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The COVID Project

The governmental orders by layer

The orders that reached the rental and leasing industry came from every layer of government: the President, the Centers for Disease Control and Prevention, the Transportation Security Administration and the Department of Homeland Security at the federal level; every governor and State health officer; the county judges, mayors and health officers of every large metropolitan area; the motor-vehicle agencies, airport authorities, occupational-safety agencies and convention authorities that regulate the industry's transactions and premises; and the authorities that ordered the industry's customers, suppliers, venues and workforce. This section inventories them by layer, with the exhibit identifiers by which the Library (this site's Orders Library) holds them, so that the quarters and functions sections can apply them by quarter and by function. The statutory test they are measured against, section 2301(c)(2)(A)(ii)(I) of the CARES Act, re-enacted as section 3134(c)(2)(A)(ii)(I) of the Internal Revenue Code (the "Suspension Clause"), is read element by element on the statute page.

The universe

The governmental response to COVID-19 was the densest body of governmental commands on commerce, travel and assembly in the nation's history, and every count of it is a floor. By May 31, 2020, according to the Centers for Disease Control and Prevention, forty-two States and territories had issued mandatory stay-at-home orders reaching 2,355 of the nation's 3,233 counties, and "most jurisdictions issued multiple orders."15 The Council of State Governments counted 2,065 executive orders issued by governors and State agencies between February 2020 and June 29, 2020 alone, before four of the six claimable quarters had begun.16 The Department of Health and Human Services' own dataset records 4,218 State and county policy-order entries between March 23, 2020 and August 31, 2021, and its curators stopped coding in the spring of 2021.17 The COVID AMP database catalogued nearly 50,000 policy measures worldwide, including more than 20,000 at the United States national and State level, ninety-five percent of them issued before November 23, 2021, and approximately 8,000 issued by United States counties.18 The Kaiser Family Foundation's State-by-State files record that on July 2, 2021 thirty-five jurisdictions kept emergency declarations in force and that on September 21, 2021 twenty-five did, with statewide face-covering requirements in eleven.19 The Library indexes the instruments The COVID Project has retrieved and graded; that count is a count of what this site has indexed, and it is not, and is not offered as, a count of the orders that reached any employer or of the orders issued nationally, which the sources above place in the tens of thousands.

The federal government's own attribution

The Bureau of Economic Analysis attributed the largest quarterly decline in gross domestic product on record to "'stay-at-home' orders issued in March and April"; the Government Accountability Office wrote that "millions have lost their jobs due to stay-at-home orders and business closures"; the Federal Reserve wrote in May 2020 that "mandated closures of retail establishments remained largely in place" and in December 2020 that "mandated restrictions (recent and prospective)" weighed on activity; the Bureau of Labor Statistics found that nineteen percent of establishments, 1.6 million, "experienced a government-mandated closure" in 2020; the Transportation Security Administration's checkpoint throughput fell from 2,353,150 on March 1, 2020 to 113,147 on April 14, 2020, a decline of 95.2 percent, and the Bureau of Transportation Statistics recorded 557 million fewer airline passengers in 2020 than in 2019.20 The position that few orders existed is not a close call on a contested record; it cannot be squared with the federal government's own datasets.

The federal layer

The run-up (January 31 to March 31, 2020), counted toward the second quarter of 2020

The President suspended the entry of persons who had been in China effective February 2, 2020, in Iran effective March 2, in the Schengen Area effective March 13 and in the United Kingdom and Ireland effective March 16, 2020, under 8 U.S.C. § 1182(f).21 The Secretary of Homeland Security limited land-border travel with Canada and Mexico to "essential travel" from 11:59 p.m. on March 20, 2020, defining non-essential travel by example as "sightseeing, recreation, gambling, or attending cultural events," and renewed the limitation monthly for nineteen months.22 The State Department cancelled every routine visa appointment in the world as of March 20, 2020.23 The Cybersecurity and Infrastructure Security Agency published on March 19, 2020 the first version of its advisory list of essential critical infrastructure workers, which named no rental function, and on March 28, 2020 the second, which named "vehicle rental services" and "the manufacturing, distribution, sales, rental, leasing, repair, and maintenance of vehicles"; the list was "advisory in nature" by its own words, and it acquired force only where a State incorporated it into an order, as Texas, Florida, Georgia and some thirty other States did, while Michigan incorporated the first version alone.24 The Families First Coronavirus Response Act of March 18, 2020 made paid leave mandatory from April 1, 2020 for every employer under 500 employees whose employee was "subject to a Federal, State, or local quarantine or isolation order" or whose child's school or place of care "has been closed," and the Department of Labor's rule defined a quarantine or isolation order to include a stay-at-home order.25

The second quarter of 2020

Every federal layer was at its maximum. The paid-leave mandate became operational April 1, 2020 and ran through December 31, 2020.26 The President suspended the entry of most new immigrants from April 23, 2020, added Brazil to the entry suspensions effective May 26, 2020 and suspended the entry of H-1B, H-2B, L and J workers from June 24, 2020.27 The Department of Homeland Security renewed the land-border limitation on April 22 and May 22, 2020.28 The President delegated Defense Production Act priority and allocation authority over health and medical resources on March 18, 2020 and made meat and poultry processing a priority on April 28, 2020, and the Department of Health and Human Services designated fifteen categories of respirators, masks, gloves, gowns, ventilators and disinfectants as "scarce materials" whose accumulation above reasonable demand became a federal crime.29 The Office of Management and Budget moved the executive branch to maximum telework on March 17, 2020 and kept it there under M-20-23 of April 20, 2020 through June 10, 2021, so that every federal customer of the industry's equipment and event lines operated remotely.30 The Department of Transportation's order of April 7, 2020 fixed the minimum scheduled air service every carrier taking payroll support was required to maintain through September 30, 2020, which fixed the network of flights on which the industry's airport counters depend.31 The Federal Reserve's Beige Book of April 15, 2020 recorded that "[s]ome other manufacturing industries, such as autos, mostly shut down" and that Districts "reported widespread mandatory closures."32

The third and fourth quarters of 2020

The entry proclamations continued; the Department of Homeland Security renewed the land-border limitation on July 22, August 21, September 23, October 22, November 23 and December 22, 2020.33 The Centers for Disease Control and Prevention ordered on September 1, 2020, effective September 4, that a landlord "shall not evict any covered person from any residential property," on pain of criminal fines, and Congress extended the order to January 31, 2021.34 The paid-leave mandate expired December 31, 2020.35 Congress appropriated, on December 27, 2020, "[n]ot less than $200,000,000" for relief from rent and minimum annual guarantees "to on-airport car rental, on-airport parking, and in-terminal airport concessions," relief Congress does not appropriate for rent a tenant can pay, enacted while the entry proclamations, the land-border notices and the traveler quarantines of fifteen jurisdictions were in force.36

The first quarter of 2021

The new Administration continued every restriction and added the transport layer. Proclamation 10143 of January 25, 2021 continued the Schengen, British, Irish and Brazilian entry suspensions without interruption and added South Africa: "The entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within the Schengen Area, the United Kingdom ..., the Republic of Ireland, and the Federative Republic of Brazil during the 14-day period preceding their entry or attempted entry into the United States, is hereby suspended."37 Executive Order 13991 of January 20, 2021 required face coverings and distancing of every person in federal buildings and on federal lands, and Executive Order 13998 of January 21, 2021 directed face coverings "in or on: (i) airports; (ii) commercial aircraft; (iii) trains; (iv) public maritime vessels, including ferries; (v) intercity bus services; and (vi) all forms of public transportation."38 The Centers for Disease Control and Prevention's inbound-testing order took effect January 26, 2021: "This Order prohibits the introduction into the United States of any aircraft passenger departing from any foreign country unless the passenger" has a negative test or documentation of recovery.39 The conveyance and transportation-hub order, an airborne-transmission control on every conveyance and every airport, signed January 29, 2021, took effect at 11:59 p.m. on February 1, 2021 "until further notice," and the Transportation Security Administration's directives of January 31, 2021 required every airport operator, airline, transit agency and bus company to give notice that "Federal law requires wearing a mask," to refuse boarding and to remove violators.40 The Department of Homeland Security renewed the land-border limitation on January 19, February 23 and March 19, 2021.41 The Department of Transportation's order of January 15, 2021 fixed minimum air service through March 31, 2021.42 The Occupational Safety and Health Administration launched its National Emphasis Program on March 12, 2021.43 On March 11, 2021 Congress re-enacted the Suspension Clause for the third and fourth quarters of 2021 and appropriated up to $800,000,000 for relief from airport rent and minimum annual guarantees in the same Act, and the Federal Aviation Administration announced the first allocations of that relief on February 19, 2021.44

The second quarter of 2021

The United States was adding countries to the entry suspensions, not lifting them: Proclamation 10199 suspended entry from India effective May 4, 2021.45 The Department of Homeland Security renewed the land-border limitation on April 22, May 24 and June 23, 2021.46 The Transportation Security Oversight Board ratified the aviation face-covering directives on April 20, 2021, and the Transportation Security Administration extended the surface directive through September 13, 2021 by Security Directive 1582/84-21-01A, effective May 12, 2021 and applied "including those already vaccinated."47 The Department of Transportation's order of April 29, 2021 required every carrier taking payroll support to maintain minimum scheduled service through September 30, 2021, binding from May 14, 2021.48 The Occupational Safety and Health Administration's COVID-19 Healthcare Emergency Temporary Standard took effect June 21, 2021, applying "to all settings where any employee provides healthcare services or healthcare support services," which governed every hospital and home-health agency to which the industry rents home health equipment and every hospital dock to which it delivers.49 The White House's supply-chain review of June 8, 2021 found that the pandemic "created a global semiconductor chip shortage impacting automotive, industrial, and" other sectors and that vehicle plants lost production "due to a six-week industry shutdown."50 The Federal Aviation Administration published its rent-relief information collection on June 11, 2021 and announced the Airport Rescue Grant allocations on June 22, 2021.51

The third quarter of 2021

The federal layer tightened. In force on July 1, 2021 were the conveyance order, with its airborne-transmission control on every airport and shuttle, and Security Directive 1582/84-21-01A with the ratified aviation successors; the inbound-testing order; Proclamations 9984, 9992, 10143 and 10199; the land-border limitation under the June 23 notices, in effect until 11:59 p.m. on July 21, 2021; the Title 42 order; the CDC eviction moratorium to July 31; the Healthcare ETS with compliance dates of July 6 and July 21; Executive Order 13991 and the Office of Management and Budget's reentry memorandum of June 10, 2021, which superseded the twenty-five percent occupancy limit of January 24, 2021 and carried the face-covering, distancing and visitor rules into agency reentry plans due July 19, 2021; the Department of Transportation's minimum-service order to September 30; and the Defense Production Act delegations.52 Inside the quarter: the Occupational Safety and Health Administration revised its National Emphasis Program on July 7, 2021; the Department of Homeland Security renewed the land-border limitation on July 22, August 23 and September 22, 2021; the Safer Federal Workforce Task Force reinstated face coverings in every federal building for all persons regardless of vaccination status in areas of substantial or high transmission on July 27-29, 2021, required that "employees and onsite contractors must sign an attestation confirming their vaccination status," that "[v]isitors must provide information on their vaccination status" and that any federally hosted "in-person meeting, conference, or event that will be attended by more than 50 participants" first obtain agency-head approval, and issued the Certification of Vaccination form in August; the Centers for Disease Control and Prevention replaced the Title 42 order without interruption on August 2, 2021 and ordered a new eviction moratorium for counties of substantial or high transmission from August 3 until it was vacated on August 26, 2021; the Transportation Security Administration issued Security Directive 1582/84-21-01B on August 20, 2021, effective September 14, 2021 through January 18, 2022; the President signed Executive Orders 14042 and 14043 on September 9, 2021, reciting that the public health emergency and the national emergency remained in effect; and the Office of Management and Budget published its determination on September 28, 2021 that contractor compliance "will improve economy and efficiency by reducing absenteeism and decreasing labor costs for contractors and subcontractors."53 On September 30, 2021 every one of those instruments other than the eviction orders that expired July 31 and August 26, the Title 42 text replaced August 2 and the surface directive replaced September 14 remained in force, and the Department of Transportation's minimum-service order expired at the end of that day.54 The revocation of the entry proclamations and the opening of the land borders to vaccinated travelers came only on November 8, 2021.55 A Government that was tightening its own workplace rules, renewing its border prohibitions, replacing its Title 42 order and extending its eviction moratoria in July, August and September 2021 cannot maintain that no orders limiting commerce, travel or group meetings were in effect in that quarter; the position cannot be squared with the Federal Register.

The fifty States

Every State and the District of Columbia issued orders that reached this industry's functions in the second quarter of 2020, and in every one of the fifty-one jurisdictions orders reaching those functions were in force on every day of the third quarter of 2021: the federal conveyance, entry, land-border and minimum-service orders in all of them, and the State, local, school, quarantine and sector instruments the fifty-State table on this page lists jurisdiction by jurisdiction. The regime differed by State in four dimensions that matter to this industry, and the table tabulates all fifty-one jurisdictions across them: whether construction was shut down or only conditioned (EQ); when gatherings were prohibited or capped and when the caps ended (PR); when non-essential retail closed, went curbside and reopened at what percentage (CN, YD); and whether the State confined travel and quarantined arrivals (CR). The narrative below states the patterns by region, the lead instruments, the winter re-tightening, the dates general restrictions ended and the preemption States; each State's own page carries its full chronology.

The Northeast: the construction shutdowns and the longest regimes

The Northeast is where the equipment renter's customers were ordered off the job. New York's Executive Order 202.13 (March 29, 2020) narrowed the construction exemption "as of March 28, 2020" to projects Empire State Development had determined essential and subjected every other project to the 100 percent in-person workforce reduction of Executive Order 202.8 until the Phase One restart of May 15, 2020, which came only under the mandatory Interim Guidance for Construction (six-foot distancing, face coverings, fifty percent vehicle occupancy, screening) that ran to June 25, 2021.56 New Jersey's Executive Order 122 ceased "all non-essential construction projects" at 8:00 p.m. on April 10, 2020, confined essential construction to visitor bans, ten-person meeting caps, staggered shifts, face coverings and gloves, and released the rest at 6:00 a.m. on May 18, 2020 under Executive Order 142's mandatory protocols; Executive Order 192 placed every job site under its worksite standards from November 5, 2020, and those standards ran for unvaccinated and unverified employees through the third quarter of 2021 under Executive Orders 242 and 243.57 Pennsylvania's list of March 19, 2020 marked residential, heavy and civil and specialty trade construction "No" while marking all four NAICS 532 groups "Yes," so that the rental yard could open in a Commonwealth in which "most construction projects" were ordered to cease until the May 1, 2020 restart under the mandatory construction guidance; the Worker Safety Order of April 15, 2020 and the mitigation orders' workplace rules ran to May 31, 2021.58 Vermont's Addendum 6 suspended non-critical construction at 5:00 p.m. on March 25, 2020 and Addenda 10, 11 and 12 let it back in crews of two (April 20), five (April 27) and ten (May 4), with full operations only from May 11, 2020 under training, screening and health-officer requirements.59 Boston halted construction on March 16, 2020, required a compliance affidavit of every operating site from April 27 and restarted in phases from May 5 to May 26, 2020, while the Commonwealth called construction essential.60 For the event renter the region's gathering bans were total and long: New York cancelled gatherings "of any size for any reason" on March 23, 2020, capped them at ten from May 22, cancelled them again in cluster zones from October 2020 with a $15,000-a-day penalty for organizers, capped residential gatherings at ten on November 13, 2020, and ended its limits only on June 15, 2021; New Jersey cancelled all gatherings on March 21, 2020, cut indoor gatherings to ten on November 17, 2020 and removed its indoor limits on June 4, 2021; Pennsylvania prohibited gatherings under its stay-at-home orders from March 23, 2020, capped them at twenty-five (yellow) and 250 (green), cut indoor events to ten percent of occupancy on November 27 and to ten persons from December 12, 2020 to January 4, 2021, and ended its limits on May 31, 2021; Massachusetts ran caps of ten (March 24, 2020), twenty-five and fifty, ten and twenty-five again from December 26, 2020, and ended them May 29, 2021; Connecticut prohibited social and recreational gatherings of six or more people from March 26, 2020 (Executive Order No. 7N) and repealed its caps on May 20, 2021; Rhode Island capped gatherings at five on March 28, 2020, confined them to a single household in the winter and lifted its caps on May 21, 2021; Vermont suspended all multi-household social gatherings on November 14, 2020 and lifted its limits on June 14, 2021; Maine prohibited gatherings over ten, "faith-based events" named, on March 18, 2020 and lifted its caps on May 24, 2021; New Hampshire prohibited gatherings over ten from March 23 to June 16, 2020 and required face coverings, an airborne-transmission control placed on the gathering itself, at scheduled gatherings of 100 or more from August 11, 2020 to April 16, 2021.61 For the showroom and the counter the region closed non-essential retail to the public from March 22 (New York, by 100 percent workforce reduction), March 21 (New Jersey), March 19 and 23 (Pennsylvania), March 24 (Massachusetts), March 23 (Connecticut), March 25 (Maine and Vermont), March 27 (New Hampshire) and March 30, 2020 (Rhode Island), reopened it in May and June 2020 at fifty percent or by square footage, cut it again in the winter (Massachusetts to twenty-five percent on December 26, 2020; Pennsylvania to fifty percent from December 12), and removed the caps between April 16 and June 15, 2021.62 For the vehicle renter the region ran the tri-State traveler quarantine from June 25, 2020 (New York's Executive Order 205, with a civil penalty up to $10,000; Connecticut's Executive Order 7III made it mandatory July 24, 2020 with a $1,000 penalty), Massachusetts's Order No. 45 from August 1, 2020 to March 22, 2021 (every arrival "by any means or mode must quarantine for 14 days" absent a negative test, at $500 a day), Rhode Island's quarantine on every non-work arrival from March 28 to September 2020 and on hot-spot and international arrivals to July 6, 2021, Vermont's from March 30, 2020 to June 14, 2021, Maine's from April 3, 2020 to May 1, 2021 (Executive Order 57 expiring June 30, 2021), Pennsylvania's test-or-quarantine from November 20, 2020 to March 1, 2021 and New Hampshire's mandate from November 15, 2020 to May 7, 2021.63 The motor-vehicle offices closed in every State of the region in March 2020: New York cancelled every DMV appointment at 8:00 p.m. on March 20, 2020 and kept county offices appointment-only until May 17, 2021; New Jersey's agencies, road-testing and inspection facilities closed to the public from March 16 to July 7, 2020; Pennsylvania's driver license and photo centers closed from March 16, 2020; Connecticut's Executive Order 7C extended every credential and registration deadline ninety days; Vermont suspended in-person DMV transactions by Gubernatorial Directive 3 of March 18, 2020; Rhode Island issued seven expiration-extension orders between March 17 and August 2020.64

The South: essential yards, conditioned sites, closed showrooms and the preemption States

No Southern State closed construction, and every one conditioned it. Delaware's Fourth Modification named construction workers essential subject to six feet "at all times," exclusion of workers over sixty, sick or quarantined, no visitors, "Teleworking must be maximized" and an "immediate closure" sanction, and it closed every non-essential retail location on March 24, 2020 with a proviso permitting closed businesses only "to complete any sales or rentals in progress prior to this Modification."65 Maryland's Governor delegated to county health officers the power to close any construction site as an "Unsafe Facility" from April 5, 2020 to May 15, 2021, closed non-essential retail to the public at 5:00 p.m. on March 23, 2020, confined all travel to essential activities and work from March 30 to May 15, 2020 under its stay-at-home order, prohibited convention events "until further notice" on June 12, 2020, and lifted its caps on March 12, 2021.66 Virginia's Executive Order 55 confined residents to enumerated purposes from March 30 to June 10, 2020, its Executive Order 53 limited all non-essential retail to ten patrons ("If any such business cannot adhere to the 10 patron limit with proper social distancing requirements, it must close"), its Department of Labor and Industry's emergency temporary standard of July 27, 2020 and permanent standard of January 27, 2021 bound every employer in the Commonwealth through the third quarter of 2021, and its gathering caps ran from March 24, 2020 ("including parties, celebrations, religious, or other social events") to May 28, 2021.67 Kentucky closed non-life-sustaining retail at 8:00 p.m. on March 23, 2020 by NAICS list (showrooms, clothing, furniture, sporting goods, florists and jewelry named), prohibited all mass gatherings on March 19, 2020, instructed residents "not to travel into any other state" on March 30, 2020 with a fourteen-day quarantine on return, and rescinded its orders on June 11, 2021.68 Louisiana reduced all non-CISA retail to minimum public contact on March 23, 2020, ran gathering caps of 250, 50 and 10 from March 13 to 23, 2020 and a chain of caps to May 26, 2021, and from August 4 to October 27, 2021 reimposed statewide an indoor face-covering requirement in every business and workplace open to the public, one of the exposure-control conditions the State placed on the business itself, enforced by citations to businesses that fail to enforce it.69 The District of Columbia closed non-essential retail at 10:00 p.m. on March 25, 2020, prohibited gatherings over ten from March 25 to June 21, 2020, quarantined arrivals from July 27, 2020 to May 21, 2021, kept its DMV service centers appointment-only from June 23, 2020 to July 19-20, 2021, and reimposed universal indoor face coverings on July 31, 2021, an airborne-transmission control on every indoor business in the District.70 Texas closed non-essential in-store retail on April 2, 2020 by incorporating the CISA list, reopened it at twenty-five percent on May 1, capped outdoor gatherings by mayoral or county-judge approval until March 10, 2021, quarantined air travelers from the tri-State area, New Orleans, California, Washington and elsewhere and road travelers from Louisiana with Department of Public Safety checkpoints from March 28 to May 21, 2020, waived vehicle title and registration requirements from March 16, 2020 to April 14, 2021 because its county tax offices were closed or by appointment, and preempted local orders from April 2, 2020.71 Florida closed non-essential retail in Miami-Dade, Broward, Palm Beach and Monroe Counties on March 30, 2020 and statewide from April 3 to May 4, 2020, isolated arriving air travelers from the tri-State area and road travelers from Louisiana with Interstate checkpoints from March 23 to August 5, 2020, barred local orders preventing business operation on September 25, 2020, suspended remaining local orders on May 3, 2021, and barred vaccination-documentation conditions by statute from July 1, 2021.72 Georgia confined non-critical retail to minimum basic operations from April 3 to 30, 2020, required retail from May 1, 2020 to limit patrons to fifty percent of fire capacity, capped gatherings at ten within six feet from March 24, 2020 and at fifty from June 16, 2020 to April 7, 2021, banned vacation rentals from April 9 to 30, 2020 to keep the State from "becoming a vacation destination for out-of-state individuals," and on August 19, 2021 suspended inconsistent local orders and barred compelled business enforcement of local face-covering rules.73 South Carolina closed furniture, clothing, jewelry, department, sporting-goods and other stores at 5:00 p.m. on April 6, 2020, capped open retail at five customers per 1,000 square feet or twenty percent on April 7, quarantined every person entering from New York, New Jersey, Connecticut or New Orleans from March 27 to May 1, 2020, and banned lodging bookings from April 3 to May 1, 2020.74 Tennessee closed non-essential retail to the public from March 31 to April 28, 2020, prohibited gatherings of ten or more from March 23 to May 22, 2020, and extended driver licenses by Executive Order No. 15 of March 19, 2020; North Carolina permitted only essential retail from March 30 to May 8, 2020, prohibited gatherings over ten from March 30, 2020 with caps to May 14, 2021, and extended every motor-vehicle credential and dealer plate by statute; Mississippi closed non-essential retail from April 3 to 17, 2020 and confined travel to essential purposes to June 1, 2020; Oklahoma closed non-essential retail from March 25 and April 1 to April 24, 2020 and quarantined air arrivals from substantial-spread areas from March 29 to May 12, 2020; Arkansas quarantined arrivals from the tri-State area and New Orleans to June 15, 2020 and required face coverings of every customer, one of the exposure-control conditions the State placed on every open business, from July 20, 2020 to March 31, 2021; Alabama closed furniture, clothing and other stores on March 28, 2020, named "vehicle rental and taxi services" essential in its Stay at Home Order of April 3, 2020, and converted its rules to recommendations on April 9, 2021; West Virginia ceased non-essential retail at 8:00 p.m. on March 24, 2020, isolated arrivals "from areas with substantial community spread" from March 31 to May 21, 2020 with State Police monitoring, and terminated its caps on April 20, 2021.75 Six Southern States preempted local orders by clause (Arkansas, Florida, Georgia, South Carolina, Tennessee in eighty-nine counties, Texas), and each preemption clause is itself a gubernatorial order fixing what commerce in the localities could do; the 2021 legislative layer (Texas Senate Bill 968 and GA-38; Florida chapter 2021-8; South Carolina's provisos; Tennessee Public Chapter 550; Arkansas Act 1002) is a second set of governmental instruments regulating the same businesses.76

