. AGY-ST-TRADE-BOARDS-025), Illinois (Ex. AGY-ST-TRADE-BOARDS-053), Pennsylvania (Ex. PA-094; Ex. PA-095; Act 21 and Act 73 of 2021) and California, whose Division 3 waivers ran in an unbroken chain from April 2020 to September 28, 2021 (Ex. AGY-ST-TRADE-BOARDS-047; Ex. AGY-ST-TRADE-BOARDS-045; Ex. AGY-ST-TRADE-BOARDS-048; Ex. AGY-ST-TRADE-BOARDS-049; Ex. AGY-ST-TRADE-BOARDS-050; Ex. AGY-ST-TRADE-BOARDS-051; Ex. AGY-ST-TRADE-BOARDS-052); Puerto Rico's OE-2021-064 conditioned every salon worker's employment on vaccination or weekly testing from August 30, 2021 (Ex. AGY-TERRITORIES-035); and the health-care-worker orders of the third quarter of 2021 fixed who could be hired to serve a facility's residents (Ex. NY-071; Ex. CA-030; Ex. OR-051; Ex. WA-077).193

The operation of HR was partially suspended in all six quarters because of the school closures, the board closures and examination suspensions, the license-term and waiver orders and, in the third quarter of 2021, the vaccination-or-testing conditions on the workforce.

OP: office, booking and administrative operations

The instruments and the modification

Booking, payroll, pre-need and administrative work were ordered remote where a State ordered telework: Oregon ("Work in offices is prohibited whenever telework and work-at-home options are available") (Ex. OR-007; Ex. OR-017), Kentucky (office staff "must continue to telework") (Ex. SEC-18-039; Ex. KY-071), Illinois ("[a]ll employees who can work from home should continue to do so") (Ex. SEC-18-018; Ex. SEC-18-019), Minnesota (Ex. MN-024), Pennsylvania ("[u]nless impossible, all businesses must conduct their operations remotely") (Ex. PA-022; Ex. PA-023; Ex. PA-033), Michigan's MIOSHA rules ("prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely") (Ex. SEC-12-059; Ex. MET-DET-032), Philadelphia (Ex. MET-PHL-010; Ex. MET-PHL-011; Ex. MET-PHL-012), Cook County (Ex. MET-CHI-034) and DeKalb County (Ex. MET-ATL-022); and in every State the office carried the screening, distancing and face-covering duties of the reopening orders and, in many States, their record-keeping duties (Ex. MET-CHI-013; Ex. MET-CHI-018; Ex. MET-DET-029; Ex. MET-DET-031; Ex. MET-HOU-016; Ex. MET-DFW-023) and the workplace standards (Ex. SEC-10-043; Ex. SEC-09-048; Ex. SEC-12-066), and in the third quarter of 2021 the National Emphasis Program's inspection authority and Illinois' employer duty (Ex. SEC-18-003; Executive Order 2021-22).194

The operation of OP was partially suspended in all six quarters because of the telework mandates, the screening, distancing and face-covering duties of the reopening orders and the workplace standards.

WF: workforce availability

The instruments and the modification

The industry's workforce lost its schools and child care in March 2020 (Ex. WA-075 (reciting the 2020 closures); Ex. MET-NYC-049; Ex. MET-CLT-018), carried the federal leave mandate from April 1 to December 31, 2020 (Ex. FED-170; Ex. FED-171; Ex. FED-172), was quarantined by standing order when exposed in every quarter (Ex. RI-036; Ex. RI-059; Ex. RI-060; Ex. RI-066; Ex. MET-SAN-023; Ex. MET-SAN-024; Ex. MET-LA-021; Ex. MET-LA-022; Ex. MET-SEA-004; Ex. AR-073; Ex. MET-DET-029; Ex. MET-DET-031; Indiana's control measures under 410 IAC 1; Kansas's quarantine mandate), rode under the transit agencies' face-covering rules from May 2020 and the federal conveyance order from February 1, 2021 (Ex. MET-SEA-022; Ex. MET-STL-041; Ex. MET-MSP-061; Ex. FED-020; Ex. FED-050; Ex. FED-051; Ex. FED-052), and in the 2021-22 school year sent its children to schools under face-covering and quarantine orders in most States and the largest metros (Ex. NJ-055; Ex. SEC-18-042; Ex. WA-075; Ex. CA-034; Ex. LA-054; Ex. KY-052; Ex. OR-045; Ex. RI-055; Ex. MA-071; Ex. PA-042; Ex. DE-044; Ex. MET-DET-013; Ex. MET-DET-015; Ex. MET-HOU-038; Ex. MET-DEN-024; Ex. MET-DEN-032; Ex. MET-DEN-082; Ex. MET-DEN-102).195

The operation of WF was partially suspended in all six quarters because of the school and child-care closures and orders, the leave mandate, the quarantine and isolation orders and the conveyance orders on the commute.