The Midwest: Michigan's shutdown, the Illinois model and the winter re-tightening

Michigan closed every construction site not serving critical infrastructure from March 24 to May 7, 2020, closed non-essential retail on March 24, 2020 and prohibited all gatherings outside a household from March 24 to June 1, 2020; its Executive Order 2020-42 adopted only the March 19, 2020 CISA list ("This order does not adopt any subsequent guidance document released by this same agency"), which named no rental function, so that a rental yard could operate only as a supplier "whose continued operation is necessary to enable, support, or facilitate another business's or operation's critical infrastructure work"; construction resumed May 7, 2020 under daily screening and site rules; MIOSHA's emergency rules of October 14, 2020 bound every workplace to June 22, 2021, and MIOSHA cited an equipment rental and sales business for violations of those rules.77 Illinois's Executive Order 2020-10 prohibited "[a]ll travel ... except Essential Travel and Essential Activities" and all gatherings outside a household from March 21, 2020, named "vehicle rental services" among the transportation businesses permitted for Essential Activities, closed non-essential retail except minimum basic operations to April 30, permitted telephone and online orders with pickup outside the store in May, reopened stores at fifty percent on May 29, 2020, prohibited indoor gatherings of more than one household and barred meeting venues from hosting gatherings of any size under Tier 3 from November 20, 2020, ended its limits on June 11, 2021, and on August 30, 2021 reimposed a universal indoor face-covering requirement framed as a workplace exposure-control duty on the employer ("[a]ll employers must ensure that employees wear face coverings in indoor workplaces"); Chicago's Emergency Travel Order quarantined arrivals from listed States from July 6, 2020 into 2021, and the Secretary of State's Driver Services facilities closed from March 17 to May 31, 2020 and again from November 17, 2020 to January 4, 2021.78 Ohio's Stay at Home Order of March 22, 2020 named "vehicle rental services" essential inside an order confining every Ohioan to essential travel, ceased non-essential retail on March 23, prohibited gatherings over ten through April 5, 2021, reopened retail May 12, 2020 under mandatory checklists, and from November 16, 2020 provided that no retailer "shall be open for business or operate unless in compliance" with the facial-covering order, with a twenty-four-hour closure on violation.79 Minnesota confined residents to their homes from March 27 to May 17, 2020, closed non-critical retail to the public with curbside from May 4, reopened at fifty percent of fire-marshal capacity on May 18 under a certified Preparedness Plan enforceable by $25,000 civil penalties, prohibited all social gatherings and receptions from November 20 to December 18, 2020, and lifted its caps on May 27, 2021; its driver-examination stations and license-agent offices closed until May 4, 2020 with "[n]o face-to-face transactions or driver services."80 Kansas confined every resident to home from March 30 to May 3, 2020 under the Kansas Essential Function Framework, closed non-framework retail to in-person operation, ended its statewide business restrictions on May 26, 2020, required from July 3, 2020 to March 31, 2021 that "all businesses or organizations in Kansas must require all employees, customers, visitors, members, or members of the public to wear a mask," and through its Department of Health and Environment quarantined travelers from listed States, countries and cruises and attendees of 500-person gatherings from March 2020 through November 2021.81 Indiana confined residents to essential travel and prohibited gatherings over ten from March 24, 2020, ceased non-essential retail except minimum basic operations and then permitted only online or call-in ordering with curbside pickup from April 7, 2020, closed its Bureau of Motor Vehicles branches on March 24, 2020, and from July 19, 2021 excluded every positive employee from employment and quarantined unvaccinated close contacts for fourteen days by health-department control measures given executive-order status August 1, 2021.82 Iowa closed furniture, clothing, jewelry and other stores at 10:00 p.m. on March 26, 2020 and malls and additional stores on April 7, prohibited gatherings over ten from March 17 to May 27, 2020, reimposed caps of fifteen indoors and thirty outdoors with a statewide face-covering requirement from November 17, 2020, and suspended license, registration and title deadlines from March 17, 2020; Wisconsin's Emergency Order 12 prohibited all gatherings of any number, limited weddings and funerals to fewer than ten and prohibited all travel except Essential Travel from March 25, 2020 until the State Supreme Court ended the statewide regime on May 13, 2020, after which the counties and cities carried the layer; Missouri's Stay Home order ran from April 6 to May 3, 2020 with retail occupancy caps of twenty-five and ten percent to June 15, 2020; Nebraska prohibited weddings, funerals, concerts, festivals and every convening of more than ten in the Omaha-area counties from March 19, 2020 and statewide from April 3, 2020 (Ex. NE-002, Ex. NE-008) and extended every title, registration, driver license and commercial driver license expiring on or after March 1, 2020 because "counties have continued to close local offices"; North Dakota's State Health Officer confined every person entering from another State or country from March 28 to September 21, 2020 and its Canadian ports of entry were closed to non-essential travel to November 8, 2021; South Dakota directed local governments to restrict gatherings of ten or more from March 23 to April 28, 2020 and closed its driver-license exam stations.83 No Midwestern State barred local orders during the claimable quarters, and the county and city orders of Chicago, Detroit, the Twin Cities, Milwaukee, Madison, St. Louis, Kansas City, Columbus, Cleveland, Cincinnati and Indianapolis ran alongside the State's in every quarter.84

The West: the total gathering bans, the stay-at-home confinement and the regimes that ran into the third quarter of 2021

Washington stopped non-essential construction under Proclamation 20-25 from March 25, 2020 and let it restart from April 24, 2020 only under the Phase 1 Construction Restart COVID-19 Job Site Requirements, which the Department of Labor and Industries made enforceable as a violation of the industrial safety act through WAC 296-800-14035 from May 26, 2020, readopted through the third quarter of 2021; it prohibited all gatherings "regardless of the number of people involved," weddings and funerals included, from March 23, 2020, prohibited indoor social gatherings absent quarantine and receptions outright from November 17, 2020, ended its caps on June 30, 2021, and from August 23, 2021 required a face covering of every person indoors and barred every business from admitting an unmasked customer, placing the exposure-control duty on the business itself; the Port of Seattle suspended about twenty construction projects at the airport from April 9 to 13, 2020 pending contractors' safety plans, imposed at Seattle-Tacoma International Airport from May 18, 2020 a face-covering policy, an airborne-transmission control on every tenant, worker and passenger in the terminal, barred evictions of its tenants and deferred their rent from April 1, 2020, and cut airport retail to twenty-five percent on November 17, 2020.85 California's stay-at-home order of March 19, 2020 confined all non-essential movement and prohibited all gatherings until June 15, 2021 through its tiers and Regional Stay at Home Order; the six Bay Area health officers barred non-essential construction from March 31 to May 3, 2020 and permitted it from May 4 only under Small and Large Construction Project Safety Protocols with a designated COVID-19 supervisor on every site; the Cal/OSHA COVID-19 Prevention Emergency Temporary Standard bound every employer in the State from November 30, 2020 and was readopted June 17, 2021; the Department of Motor Vehicles closed its field offices to the public statewide from March 27, 2020 by its own action under the State of Emergency, and Executive Order N-40-20 of March 30, 2020 directed that in-person DMV transactions be limited; the Department reopened twenty-five of them by appointment on May 8 and the rest on June 11, 2020, suspended behind-the-wheel tests to January 11, 2021 and extended commercial driver licenses through November 30, 2021 because its offices could not renew them.86 Hawaii ordered every non-listed business to "cease" and every person to stay at home from March 25, 2020, named "vehicle rental services" essential inside that order, prohibited gatherings over ten to June 30, 2020, quarantined every arriving person from March 26, 2020 through March 25, 2022 (with the pre-test exception from October 15, 2020 and vaccination exceptions from mid-2021), quarantined interisland travel from April 1 to June 15, 2020 and from August 11, 2020 to June 14, 2021, required face coverings of every person statewide, an airborne-transmission control on every indoor business, from November 16, 2020 to March 25, 2022, and on August 10, 2021 capped social gatherings at ten indoors and twenty-five outdoors and restaurants, bars and gyms at fifty percent through November 30, 2021 by its terms (superseded November 12, 2021); Kauai County's Rule 15 prohibited rentals to quarantined persons from August 11, 2020 to April 5, 2021 and made every rental company responsible for compliance.87 Colorado prohibited gatherings over ten from March 19, 2020 and all gatherings outside a residence from March 26 to April 26, 2020, named "Automobile rental" and "vehicle rental services" critical businesses subject to distancing requirements and the duty to reduce in-person work, closed non-critical retail on March 26 and reopened it at fifty percent on May 1, 2020, prohibited personal gatherings and closed field services in Level Red from November 20, 2020 to January 4, 2021, and ended its caps on April 16, 2021 under Public Health Order 20-38, which kept an employer implementation duty through the third quarter of 2021.88 New Mexico closed non-essential retail by 100 percent in-person reduction from March 23, 2020, capped gatherings at five from March 24, 2020, quarantined air arrivals for fourteen days from March 27, 2020 (Executive Order 2020-013) and every arrival by any means from July 1, 2020 to February 10, 2021, closed non-essential and big-box retail again from November 16 to December 1, 2020, ran a county-by-county framework to June 30, 2021, bound every business to its COVID-Safe Practices through September 30, 2021, and reinstated universal indoor face coverings on August 20, 2021 alongside those practices.89 Nevada closed non-essential retail unable to ship or deliver on March 20, 2020, closed the showrooms of essential businesses on April 8, 2020, prohibited gatherings of ten or more from March 24, 2020, closed its DMV offices from March 16, 2020 and reopened them by appointment on June 15, 2020 with credentials extended, cut gatherings to the lesser of fifty or twenty-five percent in its Statewide Pause from November 24, 2020, delegated to counties on May 1, 2021, and reimposed on July 30, 2021 under Directive 047 a universal indoor face-covering requirement, an airborne-transmission control on every indoor business in the counties it named; Oregon closed malls, furniture, jewelry and cosmetic stores on March 24, 2020, prohibited every retailer from operating without a designated distancing officer and "directed" every individual to minimize travel, ran its county tier framework, with its highest tier closing indoor dining and capping gatherings, from December 3, 2020 to June 30, 2021 under Executive Order 20-66, and on August 13, 2021 reimposed a face-covering requirement in every indoor space including every indoor workplace under a rule carrying a $500-a-day penalty, alongside its Oregon OSHA rule OAR 437-001-0744, whose exposure-control requirements bound every employer through the quarter; Alaska closed every business not on its essential list from March 28 to April 24, 2020, ordered all individuals to "cease participation in public or private gatherings ... regardless of the number of people involved," weddings and funerals named, quarantined every arriving resident, worker and visitor from March 25, 2020 to February 14, 2021 with a $25,000 fine, and barred intrastate travel from March 28 to May 12, 2020; Arizona confined residents from March 31 to May 15, 2020, confined non-essential retail to non-in-person activity from March 31 to May 3, quarantined air arrivals from the tri-State area from April 9 to May 15, 2020 as a class 1 misdemeanor, barred organized events over fifty without local approval from June 29, 2020 to March 25, 2021, and made its Motor Vehicle Division appointment-only from March 23, 2020 with expirations deferred; Idaho prohibited all gatherings "regardless of the number of people involved" and all travel except Essential Travel from March 25 to April 30, 2020 and quarantined persons entering the State from April 15 to May 15, 2020; Montana prohibited all gatherings outside a household and confined travel to essential purposes from March 28 to April 26, 2020, named "vehicle rental services" essential, quarantined every non-work arrival from March 30 to June 1, 2020 with National Guard screening at airports, and capped gatherings at twenty-five statewide from November 20, 2020 to January 15, 2021; Utah confined every resident to essential purposes from March 27 to May 1, 2020, required a travel declaration of every adult arriving at Salt Lake City International Airport or by highway from April 10 to May 1, 2020, and barred social gatherings outside the household from November 9 to 23, 2020; Wyoming forbade gatherings of ten or more from March 20 to May 14, 2020 with no worship exemption and quarantined every non-work arrival from April 3 to May 8, 2020.90 In nine western States (Arizona, Colorado, Utah, Nevada, California, Oregon, Washington, New Mexico, Hawaii) the general business restrictions were in force on April 1, 2021, in five (California, Oregon, Washington, New Mexico, Hawaii) on June 30, 2021 or into the third quarter itself, and in Hawaii nothing in the general business regime ended before September 30, 2021.91

The winter re-tightening of 2020-21

Every region re-tightened between October and December 2020 by instruments that reached this industry directly. The event renter's market was prohibited or cut to a household in California (all gatherings prohibited in triggered regions), Colorado (Level Red), Illinois (Tier 3, meeting venues barred from hosting gatherings of any size), Michigan (all indoor non-residential gatherings prohibited November 18, 2020 to January 31, 2021), Minnesota (all social gatherings and receptions prohibited November 20 to December 18, 2020), New Mexico (five), Oregon (six from two households), Washington (indoor social gatherings prohibited absent quarantine; receptions prohibited), Vermont (single household), Rhode Island (single household), New Jersey, New York, Massachusetts, Pennsylvania, Delaware, Kentucky, Virginia and the District (ten).92 The showroom fell to twenty-five percent in California's regional order, Colorado's Red counties, Illinois, Washington and Massachusetts, thirty percent in Michigan, fifty percent in Pennsylvania and Maryland, fifty percent in Texas's eighteen high-hospitalization trauma service areas from October 14, 2020 to March 9, 2021 (Ex. TX-025, Ex. TX-026), and closed in New Mexico from November 16 to December 1, 2020.93 The traveler met new or expanded quarantines in Pennsylvania (November 20, 2020), Maryland (December 17, 2020), Connecticut (December 19, 2020), New Hampshire (November 15, 2020), Vermont (November 10, 2020), Washington (variant countries, December 21, 2020) and New Mexico (every non-exempt arrival, October 29, 2020), and the tri-State list grew to thirty-five States and territories.94 Telework was re-imposed in terms in Pennsylvania ("Unless impossible, all businesses must conduct their operations remotely"), Rhode Island, Vermont, Oregon, Washington, Colorado (offices at ten percent), California and Massachusetts (offices at twenty-five percent).95 On January 1, 2021 every State except Missouri, South Dakota and Kansas (whose county orders carried the layer) was under a statewide instrument at least as restrictive as its June 30, 2020 regime, and Illinois, Michigan and Minnesota were under one more restrictive.96

The 2021 transition

The dates on which general business and gathering restrictions ended ran from May 13, 2020 (Wisconsin, by the State Supreme Court's decision in Palm, Ex. WI-007), May 26, 2020 (Kansas, Ex. KS-023), June 15, 2020 (Missouri, Ex. MO-007) and September 25, 2020 (Florida's bar on local orders preventing business operation) through the winter, spring and summer of 2021: Montana January 15 and February 12 (Ex. MT-020, Ex. MT-021), North Dakota January 18 (Ex. ND-074), Idaho February 2 (Ex. ID-012), Iowa February 7 (Ex. IA-035), Arkansas February 26 and March 31 (Ex. AR-014, Ex. AR-070), South Carolina March 1 and 5 (Ex. SC-032, Ex. SC-033), Mississippi March 3, Texas March 10, Oklahoma March 12, Maryland March 12, Wyoming March 16, Arizona March 25, Wisconsin's face-covering order March 31 (Ex. WI-021), Indiana April 6, Georgia April 8, Alabama April 9, Utah April 10 and May 4 (Ex. UT-040, Ex. UT-043), Colorado April 16, West Virginia April 20, New Hampshire April 16 and May 7, Tennessee April 28 (Ex. TN-032), North Carolina May 14, Connecticut May 20, Rhode Island and Delaware and the District May 21, Maine May 24, Nebraska May 24 (Ex. NE-095), Louisiana May 26, Minnesota May 27, Virginia and New Jersey May 28, Massachusetts May 29, Pennsylvania May 31, Nevada June 1 (Ex. NV-038, Ex. NV-074), Ohio June 2, New Jersey's indoor gatherings June 4, Illinois and Kentucky June 11, Vermont June 14, California and New York June 15, Michigan June 22, Washington and Oregon June 30, New Mexico July 1, Rhode Island's reopening and face-covering orders July 6, 2021, and Hawaii not before December 1, 2021.97 In every State the ending instrument kept named instruments alive, and this analysis relies on those instruments for the third quarter of 2021: the workplace standards of California, Oregon, Virginia, Washington, New Jersey and New Mexico; New York's face-covering rule and HERO Act plans; the emergencies of twenty-five States and the District on September 21, 2021 and the sector orders issued under them; the traveler rules of Hawaii and Kansas; the school face-covering and quarantine orders of the 2021-22 year; and, from July 17, 2021, the Delta-wave reinstatements.98

The preemption States

Where the State preempted local orders (Texas, Georgia, Florida, Arizona, Tennessee's eighty-nine counties, South Carolina, Arkansas, Mississippi as to essential businesses, New Jersey, New York, Connecticut, Massachusetts as to essential-workforce travel), the State instrument alone fixed whether a rental counter could open, and the preemption clause is itself a gubernatorial order limiting the commerce of the localities it addressed.99 Where the State set a floor (California, Colorado, Illinois, Michigan, Minnesota, Nevada, Oregon, Washington, Maryland, Missouri in 2020, Ohio, Pennsylvania, Wisconsin after Palm, Kentucky, Louisiana, Delaware, North Carolina, Oklahoma, Virginia, West Virginia, Maine, New Hampshire, Rhode Island, Vermont and every Midwestern State), county health officers closed construction (the Bay Area), closed showrooms (Dallas and Denton Counties), capped gatherings below the State (Anchorage, Boulder, Dane, King and Los Angeles Counties) and, in the third quarter of 2021, reimposed face-covering and vaccination-proof rules the State had not, so that the equipment yard, the airport counter and the event warehouse in those counties operated under two layers at once.100 In Hawaii every county order required the Governor's approval and became a State-approved instrument, which is the character of Kauai's Rule 15.101

The standing duties

Beneath the emergency orders lay a fourth layer that bound every employer in this industry on every day of the six quarters: the standing statutes that commanded every person to prevent and control communicable disease and every employer to furnish a safe and healthful workplace, the offenses for disobeying health and emergency orders, and the liability shields that protected only the business that complied with governmental standards, guidance and protocols. Each is an order from an appropriate governmental authority: a statute or rule that commands conduct is an order, and a legislature, a health department, a labor department and an occupational-safety agency are each an appropriate governmental authority. The pandemic directives gave each standing duty its content. This subsection states the layer for eight States in which the industry's largest yards, counters and event warehouses sit (Texas, Ohio, Oregon, Washington, Kansas, New York, Florida and Maine); the fifty-one-jurisdiction table is on this site's duties page.102

The first layer is the orders inventoried above: no reopening order let a yard, counter or showroom operate unconditionally, and the measures the Service describes as "beyond the order" were the order's own conditions of operating. Texas: "Every business establishment in Texas shall operate at no more than 50 percent of the total listed occupancy of the establishment" (Ex. TX-021); "Every person in Texas shall wear a face covering over the nose and mouth when inside a commercial entity" (Ex. TX-022). Ohio: no retailer "shall be open for business or operate unless in compliance with this Order" (Ex. OH-037). Oregon: every retail business not closed outright was prohibited from operating "unless the business designates an employee or officer to establish, implement, and enforce social distancing policies, consistent with guidance from the Oregon Health Authority," and retail businesses that failed to comply "will be closed until they demonstrate compliance" (Ex. OR-007); under the county framework of December 2020 the OHA's sector guidance was "enforceable to the same extent this Executive Order is enforceable" (Ex. OR-035). Washington: "No employer may operate ... unless the employer ... complies with all public health authority orders and directives" (Ex. WA-040). Kansas: businesses "can open if they comply with the following" (Ex. KS-019). New York: reopened businesses "must be operated subject to the guidance promulgated by the Department of Health" (Ex. NY-022). Florida: indoor service "so long as they limit indoor occupancy up to fifty (50) percent" (Ex. FL-027). Maine: "Any business authorized now to be open shall comply with the pertinent COVID-19 Prevention Checklist" (Ex. ME-025).103 Where the same orders said "should" or "encouraged," those clauses are recommendations, compulsory only through the orders' conditions, the shields' conditions and the general duty clause.104

The second layer predates the pandemic and outlasted every order. Texas states the duty on the person: "The state has a duty to protect the public health. Each person shall act responsibly to prevent and control communicable disease" (Health and Safety Code § 81.002, Ex. DUT-TX-001); its control measures and the emergency orders are enforced by misdemeanor, felony, fine and confinement (Ex. DUT-TX-002, Ex. DUT-TX-005, Ex. DUT-TX-006, Ex. DUT-TX-012); and "Each employer shall" provide "a place of employment that is reasonably safe and healthful for employees" (Labor Code § 411.103, Ex. DUT-TX-013).105 Ohio makes violation of any Department of Health pandemic order a crime and forbids the person in charge of any "place of public accommodation, amusement, resort, or trade" to "negligently fail to take reasonable measures to protect the public from exposure to the contagion" (Ex. DUT-OH-004, Ex. DUT-OH-007, Ex. DUT-OH-013).106 Oregon gives every emergency order "the full force and effect of law" and commands that "Every employer shall furnish employment and a place of employment which are safe and healthful," enforced through 159 citations by June 2, 2021 (Ex. DUT-OR-004, Ex. DUT-OR-005, Ex. OR-032, Ex. OR-041, Ex. DUT-OR-014).107 Washington commands that "Members of the general public shall cooperate with ... Implementation of infection control measures" and made every proclaimed operating condition a rule of its industrial safety act (Ex. DUT-WA-007, Ex. DUT-WA-010, Ex. AGY-ST-LABOR-WORKPLACE-078).108 Kansas punished knowing violation of an emergency order as a class A misdemeanor and later by civil penalty (Ex. DUT-KS-011, Ex. DUT-KS-006, Ex. DUT-KS-013).109 New York penalizes every violation of "any lawful notice, order or regulation" and commands "reasonable and adequate protection to the lives, health and safety of all persons employed" (Ex. DUT-NY-001, Ex. DUT-NY-002, Ex. DUT-NY-013, Ex. DUT-NY-014).110 Florida makes violation of any emergency requirement or order a misdemeanor its officers "shall enforce" (Ex. DUT-FL-001, Ex. DUT-FL-008, Ex. DUT-FL-007), and Maine makes failure to comply with an enforcement order a Class E crime (Ex. DUT-ME-004), recited in the Governor's orders (Ex. ME-011, Ex. ME-046) and incorporated by reference in Executive Order 55 (Ex. ME-025), while the Department's own orders drew their force and their § 804(2) fines from the enabling chapter, 22 M.R.S. §§ 801-825 (Ex. DUT-ME-001).111 The federal duty ran beneath all eight, and alone in Florida and Maine: "Each employer ... shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees" (29 U.S.C. § 654(a)(1), Ex. DUT-FED-001). OSHA told every employer in March 2020 that the clause "requires employers to provide their employees with a workplace free from recognized hazards" and cited employers under it from September 10, 2020 (Ex. FED-088, Ex. AGY-FED-LABOR-IMMIGRATION-020, Ex. LAW-487, Ex. LAW-488, Ex. DUT-FED-067).112

The third layer is the legislatures' own statement of the standard of care. Texas protects a business unless the claimant proves it "knowingly failed to implement or comply with government-promulgated standards, guidance, or protocols intended to lower the likelihood of exposure to the disease," for every action commenced on or after March 13, 2020 (Ex. DUT-TX-014, Ex. DUT-TX-015); Kansas immunizes a business only "if such person was acting pursuant to and in substantial compliance with public health directives" (Ex. DUT-KS-015, Ex. DUT-KS-014); Florida only a defendant that "made a good faith effort to substantially comply with authoritative or controlling government-issued health standards or guidance" (Ex. DUT-FL-012).113 Ohio set a culpability floor without a compliance clause and left its statutes in full force (Ex. DUT-OH-020); Oregon shielded schools alone, on a compliance condition (Ex. DUT-OR-008); New York shielded health care alone and repealed that shield on April 6, 2021 (Ex. DUT-NY-016, Ex. DUT-NY-018); Washington and Maine enacted none, leaving breach of a statutory duty as evidence of negligence (Ex. DUT-WA-013).114 In each State the complying business stood inside the law and the other outside it.

The largest metros

The forty largest metropolitan areas, where the industry's largest yards, airport counters and event warehouses sit, added a local layer of orders with the force of law that in most metros preceded the State's, in many exceeded it, and in twenty-three of the forty reinstated universal indoor face-covering requirements, vaccination-proof conditions or event limits between July 17 and September 30, 2021, while eight more imposed face-covering and screening conditions on entry to their courthouses and government buildings. The metro table on this page tabulates them; the instruments that reached this industry most directly are these.

The shutdowns and confinements of March and April 2020

The six Bay Area health officers ordered every resident to shelter in place from 12:01 a.m. on March 17, 2020 and, on March 31, 2020, barred non-essential construction until May 4, 2020, when they permitted it only under written safety protocols with a designated COVID-19 supervisor on every site.115 Boston halted construction on March 16, 2020.116 New York City declared its emergency on March 12, 2020 and never let it lapse, issuing more than 250 numbered emergency orders in eighteen months.117 Los Angeles County's Safer at Home order of March 21, 2020 and the City's orders confined the county; the Los Angeles Department of Building and Safety conditioned every construction site from March 31, 2020.118 Dallas County confined residents from March 23, 2020 and re-issued its Stay Home Stay Safe and Safer at Home orders weekly through May 15, 2020; Denton County ordered on March 31, 2020 that "[a]utomobile dealerships may continue online sales; showrooms must remain closed."119 Harris County's Stay Home, Work Safe Order ran from March 24, 2020; Miami-Dade closed non-essential retail and confined gatherings from March 16 and 17, 2020; Philadelphia closed every non-essential place of business at 5:00 p.m. on March 16, 2020; Atlanta confined residents from March 24, 2020; St. Louis from March 23, 2020; New Orleans from March 20, 2020, three days before the State; Chicago's Department of Public Health issued its first order March 18, 2020, prohibited gatherings over ten on March 26, and on May 8, 2020 compelled every short-term-rental platform to report every reservation twice weekly and to make every renter acknowledge the stay-at-home order; Minneapolis converted the Governor's closure order into a City regulation enforced by City police on March 16, 2020; San Diego County's Health Officer prohibited every gathering of 250 or more on March 13, 2020 and kept the San Diego Convention Center as an emergency shelter through the spring; Denver's Department of Public Health and Environment closed the Colorado Convention Center, Red Rocks, the Coliseum and the Performing Arts Complex "to the public for any purpose" on March 13, 2020 and cancelled every City-permitted outdoor gathering of 250 or more; Orlando closed every City-owned venue to public events, barred any group-meeting rental of a City building and revoked every event permit on March 20, 2020; Louisville's Metro Parks cancelled every facility and shelter rental from March 14, 2020; Cincinnati's Joint Emergency Order 8 ordered "all bike sharing and electric scooter services and rental businesses ... closed for the duration of the declared emergency" on April 1, 2020, an order on a rental business by name; and Riverside County's Health Officer confined every hotel, motel, timeshare and rental of sixty days or less to COVID-19 uses and forbade any owner or agent to market them from April 2, 2020.120

The traveler and the airport

Chicago's Emergency Travel Order quarantined every arrival from listed States from July 6, 2020 into 2021; Kauai County's Rule 15 made every rental car company the enforcement point of Hawaii's quarantine from August 11, 2020 to April 5, 2021; Honolulu's Emergency Orders ran from March 23, 2020 through the third quarter of 2021, with Emergency Order 2021-09 (effective July 8, 2021), the Safe Access Oahu order (Emergency Order 2021-11, effective September 13, 2021) and Emergency Order 2021-13 (effective September 22, 2021); the Port of Seattle imposed its face-covering policy at the airport from May 18, 2020 and the Greater Orlando Aviation Authority required all 22,000 badged airport employees to wear facial coverings from June 17, 2020, each an airborne-transmission control on the terminal in which the rental counters sit; and the Eighth Judicial District Court in Las Vegas designated meeting rooms of the Las Vegas Convention Center as a temporary courtroom on July 8, 2020 because the State's gathering cap of fifty forbade a trial with more participants in its own building.121

The third quarter of 2021 in the metros

The local instruments of this quarter were, in the main, workplace infection-prevention and exposure-control requirements imposed on every indoor business and public building: universal indoor face-covering orders, several of which placed the duty of enforcement on the business itself, face-covering and screening conditions on entry to courthouses and government buildings, and vaccination-proof conditions on venues. Los Angeles County reinstated masks "regardless of vaccination status" in "all indoor public settings and businesses" from 11:59 p.m. on July 17, 2021, and the City of Los Angeles did the same by its Safer L.A. order; the seven Bay Area health officers and Berkeley ordered every person, "regardless of vaccination status, to wear face coverings when indoors in public settings" from 12:01 a.m. on August 3, 2021 and made businesses "required to implement the indoor face covering order"; San Francisco required proof of vaccination for patrons of indoor restaurants, bars, gyms and entertainment venues from August 20, 2021 and of their personnel by October 13, 2021, restated September 1 and September 15, 2021; Sacramento County required masks indoors in workplaces and public settings from July 30, 2021; Clark County ordered, on July 20, 2021, every employee of every business in an indoor public space masked from 12:00 a.m. July 22, 2021 under a code provision carrying license suspension and $1,000-a-day penalties, and the Eighth Judicial District Court reinstated masks in every court facility from July 19; King County's Local Health Officer ordered masks in every indoor public space and at every outdoor event of 500 or more from September 7, 2021 and announced on September 16, 2021 a vaccination-verification condition on indoor restaurants, bars, gyms, theaters, arenas, exhibition halls and convention centers and outdoor events of 500 or more to take effect October 25, 2021; Denver ordered the personnel of the City, hospitals, care facilities, schools, shelters and their contractors vaccinated by September 30, 2021 (Ex. MET-DEN-023), and Boulder County Public Health required masks of every person aged two and older, regardless of vaccination status, in every indoor public space from 5:00 p.m. on September 3, 2021 (Public Health Order 2021-08, Sept. 2, 2021) (Ex. MET-DEN-033); the Village of Oak Park's Public Health Director ordered masks indoors from August 6, 2021 (Ex. MET-CHI-049), and Chicago's Commissioner of Health did so by Public Health Order No. 2021-1 from August 20, 2021 (Ex. MET-CHI-026); Dallas County ordered universal indoor masking of every commercial entity, school, child-care center and college from 11:59 p.m. on August 11, 2021, "continuing until rescinded," and Bexar County's Executive Order NW-21 did the same in San Antonio from August 11; Harris County kept its screening and mask orders for county buildings and its courthouse orders from August 11 and 17; Philadelphia required masks in every indoor business that did not verify vaccination from August 12, 2021 (Ex. MET-PHL-019), and its Board of Health, adopting the requirement as a regulation on August 13, 2021, defined "indoor" to include a space under "a tent top" (Ex. MET-PHL-020); Boston's Public Health Commission ordered face coverings indoors in every business from 8:00 a.m. on August 27, 2021, "until rescinded"; New York City's Key to NYC order conditioned entry to every indoor restaurant, bar, food court, catering hall, gym, theater, concert venue, museum, arena, stadium, convention center, exhibition hall, bowling alley, arcade and commercial event venue in the five boroughs on proof of vaccination from August 17, 2021, with fines of $1,000, $2,000 and $5,000 from September 13, 2021; New Orleans required a face covering of every person indoors from July 31, 2021 under the Health Department's mandatory COVID-19 Reopening Guidelines issued under the Mayor's emergency proclamation of May 15, 2020 (Ex. MET-MSY-027), and required proof of vaccination or a negative test for entry to every indoor restaurant, bar, gym and venue from August 16, 2021; Baltimore City reinstated indoor face coverings on August 10, 2021; Montgomery County, Maryland's Board of Health required masks indoors from August 7, 2021; Atlanta required masks in every public place from July 28, 2021 (Ex. MET-ATL-063) until the Governor's order of August 19, 2021 barred enforcement against private businesses (Ex. GA-043), and Savannah's Emergency Order No. 29 of August 24, 2021 (effective 6:00 p.m.) required face coverings, capped gatherings on City property at fifty, closed City buildings and community centers, cancelled Civic Center events and revoked event permits through September 23, 2021 (Ex. MET-ATL-017); Mecklenburg County's Board of Health ordered every business in Charlotte and its towns to require face coverings from August 31, 2021 on pain of misdemeanor and closure; the City of St. Louis ordered masks of every person indoors from July 26, 2021; Kansas City's Ordinance 210694 required masks indoors from August 19, 2021; Columbus's Ordinance 2388-2021 required face coverings in "every place of business" from September 14, 2021; Cuyahoga County required face coverings, distancing and screening in every County building from August 3, 2021 (Ex. MET-CLE-009), and the Hamilton County courts' joint order of August 11, 2021 (Ex. MET-CIN-007) and the Marion Circuit Court's order of August 16, 2021 (Ex. MET-IND-054) required face coverings in every courthouse in Cincinnati and Indianapolis; Louisville required masks in every Metro building and vehicle from August 2, 2021; Memphis extended its emergency weekly from July 13, 2021; Dane County ordered every person masked "[i]n any enclosed space open to the public" from August 19, 2021; Salt Lake City required masks of every employee and visitor in City buildings and vehicles regardless of vaccination status from July 28, 2021 (Ex. MET-SLC-029); the Maricopa County Superior Court required a face covering of every person entering any court facility from August 9, 2021; the Fifth Judicial District in Pittsburgh required masks in every courthouse from August 10, 2021; Minneapolis extended its emergency through November 7, 2021; Orange County, Florida, declared its emergency on July 28, 2021 and renewed it weekly through October 20; Hillsborough County extended its local emergency weekly from July 1, 2021; Oakland County ordered masks in every school and day care from August 24, 2021; and Honolulu ran under Tier 5 from July 8, imposed Safe Access Oahu from September 13 and its Safe Oahu Response Plan from September 22, 2021.122 The universal orders bound the equipment yard, the rental counter, the event warehouse and the showroom in the metro as a workplace and a place of public accommodation, as airborne-transmission controls on every worker and customer inside; the courthouse and government-building orders governed the offices through which the industry's title, lien, licensing and court transactions ran; the emergency continuations are the predicate under which each local authority acted; and the vaccination-proof orders on venues bound every indoor event the event renter served.

The sector regulators

Five classes of regulator whose instruments reach this industry's transactions directly issued orders in every quarter: the State motor-vehicle agencies, the airport and port authorities, the Department of Transportation and the Federal Aviation Administration, the State occupational-safety agencies and the convention authorities and venue owners. Their instruments are conditions on the revenue functions, not background.

The motor-vehicle agencies

Every fleet vehicle the industry rents is titled, registered and plated through a State motor-vehicle agency, and every vehicle it sells out of the fleet requires a title transaction at the same agency; every commercial driver it hires holds a credential the agency issues and renews. In March 2020 the motor-vehicle offices closed to the public in nearly every State: California's field offices closed statewide from March 27, 2020 by the Department's own action under the State of Emergency, with Executive Order N-40-20 of March 30, 2020 directing that in-person transactions be limited, and reopened by appointment from May 8 and June 11, 2020, with behind-the-wheel tests suspended to January 11, 2021 and commercial credentials extended through November 30, 2021; New Jersey's agencies, road-testing and inspection facilities closed from March 16 to July 7, 2020; Illinois's Driver Services facilities closed from March 17 to May 31, 2020 and from November 17, 2020 to January 4, 2021; Indiana's branches closed from March 24, 2020; Wisconsin's service centers closed March 20 and went appointment-only from March 23, 2020; Minnesota's exam stations and license-agent offices closed until May 4, 2020; Nevada's offices closed from March 16 to June 15, 2020; New York cancelled every appointment at 8:00 p.m. on March 20, 2020 and kept county offices appointment-only to May 17, 2021; Pennsylvania's centers closed from March 16, 2020; Nebraska's Governor extended every title, registration and license because "counties have continued to close local offices"; North Carolina extended every credential and dealer plate by statute; Tennessee, Kentucky, Maryland, Connecticut, Rhode Island, Vermont, Iowa, Kansas, Colorado, Utah, Montana, North Dakota and South Dakota extended credentials and registrations by order; Texas waived title and registration requirements from March 16, 2020 to April 14, 2021; Oregon's DMV ran appointment-only through the third quarter of 2021 and the District's to July 19-20, 2021; and remote notarization was authorized by order or statute in New York, New Jersey, Massachusetts, Michigan, Maryland, Vermont, Mississippi, Texas and Illinois.123 The American Association of Motor Vehicle Administrators' tables of April 30 and May 12, 2020 record the jurisdiction-by-jurisdiction closures and extensions.124 Where the record of a closure is the agency's own announcement, this analysis cites the announcement as the record of the closure the agency imposed under the governor's emergency order and cites that order; the closures themselves are the facts, and the orders under which they were imposed are the instruments.

The airport and port authorities

The airport authority is a governmental authority with power over the rental counters, shuttles and access roads on its property. The Port of Seattle suspended about twenty construction projects at the airport from April 9 to 13, 2020 pending contractors' safety plans, barred evictions of its tenants and deferred rent and fees from April 1, 2020, imposed a face-covering policy at the airport from May 18, 2020 and cut airport retail to twenty-five percent on November 17, 2020; the Greater Orlando Aviation Authority required facial coverings of all 22,000 badged airport employees from June 17, 2020, each policy an airborne-transmission control on the terminal in which the rental counter sits.125 Congress appropriated in December 2020 and March 2021 relief from the rent and minimum annual guarantees the on-airport car rental counter owed, relief it does not appropriate for obligations a tenant can meet, and the Federal Aviation Administration administered the relief through its rent-relief grants at every primary airport.126

The Department of Transportation and the Federal Aviation Administration

The Department of Transportation fixed by order the minimum scheduled air service every carrier taking payroll support was required to maintain from April 7 through September 30, 2020, from January 15 through March 31, 2021 and from May 14 through September 30, 2021; the network the traveler flew on was a network the federal government fixed by order on every day of the period, and the airport counter operated inside it.127 The Federal Aviation Administration waived slot-usage requirements from March 16, 2020 through the period, recording that the carriers were not flying their schedules.128

The State occupational-safety agencies

The Cal/OSHA COVID-19 Prevention Emergency Temporary Standard bound every employer in California from November 30, 2020 and was readopted June 17, 2021; Virginia's 16VAC25-220 bound every employer in the Commonwealth from July 27, 2020 (emergency) and January 27, 2021 (permanent) and was amended September 8, 2021; Oregon OSHA's OAR 437-001-0744 bound every employer from November 16, 2020 (temporary) and May 4, 2021 (permanent) and renewed its workplace face-covering requirements August 13, 2021; Washington's WAC 296-800-14035 made every condition of the Governor's proclamations a violation of the industrial safety act from May 26, 2020 and was readopted July 6, August 23 and September 20, 2021; MIOSHA's emergency rules bound every Michigan workplace from October 14, 2020 to June 22, 2021 and were enforced against an equipment rental and sales business; New Jersey's Executive Order 192 bound every worksite from November 5, 2020 and its requirements for unvaccinated or unverified employees continued through the third quarter of 2021; New Mexico's COVID-Safe Practices bound every business to September 30, 2021; New York's HERO Act required every private employer to adopt an airborne infectious disease exposure prevention plan by August 5, 2021 and the Commissioner of Health activated every plan on September 6, 2021.129 Each standard was a workplace infection-prevention and exposure-control regime: it required written plans, screening, distancing, face coverings, exclusion of exposed employees and reporting of every yard, counter, shop and delivery crew in the State.

The convention authorities and venue owners

The Javits Center in New York held no events after March 10, 2020, became a medical station from March 30, 2020 and a vaccination center from January 13, 2021; the Boston Convention and Exhibition Center became a field hospital in April 2020 and held its first public convention on September 3, 2021; McCormick Place in Chicago reopened only in July 2021; the San Diego Convention Center was an emergency shelter through the spring of 2020; the Colorado Convention Center was closed by order on March 13, 2020; the Las Vegas Convention Center housed a courtroom in July 2020.130 Each is a venue the event renter serves, removed from the market by a governmental authority's action, and each reopening date fixes when the market for staging, seating and tenting at that venue could return.

The CISA lists and the essential designations

The Cybersecurity and Infrastructure Security Agency's advisory list, from its second version of March 28, 2020, named "vehicle rental services" and "the manufacturing, distribution, sales, rental, leasing, repair, and maintenance of vehicles"; some thirty States incorporated a version of the list into their closure orders, and Illinois, Ohio, Hawaii, Montana, Colorado, Alabama and New Hampshire wrote their own rental clauses.131 Michigan incorporated the first version alone, which named no rental function.132 Pennsylvania's list marked all four NAICS 532 groups "Yes" while marking construction "No"; New Jersey's and New York's lists named no rental business; Rhode Island's list treated dealerships as non-critical "except for auto repair and by appointment only"; Delaware's order permitted closed businesses "to complete any sales or rentals in progress."133 The designation, where given, was the premise of the conditions the order imposed on the counter, the shuttle and the yard, never an exemption from them, and where it was withheld the counter closed.

The counterparties

Every class of counterparty on which this industry's functions depend was itself the addressee of orders in every quarter, and each such order was an order limiting the commerce of this industry, because the commerce it limited was the transaction the industry performs. The Notice's Q&A-12 recognizes the mechanism for suppliers; the statute's text recognizes it for every counterparty; and the United States (the Government as litigant) has represented that "a business may be suspended 'due to' a government order addressing a third party."134

Contractors and project owners

The construction shutdowns of Pennsylvania, New York, New Jersey, Michigan, Washington, Vermont, Boston, the Bay Area and Alaska, the Port of Seattle's project suspension, the Pennsylvania Department of Transportation's suspension of its own construction from March 16, 2020, the corrections departments' suspension of perimeter construction, and the job-site standards of every State fixed whether and how the equipment renter's customers could work.135

Travelers, airlines and airports

The stay-at-home orders of forty-two States and the District confined the traveler to essential travel; the arrival quarantines of Hawaii, Alaska, New York, New Jersey, Connecticut, Massachusetts, Rhode Island, Vermont, Maine, New Mexico, Kansas, Pennsylvania, Maryland, New Hampshire, the District, Chicago and, in the spring of 2020, Florida, Texas, Kentucky, Delaware, West Virginia, South Carolina, Oklahoma, Montana, Idaho, Utah, North Dakota, Arizona and Wyoming quarantined the traveler on arrival; the entry proclamations and land-border notices barred the international traveler; the Department of Transportation's orders fixed the flights; the conveyance order governed the airport.136

Event hosts and venues

The gathering bans and caps of every State, the convention prohibitions of Maryland and Georgia, the venue closures of every State and the largest metros, the convention-center conversions, and the face-covering and vaccination-proof conditions of the third quarter of 2021 were orders on the events the event renter serves.137 The meetings list on this page sets out the trade shows, conventions, fairs, festivals, tournaments and races on which this industry's group-meeting revenue depended, with the venue jurisdiction's orders in force on each event's dates, the organizer's stated action and the classes of recurring gatherings the orders governed.

Consumers and retail partners

The non-essential retail closures of some forty States closed the retail partners' stores in which consumer agreements are written and the showrooms in which they are written directly; the capacity, curbside, appointment and face-covering rules conditioned them on reopening.138

Manufacturers, dealers and auctions

Michigan's Executive Orders 2020-21 and 2020-42 closed every manufacturing plant not serving critical infrastructure from March 24, 2020; the Federal Reserve recorded in April 2020 that "[s]ome other manufacturing industries, such as autos, mostly shut down"; the White House found in June 2021 that vehicle plants lost production "due to a six-week industry shutdown" and that the pandemic "created a global semiconductor chip shortage impacting automotive, industrial, and" other sectors, a shortage the Department of Commerce was still soliciting evidence of on September 24, 2021; dealers' showrooms closed under the same retail orders; auctions ran remotely or closed.139

Schools, child care, transit and health care

The school closure orders of every State in the spring of 2020, the remote and hybrid orders of the 2020-21 year and the face-covering and quarantine orders of the 2021-22 year reached the workforce's households; the paid-leave mandate of April 1 through December 31, 2020 made the school closure a compulsory leave event for every employer under 500 employees; the quarantine and isolation orders on exposed persons removed employees from every yard; the conveyance order's airborne-transmission control governed every transit commute from February 1, 2021; and the elective-procedure suspensions of the spring of 2020 and the Healthcare Emergency Temporary Standard of June 21, 2021 governed the hospitals and home-health agencies to which the industry rents home health equipment.140

The interconnected economy

"Commerce" in the United States is interstate and international by nature, and the orders of one jurisdiction limited the commerce of employers in every other. The mechanisms by which orders anywhere limited this industry's commerce everywhere are six, and the ecosystem section below applies each to the industry with the restoration arithmetic.

Borders and the international traveler

The entry proclamations of January through May 2020 and January and May 2021, the land-border limitation renewed monthly from March 20, 2020 to November 8, 2021, the Title 42 order, the inbound-testing order of January 26, 2021 and the State Department's suspension of routine visa services removed the international visitor from every airport counter in the country and confined cross-border vehicle movement to essential travel; the foreign governments' own entry bars, quarantines and lockdowns (Canada's bar on discretionary entry by United States residents to August 9, 2021 and its testing and quarantine rules thereafter; the European Union's list, from which the United States was removed on August 30, 2021; China's entry suspension; Mexico's tiered system) are the facts and circumstances in which those federal instruments operated, and this analysis treats them as context and not as orders of an appropriate governmental authority.141

Supply chain

The Defense Production Act delegations and the scarce-materials designation governed the industry's own protective equipment; the plant closures of Michigan and the other closure States idled the manufacturers of the vehicles and equipment the industry buys; the semiconductor shortage that followed constrained fleet acquisition through the third quarter of 2021; the Federal Reserve's Beige Books of July 14 and September 8, 2021 record "shortages of materials and labor, delivery delays, and low inventories of many consumer goods" and the "ongoing microchip shortage."142

Workforce, schools and child care

The school closures of March 2020 reached at least 55.1 million students in 124,000 schools; the paid-leave mandate made every such closure a compulsory leave event; the 2021-22 face-covering and quarantine orders of at least eighteen States and the District and the quarantine orders on exposed persons removed employees from the yard in the third quarter of 2021.143

Travel, tourism and gatherings

The Transportation Security Administration's checkpoint throughput fell 95.2 percent between March 1 and April 14, 2020; the airlines carried 557 million fewer passengers in 2020 than in 2019; the Federal Reserve attributed the deceleration of September 2021 in part to "international travel restrictions"; the gathering caps of every State ran into the summer of 2021 and Hawaii's returned in August.144

Courts, clerks and public offices

The motor-vehicle, recorder, notary and clerk closures of every State suspended the title, registration, lien and disposal transactions of every fleet; the remote-notarization orders and statutes are the record of the closures they answered.145

Transit and health care

The conveyance order, an airborne-transmission control on every conveyance and hub, governed every commute by bus, rail and ferry from February 1, 2021 and every airport shuttle; the elective-procedure suspensions and the Healthcare Emergency Temporary Standard governed the health-care counterparties of the home health equipment line and the entry conditions at every hospital dock the industry delivers to.146