CB: the customer base

The instruments and the modification

The customer was ordered to stay home in forty-two States and territories (Ex. LAW-201; Ex. MET-SFO-001; Ex. MET-LA-003; Ex. SEC-18-032; Ex. MET-DFW-005; Ex. MET-HOU-005; Michigan's Executive Order 2020-42; Maryland's Order No. 20-03-30-01), directed to "avoid ... visiting ... cosmetology salons" (Ex. SEC-18-033), placed under a face-covering requirement in the chair, one of the airborne-transmission controls the States imposed on every indoor public place, by the orders of thirty-nine States and the District at the peak (Ex. LAW-234; Ex. WA-037; Ex. MA-016; Texas's Executive Order GA-29; Maryland's Order No. 20-04-15-01) and again in the third quarter of 2021 (Ex. NV-041; Ex. OR-048; Ex. WA-078; Ex. SEC-18-042; Ex. DC-057; Louisiana's Proclamation 137 JBE 2021; New Mexico's order of August 17, 2021), quarantined when exposed (Ex. RI-059; Ex. MET-SAN-024), confined at the border and the airport (Ex. FED-207; Ex. FED-208; Ex. FED-233; Ex. FED-256; Ex. FED-042; Hawaii's Twenty-First Proclamation and Emergency Proclamation of August 5, 2021), capped as a wedding party and a funeral party (Ex. SEC-18-034; Ex. HI-025), and, as a hotel, restaurant, office or school, closed and re-closed by order (Ex. MET-NYC-003; Ex. IL-004; Ex. SEC-18-022; Ex. SEC-18-024; Ex. NY-039; Ex. MN-032).196

The operation of CB was partially suspended in all six quarters because of the stay-home, face-covering, quarantine, travel, gathering and closure orders addressed to the industry's customers, each an order limiting commerce, travel or group meetings within the statute's words.

  1. See the fifty States and the largest metros in the layers section and the second quarter of 2020 in the quarters section; the exhibits are cited in the text. ↩
  2. See the third quarter of 2020 in the quarters section; Ex. SEC-18-022; Ex. MET-NYC-025; Ex. MET-CHI-014; the thirty-four States are those whose face-covering orders are cited in the third quarter of 2020 in the quarters section. ↩
  3. See the fourth quarter of 2020 in the quarters section. ↩
  4. See the first quarter of 2021 in the quarters section. ↩
  5. See the second quarter of 2021 in the quarters section. ↩
  6. See the third quarter of 2021 in the quarters section, subparts B-6 through B-11. ↩
  7. Ex. SEC-18-002; Ex. SEC-18-001; Ex. FED-080; Ex. SEC-18-004 (healthcare laundry services performed in healthcare settings covered); Ex. FED-074; Ex. ECO-A-071; Ex. NJ-004; Ex. SEC-10-043; Ex. SEC-09-048; Ex. SEC-12-066; see the counterparties in the layers section. ↩
  8. Ex. SEC-18-034, § 13.h-i; Ex. NY-005; Ex. SEC-18-041; Ex. OR-033; Ex. OR-035; Ex. DE-033; Ex. LA-006; Ex. AGY-ST-HEALTH-SUBORDERS-029; Ex. PA-095; Ex. FED-156; Ex. HI-025; see the sector regulators and the counterparties in the layers section. ↩
  9. Ex. SEC-18-040 ("must meet the requirements below in order to reopen and remain open"); Ex. OK-021; Ex. NM-040; Ex. SEC-18-002; Ex. SEC-18-001; Governor of Massachusetts, COVID-19 Order No. 33 (May 18, 2020) (Ex. SEC-16-076) (pet grooming from May 25, 2020); Ex. SEC-18-014; Ex. MET-HNL-078. ↩
  10. Governor of Michigan, Executive Order 2020-42, § 9 (Apr. 9, 2020); Ex. MET-DET-001, at 12; Ex. SEC-18-015; Ex. NY-002; Ex. SEC-10-043; Ex. SEC-12-066; see the fifty States in the layers section. ↩
  11. Ex. MET-DFW-016 ("Customers may not enter the premises"); Ex. MET-SFO-016; Ex. MET-CHI-007; Ex. MET-LA-012. ↩
  12. Ex. AR-037; Ex. AGY-ST-TRADE-BOARDS-009; Ex. AGY-ST-TRADE-BOARDS-002; Ex. AGY-ST-TRADE-BOARDS-024; Ex. AGY-ST-TRADE-BOARDS-053; Ex. PA-094; Ex. PA-095; Ex. AGY-ST-TRADE-BOARDS-052; Ex. AGY-TERRITORIES-035; see the sector regulators in the layers section. ↩
  13. Ex. OR-007 ("Work in offices is prohibited whenever telework and work-at-home options are available"); Ex. SEC-18-039; Ex. SEC-18-018; Ex. PA-022 ("Unless impossible, all businesses must conduct their operations remotely, through individual teleworking of their employees"); Ex. MET-DET-032 (incorporating the MIOSHA rule); Ex. MET-PHL-011 ("Reduced efficiency experienced by conducting business operations offsite does not constitute impossibility"); Ex. MET-CHI-034 ("facilitate remote work from home, when possible"); Ex. MET-ATL-022; Ex. SEC-12-059; Ex. SEC-10-043; Ex. SEC-09-048; Ex. SEC-12-066. ↩
  14. Ex. FED-170; Ex. FED-020; Ex. RI-059; Ex. MET-SAN-024; Ex. NJ-055; see the counterparties in the layers section. ↩
  15. Ex. SEC-18-033; Ex. LAW-201; Ex. LAW-234; Notice 2021-20, Q&A-10, at 928; see the ecosystem section. ↩