  1. Amanda Moreland et al., Timing of State and Territorial COVID-19 Stay-at-Home Orders and Changes in Population Movement, United States, March 1-May 31, 2020, 69 Morbidity & Mortality Wkly. Rep. 1198, 1198-1200 (Sept. 4, 2020) (Ex. LAW-201) (42 States and territories issued mandatory stay-at-home orders affecting 2,355 (73 percent) of 3,233 counties; "most jurisdictions issued multiple orders"; eight jurisdictions' mandatory orders extended beyond May 31, 2020). ↩
  2. Ballotpedia, Executive orders issued by governors and state agencies in response to the coronavirus (COVID-19) pandemic, 2020 (Council of State Governments data; 2,065 executive orders, Feb. 2020 to June 29, 2020) (Ex. LAW-203); see Ballotpedia, State-level stay-at-home orders (43 governors issued stay-at-home or non-essential-closure orders; seven States did not) (Ex. LAW-204). ↩
  3. U.S. Department of Health and Human Services, HealthData.gov, State and County COVID-19 Policy Orders dataset (gyqz-9u7n) (API read Sept. 26, 2026) (Ex. LAW-205) (4,218 policy-order entries: 1,707 State, 2,511 county; 3,191 start and 1,027 stop actions; coding covers Mar. 23, 2020 to the spring of 2021, 1,698 start entries falling in the second quarter of 2020 alone). ↩
  4. Rebecca Katz et al., COVID AMP: A Global Database of Policies Adopted in Response to COVID-19, 10 Sci. Data 491 (July 27, 2023) (Ex. LAW-202) (nearly 50,000 policy measures in 150 countries; "over 20,000 policies captured at the national and state level" in the fifty States, Puerto Rico and Guam, January 2020 to June 2022; "[a]mong U.S. state and national policies, 95% were issued prior to November 23, 2021"; approximately 8,000 county and 1,400 tribal-area policies). ↩
  5. Kaiser Family Foundation, State COVID-19 Data and Policy Actions, State Social Distancing Actions (United States summary row), file of July 2, 2021 (Ex. LAW-246) (emergency declarations in force in 35 jurisdictions; Hawaii quarantining all travelers; Kansas and Rhode Island quarantining travelers from certain States; Hawaii's gathering cap; masks indoors in Hawaii and for the unvaccinated in California, Connecticut, Nevada, New Mexico, New York, Pennsylvania, Rhode Island and Washington), and file of September 21, 2021 (Ex. LAW-247) (25 emergency declarations; statewide mask requirements in eleven jurisdictions: Oregon for all persons; indoor in the District of Columbia, Hawaii, Illinois, Louisiana, New Mexico and Washington; unvaccinated-only in California, Connecticut, Nevada and New York; Hawaii "Imposing New Restrictions"); see Ex. LAW-230 (file of June 30, 2020: traveler quarantines in force in twelve jurisdictions). ↩
  6. Bureau of Economic Analysis, Gross Domestic Product, 2nd Quarter 2020 (Advance Estimate) (July 30, 2020) (Ex. LAW-253) (GDP "decreased at an annual rate of 32.9 percent"; the decline "reflected the response to COVID-19, as 'stay-at-home' orders issued in March and April were partially lifted in some areas of the country in May and June"); U.S. Government Accountability Office, GAO-20-625, at 3, 10 (June 2020) (Ex. LAW-213) ("millions have lost their jobs due to stay-at-home orders and business closures aimed at 'flattening the curve'"; "Widespread business closures led to immediate and substantial job losses"); Board of Governors of the Federal Reserve System, The Beige Book (May 27, 2020) (Ex. LAW-218) ("Consumer spending fell further as mandated closures of retail establishments remained largely in place during most of the survey period"); The Beige Book (Dec. 2, 2020) (Ex. LAW-219) ("mandated restrictions (recent and prospective)"); Bureau of Labor Statistics, Business Response Survey to the Coronavirus Pandemic (July 20-Sept. 30, 2020) (Ex. LAW-207) ("19 percent of establishments (1.6 million) experienced a government-mandated closure"; "52 percent of establishments (4.4 million) told employees not to work"); Transportation Security Administration, checkpoint travel numbers (Ex. LAW-225) (2,353,150 on Mar. 1, 2020; 113,147 on Apr. 14, 2020); Bureau of Transportation Statistics, 2020 annual passenger release (Ex. LAW-226) (557 million fewer passengers in 2020 than in 2019, down 60 percent). ↩
  7. Proclamation 9984, 85 Fed. Reg. 6709 (Feb. 5, 2020) (signed Jan. 31, 2020; effective 5:00 p.m. EST Feb. 2, 2020) (Ex. FED-200); Proclamation 9992, 85 Fed. Reg. 12855 (Mar. 4, 2020) (signed Feb. 29, 2020; effective 5:00 p.m. EST Mar. 2, 2020) (Ex. FED-201); Proclamation 9993 (signed Mar. 11, 2020; effective 11:59 p.m. EDT Mar. 13, 2020) (Ex. FED-202); Proclamation 9996 (signed Mar. 14, 2020; effective 11:59 p.m. EDT Mar. 16, 2020) (Ex. FED-203). Each recites 8 U.S.C. § 1182(f). Proclamations 9984 and 9992 remained in force until Proclamation 10294 revoked them effective Nov. 8, 2021 (Ex. FED-209); Proclamations 9993 and 9996 were superseded and continued without interruption by Proclamation 10143 from Jan. 26, 2021 (Ex. FED-207), which Proclamation 10294 revoked on the same date. ↩
  8. Department of Homeland Security, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (in effect 11:59 p.m. EDT Mar. 20, 2020) (Ex. FED-216) (travel "limited to 'essential travel'"; non-essential travel defined by example as "sightseeing, recreation, gambling, or attending cultural events"; the Secretary acting under 19 U.S.C. § 1318(b)); Notification of Temporary Travel Restrictions ... Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239); Notification of Apr. 22, 2020 (Canada), 85 Fed. Reg. 22352 (Ex. FED-217); Notification of May 22, 2020 (Mexico), 85 Fed. Reg. 31057 (Ex. FED-241). The monthly renewals through the June 23, July 22, Aug. 23 and Sept. 22, 2021 notifications are Ex. FED-232, Ex. FED-233, Ex. FED-234 and Ex. FED-235 (Canada) and Ex. FED-255, Ex. FED-256, Ex. FED-257 and Ex. FED-258 (Mexico); the Oct. 21, 2021 notification admitting vaccinated non-essential travelers from Nov. 8, 2021 is Ex. FED-236. ↩
  9. U.S. Department of State, Suspension of Routine Visa Services (announcement of Mar. 18, 2020; updated Mar. 20, 2020) (Ex. FED-327) (all routine immigrant and nonimmigrant visa appointments cancelled as of Mar. 20, 2020; phased post-by-post resumption from July 15, 2020) (an announcement of the Department's own action, cited as the record of that action). ↩
  10. Cybersecurity and Infrastructure Security Agency, Guidance on the Essential Critical Infrastructure Workforce, Version 1.0 (Mar. 19, 2020) (Ex. SEC-08-001, Ex. FED-394) ("advisory in nature"; no rental function named); Version 2.0 (Mar. 28, 2020) (Ex. SEC-08-002) ("Workers supporting personal and commercial transportation services including taxis, delivery services, vehicle rental services, bicycle maintenance and car-sharing services, and transportation network providers"; "Workers critical to the manufacturing, distribution, sales, rental, leasing, repair, and maintenance of vehicles and other transportation equipment (including electric vehicle charging stations) and the supply chains that enable these operations to facilitate continuity of travel-related operations for essential workers"); Version 3.0 (Apr. 17, 2020) (Ex. SEC-08-003); Version 4.1 (Aug. 10, 2021) (Ex. SEC-08-006); Governor of Texas, Executive Order GA-14 (Mar. 31, 2020; effective 12:01 a.m. Apr. 2, 2020) (Ex. TX-008) (incorporating Version 2.0); Governor of Florida, Executive Order 20-91 (Apr. 1, 2020; effective 12:01 a.m. Apr. 3, 2020) (Ex. FL-010) (same); Governor of Georgia, Executive Order 04.02.20.01 (Apr. 2, 2020) (Ex. GA-010) (same); Governor of Michigan, Executive Order 2020-42, § 8 (Apr. 9, 2020) (Ex. SEC-07-022, Ex. MI-017) (adopting the Mar. 19, 2020 list alone: "This order does not adopt any subsequent guidance document released by this same agency"). ↩
  11. Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020), div. C (Emergency Family and Medical Leave Expansion Act) and div. E (Emergency Paid Sick Leave Act), § 5102(a)(1), (5) (Ex. FED-170; Ex. ECO-B-001); Department of Labor, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826, 85 Fed. Reg. 19326 (Apr. 6, 2020) (issued Apr. 1, 2020; effective Apr. 2, 2020; operational Apr. 1, 2020 through Dec. 31, 2020) (Ex. FED-171; Ex. ECO-B-002) (defining "quarantine or isolation order" to include stay-at-home orders). ↩
  12. Ex. FED-170 § 5109 (sunset Dec. 31, 2020); Ex. FED-171. ↩
  13. Proclamation 10014, 85 Fed. Reg. 23441 (Apr. 27, 2020) (signed Apr. 22, 2020; effective 11:59 p.m. EDT Apr. 23, 2020) (Ex. FED-210); Proclamation 10041 (signed May 24, 2020; effective 11:59 p.m. EDT May 26, 2020 as advanced by Proclamation 10042) (Ex. FED-204); Proclamation 10052, 85 Fed. Reg. 38263 (June 25, 2020) (signed June 22, 2020; effective 12:01 a.m. EDT June 24, 2020) (Ex. FED-211). ↩
  14. Ex. FED-217 (Apr. 22, 2020); Ex. FED-241 (May 22, 2020); Department of Homeland Security, Notifications of June 24, 2020, 85 Fed. Reg. 37744 (Canada) (Ex. FED-219) and 85 Fed. Reg. 37745 (Mexico) (Ex. FED-242) (in effect 12 a.m. EDT June 23 through 11:59 p.m. EDT July 21, 2020). ↩
  15. Executive Order 13909, 85 Fed. Reg. 16227 (Mar. 23, 2020) (signed Mar. 18, 2020) (Ex. FED-070); Executive Order 13917, 85 Fed. Reg. 26313 (May 1, 2020) (signed Apr. 28, 2020) (Ex. FED-073); Department of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures, 85 Fed. Reg. 17592 (Mar. 30, 2020) (signed Mar. 25, 2020) (Ex. FED-074). ↩
  16. Office of Management and Budget, Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264) ("the Government must immediately adjust operations and services to minimize face-to-face interactions"); Office of Management and Budget and Office of Personnel Management, Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268) ("Maximum Telework Flexibility"; facility screening of "Federal employees, contractors and visitors"; rescinded by M-21-25 on June 10, 2021); Office of Management and Budget, Memorandum M-21-25 (June 10, 2021) (Ex. FED-271). ↩
  17. Department of Transportation, Order 2020-4-2, Docket DOT-OST-2020-0037 (served Apr. 7, 2020; "through September 30, 2020") (Ex. AGY-AVIATION-SURFACE-028) (minimum service obligations attaching upon acceptance of CARES Act assistance under CARES Act § 4005). ↩
  18. Board of Governors of the Federal Reserve System, The Beige Book (Apr. 15, 2020) (Ex. ECO-A-104) ("Economic activity contracted sharply and abruptly across all regions in the United States as a result of the COVID-19 pandemic"; "Some other manufacturing industries, such as autos, mostly shut down"; Districts "reported widespread mandatory closures"). ↩
  19. The July 22, Aug. 21, Sept. 23, Oct. 22, Nov. 23 and Dec. 22, 2020 notifications (Canada, Ex. FED-220, Ex. FED-221, Ex. FED-222, Ex. FED-223, Ex. FED-224, Ex. FED-225; Mexico, Ex. FED-243, Ex. FED-244, Ex. FED-245, Ex. FED-246, Ex. FED-247, Ex. FED-248, as catalogued in the Library); the chain is recited in Ex. FED-232 and Ex. FED-255 (June 23, 2021). ↩
  20. Centers for Disease Control and Prevention, Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19, 85 Fed. Reg. 55292 (Sept. 4, 2020) (signed Sept. 1, 2020) (Ex. FED-022) (a landlord "shall not evict any covered person from any residential property"; criminal fines); Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, § 502 (extension to Jan. 31, 2021). ↩
  21. Ex. FED-170 § 5109; Ex. FED-171. ↩
  22. Pub. L. 116-260, div. M, tit. IV, 134 Stat. 1940 (Dec. 27, 2020) (Ex. SEC-22-006); Federal Aviation Administration, Airport Coronavirus Response Grant Program (CRRSAA) program page (Feb. 19, 2021) (Ex. SEC-22-003) ("these funds will then be available for these airports to provide relief from rent and minimum annual guarantees to on-airport car rental, on-airport parking, and in-terminal airport concessions"); Federal Aviation Administration, CRRSA Concessions Rent Relief Grants by airport (as of Sept. 20, 2024) (Ex. SEC-22-004) (context; the airport-by-airport record of the relief paid). ↩
  23. Proclamation 10143, 86 Fed. Reg. 7467 (Jan. 28, 2021) (signed Jan. 25, 2021; § 1(a) effective 12:01 a.m. EST Jan. 26, 2021; § 1(b) (South Africa) effective 12:01 a.m. EST Jan. 30, 2021) (Ex. FED-207). ↩
  24. Executive Order 13991, Protecting the Federal Workforce and Requiring Mask-Wearing (Jan. 20, 2021) (Ex. FED-060) (masks and distancing of every person "in Federal buildings or on Federal lands"); Executive Order 13998, Promoting COVID-19 Safety in Domestic and International Travel (Jan. 21, 2021) (Ex. FED-061); Office of Management and Budget, Memorandum M-21-15 (Jan. 24, 2021) (Ex. FED-270) ("No Federal workplace should operate above 25% of normal occupancy standards at any given time during periods of high community prevalence or transmission"; occupancy limit lifted June 10, 2021; masks, distancing and visitor minimization continued). ↩
  25. Centers for Disease Control and Prevention, Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country, 86 Fed. Reg. 7387 (Jan. 28, 2021) (signed Jan. 25, 2021; effective Jan. 26, 2021; in force to June 12, 2022) (Ex. FED-042). ↩
  26. Ex. FED-020; Department of Homeland Security, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System, 86 Fed. Reg. 8217 (Feb. 4, 2021) (signed Jan. 27, 2021) (Ex. FED-057); Ex. FED-050 (SD 1582/84-21-01, Jan. 31, 2021); Ex. FED-054 (SD 1542-21-01 (airports), Jan. 31, 2021) (every airport operator to give notice that "Federal law requires wearing a mask," to refuse entry and to report violators). ↩
  27. The Jan. 19, Feb. 23 and Mar. 19, 2021 notifications (Canada, Ex. FED-227, Ex. FED-228, Ex. FED-229; Mexico, Ex. FED-250, Ex. FED-251, Ex. FED-252, as catalogued in the Library), recited in Ex. FED-232 and Ex. FED-255. ↩
  28. Department of Transportation, Order 2021-1-5, Docket DOT-OST-2020-0037 (served Jan. 15, 2021; through Mar. 31, 2021) (Ex. AGY-AVIATION-SURFACE-033). ↩
  29. Occupational Safety and Health Administration, Direction DIR 2021-01 (CPL-03), National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (Mar. 12, 2021) (Ex. FED-082). ↩
  30. ARPA § 9651, 135 Stat. 176-77 (Ex. LAW-003; Ex. FED-174); ARPA § 7102(b)(4), 135 Stat. 97-98 (Ex. SEC-22-001); Ex. SEC-22-003 (Feb. 19, 2021). ↩
  31. Proclamation 10199, 86 Fed. Reg. 24297 (May 6, 2021) (signed Apr. 30, 2021; effective 12:01 a.m. EDT May 4, 2021) (Ex. FED-208). ↩
  32. The Apr. 22 and May 24, 2021 notifications (Canada, Ex. FED-230, Ex. FED-231; Mexico, Ex. FED-253, Ex. FED-254, as catalogued in the Library), and the June 23, 2021 notifications, 86 Fed. Reg. 32764 (Canada) (Ex. FED-232) and 86 Fed. Reg. 32766 (Mexico) (Ex. FED-255) (in effect 12 a.m. EDT June 22, 2021 through 11:59 p.m. EDT July 21, 2021). ↩
  33. Transportation Security Administration, Notification of Ratification of Security Directives and Emergency Amendment, 86 Fed. Reg. 26825 (May 18, 2021) (ratification executed and effective Apr. 20, 2021) (Ex. FED-056); Security Directive SD 1582/84-21-01A (Apr. 30, 2021; effective May 12, 2021; expiration Sept. 13, 2021) (Ex. FED-051) (applied "including those already vaccinated"). ↩
  34. Department of Transportation, Order 2021-4-13, Docket DOT-OST-2020-0037 (issued Apr. 29, 2021; effective May 14, 2021; through Sept. 30, 2021) (Ex. AGY-AVIATION-SURFACE-035) (issued under CARES Act §§ 4005 and 4114(b), Pub. L. 116-260 § 407 and ARPA § 7301). ↩
  35. Occupational Safety and Health Administration, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. §§ 1910.502, 1910.504, 1910.505, 1910.509, 86 Fed. Reg. 32376 (June 21, 2021) (effective June 21, 2021; compliance by July 6 and July 21, 2021; substantive provisions withdrawn Dec. 27, 2021) (Ex. FED-080) (applying "to all settings where any employee provides healthcare services or healthcare support services"). ↩
  36. Ex. ECO-A-101 (June 8, 2021). ↩
  37. Ex. SEC-22-002 (86 Fed. Reg. 31369, June 11, 2021); Ex. SEC-22-007 (June 22, 2021); Federal Aviation Administration, ARPA Concessions Rent Relief Grants by airport (as of Sept. 20, 2024) (Ex. SEC-22-005) (context). ↩
  38. Ex. FED-020, Ex. FED-051, Ex. FED-056, Ex. FED-042, Ex. FED-200, Ex. FED-201, Ex. FED-207, Ex. FED-208, Ex. FED-232, Ex. FED-255; Centers for Disease Control and Prevention, Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037); Centers for Disease Control and Prevention, Order extending the Temporary Halt in Residential Evictions (June 24, 2021; July 1 through July 31, 2021) (Ex. FED-025); Ex. FED-080; Ex. FED-060; Ex. FED-271 (M-21-25, June 10, 2021, superseding the occupancy limit of M-21-15, Ex. FED-270); Ex. AGY-AVIATION-SURFACE-035; Ex. FED-070, Ex. FED-073, Ex. FED-074. ↩
  39. Occupational Safety and Health Administration, Direction DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (July 7, 2021) (Ex. FED-083); Department of Homeland Security, Notifications of July 22, 2021, 86 Fed. Reg. 38556 (Canada) (Ex. FED-233) and 86 Fed. Reg. 38554 (Mexico) (Ex. FED-256); of Aug. 23, 2021, 86 Fed. Reg. 46964 (Ex. FED-234) and 86 Fed. Reg. 46963 (Ex. FED-257); of Sept. 22, 2021, 86 Fed. Reg. 52609 (Ex. FED-235) and 86 Fed. Reg. 52611 (Ex. FED-258) (each limiting travel to "essential travel" for the succeeding month); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Agency Model Safety Principles (rev. July 29, 2021) (Ex. FED-272); Safer Federal Workforce Task Force, Certification of Vaccination form (Aug. 6, 2021) (Ex. FED-278); Centers for Disease Control and Prevention, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons, 86 Fed. Reg. 42828 (Aug. 2, 2021) (Ex. FED-038); Centers for Disease Control and Prevention, Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19, 86 Fed. Reg. 43244 (Aug. 3, 2021; vacated Aug. 26, 2021) (Ex. FED-026); Security Directive SD 1582/84-21-01B (Aug. 20, 2021; effective Sept. 14, 2021; expiration Jan. 18, 2022) (Ex. FED-052); Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (Sept. 9, 2021) (Ex. FED-063) (contract clauses required in contracts entered into, extended, renewed or optioned on or after Oct. 15, 2021; cited as a September 2021 federal statement of the emergency and never as a third-quarter obligation); Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064); Office of Management and Budget, Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Ex. FED-275). ↩
  40. Ex. FED-025 (July 31, 2021), Ex. FED-026 (Aug. 26, 2021), Ex. FED-037 and Ex. FED-038 (Aug. 2, 2021), Ex. FED-051 and Ex. FED-052 (Sept. 14, 2021), Ex. AGY-AVIATION-SURFACE-035 (Sept. 30, 2021). ↩
  41. Proclamation 10294, 86 Fed. Reg. 59603 (Oct. 28, 2021) (signed Oct. 25, 2021; effective 12:01 a.m. EST Nov. 8, 2021) (Ex. FED-209) (revoking Proclamations 9984, 9992, 10143 and 10199); Department of Homeland Security, Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 58218 (Oct. 21, 2021) (Ex. FED-236) (admitting fully vaccinated non-essential travelers from Nov. 8, 2021; prohibition otherwise continued to Jan. 21, 2022). ↩
  42. Governor of New York, Executive Order No. 202.13 (Mar. 29, 2020) (Ex. NY-015) (construction narrowing "as of March 28, 2020"); Governor of New York, Executive Order No. 202.8 (Mar. 20, 2020; effective 8:00 p.m. Mar. 22, 2020) (Ex. NY-002) (100 percent in-person workforce reduction); Empire State Development, Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (construction section) (Mar. 27, 2020 revision) (Ex. SEC-09-001); New York State, Interim Guidance for Construction Activities During the COVID-19 Public Health Emergency (May 15, 2020) (Ex. SEC-09-017, Ex. NY-105) (mandatory from Phase One, May 15, 2020, to June 25, 2021). ↩
  43. Ex. SEC-09-002 (Executive Order No. 122, ¶¶ 2-3); Ex. SEC-09-003 (Executive Order No. 142, ¶¶ 1-3); Governor of New Jersey, Executive Order No. 192 (Oct. 28, 2020; effective 6:00 a.m. Nov. 5, 2020) (Ex. SEC-09-023, Ex. NJ-036); Governor of New Jersey, Executive Order No. 242 (May 24, 2021; effective May 28 and June 4, 2021) (Ex. NJ-050); Governor of New Jersey, Executive Order No. 243 (May 26, 2021; effective June 4, 2021) (Ex. NJ-051) (carrying the Executive Order 192 requirements for unvaccinated or unverified employees). ↩
  44. Commonwealth of Pennsylvania, Industry Operation Guidance: Life-Sustaining Businesses (Mar. 19, 2020) (Ex. SEC-09-007, Ex. PA-004) (NAICS sector 53: "Automotive Equipment Rental and Leasing" Yes; "Consumer Goods Rental" Yes; "General Rental Centers" Yes; "Commercial and Industrial Machinery and Equipment Rental and Leasing" Yes; residential, heavy and civil and specialty trade construction No); Governor of Pennsylvania, Order Regarding the Closure of All Businesses That Are Not Life Sustaining (Mar. 19, 2020) (Ex. PA-002); Commonwealth of Pennsylvania, Guidance for Businesses in the Construction Industry Permitted to Operate During the COVID-19 Disaster Emergency (Apr. 23, 2020; construction resumed statewide May 1, 2020) (Ex. SEC-09-008, Ex. PA-054); Secretary of Health, Worker Safety Order (Apr. 15, 2020) (Ex. PA-008); Secretary of Health, Order for Mitigation and Enforcement (Nov. 23, 2020; effective Nov. 27, 2020) (Ex. PA-022); Amendments of May 13, 2021 (sunset 12:01 a.m. May 31, 2021) (Ex. PA-035, Ex. PA-036). ↩
  45. Governor of Vermont, Addendum 6 to Executive Order 01-20 (Mar. 24, 2020; suspension of in-person operations 5:00 p.m. Mar. 25, 2020) (Ex. SEC-09-030, Ex. VT-010); Addendum 10 (Apr. 17, 2020; effective Apr. 20, 2020) (Ex. SEC-09-027, Ex. VT-015); Addendum 11 (Apr. 24, 2020; effective Apr. 27, 2020) (Ex. SEC-09-028, Ex. VT-016); Addendum 12 (May 1, 2020; Phase 3 effective May 4, 2020; crews of ten; full operations May 11, 2020) (Ex. SEC-09-029, Ex. VT-017). ↩
  46. City of Boston, Temporary Guidance for Construction in the City of Boston (construction moratorium) (Mar. 16, 2020; sites secured by Mar. 23, 2020) (Ex. SEC-09-024); City of Boston, COVID-19 Safety Plan - Compliance Affidavit (Apr. 27, 2020) (Ex. SEC-09-025); City of Boston, Letter to All Interested/Affected Parties: incremental expansion of allowed construction (May 5, 2020; all essential projects allowed to recommence May 26, 2020) (Ex. SEC-09-026); Governor of Massachusetts, COVID-19 Order No. 13 (Mar. 23, 2020; effective noon Mar. 24, 2020) (Ex. MA-008); COVID-19 Order No. 33 (May 18, 2020) (Ex. MA-017). ↩
  47. New York: Executive Order No. 202.3 (Mar. 16, 2020) (Ex. NY-010) (gatherings over fifty); Executive Order No. 202.10 (Mar. 23, 2020) (Ex. NY-005) (gatherings "of any size for any reason"); Executive Order No. 202.68 (Oct. 6, 2020) (Ex. NY-008) (cluster zones); Executive Order No. 202.74 (Nov. 12, 2020; effective 10:00 p.m. Nov. 13, 2020) (Ex. NY-037) (residential gatherings ten); Executive Order No. 202.111 (June 15, 2021) (Ex. NY-057). New Jersey: Ex. NJ-004 (Executive Order No. 107, ¶ 5); Executive Order No. 196 (Nov. 16, 2020; indoor limits effective 6:00 a.m. Nov. 17, 2020) (Ex. NJ-039); Ex. NJ-050 (Executive Order No. 242, ¶¶ 16-17, effective June 4, 2021). Pennsylvania: Orders for Individuals to Stay at Home (Mar. 23 and Apr. 1, 2020) (Ex. PA-005, Ex. PA-006); Yellow Phase Order (May 7, 2020) (Ex. PA-010); Green Phase Order (May 27, 2020) (Ex. PA-011); Targeted Mitigation Order (July 15, 2020) (Ex. PA-016); Amendment of Oct. 6, 2020 (Ex. PA-019); Ex. PA-022; Order Directing Limited-Time Targeted Mitigation (Dec. 10, 2020; Dec. 12, 2020 to Jan. 4, 2021) (Ex. PA-028); Ex. PA-035, Ex. PA-036. Massachusetts: COVID-19 Order No. 1 (Mar. 12, 2020) (Ex. MA-002); Ex. MA-008; COVID-19 Order No. 59 (Dec. 22, 2020; effective Dec. 26, 2020) (Ex. MA-040); COVID-19 Order No. 69 (May 28, 2021; rescissions effective May 29, 2021) (Ex. MA-048). Connecticut: Executive Order No. 7N (Mar. 26, 2020) (Ex. CT-010); Executive Order No. 9K (Nov. 5, 2020) (Ex. CT-031); Executive Order No. 12B (May 20, 2021) (Ex. CT-046). Rhode Island: Executive Order 20-05 (Mar. 16, 2020) (Ex. RI-004); Executive Orders 20-13 and 20-14 (Mar. 28, 2020; gatherings over five; non-critical retail closure Mar. 30, 2020) (Ex. RI-009, Ex. RI-010); Executive Orders 21-68 and 21-69 (June 18, 2021) (Ex. RI-043, Ex. RI-044); Executive Order 21-76 (July 6, 2021) (Ex. RI-047). Vermont: Addendum 4 (Mar. 20, 2020) (Ex. VT-008); Addendum 8 to Amended and Restated Executive Order 01-20 (Nov. 13, 2020; effective 10:00 p.m. Nov. 14, 2020) (Ex. VT-034); Governor's directive of June 14, 2021 (Ex. VT-098); Addendum 16 (May 14, 2021) (Ex. VT-043). Maine: Executive Order 14 FY 19/20 (Mar. 18, 2020) (Ex. ME-004); Executive Order 16 FY 20/21 (Nov. 4, 2020) (Ex. ME-042); Executive Order 38 FY 20/21 (May 13, 2021; limits lifted May 24, 2021) (Ex. ME-057). New Hampshire: Emergency Order #2 (Mar. 16, 2020) (Ex. NH-003); Emergency Order #16 (Mar. 23, 2020) (Ex. NH-008); Emergency Order #74 (Nov. 19, 2020; effective Nov. 20, 2020; expired Apr. 16, 2021) (Ex. NH-031); Emergency Order #90 (Apr. 16, 2021) (Ex. NH-038). ↩
  48. Ex. NY-002; Executive Order No. 202.5 (Mar. 18, 2020) (Ex. NY-012) (malls over 100,000 square feet closed Mar. 19, 2020); Interim Guidance for Curbside and In-Store Pickup Retail Business Activities (May 15, 2020) (Ex. NY-107); Interim Guidance for Essential and Phase II Retail Business Activities (May 29, 2020) (Ex. NY-125); Executive Order No. 202.108 (May 17, 2021; percentage caps ended May 19, 2021) (Ex. NY-054); Ex. NJ-004 ¶¶ 6, 9(e); Executive Order No. 122 (retail at fifty percent and masks from Apr. 10, 2020) (Ex. SEC-07-011); Executive Order No. 142 (curbside from May 18, 2020) (Ex. SEC-07-012); Executive Order No. 157 (June 26, 2020) (Ex. SEC-07-013); Ex. PA-002, Ex. PA-004, Ex. PA-008 (retail at fifty percent, masks, appointment-preferred from Apr. 19, 2020), Ex. PA-028; Ex. MA-008 (retail closed noon Mar. 24 to June 8, 2020); COVID-19 Order No. 13 (Ex. SEC-07-019); Ex. MA-040 (twenty-five percent from Dec. 26, 2020); Connecticut Executive Order No. 7H (Mar. 20, 2020; effective 8:00 p.m. Mar. 23, 2020) (Ex. CT-007); Executive Order No. 7J (Mar. 22, 2020) (Ex. CT-008); Executive Order No. 7S (Apr. 1, 2020) (Ex. CT-012) (Safe Stores rules); DECD Sector Rules for May 20th Reopen (May 18, 2020) (Ex. CT-078); Rhode Island DBR Critical and Non-Critical Retail Businesses List (rev. Apr. 3, 2020) (Ex. RI-074); Ex. VT-010 ¶ 6; Maine Executive Order 19 FY 19/20, § II(C) (Mar. 24, 2020) (Ex. ME-007) and Essential Business Operations Definitions (Ex. ME-008); New Hampshire Emergency Order #17 (Mar. 26, 2020; effective 11:59 p.m. Mar. 27, 2020) (Ex. NH-009); Retail - COVID-19 Reopening Guidance (May 1, 2020; fifty percent from May 11, 2020) (Ex. NH-049). ↩
  49. Governor of New York, Executive Order No. 205 (June 24, 2020; effective 12:01 a.m. June 25, 2020) (Ex. NY-006, Ex. ECO-C-001) (travelers from designated States "will be required to quarantine for a period of 14 days"; civil penalty up to $10,000); Department of Health, Interim Guidance for Quarantine Restrictions on Travelers Arriving in New York State Following Out of State Travel (June 24, 2020) (Ex. NY-077); Governor of Connecticut, Executive Order No. 7BBB (June 24, 2020; effective June 25, 2020) (Ex. ECO-C-006) and Executive Order No. 7III (July 21, 2020; effective 12:01 a.m. July 24, 2020) (Ex. CT-023, Ex. ECO-C-005) (mandatory fourteen-day self-quarantine and Travel Health Form; $1,000 civil penalty); Executive Order No. 9S (Dec. 18, 2020) (Ex. ECO-C-007); Executive Order No. 10D (Mar. 18, 2021; repeal effective Mar. 19, 2021) (Ex. CT-037); Governor of Massachusetts, COVID-19 Order No. 45 (July 24, 2020; effective 12:01 a.m. Aug. 1, 2020) (Ex. MA-025) ("all persons arriving in Massachusetts by any means or mode must quarantine for 14 days"; $500 per day); COVID-19 Order No. 66 (Mar. 18, 2021; effective Mar. 22, 2021) (Ex. MA-045); Governor of Rhode Island, Executive Order 20-10 (Mar. 23, 2020; effective 7:00 a.m. Mar. 24, 2020) (Ex. ECO-C-018); Executive Order 20-72 (Sept. 2, 2020) (Ex. RI-025); Ex. RI-043, Ex. RI-044, Ex. RI-047; Governor of Vermont, Addendum 7 to Executive Order 01-20 (Mar. 30, 2020) (Ex. VT-012, Ex. ECO-C-014); Governor's release of Nov. 10, 2020 (universal quarantine) (Ex. VT-080); Governor of Maine, Executive Order 34 FY 19/20 (Apr. 3, 2020) (Ex. ME-013, Ex. ECO-C-016) ("any person, resident or non-resident, traveling into Maine must immediately self-quarantine for 14 days"; Class E crime); Executive Order 57 FY 19/20 (June 9, 2020) (Ex. ME-026); Secretary of Health of Pennsylvania, Order for Mitigation Relating to Travel (Nov. 17, 2020; effective 12:01 a.m. Nov. 20, 2020) (Ex. PA-021) and Governor's Order Directing Travel Mitigation (Nov. 17, 2020) (Ex. PA-070); Termination (Mar. 1, 2021) (Ex. PA-032); Governor of New Hampshire, Emergency Order #72 (Nov. 14, 2020; effective Nov. 15, 2020) (Ex. NH-027); Ex. NH-038 (May 7, 2021). ↩
  50. Ex. NY-002 (DMV appointments cancelled 8:00 p.m. Mar. 20, 2020); Ex. NY-054 (county DMV appointment-only ended May 17, 2021); Executive Order No. 202.7 (Mar. 19, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-036) (remote notarization); New Jersey Motor Vehicle Commission public notice (captured Mar. 25, 2020) (Ex. NJ-107) (the Commission's own notice of the closure of "all ... agencies, road testing, and inspection facilities" to the public from Mar. 16, 2020, cited as the record of that closure; the reopening came July 7, 2020); New Jersey P.L. 2020, c. 26 (Apr. 14, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-038, Ex. ECO-C-114) (remote notarial acts); PennDOT release (Mar. 16, 2020) (Ex. PA-102) (the Department's own record of the closure of every driver license and photo license center from the close of business Mar. 16, 2020); Governor of Connecticut, Executive Order No. 7C, § 7 (Mar. 15, 2020) (Ex. CT-003); Connecticut DMV Notice and Order of Extension or Waiver (Mar. 20, 2020) (Ex. CT-062); Governor of Vermont, Gubernatorial Directive 3 to the Department of Motor Vehicles (Mar. 18, 2020) (Ex. VT-006); Rhode Island DMV Expiration Date Extensions Orders (Mar. 17, Mar. 30, Apr. 24, May 26, June 26, July and Aug. 2020) (Ex. RI-086, Ex. RI-087, Ex. RI-088); Massachusetts ch. 71 of the Acts of 2020 (Apr. 23, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-039) and ch. 20 of the Acts of 2021, § 7 (June 16, 2021; remote notarization to Dec. 15, 2021) (Ex. AGY-ST-DMV-SOS-RECORDERS-040); New Hampshire Emergency Order #29 (Apr. 9, 2020) (Ex. NH-014); Maine Executive Order 18 FY 19/20 (Mar. 23, 2020) (Ex. ME-006). ↩
  51. Governor of Delaware, Fourth Modification of the Declaration of a State of Emergency, ¶¶ 6.o, 7-8 (Mar. 22, 2020; effective 8:00 a.m. Mar. 24, 2020) (Ex. DE-005); Fifth Modification (Mar. 22, 2020; effective Mar. 24, 2020) (Ex. DE-006) ("All travel ... except Essential Travel" prohibited); Tenth Modification (Apr. 6, 2020; effective Apr. 7, 2020) (Ex. DE-013) (curbside forbidden for closed categories); Twentieth Modification (May 31, 2020; effective June 1, 2020) (Ex. DE-024); Twenty-Ninth Modification (May 18, 2021; effective May 21, 2021; terminated July 13, 2021) (Ex. DE-038). ↩
  52. Governor of Maryland, Order No. 20-04-05-02, Delegating Authority to Local Health Officials to Control and Close Unsafe Facilities (Apr. 5, 2020) (Ex. MD-039); Order No. 20-03-23-01 (Mar. 23, 2020) (Ex. MD-005) (non-essential retail closed 5:00 p.m.); Interpretive Guidance COVID19-04 (Mar. 23, 2020) (Ex. MD-006); Order No. 20-03-30-01 (Stay-at-Home Order) (Mar. 30, 2020) (Ex. MD-007); Maryland Department of Health, Amended Directive and Order Regarding Community, Recreational, Leisure, Cultural and Sporting Gatherings and Events, No. MDH 2020-06-12-01 (June 12, 2020) (Ex. MD-046) ("Convention events are prohibited until further notice"); Order No. 20-05-13-01 (May 13, 2020) (Ex. MD-010) (retail at fifty percent from May 15, 2020); Order No. 21-03-09-01 (Mar. 9, 2021; capacity limits lifted 5:00 p.m. Mar. 12, 2021) (Ex. MD-026). ↩
  53. Governor of Virginia, Executive Order 55 (Mar. 30, 2020) (Ex. VA-006) (temporary stay at home order; Executive Order 53's ten-patron retail limit and gathering prohibition "including parties, celebrations, religious, or other social events" recited); Virginia Department of Labor and Industry, 16VAC25-220, Emergency Temporary Standard (adopted July 15, 2020; effective July 27, 2020) (Ex. SEC-09-012); 16VAC25-220, Final Permanent Standard (Jan. 13, 2021; effective Jan. 27, 2021) (Ex. VA-037); amendments effective Sept. 8, 2021 (Ex. VA-038); Executive Order 72 and Order of Public Health Emergency Nine (Dec. 10, 2020; effective Dec. 14, 2020) (Ex. VA-016) (gatherings of ten; midnight-to-5:00 a.m. curfew; "If any such business cannot adhere to these requirements, it must close"); Executive Order 79 and Order of Public Health Emergency Ten (May 14, 2021; restrictions ended May 28, 2021) (Ex. VA-017, Ex. VA-029). ↩
  54. Governor of Kentucky, Executive Order 2020-246 (Mar. 22, 2020; effective 8:00 p.m. Mar. 23, 2020) (Ex. KY-008, Ex. SEC-07-018) (closing non-life-sustaining retail by NAICS list); Cabinet for Health and Family Services, Order of March 19, 2020 (Mass Gatherings Order) (Ex. KY-006); Executive Order 2020-257 (Healthy at Home) (Mar. 25, 2020; effective 8:00 p.m. Mar. 26, 2020) (Ex. KY-010); Executive Order 2020-258 (Mar. 30, 2020) (Ex. KY-011); Executive Order 2020-266 (Apr. 2, 2020) (Ex. KY-013); Executive Order 2020-315 (May 6, 2020) (Ex. KY-016); Healthy at Work Requirements for Retail, Version 1.0 (May 20, 2020; retail at thirty-three percent) (Ex. KY-064); Healthy at Work Requirements for Construction, Version 1.1 (May 11, 2020) (Ex. KY-066); Executive Order 2021-386 (June 11, 2021) (Ex. KY-049). ↩
  55. Governor of Louisiana, Proclamation 33 JBE 2020 (Mar. 22, 2020) (Ex. LA-005) (§ 3(C): CISA critical infrastructure "may remain in full operation"; all non-CISA retail reduced to minimum public contact; ten-person gathering limit); Proclamation 93 JBE 2021 (May 25, 2021; effective May 26, 2021) (Ex. LA-032) (ending the general business rules), with its companion Proclamation 94 JBE 2021 (Ex. LA-033); Proclamation 137 JBE 2021 (Aug. 2, 2021; effective Aug. 4, 2021) (Ex. LA-036); Proclamation 167 JBE 2021 (Aug. 31, 2021) (Ex. LA-038); Proclamation 181 JBE 2021 (Sept. 28, 2021; to Oct. 27, 2021) (Ex. LA-040). ↩
  56. Mayor of the District of Columbia, Mayor's Order 2020-053 (Mar. 24, 2020) (Ex. DC-005) (non-essential businesses closed 10:00 p.m. Mar. 25, 2020; gatherings of ten or more prohibited); Mayor's Order 2020-054 (Mar. 30, 2020; effective 12:01 a.m. Apr. 1, 2020) (Ex. DC-006) (stay-at-home); DC Health, COVID-19 Guidance for Travel (Dec. 14, 2020) (Ex. DC-050) (the mandatory quarantine and testing regime under Mayor's Orders 2020-081 and 2020-110; lifted May 21, 2021); Situational Update Presentation (May 17, 2021) (Ex. DC-073) (announcing the May 21, 2021 lifting); DC DMV appointment-only notice (from June 23, 2020) (Ex. DC-082) (the Department's own record of its appointment-only operation to July 19-20, 2021); Mayor's Order 2021-097 (July 29, 2021; effective 5:00 a.m. July 31, 2021) (Ex. DC-057). ↩
  57. Ex. TX-008 (Executive Order GA-14, Mar. 31, 2020; effective 12:01 a.m. Apr. 2, 2020) (incorporating CISA Version 2.0; non-essential in-store retail closed); Executive Order GA-18, ¶ 2(i) (Apr. 27, 2020) (Ex. TX-011) (retail at twenty-five percent from May 1, 2020; local permitting and recording offices restored); Executive Order GA-34 (Mar. 2, 2021; effective 12:01 a.m. Mar. 10, 2021) (Ex. TX-029); Executive Orders GA-11 (Mar. 26, 2020; effective noon Mar. 28, 2020) (Ex. TX-006) and GA-12 (Mar. 29, 2020; effective noon Mar. 30, 2020) (Ex. TX-007) (air travelers from New York, New Jersey, Connecticut and New Orleans and road travelers from Louisiana quarantined fourteen days under Department of Public Safety enforcement; terminated by GA-24 on May 21, 2020 (Ex. TX-017)); Texas Department of Motor Vehicles, notice that the Temporary Waiver of Vehicle Title and Registration Requirements ends Apr. 14, 2021 (Ex. TX-069) (the Department's own record of the Governor's waiver in force from Mar. 16, 2020 to Apr. 14, 2021); Governor's suspension of statutes to permit notarial acts by videoconference (Apr. 8, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-044). ↩
  58. Governor of Florida, Executive Order 20-89 (Mar. 30, 2020) (Ex. FL-017); Executive Order 20-91 (Apr. 1, 2020; effective 12:01 a.m. Apr. 3, 2020) (Ex. FL-010) ("A social gathering in a public space is not an essential activity"); Executive Order 20-112 (Apr. 29, 2020; effective May 4, 2020) (Ex. FL-022) (retail at twenty-five percent); Executive Order 20-123 (May 14, 2020) (Ex. FL-027); Executive Order 20-139 (June 3, 2020) (Ex. FL-034); Executive Order 20-80 (Mar. 23, 2020) (Ex. FL-011); Executive Order 20-82 (Mar. 24, 2020) (Ex. FL-012); Executive Order 20-86 (Mar. 27, 2020) (Ex. FL-015) (Louisiana road travelers; Interstate 10 and 95 checkpoints); Executive Order 20-192 (Aug. 5, 2020) (Ex. FL-042) (rescission); Executive Order 20-244 (Sept. 25, 2020) (Ex. FL-047); Executive Order 21-102 (May 3, 2021) (Ex. FL-060); Executive Order 21-101 (May 3, 2021) (Ex. FL-059); Chapter 2021-8, Laws of Florida (SB 2006) (May 3, 2021; effective July 1, 2021) (Ex. FL-030) (§ 381.00316). ↩
  59. Governor of Georgia, Executive Order 03.23.20.01 (Mar. 23, 2020) (Ex. GA-005); Executive Order 04.02.20.01 (Apr. 2, 2020) (Ex. GA-010); Executive Order 04.08.20.04 (Apr. 8, 2020; effective Apr. 9, 2020; to Apr. 30, 2020) (Ex. GA-014) (vacation-rental ban); Executive Orders 04.20.20.01 and 04.23.20.02 (Ex. GA-017, Ex. GA-018) (retail "shall" limit patrons to fifty percent of fire capacity or eight per 1,000 square feet from May 1, 2020); Executive Order 06.11.20.01 (June 11, 2020) (Ex. GA-024) (gatherings of fifty from June 16, 2020); Executive Order 03.31.21.03 (Mar. 31, 2021; effective Apr. 8, 2021) (Ex. GA-034); Executive Order 08.19.21.03 (Aug. 19, 2021) (Ex. GA-043). ↩
  60. Governor of South Carolina, Executive Order No. 2020-18 (Apr. 3, 2020; retail closures 5:00 p.m. Apr. 6, 2020) (Ex. SC-011); Executive Order No. 2020-21 (Apr. 6, 2020; effective 5:00 p.m. Apr. 7, 2020) (Ex. SC-013) (Home or Work Order; five customers per 1,000 square feet or twenty percent); Executive Order No. 2020-14 (Mar. 27, 2020) (Ex. SC-007) (fourteen-day quarantine of arrivals from New York, New Jersey, Connecticut or New Orleans; enforceable under S.C. Code § 16-7-10(A)); Executive Order No. 2020-30 (May 1, 2020) (Ex. SC-017) (rescission); Executive Order No. 2020-19 (Apr. 3, 2020) (Ex. SC-012) (lodging booking ban to May 1, 2020); Executive Order No. 2020-13 (Mar. 23, 2020) (Ex. SC-006) (dispersal of gatherings of three or more); Executive Order No. 2020-50 (Aug. 2, 2020) (Ex. SC-027) (gatherings fifty percent or 250 with masks); Executive Order No. 2021-12 (Mar. 5, 2021) (Ex. SC-033). ↩
  61. Tennessee: Executive Order No. 22 (Mar. 30, 2020) (Ex. TN-007) (non-essential retail closed to the public Mar. 31 to Apr. 28, 2020; gatherings of ten or more prohibited; Attachment A ¶¶ 4, 14 naming construction-related services and critical trades essential); Tennessee Pledge: Retail Industry guidelines (Apr. 28, 2020) (Ex. TN-055); Executive Order No. 15 (Mar. 19, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-005) (driver license extensions). North Carolina: Executive Order No. 121 (Mar. 27, 2020; effective 5:00 p.m. Mar. 30, 2020) (Ex. NC-005) ("Only travel for Essential Activities as defined herein is permitted"; gatherings over ten prohibited; essential retail only); Executive Order No. 215 (May 14, 2021) (Ex. NC-029); Session Law 2020-3, §§ 4.1, 4.7 (May 4, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-043) (credential, dealer-plate and temporary-tag extensions). Mississippi: Executive Order 1466 (Apr. 1, 2020) (Ex. MS-009) (shelter in place; non-essential retail closed Apr. 3 to Apr. 17, 2020; "Essential Travel" only to June 1, 2020); Executive Order 1467 (Apr. 6, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-113) (remote notarization). Oklahoma: Fourth Amended Executive Order 2020-07 (Mar. 24, 2020) (Ex. OK-006); Seventh Amended Executive Order 2020-07 (Apr. 1, 2020) (Ex. OK-011) (carrying the Sixth Amended Order's ¶ 26 quarantine of air arrivals "from an area with substantial community spread, to include the New York Tri-State Area ..., the state of Washington, California, and Louisiana"); Oklahoma Essential Industries List (Apr. 1, 2020) (Ex. OK-014); Fourth, Fifth and Sixth Amended Executive Orders 2020-13 (Apr. 24, Apr. 30 and May 12, 2020) (Ex. OK-022, Ex. OK-023, Ex. OK-025); First Amended Executive Order 2021-07 (Mar. 12, 2021) (Ex. OK-039). Arkansas: Executive Order 20-13 (Apr. 4, 2020; effective Apr. 6, 2020) (Ex. AR-003); Secretary of Health Directive, Limitations on Gatherings (Mar. 26, 2020) (Ex. AR-038); ADH Directive for Travelers from "Hot Spot" and International Locations (May 14, 2020) (Ex. AR-047); ADH Face Coverings Directive (July 18, 2020; effective July 20, 2020) (Ex. AR-060); ADH Face Coverings Guidance (converted to guidance Apr. 1, 2021) (Ex. AR-070). Alabama: Order of the State Health Officer (Mar. 19, 2020) (Ex. AL-005) (gatherings of twenty-five or more); Amended Mar. 27, 2020 (Ex. AL-011) (non-work gatherings of ten or more; furniture, clothing, jewelry, department, sporting-goods and book stores closed 5:00 p.m. Mar. 28, 2020); Amended Apr. 3, 2020 (Stay at Home Order) (Ex. AL-013) (essential businesses include "automotive sales and repair, vehicle rental and taxi services"); Amended Apr. 28, 2020 (Safer at Home) (Ex. AL-017) (all retail at fifty percent from Apr. 30, 2020); Amended Apr. 7, 2021 (Safer Apart) (Ex. AL-049). West Virginia: Executive Order 9-20 (Mar. 23, 2020; effective 8:00 p.m. Mar. 24, 2020) (Ex. WV-009); Executive Order 14-20 (Mar. 30, 2020; effective Mar. 31, 2020) (Ex. WV-012); Executive Order 39-20 (May 19, 2020) (Ex. WV-033) (terminating the quarantine May 21, 2020; retail reopened May 21, 2020); Executive Order 12-21 (Apr. 19, 2021; terminations effective Apr. 20, 2021) (Ex. WV-063). ↩
  62. Arkansas Executive Order 20-37, ¶ 5 (June 18, 2020) (Ex. AR-007); Florida Ex. FL-047, Ex. FL-060, Ex. FL-030; Georgia Ex. GA-010, Ex. GA-043; South Carolina Ex. SC-006 (§ 1(G) of every order), Act No. 94 of 2021, Part IB, Provisos 1.108 and 117.190 (June 30, 2021; effective July 1, 2021) (Ex. SC-045); Tennessee Public Chapter No. 550 (June 2, 2021) (Ex. TN-065); Texas Ex. TX-008 (conflict preemption from Apr. 2, 2020), Executive Order GA-38 (July 29, 2021) (Ex. TX-036). Nine Southern jurisdictions did not preempt, and seven affirmatively authorized stricter local orders (Delaware, Kentucky, Louisiana, Maryland, North Carolina, Oklahoma, Virginia, West Virginia and the District). ↩
  63. Governor of Michigan, Executive Order 2020-21 (Stay Home, Stay Safe) (Mar. 23, 2020; effective 12:01 a.m. Mar. 24, 2020) (Ex. SEC-09-031); Executive Order 2020-42, §§ 8, 9(b) (Apr. 9, 2020) (Ex. SEC-07-022, Ex. MI-017) ("This order does not adopt any subsequent guidance document released by this same agency"; suppliers "whose continued operation is necessary to enable, support, or facilitate another business's or operation's critical infrastructure work"; "All other travel is prohibited, including all travel to vacation rentals"); Executive Order 2020-70, § 11(g), (i) (May 1, 2020; construction provisions 12:01 a.m. May 7, 2020) (Ex. SEC-09-033); Executive Order 2020-96 (May 21, 2020) (Ex. MI-030) (retail by appointment from May 26, 2020); Executive Order 2020-97 (May 21, 2020) (Ex. SEC-09-034) (workplace safeguards); MIOSHA Emergency Rules, Coronavirus Disease 2019 (Oct. 14, 2020) (Ex. MI-054); MDHHS Gatherings and Face Mask Orders (Oct. 29, 2020; Nov. 15, 2020, effective Nov. 18, 2020; Jan. 13, 2021) (Ex. MI-059, Ex. MI-060, Ex. MI-063); MDHHS Rescission of Emergency Orders (June 17, 2021; effective June 22, 2021) (Ex. MI-076); MIOSHA Citation and Notification of Penalty issued to an equipment rental and sales business for violations of the COVID-19 Emergency Rules (published May 2021) (Ex. AGY-ST-LABOR-WORKPLACE-065) (the regulator's enforcement of the emergency rules against an employer of this industry's class). ↩
  64. Ex. IL-005 ¶¶ 3-4, 12(o); Executive Order 2020-04 (Mar. 13, 2020) (Ex. IL-002); Executive Order 2020-07 (Mar. 16, 2020) (Ex. IL-004); Executive Order 2020-18 (Apr. 1, 2020) (Ex. IL-009) (extension); Executive Order 2020-32 (Apr. 30, 2020) (Ex. IL-013) (pickup outside the store; gatherings over ten prohibited); Executive Order 2020-38 (May 29, 2020) (Ex. IL-016) (retail at fifty percent); Executive Order 2020-43 (June 26, 2020) (Ex. IL-019) (gatherings over fifty prohibited); Executive Order 2020-73 (Nov. 18, 2020; effective 12:01 a.m. Nov. 20, 2020) (Ex. IL-031) (Tier 3); Executive Order 2021-10 (May 17, 2021) (Ex. IL-036); Executive Order 2021-12 (June 11, 2021) (Ex. IL-037); Ex. IL-042 (Executive Order 2021-20); Ex. IL-043 (Executive Order 2021-22); Chicago Department of Public Health, Public Health Order No. 2020-10 (Emergency Travel Order) (July 2, 2020; effective 12:01 a.m. July 6, 2020; converted to an advisory June 29, 2021) (Ex. MET-CHI-019, Ex. ECO-C-031); Illinois Secretary of State, Driver Services closure notice (Mar. 17, 2020) (Ex. IL-053) and releases of Mar. 16, 2020, Nov. 2020, Dec. 2020 and Jan. 4, 2021 (Ex. IL-055, Ex. IL-056, Ex. IL-057, Ex. IL-058) (the Secretary's own records of the closures of Mar. 17 to May 31, 2020 and Nov. 17, 2020 to Jan. 4, 2021, with expirations extended by executive order). ↩
  65. Ohio Department of Health, Director's Stay at Home Order, ¶¶ 3, 4, 12(k), 12(r), 15 (Mar. 22, 2020; effective 11:59 p.m. Mar. 23, 2020) (Ex. OH-011); Amended Director's Stay At Home Order (Apr. 2, 2020) (Ex. OH-014); Director's Order to Limit and/or Prohibit Mass Gatherings (Mar. 12, 2020) (Ex. OH-002) and Amended Order (Mar. 17, 2020) (Ex. OH-006); Director's Stay Safe Ohio Order (Apr. 30, 2020; retail 12:01 a.m. May 12, 2020) (Ex. OH-019); Director's Updated and Revised Order for Business Guidance and Social Distancing (May 29, 2020) (Ex. OH-025); Director's Order for Facial Coverings throughout the State of Ohio (July 23, 2020) (Ex. OH-030); Director's Order for Retail and Business Compliance for Facial Coverings (Nov. 13, 2020; effective 12:01 a.m. Nov. 16, 2020) (Ex. OH-037, Ex. SEC-07-037); Revised Order to Limit and/or Prohibit Mass Gatherings (Nov. 15, 2020) (Ex. OH-038); Director's Stay at Home Tonight Order (Nov. 19, 2020) (Ex. OH-039); First Amended Revised Order (Mar. 2, 2021) (Ex. OH-043); Director's Order Rescinding Various Orders (Apr. 5, 2021) (Ex. OH-046); Director's Order Rescinding Various Orders (June 1, 2021; effective June 2, 2021) (Ex. OH-050); Am. Sub. H.B. 197, § 11 (Mar. 27, 2020) (Ex. OH-012) (extending every State and local license). ↩
  66. Governor of Minnesota, Emergency Executive Order 20-20, ¶ 6.x (Mar. 25, 2020; effective 11:59 p.m. Mar. 27, 2020) (Ex. MN-010); Emergency Executive Order 20-33 (Apr. 8, 2020) (Ex. MN-012); Emergency Executive Order 20-40 (Apr. 23, 2020) (Ex. MN-015) (Department of Labor and Industry closure orders and $25,000 civil penalties); Emergency Executive Order 20-48 (Apr. 30, 2020; curbside from May 4, 2020) (Ex. SEC-07-016); Emergency Executive Order 20-56 (May 13, 2020; effective 11:59 p.m. May 17, 2020) (Ex. SEC-07-017, Ex. MN-022) (retail at fifty percent under a certified Preparedness Plan; gatherings above ten prohibited); Emergency Executive Order 20-99 (Nov. 18, 2020; effective 11:59 p.m. Nov. 20, 2020) (Ex. MN-032); Emergency Executive Order 21-21 (May 6, 2021; Step 2 May 27, 2021) (Ex. MN-038); Minnesota Department of Public Safety, Driver and Vehicle Services offices closed statewide until May 4, 2020 (Ex. MN-056) (the Department's own record of the closure under the Governor's orders). ↩
  67. Governor of Kansas, Executive Order 20-16 (Mar. 28, 2020; effective 12:01 a.m. Mar. 30, 2020) (Ex. KS-009, Ex. KS-010) ("all individuals within the state of Kansas ... to stay in their homes"; work confined to Kansas Essential Function Framework functions; telework "to the extent possible"); State of Disaster Emergency Proclamation of May 26, 2020 (Ex. KS-023) (no order "will be used to restrict businesses from operating or to restrict the movement or gathering of individuals"); Executive Order 20-52 (July 2, 2020; effective 12:01 a.m. July 3, 2020) (Ex. KS-030) ("all businesses or organizations in Kansas must require all employees, customers, visitors, members, or members of the public to wear a mask"; revoked Mar. 31, 2021 by SB 40); Executive Order 20-55 (July 8, 2020) (Ex. KS-031) (driver's license and registration extensions); Kansas Department of Health and Environment, travel and exposure quarantine mandate (list as updated Sept. 23, 2021) (Ex. KS-057) (the mandate as in force from March 2020, with the list revised roughly every two weeks; the exhibit is the list in force in the third quarter of 2021). ↩
  68. Governor of Indiana, Executive Order 20-08 (Mar. 23, 2020; effective 11:59 p.m. Mar. 24, 2020) ("Only Essential Travel and Essential Activities ... are permitted"; "Any gathering of more than ten (10) people is hereby prohibited"; non-essential retail ceased except Minimum Basic Operations) (Ex. IN-006), continued by Executive Order 20-12 (Mar. 26, 2020) (Ex. IN-010) and Executive Order 20-14 (Mar. 31, 2020) (Ex. IN-012); Executive Order 20-18 (Apr. 6, 2020; retail restriction from 11:59 p.m. Apr. 7, 2020) ("all other retail businesses not included above as selling the necessities of life may remain open only for online or call-in ordering with delivery or curbside pickup"; all employers to comply with IOSHA standards) (Ex. IN-016); Executive Orders 20-22, 20-26 and 20-32 (Apr. 20, May 1 and June 11, 2020) (Ex. IN-020, Ex. IN-024, Ex. IN-030) (the Back on Track stages); Indiana Bureau of Motor Vehicles, news release announcing the two-week branch closure from Mar. 24, 2020 (Ex. AGY-ST-DMV-SOS-RECORDERS-002) and the release of May 8, 2020 announcing the appointment-only reopening from May 11, 2020 (Ex. AGY-ST-DMV-SOS-RECORDERS-003) (the Bureau's own records of the closure and reopening it imposed under the Governor's orders, cited as the record of those actions and not as orders); Indiana Department of Health, COVID-19 Control Measures under 410 IAC 1 (updated July 19, 2021; given executive-order status Aug. 1, 2021 by Executive Order 21-19) (Ex. IN-092); Executive Order 21-09 (Mar. 31, 2021) (Ex. IN-059). ↩
  69. Iowa: Proclamation of Disaster Emergency (Mar. 17, 2020) (Ex. IA-002) (gatherings over ten prohibited; license, registration and title deadlines suspended); Proclamation of Mar. 26, 2020 (Ex. IA-005) (retail closures 10:00 p.m. Mar. 26, 2020); Proclamation of Apr. 6, 2020 (Ex. IA-008) (malls and additional stores closed 8:00 a.m. Apr. 7, 2020); Proclamations of Apr. 27, May 13 and June 10, 2020 (Ex. IA-012, Ex. IA-015, Ex. IA-018); Proclamation of Nov. 16, 2020 (effective 12:01 a.m. Nov. 17, 2020) (Ex. IA-030); Proclamation of Dec. 16, 2020 (Ex. IA-033). Wisconsin: Emergency Order #12 (Safer at Home), §§ 2, 3, 5, 13 (Mar. 24, 2020; effective Mar. 25, 2020) (Ex. WI-002) ("All forms of travel are prohibited, except for Essential Travel"); Wisconsin Legislature v. Palm, 2020 WI 42 (May 13, 2020) (Ex. WI-007); Emergency Order #3 (Oct. 6, 2020; effective Oct. 8, 2020) (Ex. WI-012) (public gatherings at twenty-five percent of occupancy); Wisconsin Department of Transportation news release (Mar. 19, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-007) (the Department's own record of the closure of its service centers Mar. 20, 2020 and appointment-only reopening Mar. 23, 2020 with sixty-day automatic extensions). Missouri: DHSS Director's Order of April 3, 2020 (Stay Home Missouri) (effective 12:01 a.m. Apr. 6, 2020) (Ex. MO-004); Director's Order of Apr. 27, 2020 (Ex. MO-006); Director's Order of May 28, 2020 (to June 15, 2020) (Ex. MO-007). Nebraska: Directed Health Measure Order 2020-001 (Mar. 19, 2020) (Ex. NE-002); Directed Health Measure Order 2020-009 (Apr. 3, 2020) (Ex. NE-008); Executive Order No. 20-05 (Mar. 19, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-006) ("counties have continued to close local offices"); Executive Order 20-30 (July 2, 2020) (Ex. NE-058); Directed Health Measure Order 2020-SCHD-012 (Nov. 9, 2020; effective Nov. 11, 2020) (Ex. NE-021); DHHS COVID-19 Weekly Update (May 26, 2021) (Ex. NE-095) (end of the directed health measures May 24, 2021). North Dakota: State Health Officer Confinement Order 2020-02.1 (Apr. 8, 2020) (Ex. ND-021); Executive Order 2020-06 (Mar. 19, 2020) (Ex. ND-005); Executive Order 2020-36.1 (Aug. 10, 2020) (Ex. ND-052) (driver-license and registration validity extended); Ex. FED-216, Ex. FED-232, Ex. FED-233, Ex. FED-234, Ex. FED-235, Ex. FED-236 (the Canadian ports of entry). South Dakota: Executive Order 2020-11 (Apr. 2, 2020) (Ex. SD-008); Executive Order 2020-12 (Apr. 6, 2020) (Ex. SD-009); Executive Order 2021-08 (Apr. 20, 2021) (Ex. SD-030) (driver-license exam stations and expirations). ↩
  70. No Midwestern State barred local COVID-19 orders during the claimable quarters, and each State's general orders preserved stricter local rules in terms. See Ex. KS-009 (superseding local stay-home orders Mar. 30 to May 3, 2020 only); Ex. MO-021 (RSMo 67.265, June 15, 2021, time-limiting local orders without barring them); Ex. WI-024 (Becker v. Dane County, 2022 WI 63 (July 8, 2022), confirming the county orders lawful). ↩
  71. Governor of Washington, Proclamation 20-25 (Mar. 23, 2020; non-essential business closures midnight Mar. 25, 2020) (Ex. WA-016) (all gatherings "regardless of the number of people involved"); Washington Essential Critical Infrastructure Workers list (Proclamation 20-25 Appendix) (Ex. WA-017); Governor's Memorandum: Construction Guidance - Stay Home, Stay Healthy Proclamation (20-25) (Mar. 25, 2020) (Ex. SEC-09-004); Phase 1 Construction Restart COVID-19 Job Site Requirements (Apr. 24, 2020) (Ex. SEC-09-005); Memorandum: Implementation of Phase 1 Construction Restart (Apr. 24, 2020) (Ex. WA-029); Department of Labor and Industries, emergency rule WAC 296-800-14035 (adopted May 26, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-050) ("Employers must comply with all conditions for operation required by emergency proclamation"), readopted Dec. 16, 2020 (Ex. WA-099), May 24, 2021 (Ex. WA-067), July 6, 2021 (Ex. AGY-ST-LABOR-WORKPLACE-054) and Aug. 23, 2021 (Ex. AGY-ST-LABOR-WORKPLACE-055); Proclamation 20-25.3 (May 4, 2020) (Ex. WA-031) (curbside retail); Proclamation 20-25.8 (Nov. 15, 2020; effective 12:01 a.m. Nov. 17, 2020) (Ex. WA-047); Healthy Washington - Roadmap to Recovery (May 18, 2021) (Ex. WA-064); Proclamation 20-25.13 (May 21, 2021) (Ex. WA-065); Proclamation 20-25.14 (July 1, 2021) (Ex. WA-072); Order of the Secretary of Health 20-03.4 (Aug. 19, 2021; effective Aug. 23, 2021) (Ex. WA-078); Proclamation 20-25.15 (Aug. 20, 2021; effective Aug. 23, 2021) (Ex. WA-080); Port of Seattle temporary suspension of approximately twenty construction projects (Apr. 9-13, 2020) pending review of contractors' COVID-19 jobsite safety plans (announced Apr. 8, 2020) (Ex. AGY-AVIATION-SURFACE-049) (the Port's own record of the suspension it imposed as owner of the sites); Port of Seattle face-covering policy for Seattle-Tacoma International Airport (announced May 10, 2020; effective May 18, 2020) (Ex. AGY-AVIATION-SURFACE-047); Port of Seattle Commission emergency relief package and eviction bar for Port tenants (Apr. 1, 2020) (Ex. AGY-AVIATION-SURFACE-048); SEA airport implementation of the Nov. 17, 2020 statewide restrictions (retail occupancy reduced from thirty to twenty-five percent) (Ex. AGY-AVIATION-SURFACE-050). ↩
  72. Governor of California, Executive Order N-33-20 with the Order of the State Public Health Officer of March 19, 2020 (Ex. CA-007); Essential Critical Infrastructure Workers list (Mar. 22, 2020) (Ex. CA-008); State Public Health Officer Order of May 7, 2020 (Ex. CA-015) (curbside retail from May 8, 2020); State Public Health Officer Order of August 28, 2020 (Blueprint for a Safer Economy) (effective Aug. 31, 2020) (Ex. CA-017); Regional Stay at Home Order (Dec. 3, 2020) (Ex. CA-020); Blueprint tiers chart (Apr. 2, 2021) (Ex. CA-055); Executive Order N-07-21 (June 11, 2021; effective June 15, 2021) (Ex. CA-027); State Public Health Officer Order of June 11, 2021 (Beyond the Blueprint) (Ex. CA-029); Order of the Health Officer of the City and County of San Francisco No. C19-07b (Mar. 31, 2020; effective 11:59 p.m.) (Ex. MET-SFO-002) and Order of the Health Officer of the County of Marin (Mar. 31, 2020) (Ex. MET-SFO-047) (construction limited to essential projects; the coordinated Bay Area orders), with the parallel Order of the Health Officer of the County of Santa Clara (Mar. 31, 2020); Appendices B-1 and B-2 to the Bay Area Health Officers' Orders of Apr. 29, 2020 (effective May 4, 2020) (Small and Large Construction Project Safety Protocols) (Ex. SEC-09-040); LADBS Announcement No. 5, COVID-19 Safety Guidance for Construction Sites (Mar. 31, 2020) (Ex. SEC-09-022); Cal/OSHA COVID-19 Prevention Emergency Temporary Standards, 8 C.C.R. §§ 3205-3205.4 (adopted Nov. 19, 2020; approved and operative Nov. 30, 2020) (Ex. SEC-09-010, Ex. SEC-09-011); readoption approved text (June 17, 2021) (Ex. CA-024); Executive Order N-09-21 (June 17, 2021) (Ex. CA-067); Executive Order N-40-20, ¶ 13 (Mar. 30, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-076) ("to limit the need for in-person transactions at Department of Motor Vehicle offices"); California DMV news releases of Mar. 26, 2020 (field offices closed to the public statewide from Mar. 27, 2020), Apr. 14, 2020 (all expiring licenses extended), May 8, 2020 (twenty-five offices reopened), Dec. 29, 2020 (behind-the-wheel tests suspended to Jan. 11, 2021) and Sept. 2, 2021 (commercial driver licenses extended through Nov. 30, 2021) (Ex. AGY-ST-DMV-SOS-RECORDERS-018, Ex. AGY-ST-DMV-SOS-RECORDERS-013, Ex. AGY-ST-DMV-SOS-RECORDERS-014, Ex. AGY-ST-DMV-SOS-RECORDERS-016, Ex. AGY-ST-DMV-SOS-RECORDERS-017) (each the Department's own record of the closure, suspension or extension it imposed, cited as the record of that action and for the order under which it acted; context, not orders). ↩
  73. Ex. HI-004 (Third Supplementary Proclamation, ¶ 16; "cease"; gatherings over ten prohibited); Ex. HI-003 (Second Supplementary Proclamation; quarantine from Mar. 26, 2020); Ex. HI-031 (Order for Self-Quarantine); Fourth Supplementary Proclamation (Mar. 31, 2020; effective Apr. 1, 2020) (Ex. HI-005) (interisland quarantine); Sixth Supplementary Proclamation (Apr. 25, 2020), Exhibit F (Ex. HI-007); Eighth Supplementary Proclamation (May 18, 2020) (Ex. HI-009); Eleventh Proclamation (Aug. 8, 2020; interisland quarantine from Aug. 11, 2020) (Ex. HI-057); Thirteenth Proclamation (Sept. 22, 2020; pre-test exception Oct. 15, 2020) (Ex. HI-014); Fifteenth Proclamation (Nov. 16, 2020) (Ex. HI-016) (Statewide Face Covering Requirement); Twenty-First Proclamation (June 7, 2021; intercounty quarantine expired June 14, 2021) (Ex. HI-023); Emergency Proclamation Related to the COVID-19 Response (Aug. 5, 2021) (Ex. HI-024); Executive Order No. 21-05 (Aug. 10, 2021) (Ex. HI-025; restated in Ex. HI-029, Exhibit F); Ex. MET-HNL-095 (Kauai Rule 15); Ex. HI-055 (the statewide mask requirement ended Mar. 26, 2022). ↩
  74. Executive Order D 2020 013 (Mar. 22, 2020; effective Mar. 24, 2020) (Ex. CO-010) (every employer "to reduce in-person work ... by at least fifty (50) percent"); Executive Order D 2020 017 (Mar. 25, 2020; effective 6:00 a.m. Mar. 26, 2020) (Ex. CO-012) (Stay at Home; "all travel ... except Necessary Travel" prohibited); Third Updated Public Health Order 20-24 (Apr. 1, 2020; effective Apr. 2, 2020) (Ex. CO-016) (Critical Businesses: "Automobile rental, automobile online sales with no touch delivery service, auto supply and repair"; Transportation: "vehicle rental services"); Public Health Order 20-28 (Apr. 26, 2020; effective Apr. 27, 2020; retail at fifty percent from May 1) (Ex. CO-020), as amended May 4, 2020 (Ex. CO-023); Executive Order D 2020 091 (June 1, 2020) (Ex. CO-028); Executive Order D 2020 235 (Oct. 30, 2020) (Ex. CO-035) (the Dial); Public Health Order 20-36 (Nov. 2, 2020) (Ex. CO-036); First Amended Public Health Order 20-36 (Nov. 17, 2020; Level Red from Nov. 20, 2020) (Ex. CO-081); Public Health Order 20-38 (Apr. 15, 2021; effective Apr. 16, 2021) (Ex. CO-051); Fourth Amended Public Health Order 20-38 (June 30, 2021; effective July 1, 2021) (Ex. CO-041); Sixth Amended Public Health Order 20-38 (Aug. 31, 2021; effective Sept. 1, 2021) (Ex. CO-091). ↩
  75. New Mexico Department of Health, Public Health Emergency Order of Mar. 23, 2020 (effective 8:00 a.m. Mar. 24, 2020), ¶ 3(g) (Ex. NM-006) (construction permitted only if it "minimize[s] their operations and staff to the greatest extent possible"; non-essential retail closed by 100 percent in-person reduction; gatherings of five or more prohibited); Public Health Emergency Order of May 15, 2020 (Ex. NM-016) (Phase 1; retail at twenty-five percent; universal face coverings; COVID-Safe Practices mandatory); Governor of New Mexico, Executive Order 2020-013, Order Directing Individuals Arriving in New Mexico by Air to Self-Isolate or Self-Quarantine (Mar. 27, 2020); Executive Order 2020-054 (July 1, 2020) (Ex. NM-024) (every arrival by any means quarantined fourteen days); Executive Order 2020-063 (Sept. 3, 2020) (Ex. NM-031); Executive Order 2020-072 (Oct. 16, 2020) (Ex. NM-034); Executive Order 2020-075 (Oct. 29, 2020) (Ex. NM-037); Executive Order 2021-006 (Feb. 10, 2021) (Ex. NM-051) (rescinding the quarantine); Public Health Emergency Order of Nov. 13, 2020 (effective Nov. 16, 2020) (Ex. NM-039) and Amended Order of Nov. 18, 2020 (Ex. NM-040) (non-essential and big-box retail closed to Dec. 1, 2020); Public Health Emergency Order of Nov. 30, 2020 (effective Dec. 2, 2020) (Ex. NM-041) (the county-by-county framework); Public Health Emergency Order of June 2, 2021 (Ex. NM-057); Public Health Emergency Order of June 30, 2021 (effective July 1, 2021) (Ex. NM-060) (county framework and capacity limits ended; masks for the unvaccinated; COVID-Safe Practices mandatory); Public Health Emergency Order of July 30, 2021 (Ex. NM-062); Public Health Emergency Order of Aug. 17, 2021 (masks from Aug. 20, 2021) (Ex. NM-067). ↩
  76. Nevada: Emergency Regulation amending NAC ch. 414 (Mar. 20, 2020) (Ex. NV-005); Declaration of Emergency Directive 004 (Mar. 20, 2020) (Ex. NV-006) (DMV offices closed Mar. 16, 2020 "until at least April 16"); Directive 010 (Stay at Home Order) (Mar. 31, 2020; effective Apr. 1, 2020) (Ex. NV-012); Directive 013 (Apr. 8, 2020) (Ex. NV-014) (showrooms of essential businesses closed); Directive 018 (Phase One) (May 7, 2020; effective May 9, 2020) (Ex. NV-016); Directive 026 (June 29, 2020) (Ex. NV-021) and Directive 032 (Sept. 11, 2020) (Ex. NV-027) (credential extensions); Directive 035 (Statewide Pause) (Nov. 22, 2020; effective Nov. 24, 2020) (Ex. NV-030); Directive 041 (Mar. 12, 2021) (Ex. NV-036); Directive 044 (Apr. 19, 2021) (Ex. NV-038); Directive 045 (May 3, 2021) (Ex. NV-039); Directive 047 (July 27, 2021; effective 12:01 a.m. July 30, 2021) (Ex. NV-041); Directive 048 (Aug. 4, 2021) (Ex. NV-042); Directive 049 (Aug. 16, 2021) (Ex. NV-043); Governor's Directive 003 guidance (Apr. 16, 2020) (Ex. NV-064). Oregon: Executive Order 20-12, ¶¶ 12, 22 (Mar. 23, 2020; closures 12:01 a.m. Mar. 24, 2020) (Ex. OR-007); Executive Order 20-65 (Nov. 17, 2020; effective Nov. 18, 2020) (Ex. OR-033); Executive Order 20-66 (Dec. 2, 2020; effective Dec. 3, 2020) (Ex. OR-035); Executive Order 21-15 (June 25, 2021; effective 12:01 a.m. June 30, 2021) (Ex. OR-043); Oregon OSHA, OAR 437-001-0744 (temporary rule, Administrative Order 3-2020) (Nov. 6, 2020; effective Nov. 16, 2020) (Ex. SEC-09-013); Administrative Order 2-2021 (permanent rule) (May 4, 2021) (Ex. SEC-09-014, Ex. OR-041); Administrative Order 5-2021 (June 30, 2021) (Ex. OR-044); OAR 333-019-1025 (temporary rule PH 35-2021, filed Aug. 11, 2021; indoor from Aug. 13, 2021; outdoor from Aug. 27, 2021) (Ex. OR-048) ("Individuals, regardless of vaccination status, are required to wear a mask, face covering or face shield except as exempted in section (6) of this rule when in an indoor space"); Oregon OSHA Administrative Order 10-2021 (Aug. 13, 2021) (Ex. OR-049). Alaska: Ex. AK-013 (Mandate 011); Alaska Essential Services and Critical Workforce Infrastructure Order (Ex. AK-021); COVID-19 Health Mandate 010 (Mar. 23, 2020; effective Mar. 25, 2020) (Ex. AK-012) (fourteen-day self-quarantine of every arriving resident, worker and visitor; $25,000 fine), as revised June 5 and Aug. 6, 2020 (Ex. AK-038, Ex. AK-039); COVID-19 Health Mandate 012 (Intrastate Travel) (Mar. 27, 2020) (Ex. AK-014); COVID-19 Outbreak Health Order No. 6 (Nov. 15, 2020; to Feb. 14, 2021) (Ex. AK-035). Arizona: Executive Order 2020-12 (Mar. 23, 2020) (Ex. AZ-005); Executive Order 2020-18 (Mar. 30, 2020; effective 5:00 p.m. Mar. 31, 2020), ¶ 12 (Ex. AZ-010); Executive Order 2020-24 (Apr. 7, 2020; quarantine of air arrivals from Apr. 9, 2020) (Ex. AZ-012); Executive Order 2020-36 (May 12, 2020) (Ex. AZ-019); Executive Order 2020-40 (June 17, 2020) (Ex. AZ-020); Executive Order 2021-05 (Mar. 5, 2021) (Ex. AZ-036); Executive Order 2021-06 (Mar. 25, 2021) (Ex. AZ-037); Maricopa County Recorder website notice (public counters closed under the Stay Home, Stay Healthy, Stay Connected Executive Order) (Ex. AGY-ST-DMV-SOS-RECORDERS-054) (the Recorder's own record of the closure). Idaho: Order to Self-Isolate (Mar. 25, 2020), §§ 5, 8.c (Ex. ID-003); Amended Order to Self-Isolate (Apr. 15, 2020), § 7 (Ex. ID-004); Idaho Rebounds Stage 1 Stay Healthy Order (Apr. 30, 2020) (Ex. ID-005); Modified Stage 3 and Modified Stage 2 Stay Healthy Orders (Oct. 26 and Nov. 13, 2020) (Ex. ID-009, Ex. ID-010); Stage 3 and Stage 4 Guidelines (Feb. 2 and May 11, 2021) (Ex. ID-012, Ex. ID-013). Montana: Stay at Home Directive, ¶¶ 3, 8, 11(h), 12, o (Mar. 26, 2020; effective 12:01 a.m. Mar. 28, 2020) (Ex. MT-009); Directive of Mar. 24, 2020 (Ex. MT-007); Directive of Mar. 30, 2020 (mandatory quarantine for travelers arriving from another state or country) (Ex. MT-010); Phase One Directive (Ex. MT-013); Directive of Nov. 17, 2020 (effective 5:00 a.m. Nov. 20, 2020) (Ex. MT-018) (twenty-five-person cap; statewide face coverings); Directives of Jan. 13 and Feb. 12, 2021 (Ex. MT-020, Ex. MT-021); Directive of Apr. 2, 2020 (Ex. MT-028) (MVD renewals moved online and by mail). Utah: The Governor's Coronavirus Directive for Utah, "Stay Safe, Stay Home" (Mar. 27, 2020; organizations from 12:01 a.m. Mar. 30, 2020) (Ex. UT-004) and update of Apr. 10, 2020 (Ex. UT-009); Executive Order 2020-15 (Apr. 8, 2020; effective 8:00 a.m. Apr. 10, 2020) (Ex. UT-007) and Executive Order 2020-16 (Apr. 10, 2020) (Ex. UT-008) (travel declaration); Executive Order 2020-18 (Apr. 29, 2020) (Ex. UT-011) (motor-vehicle offices reduced to drive-through and limited counter service); Executive Order 2020-73 (Nov. 8, 2020; effective Nov. 9, 2020) (Ex. UT-029); State Public Health Order 2021-11 (May 4, 2021) (Ex. UT-043); Wasatch County Health Department Stay Safe Stay Home Order (Mar. 30, 2020) (Ex. UT-055). Wyoming: Statewide Public Health Order #2 (Mar. 20, 2020) (Ex. WY-005) and its continuations (Ex. WY-009, Ex. WY-013, Ex. WY-017, Ex. WY-021, Ex. WY-037, Ex. WY-039, Ex. WY-041); Twenty-third Continuation, and Modification (Mar. 12, 2021; effective Mar. 16, 2021) (Ex. WY-051); Governor's Directive (Apr. 3, 2020) (Ex. WY-010) (fourteen-day self-quarantine for all persons arriving from another State or country for non-work purposes; lifted May 8, 2020); Statewide Public Health Order #4 (Dec. 7, 2020; effective Dec. 9, 2020) (Ex. WY-040) (face coverings inside any business). ↩
  77. The dates general restrictions ended, by State: Idaho Feb. 2, 2021 (Ex. ID-012); Montana Jan. 15 and Feb. 12, 2021 (Ex. MT-020, Ex. MT-021); Wyoming Mar. 16, 2021 (Ex. WY-051); Arizona Mar. 25, 2021 (Ex. AZ-037); Colorado Apr. 16, 2021 (Ex. CO-051); Utah Apr. 10 and May 4, 2021 (Ex. UT-043); Nevada Apr. 30, May 1 and June 1, 2021 (Ex. NV-038, Ex. NV-074); California June 15, 2021 (Ex. CA-027, Ex. CA-029); Oregon June 30, 2021 (Ex. OR-043); Washington June 30, 2021 (Ex. WA-065, Ex. WA-072); New Mexico July 1, 2021 (Ex. NM-060); Hawaii Dec. 1, 2021 and Mar. 25, 2022 (Ex. HI-025, Ex. HI-055). ↩
  78. Ex. CA-020 (Regional Stay at Home Order); Ex. CO-081 (Level Red); Ex. IL-031 (Tier 3); Ex. MI-060 (Nov. 18, 2020 to Jan. 31, 2021 as extended); Ex. MN-032; Ex. NM-039, Ex. NM-040, Ex. NM-041; Ex. OR-033, Ex. OR-035; Ex. WA-047; Ex. VT-034; Ex. NJ-039; Ex. NY-037; Ex. MA-040; Ex. PA-022, Ex. PA-028; Ex. DE-033 (Fourth Revision to the Twenty-Seventh Modification, Dec. 10, 2020; effective Dec. 14, 2020); Ex. KY-033 (Executive Order 2020-968, Nov. 18, 2020); Ex. VA-016; Rhode Island Executive Order 20-100 (Nov. 30, 2020) (Ex. RI-029); Mayor's Order 2020-119 (District of Columbia; Nov. 23, 2020; effective Nov. 25, 2020) (Ex. DC-013). ↩
  79. Ex. CA-020; Ex. CO-081; Ex. IL-031; Ex. WA-047; Ex. MA-040; Ex. MI-060; Ex. PA-028; Order of the Governor of Maryland No. 20-11-17-01 (Nov. 17, 2020) (Ex. MD-021); Ex. NM-039, Ex. NM-040. ↩
  80. Ex. PA-021, Ex. PA-070; Ex. MD-023 (Order No. 20-12-17-01, Dec. 17, 2020) and MDH Amended Directive and Order No. MDH 2020-12-17-01 (Ex. MD-050); Ex. ECO-C-007 (Connecticut Executive Order No. 9S, Dec. 18, 2020); Ex. NH-027; Ex. VT-080; Washington Proclamation 20-83 (Dec. 21, 2020) (Ex. WA-054), as amended by 20-83.1 (Mar. 1, 2021) (Ex. WA-059) and 20-83.2 (Apr. 6, 2021) (Ex. WA-061); Ex. NM-037; Ballotpedia, travel restrictions (the tri-State list at thirty-five States and territories on Oct. 20, 2020) (Ex. LAW-235). ↩
  81. Ex. PA-022 ("Unless impossible, all businesses must conduct their operations remotely, through individual teleworking of their employees"); Rhode Island Executive Order 20-100 (Nov. 30, 2020) (employees "who are able to work remotely are required to do so") (Ex. RI-029); Ex. VT-034 ("shall reinstitute, to the maximum extent possible ... telecommuting"); Ex. OR-033, Ex. OR-035 ("Work in offices is prohibited whenever telework ... options are available"); Ex. WA-047 ¶ 13 ("required to mandate that employees work from home when possible"); Ex. CO-081 (offices at ten percent); Ex. CA-020, Ex. CA-055 (offices "Remote"); Ex. MA-040 (offices at twenty-five percent). ↩
  82. Ex. LAW-232 (Kaiser Family Foundation, State Social Distancing Actions, file of Jan. 4, 2021: thirty-nine jurisdictions with new restrictions; traveler quarantines in twelve; forty statewide public mask orders; gatherings prohibited in six and capped above ten in twenty); the winter instruments cited in the preceding notes. On Mar. 31, 2021 every Northeastern State still had capacity, gathering or face-covering orders in force (Ex. NY-054, Ex. NJ-050, Ex. PA-035, Ex. MA-048, Ex. CT-046, Ex. RI-043, Ex. VT-098, Ex. ME-057, Ex. NH-038), and successor frameworks with capacity caps were in force in California, Colorado, Oregon, Washington, New Mexico, Nevada, Utah and Wyoming on Apr. 1, 2021 (Ex. CA-055, Ex. CO-051, Ex. OR-035, Ex. WA-064, Ex. NM-041, Ex. NV-036, Ex. UT-043, Ex. WY-051). ↩
  83. The ending instruments: Ex. FL-047 (Sept. 25, 2020); Ex. TX-029 (Mar. 10, 2021); Ex. MS-051 (Executive Order 1549, Mar. 2, 2021; the general limits ended 5:00 p.m. Mar. 3, 2021), Ex. MS-053 (Executive Order 1551, Apr. 30, 2021); Ex. OK-039 (Mar. 12, 2021); Ex. MD-026 (Mar. 12, 2021); Ex. WY-051 (Mar. 16, 2021); Ex. AZ-037 (Mar. 25, 2021); Ex. IN-059 (Executive Order 21-09, Mar. 31, 2021; caps ended Apr. 6, 2021); Ex. GA-034 (Apr. 8, 2021); Ex. AL-049 (Apr. 9, 2021); Ex. CO-051 (Apr. 16, 2021); Ex. WV-063 (Apr. 20, 2021); Ex. NH-038 (Apr. 16 and May 7, 2021); Ex. NC-029 (May 14, 2021); Ex. CT-046 (May 20, 2021); Ex. RI-043, Ex. RI-044, Ex. RI-047 (May 21 and July 6, 2021); Ex. DE-038 (May 21, 2021); Ex. DC-073 (May 21, 2021); Ex. ME-057 (May 24, 2021); Ex. LA-032 (Proclamation 93 JBE 2021; May 26, 2021); Ex. MN-038 (May 27, 2021); Ex. VA-017 (May 28, 2021); Ex. NJ-050 (May 28 and June 4, 2021); Ex. MA-048 (May 29, 2021); Ex. PA-035, Ex. PA-036 (May 31, 2021); Ex. OH-050 (June 2, 2021); Ex. IL-037 (June 11, 2021); Ex. KY-049 (June 11, 2021); Ex. VT-098, Ex. VT-044 (June 14 and 15, 2021); Ex. CA-027, Ex. CA-029 (June 15, 2021); Ex. NY-057 (June 15, 2021); Ex. MI-076 (June 22, 2021); Ex. WA-065, Ex. WA-072 (June 30, 2021); Ex. OR-043 (June 30, 2021); Ex. NM-060 (July 1, 2021); Ex. HI-025 (caps to Nov. 30, 2021). ↩
  84. Ex. CA-024, Ex. CA-067; Ex. OR-041, Ex. OR-044; Ex. VA-037, Ex. VA-038; Ex. WA-067, Ex. WA-072, Ex. WA-101 (Washington Ready plan, June 30, 2021); Ex. NJ-050, Ex. NJ-051, Ex. NJ-052 (Executive Order No. 244, June 4, 2021, continuing the State of Emergency), Ex. NJ-053 (P.L. 2021, c. 103); Ex. NM-060, Ex. NM-062; Ex. NY-133 (10 NYCRR Subpart 66-3, readopted June 23, 2021), Ex. NY-082 (ch. 105 of the Laws of 2021, the HERO Act), Ex. NY-136 (12 NYCRR Part 840 emergency rule, Aug. 5, 2021), Ex. NY-127 (Commissioner of Health designation, Sept. 6, 2021); Ex. LAW-247 (twenty-five emergency declarations on Sept. 21, 2021); Ex. HI-023, Ex. HI-024, Ex. HI-031; Ex. KS-057. The Delta-wave reinstatements are catalogued in the third-quarter section. ↩
  85. Texas Ex. TX-008 (Executive Order GA-14, ¶ 7), Ex. TX-036 (GA-38); Georgia Ex. GA-010, Ex. GA-043; Florida Ex. FL-047, Ex. FL-060; Arizona Ex. AZ-005, Ex. AZ-010 ¶ 15, Ex. AZ-019 ¶ 7, Executive Order 2021-18 (Aug. 16, 2021) (Ex. AZ-045); Tennessee Ex. TN-065; South Carolina Ex. SC-006; Arkansas Ex. AR-007; Mississippi Ex. MS-009 ¶ 2(b); New Jersey Executive Order No. 108 (Mar. 21, 2020) (Ex. NJ-005); New York Executive Orders 202.3, 202.5 and 202.11 (Ex. NY-010, Ex. NY-012, Ex. NY-014); Connecticut Ex. CT-007 § 2; Massachusetts Ex. MA-008 (Order No. 13, superseding municipal orders interfering with essential services and travel), Ex. MA-017 (Order No. 33, § 6). ↩
  86. Ex. MET-SFO-002, Ex. MET-SFO-047, Ex. SEC-09-040 (Bay Area construction); Dallas County Judge's Amended Orders of Mar. 29, Apr. 2 and Apr. 23, 2020 (Ex. MET-DFW-007, Ex. MET-DFW-010, Ex. MET-DFW-015) and Denton County Commissioners Court, Disaster Declaration and Executive Order (Stay at Home Order continued), ¶ viii (Mar. 31, 2020; effective 11:59 p.m.) (Ex. MET-DFW-079) ("Automobile dealerships may continue online sales; showrooms must remain closed."); Anchorage Emergency Orders EO-09, EO-10, EO-14, EO-15, EO-16, EO-19 and EO-20 (Ex. AK-067, Ex. AK-068, Ex. AK-072, Ex. AK-073, Ex. AK-074, Ex. AK-077, Ex. AK-079); Boulder County and Dane County (Ex. MET-DEN-033, Ex. MET-MKE-023); King County (Ex. MET-SEA-002); Los Angeles County (Ex. MET-LA-045). The metros subsection and the third-quarter section catalogue the reinstatements. ↩
  87. Ex. HI-009, Ex. HI-019, Ex. HI-023, Ex. HI-024 (every proclamation from Apr. 25, 2020 requiring counties "to obtain my approval ... prior to issuing any emergency order"); Ex. MET-HNL-095. ↩
  88. The standing-duties layer is documented in the Library's Duties collection (exhibits with the DUT- prefix), tabulated for all fifty-one jurisdictions on this site's duties page. On the rule that a statute or rule commanding conduct is an order from an appropriate governmental authority and that the source of the command is irrelevant, see the statute page of this site. Enabling-power provisions (for example Tex. Gov't Code § 418.012, Ex. DUT-TX-010, and 22 M.R.S. §§ 801-825, Ex. DUT-ME-001) are cited as the source of the orders' force and not as duties on the employer. ↩
  89. Governor of Texas, Executive Order GA-28, ¶ 1 (June 26, 2020) (Ex. TX-021); Executive Order GA-29 (July 2, 2020; effective July 3, 2020) (Ex. TX-022); Executive Order GA-32 (Oct. 7, 2020) (Ex. TX-025) (outdoors, "social distancing and other protocols must be followed"), each reciting the offense under Tex. Gov't Code § 418.173 (Ex. DUT-TX-012); Ohio Department of Health, Director's Order for Retail and Business Compliance for Facial Coverings Requirements, ¶¶ 1, 10 (Nov. 13, 2020; effective 12:01 a.m. Nov. 16, 2020) (Ex. OH-037) (no retailer "shall be open for business or operate unless in compliance with this Order as well as all other applicable ODH Orders"); Director's Stay Safe Ohio Order (Apr. 30, 2020) (Ex. OH-019) ("Businesses must require all employees to wear facial coverings"; closed sectors "may reopen, subject to the Sector Specific COVID-19 Information and Checklist"); Director's Updated and Revised Order for Business Guidance and Social Distancing (May 29, 2020) (Ex. OH-025) ("All businesses and operations shall continue to comply with Social Distancing Requirements"); Governor of Oregon, Executive Order 20-12, ¶¶ 6, 7 (Mar. 23, 2020; business closures 12:01 a.m. Mar. 24, 2020) (Ex. OR-007) ("I prohibit the operation of any other retail business not subject to paragraph 2 of this Executive Order, unless the business designates an employee or officer to establish, implement, and enforce social distancing policies, consistent with guidance from the Oregon Health Authority"; "Retail businesses that fail to comply with paragraph 6 of this Executive Order will be closed until they demonstrate compliance"), rescinded and replaced by Executive Order 20-25, ¶¶ 6(a), 7(c), 12 (May 14, 2020) (Ex. OR-017), whose baseline requirements carried the condition forward (retail to "operate only if the business complies with any applicable OHA guidance"; "Businesses and non-profits must comply with any applicable OHA guidance, including but not limited to guidance for employers"); Executive Order 20-66, ¶ 2 (Dec. 2, 2020) (Ex. OR-035) (OHA to issue "binding guidance for the public, for employers, and for particular sectors of the economy," "enforceable to the same extent this Executive Order is enforceable"); Governor of Washington, Proclamation 20-25.6 (July 7, 2020) (Ex. WA-040) ("No employer may operate, allow a customer to enter a business, conduct business, or employ employees unless the employer ... complies with all public health authority orders and directives"); Proclamation 20-25, ¶ 3(b) (Mar. 23, 2020) (Ex. WA-016) (essential businesses "prohibited from operating under this Proclamation unless they establish and implement social distancing and sanitation measures"); Governor of Kansas, Executive Order 20-29, ¶ 5(a) (Apr. 30, 2020; effective May 4, 2020) (Ex. KS-019) ("[a]ll businesses not prohibited below can open if they comply with the following: i. Maintain at least 6 feet of distance between customers or groups of customers; ... ii. Follow fundamental cleaning and public health practices"); Executive Order 20-52, ¶ 2 (July 2, 2020; effective 12:01 a.m. July 3, 2020) (Ex. KS-030) ("all businesses or organizations in Kansas must require all employees, customers, visitors, members, or members of the public to wear a mask or other face covering"); Governor of New York, Executive Order 202.31 (May 14, 2020) (Ex. NY-022); Executive Order 202.6 (Mar. 18, 2020; effective 8:00 p.m. Mar. 20, 2020) (Ex. NY-003) ("Each employer shall reduce the in-person workforce at any work locations by 50%"); New York State Department of Health, Interim Guidance for Office-Based Work (Ex. NY-131) (separating "must" from "should" in its own text); Governor of Florida, Executive Order 20-123, § 1 (May 14, 2020; effective May 18, 2020) (Ex. FL-027); Executive Order 20-139, §§ 2, 4, 7 (June 3, 2020; effective June 5, 2020) (Ex. FL-034) (section 2's protocols "guidance and not enforceable under section 252.47, Florida Statutes"; section 4's conditions enforced under that section); Governor of Maine, Executive Order 55 FY 19/20, § I(C) (May 29, 2020) (Ex. ME-025) ("Any business authorized now to be open shall comply with the pertinent COVID-19 Prevention Checklist or other State of Maine Guidance"); Executive Order 16 FY 20/21, § III (Nov. 4, 2020) (Ex. ME-042) (the checklists "enforceable in the same manner as an Executive Order"); Executive Order 19-A FY 20/21, § I(A) (Dec. 15, 2020) (Ex. ME-046) ("Owners and operators of indoor public settings must require all persons to wear face coverings in publicly accessible areas"). The verbs are quoted from the exhibits. ↩
  90. Texas: Executive Order GA-18 (Ex. TX-011) and GA-28, ¶ 14 (Ex. TX-021) ("should use good-faith efforts and available resources to follow the minimum standard health protocols recommended by DSHS"); the protocols themselves (Ex. TX-043); Executive Order GA-34 (Mar. 2, 2021; effective Mar. 10, 2021) (Ex. TX-029) ("strongly encouraged"). Kansas: Executive Order 20-29, ¶ 5(b) (Ex. KS-019) (businesses "should follow industry-specific guidelines"). Florida: Executive Order 20-139, § 2 (Ex. FL-034) ("guidance and not enforceable under section 252.47, Florida Statutes"). CDC: Interim Guidance for Businesses and Employers (Mar. 21 and May 6, 2020) (Ex. DUT-FED-034, Ex. DUT-FED-035). Each is recorded as a recommendation; its compulsory effect follows from the order that conditioned operation on it (Texas GA-28, ¶ 1, and GA-32's "must be followed"; Kansas EO 20-29, ¶ 5(a); Florida EO 20-139, § 4), from the shield that conditioned protection on it (Ex. DUT-TX-015, Ex. DUT-KS-015, Ex. DUT-FL-012) and from the general duty clause as OSHA enforced it against the CDC guidelines (Ex. AGY-FED-LABOR-IMMIGRATION-020). The Texas Department of State Health Services' release of March 19, 2020 recorded that the Commissioner's disaster declaration "cites the requirement under Section 81.002 of the Texas Health and Safety Code" (Ex. DUT-TX-008). ↩
  91. Tex. Health & Safety Code § 81.002 (Acts 1989, 71st Leg., ch. 678, § 1) (Ex. DUT-TX-001); §§ 81.081, 81.082 (the Department "shall impose control measures to prevent the spread of disease," which "may be imposed on an individual, animal, place, or object") (Ex. DUT-TX-002); § 81.085(h) (knowing disobedience of a published order during an area quarantine, a felony of the third degree) (Ex. DUT-TX-005); § 81.087 (knowing refusal "to perform or allow the performance of certain control measures," a Class B misdemeanor) (Ex. DUT-TX-006); Tex. Penal Code §§ 12.22, 12.34 (fine to $2,000 and confinement to 180 days; imprisonment of two to ten years) (Ex. DUT-TX-019); Tex. Gov't Code § 418.173 (fine to $1,000 and confinement to 180 days) (Ex. DUT-TX-012), recited in Executive Orders GA-14, GA-28 and GA-32 (Ex. TX-008, Ex. TX-021, Ex. TX-025); Tex. Labor Code § 411.103 (Acts 1995, 74th Leg., ch. 76, § 9.54(a)) (Ex. DUT-TX-013) ("Each employer shall: (1) provide and maintain ... a place of employment that is reasonably safe and healthful for employees; (2) install, maintain, and use ... methods of sanitation and hygiene, that are reasonably necessary to protect the life, health, and safety of the employer's employees; and (3) take all other actions reasonably necessary to make the employment and place of employment safe"). The sanitary code ran beside them: Tex. Health & Safety Code § 341.011(12) makes "an object, place, or condition that is a possible and probable medium of disease transmission to or between humans" a public health nuisance (Ex. DUT-TX-016), punishable under § 341.091 with each day a separate offense (Ex. DUT-TX-017), and § 437.0145 commands the Department to suspend the license or order the immediate closing of a food establishment whose violation "creates an immediate threat to the health and safety of the public" (Ex. DUT-TX-018). The Fifth Circuit treated the Governor's orders as law binding businesses in In re Abbott, 954 F.3d 772 (5th Cir. 2020) (Ex. DUT-TX-021), and the El Paso Court of Appeals held that GA-32's "declarations regarding occupancy, the size of group meetings, activities that person may engage in, and the conduct of business ... become state law" (Ex. TX-047, at 12); each is cited as an adjudication. ↩
  92. Ohio Rev. Code § 3701.352 ("No person shall violate any rule the director of health or department of health adopts or any order the director or department of health issues under this chapter to prevent a threat to the public caused by a pandemic, epidemic, or bioterrorism event") (Ex. DUT-OH-004); § 3701.99(C) (misdemeanor of the second degree) (Ex. DUT-OH-005), recited in the Amended Director's Stay At Home Order, ¶ 18 (Apr. 2, 2020) (Ex. OH-014) ("a fine of not more than $750 or not more than 90 days in jail, or both"); § 3701.81(C) (in force since Jan. 1, 1974) (Ex. DUT-OH-007); § 4101.11 ("Every employer shall furnish employment which is safe for the employees engaged therein, shall furnish a place of employment which shall be safe for the employees therein and for frequenters thereof, ... follow and obey orders, ... and shall do every other thing reasonably necessary to protect the life, health, safety, and welfare of such employees and frequenters") (Ex. DUT-OH-013); § 4101.12 (Ex. DUT-OH-014); Eicher v. United States Steel Corp., 32 Ohio St.3d 248 (1987) (Ex. DUT-OH-017) (construing § 4101.11; cited as an adjudication). ↩
  93. Or. Rev. Stat. §§ 401.192(1), 401.990 ("All rules and orders issued under authority conferred by ORS 401.165 to 401.236 shall have the full force and effect of law both during and after the declaration of a state of emergency"; knowing violation "a Class C misdemeanor") (Ex. DUT-OR-004), the penalty recited in Executive Order 20-66, ¶ 10 (Ex. OR-035) as "up to 30 days in jail or a fine of $1,250 or both"; ORS 431A.010(1) (administrative orders and "a civil penalty as established by rule not to exceed $500 a day per violation") (Ex. DUT-OR-002); ORS 654.010 ("Every employer shall furnish employment and a place of employment which are safe and healthful for employees therein, ... and shall do every other thing reasonably necessary to protect the life, safety and health of such employees") (Ex. DUT-OR-005); Oregon OSHA, Administrative Order 3-2020, temporary rule OAR 437-001-0744 (Nov. 6, 2020; effective Nov. 16, 2020) (Ex. OR-032); Administrative Order 2-2021, permanent rule (May 4, 2021) (Ex. OR-041); Oregon OSHA, List of Oregon OSHA Citations Identified as Related to COVID-19 (June 2, 2021) (Ex. DUT-OR-014) ("at least 159 citations"; "more than 24,500 COVID-19 related complaints"); Along Came Trudy LLC v. OLCC, 330 Or. App. 295 (2024) (Ex. DUT-OR-016) (EO 20-66 "had the 'full force and effect of law'"; cited as an adjudication). ↩
  94. Wash. Admin. Code § 246-101-425(1) ("Members of the general public shall cooperate with: (a) Public health authorities in their investigation and control of cases, outbreaks, and suspected outbreaks; and (b) Implementation of infection control measures") (Ex. DUT-WA-007); Wash. Rev. Code § 70.05.120(4) (misdemeanor for "violating or refusing or neglecting to obey any of the rules, regulations or orders made for the prevention, suppression and control of dangerous contagious and infectious diseases") (Ex. DUT-WA-002); RCW 43.06.220(5) (gross misdemeanor for violating a gubernatorial proclamation) (Ex. LAW-340); RCW 49.17.060(1)-(2) (each employer "[s]hall furnish to each of his or her employees a place of employment free from recognized hazards that are causing or likely to cause serious injury or death" and "[s]hall comply with the rules, regulations, and orders promulgated under this chapter") (Ex. DUT-WA-010); Department of Labor and Industries, WAC 296-800-14035 (adopted May 26, 2020; readopted through the third quarter of 2021) (Ex. AGY-ST-LABOR-WORKPLACE-078); Slidewaters LLC v. Washington State Department of Labor & Industries, 4 F.4th 747 (9th Cir. 2021) (Ex. DUT-WA-020) (the rule "creates an enforcement mechanism for the proclamations' restrictions on businesses"; "the employer can be issued a citation that could result in a fine"; cited as an adjudication). ↩
  95. Kan. Stat. Ann. § 48-939 (2019) (class A misdemeanor for "knowing and willful violation of ... any lawful order or proclamation issued under authority of this act") (Ex. DUT-KS-011); 2020 Special Session House Bill 2016, § 36 (June 8, 2020; effective June 9, 2020) (Ex. KS-027) (civil penalty to $2,500 per violation); K.S.A. 65-129 (class C misdemeanor for "violating, refusing or neglecting to obey any of the rules and regulations adopted by the secretary of health and environment for the prevention, suppression and control of infectious or contagious diseases") (Ex. DUT-KS-006); K.S.A. 65-127 (Ex. DUT-KS-004); K.S.A. 44-636 (the Secretary of Labor to order "changes in methods of operation or the taking of any other measures" where a workplace's "heating, lighting, ventilation, occupant capacity or sanitary arrangement" is "injurious to the health of persons employed"; subsection (g): "each day that such violation exists shall constitute a separate offense") (Ex. DUT-KS-013). The Attorney General told the State's prosecutors and law enforcement on March 24, 2020 that officers "have the same duty and authority to enforce these misdemeanors as to enforce any other misdemeanor" (Ex. DUT-KS-017, at 8) and on April 8, 2020 that "[w]hile compliance previously was voluntary, by virtue of the exercise of the governor's emergency powers under K.S.A. 48-925(c) EO 20-18 on its face makes violation of these new limitations ... punishable by imprisonment and/or a fine" (Ex. DUT-KS-018, at 2); each is cited as the State's statement of its enforcement position. ↩
  96. N.Y. Pub. Health Law § 12(1)(a) (civil penalty "not to exceed two thousand dollars for every such violation") (Ex. DUT-NY-001); § 12-b(1), (2) (misdemeanor; imprisonment not exceeding one year or a fine not exceeding $10,000) (Ex. DUT-NY-002), the penalties recited in Executive Order 202.6 (Ex. NY-003) and Executive Order 202.14 (Apr. 7, 2020) (Ex. NY-016); § 2100(1) (every local board of health "shall guard against the introduction of such communicable diseases ... by the exercise of proper and vigilant medical inspection and control of all persons and things infected with or exposed to such diseases") (Ex. DUT-NY-007), a command on officials cited as the machinery that made the local orders compulsory; N.Y. Labor Law § 200(1) ("All places to which this chapter applies shall be so constructed, equipped, arranged, operated and conducted as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein or lawfully frequenting such places") (Ex. DUT-NY-013); Labor Law § 218-b(4)(a) ("each employer shall establish an airborne infectious disease exposure prevention plan") (Ex. DUT-NY-014), enacted by the HERO Act, ch. 105 of the Laws of 2021 (May 5, 2021) (Ex. NY-082), with plans due within thirty days of the Department of Labor's model standard of July 6, 2021 (Ex. NY-129) and activated September 6, 2021 (the sector regulators, below). ↩
  97. Fla. Stat. § 381.00315(6) (2020) ("Any person who violates any rule adopted under this section, any isolation or quarantine, or any requirement adopted by the department pursuant to a declared public health emergency, commits a misdemeanor of the second degree") (Ex. DUT-FL-001); § 252.50 ("Any person violating any provision of ss. 252.31-252.90 or any rule or order made pursuant to ss. 252.31-252.90 is guilty of a misdemeanor of the second degree") (Ex. DUT-FL-008); § 252.47 ("The law enforcement authorities of the state and the political subdivisions thereof shall enforce the orders and rules issued pursuant to ss. 252.31-252.90") (Ex. DUT-FL-007), recited as the enforcement clause of Executive Orders 20-112, § 7, 20-123, § 6, and 20-139, § 7 (Ex. FL-022, Ex. FL-027, Ex. FL-034); ch. 386, pt. I (sanitary nuisances, including any act "by which or through which, directly or indirectly, disease may be caused") (Ex. DUT-FL-009); Henry v. DeSantis, 461 F. Supp. 3d 1244 (S.D. Fla. 2020) (Ex. DUT-FL-014) (the Governor's orders "have the force and effect of law"; cited as an adjudication). Maine: 37-B M.R.S. § 786(1) ("Failure to comply with any just or reasonable order relative to enforcement from a duly appointed law enforcement officer is a Class E crime") (Ex. DUT-ME-004), recited in Executive Order 28 FY 19/20, § VI (Ex. ME-011) ("violations are a class E crime subject to up to six months in jail and a $1000 fine") and Executive Order 19-A FY 20/21, § III (Ex. ME-046) ("criminal prosecution pursuant to" 37-B M.R.S. § 786(1)), and incorporated by reference in Executive Order 55 FY 19/20, § III (Ex. ME-025) ("subject to all available methods of enforcement including ... those identified in Executive Orders 14, 19, 28 and 34"); 22 M.R.S. § 804(2) (cease-and-desist order; fine of $250 to $1,000 for each violation, each day uncorrected a separate offense) (Ex. DUT-ME-001), an enabling chapter cited as the source of the Department's orders' force; Bayley's Campground, Inc. v. Mills, 985 F.3d 153 (1st Cir. 2021) (Ex. DUT-ME-012) (cited as an adjudication). ↩
  98. 29 U.S.C. § 654(a)(1)-(2) (Ex. DUT-FED-001); 29 U.S.C. § 666 (civil penalties; 2020-2021 maxima $13,494 per serious violation and $134,937 per willful or repeated violation) (Ex. LAW-481); OSHA, Guidance on Preparing Workplaces for COVID-19, OSHA 3990 (Mar. 2020) (Ex. FED-088); OSHA, Interim Enforcement Response Plan for Coronavirus Disease 2019 (Apr. 13, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-020) (citation under section 5(a)(1) against "the most recent Centers for Disease Control and Prevention (CDC) guidelines and OSHA's guidance"); OSHA news releases on the Smithfield and JBS citations (Sept. 10 and 11, 2020) (Ex. LAW-487, Ex. LAW-488); OSHA news release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067) ("citations arising from 300 inspections," including failures to "Comply with the General Duty Clause"); Occupational Safety and Health Review Commission, Decision and Order, Docket No. 21-0432 (ALJ June 6, 2022) (Ex. DUT-FED-073) (willful general-duty violation for the "recognized hazard of SARS-CoV-2" affirmed against a tax-preparation office, $95,500 assessed; cited as an adjudication). Florida: no State plan and no chapter 442 (Ex. DUT-FL-015). Maine: 80 Fed. Reg. 46487 (Aug. 5, 2015) (Ex. DUT-ME-006) (the State plan "applicable only to public sector employment"; "OSHA ... retains full authority for coverage of private sector employees in the State"); 26 M.R.S. § 561-A (the identical duty on public employers) (Ex. DUT-ME-005). The Service's own Office of Chief Counsel has recited that § 654(a)(1) "requires each employer to furnish to each of his employees employment and a place of employment free from recognized hazards" (AM 2023-007, Ex. LAW-143). ↩
  99. Act of June 14, 2021, 87th Leg., R.S., ch. 528 (S.B. 6), § 5(a) (applying to "an action commenced on or after March 13, 2020") (Ex. DUT-TX-014); Tex. Civ. Prac. & Rem. Code § 148.003(a)(1)(B) (Ex. DUT-TX-015); K.S.A. 2021 Supp. 60-5504(a) (Ex. DUT-KS-015); K.S.A. 60-5502(j) ("Public health directives" means the State statutes, rules and executive orders and the "federal statutes or regulations from federal agencies, including the United States centers for disease control and prevention and the occupational safety and health administration" that are "required by law to be followed") (Ex. DUT-KS-014); 2020 Special Session House Bill 2016, § 15 (retroactive to causes of action accruing on or after Mar. 12, 2020) (Ex. KS-027); ch. 2021-1, § 1, Laws of Fla. (Mar. 29, 2021), codified at Fla. Stat. § 768.38 (Ex. DUT-FL-012) (§ 4: "This act applies retroactively and prospectively"). ↩
  100. Am. Sub. H.B. 606, 133rd G.A., §§ 2(A), 2(B), 2(E), 3(B), 4 (Ex. DUT-OH-020) (applying to "acts, omissions, conduct, decisions, or compliance" from March 9, 2020 "through September 30, 2021"; § 2(B): "A government order, recommendation, or guideline shall neither create nor be construed as creating a duty of care upon any person that may be enforced in a cause of action"; the act addresses tort duty alone and left R.C. 3701.352, 3701.81(C) and 4101.11, each an enactment of the General Assembly, untouched); Or. Laws 2020 (3d Spec. Sess.), ch. 4, § 2 (schools "operating in compliance with COVID-19 emergency rules") (Ex. DUT-OR-008); House Bill 2638 (2021), which would have protected acts "in reasonable compliance with guidance" and died in committee (Ex. DUT-OR-009) (legislative history only; no duty is drawn from it); N.Y. Pub. Health Law § 3082(1)(a), as amended by ch. 134 of the Laws of 2020 (immunity only for services "in accordance with applicable law") (Ex. DUT-NY-016); ch. 96 of the Laws of 2021 (Apr. 6, 2021) (Ex. DUT-NY-018); Wash. Rev. Code § 5.40.050 ("A breach of a duty imposed by statute, ordinance, or administrative rule shall not be considered negligence per se, but may be considered by the trier of fact as evidence of negligence") (Ex. DUT-WA-013); Maine: no general shield was enacted, and 37-B M.R.S. § 822 immunizes only emergency-management actors "complying with or attempting to comply with" the chapter (Ex. DUT-ME-004). ↩
  101. Order of the Health Officer of the City and County of San Francisco No. C19-07 (Mar. 16, 2020; effective 12:01 a.m. Mar. 17, 2020) (Ex. MET-SFO-001) (the coordinated shelter-in-place order of the six Bay Area counties and Berkeley); Order of the Health Officer No. C19-07b (Mar. 31, 2020) (Ex. MET-SFO-002) and the Marin County Health Officer's order of the same date (Ex. MET-SFO-047), with the parallel Santa Clara County order of Mar. 31, 2020; Ex. SEC-09-040 (Apr. 29, 2020; effective May 4, 2020). ↩
  102. Ex. SEC-09-024, Ex. SEC-09-025, Ex. SEC-09-026. ↩
  103. Mayor of the City of New York, Emergency Executive Order No. 103 (Mar. 25, 2020) (Ex. MET-NYC-006); Emergency Executive Order No. 212 (June 26, 2021) (Ex. MET-NYC-014) (the emergency renewed every thirty days through and beyond Sept. 30, 2021). ↩
  104. Los Angeles County Health Officer, Safer at Home Order for Control of COVID-19 (Revised Order Issued Mar. 21, 2020) (Ex. MET-LA-003); Ex. SEC-09-022 (LADBS Announcement No. 5, Mar. 31, 2020); Los Angeles County Health Officer, Revised Temporary Targeted Safer at Home Order: Tier 1 Substantial Surge Updated Response (Dec. 30, 2020) (Ex. MET-LA-012). ↩
  105. Dallas County Judge, Amended Order, Stay Home Stay Safe (Mar. 22, 2020; effective 11:59 p.m. Mar. 23, 2020) (Ex. MET-DFW-005); Amended Orders of Mar. 29, Apr. 2 and Apr. 23, 2020 (Ex. MET-DFW-007, Ex. MET-DFW-010, Ex. MET-DFW-015); Denton County Commissioners Court, Disaster Declaration and Executive Order (Stay at Home Order continued), ¶ viii (Mar. 31, 2020; effective 11:59 p.m.) (Ex. MET-DFW-079) ("Automobile dealerships may continue online sales; showrooms must remain closed."). ↩
  106. Harris County Judge, Stay Home, Work Safe Order (Mar. 24, 2020) (Ex. MET-HOU-005); Miami-Dade County Emergency Orders 01-20 and 03-20 (Mar. 16 and 17, 2020) (Ex. MET-MIA-001, Ex. MET-MIA-002); Philadelphia Emergency Order No. 1 (Prohibition on Non-Essential Businesses) (Mar. 16-17, 2020; effective 5:00 p.m. Mar. 16, 2020) (Ex. MET-PHL-002); City of Atlanta Executive Order 2020-21 (Mar. 23, 2020; effective Mar. 24, 2020) (Ex. MET-ATL-001); City of St. Louis Health Commissioner's Order No. 5 (Stay Home - Essential Activities Only) (Mar. 21, 2020; effective 6:00 p.m. Mar. 23, 2020) (Ex. MET-STL-006); City of New Orleans Health Department Guidelines for COVID-19 Response and Stay at Home Directives (Mar. 20, 2020) (Ex. MET-MSY-003); Chicago Department of Public Health, Public Health Order No. 2020-1 (Mar. 18, 2020) (Ex. MET-CHI-001), Public Health Order No. 2020-3 (Mar. 26, 2020) (Ex. MET-CHI-005) and Public Health Order No. 2020-7 (May 8, 2020) (Ex. MET-CHI-012); Minneapolis Emergency Regulation No. 2020-1 (Mar. 16, 2020; effective Mar. 17, 2020) (Ex. MET-MSP-002); San Diego County Health Officer, Order of Mar. 12, 2020 (effective Mar. 13, 2020) and Amended Order of Mar. 16, 2020 (Ex. MET-SAN-002); Mayor of San Diego, Executive Order No. 2020-3 (Apr. 30, 2020) (Ex. MET-SAN-032) (Convention Center shelter); Denver Department of Public Health and Environment, Public Health Order restricting access to Red Rocks, the Coliseum, the Performing Arts Complex, the Convention Center and McNichols and cancelling permitted outdoor gatherings of 250 or more (Mar. 13, 2020) (Ex. MET-DEN-001); City of Orlando Executive Order (Mar. 20, 2020) (Ex. MET-ORL-060); Louisville Metro release of Mar. 14, 2020 (Ex. MET-SDF-026) (the City's own record of the cancellation of every Metro Parks facility and shelter rental through Apr. 5, 2020, cited as the record of that action); City of Cincinnati and Board of Health, Joint Emergency Order 8, Bike Share and Electric Scooter Closure (Apr. 1, 2020) (Ex. MET-CIN-049); Riverside County Health Officer, Amended Order: Clarification of Governor's Stay-at-Home Order as Related to Short Term Lodging Facilities (Apr. 2, 2020) (Ex. MET-RIV-005). ↩
  107. Ex. MET-CHI-019, Ex. ECO-C-031; Ex. MET-HNL-095; Honolulu Emergency Order No. 2020-02 (Mar. 22, 2020; effective Mar. 23, 2020) (Ex. MET-HNL-004); Emergency Order No. 2021-09 (July 2, 2021; effective July 8, 2021) (Ex. MET-HNL-032); Emergency Order No. 2021-11 (Safe Access Oahu) (Aug. 30, 2021; effective Sept. 13, 2021) (Ex. MET-HNL-035); Proclamation and Emergency Order No. 2021-13 (Sept. 17, 2021; effective Sept. 22, 2021) (Ex. MET-HNL-037); Ex. AGY-AVIATION-SURFACE-047; Greater Orlando Aviation Authority Board policy of June 17, 2020 (Ex. AGY-AVIATION-SURFACE-084); Eighth Judicial District Court, Administrative Order 20-18 (July 8, 2020) (Ex. MET-LAS-042). ↩
  108. Los Angeles County Health Officer, Health Order for Control of COVID-19: Beyond the State's Blueprint for a Safer Economy (July 17, 2021; effective 11:59 p.m. July 17, 2021) (Ex. MET-LA-045); Responding Together at Work and in the Community (July 16, 2021; effective 11:59 p.m. July 17, 2021) (Ex. MET-LA-018) and (Aug. 16, 2021; effective Aug. 19, 2021) (Ex. MET-LA-019); City of Los Angeles, Public Order Under City of Los Angeles Emergency Authority, Safer L.A. (July 17, 2021) (Ex. MET-LA-035) and (Aug. 24, 2021) (Ex. MET-LA-036); Bay Area Health Officers' joint release of Aug. 2, 2021 (Ex. MET-SFO-071) (the officers' own record of the coordinated orders effective 12:01 a.m. Aug. 3, 2021); San Francisco Health Officer Order No. C19-07y, updates of Aug. 2, 2021 (Ex. MET-SFO-010), Aug. 12, 2021 (patron proof of vaccination from Aug. 20, 2021; personnel by Oct. 13, 2021) (Ex. MET-SFO-011) and Aug. 24 and Sept. 10, 2021 (Ex. MET-SFO-017); San Francisco Health Officer, Order requiring verification of vaccine status and requiring testing (Sept. 1, 2021; effective Sept. 15, 2021; superseding the Aug. 20, 2021 order) (Ex. MET-SFO-050); Sacramento County Health Officer, Order Directing All Individuals in the County to Wear Face Coverings Indoors in Workplaces and Public Settings (July 29, 2021; effective July 30, 2021) (Ex. MET-SAC-015); Clark County emergency mitigation measure of July 20, 2021 (Ex. MET-LAS-006) and Clark County Code 3.04.065 (Apr. 21, 2020) (Ex. MET-LAS-026); Eighth Judicial District Court, Administrative Order 21-05 (July 19, 2021) (Ex. MET-LAS-019); King County Local Health Officer, Outdoor and Indoor Masking Orders (Sept. 2, 2021; effective Sept. 7, 2021) (Ex. MET-SEA-002); King County Local Health Officer, Verification of Vaccination Order (Sept. 16, 2021; entry requirement effective Oct. 25, 2021) (Ex. MET-SEA-001) (issued inside the quarter with effect after it; cited as a September 2021 order of an appropriate authority and never as a third-quarter obligation); Denver Department of Public Health and Environment, Public Health Order requiring vaccination of personnel of certain entities (Aug. 2, 2021; full vaccination by Sept. 30, 2021) (Ex. MET-DEN-023); Boulder County Public Health, Public Health Order 2021-08 Requiring Facial Coverings in All Indoor Public Spaces for All Individuals Age 2 and Older Regardless of Vaccination Status (Sept. 2, 2021; effective 5:00 p.m. Sept. 3, 2021) (Ex. MET-DEN-033); Village of Oak Park Public Health Director, COVID-19 Public Health Order - Indoor Mask Requirement (Aug. 5, 2021; effective Aug. 6, 2021) (Ex. MET-CHI-049); Chicago Commissioner of Health, Public Health Order No. 2021-1 (Aug. 20, 2021) (Ex. MET-CHI-026); Dallas County Judge, Order on Required Use of a Face Mask in Certain Public Space (Aug. 11, 2021; effective 11:59 p.m.; "continuing until rescinded") (Ex. MET-DFW-028); Bexar County Judge, Executive Order NW-21 (Aug. 10, 2021; effective 12:01 a.m. Aug. 11, 2021) (Ex. MET-SAT-067); Harris County, Order Requiring Fever and Health Screening and Face Coverings in County Owned or Controlled Buildings (May 25, 2021) (Ex. MET-HOU-037) and Order of the Local Administrative Judge (Aug. 11, 2021; effective Aug. 12, 2021) (Ex. MET-HOU-052); Philadelphia, Amendment to the Full Reopening Order (Additional Masking Requirements) (Aug. 11, 2021; effective 12:01 a.m. Aug. 12, 2021) (Ex. MET-PHL-019), Ex. MET-PHL-020 ("a tent top") and the "Proof of Vaccination" required sign (Ex. MET-PHL-071); Boston Public Health Commission, Order Requiring Face Coverings in the City of Boston (Aug. 20, 2021; effective 8:00 a.m. Aug. 27, 2021) (Ex. MET-BOS-013); Ex. MET-NYC-017 (Emergency Executive Order No. 225), Ex. MET-NYC-018 (No. 228, Aug. 25, 2021), Ex. MET-NYC-019 (No. 239, Sept. 14, 2021), Ex. MET-NYC-021 (No. 250, Sept. 24, 2021); City of New Orleans Health Department, COVID-19 Reopening Guidelines of July 31, 2021 (indoor masks) (Ex. MET-MSY-027), issued under the Mayoral Proclamation of May 15, 2020 and enforced as a condition of operation, and of Aug. 13, 2021 (vaccination or negative test for entry from 6:00 a.m. Aug. 16, 2021) (Ex. MET-MSY-029); Baltimore City Health Commissioner, Updated Directive and Order for Face Coverings (Aug. 10, 2021; effective immediately) (Ex. MET-BAL-017); Montgomery County Board of Health Regulation, Council Resolution 19-975 (Aug. 5, 2021; effective Aug. 7, 2021) (Ex. MET-DCM-023); City of Atlanta Executive Order of July 28, 2021 (Ex. MET-ATL-063) and Ex. GA-043; City of Savannah, Emergency Order No. 29 Requiring Face Coverings or Masks, prohibiting gatherings over fifty on City property, closing City buildings and community centers, cancelling Civic Center events and revoking event permits (Aug. 24, 2021; effective 6:00 p.m.; to 11:59 p.m. Sept. 23, 2021) (Ex. MET-ATL-017); Mecklenburg County Board of Health Rule Requiring Face Coverings (adopted Aug. 18, 2021; effective Aug. 31, 2021) (Ex. MET-CLT-001); City of St. Louis Health Commissioner's Order No. 1 (2021) (July 26, 2021) (Ex. MET-STL-021); Kansas City Committee Substitute for Ordinance No. 210694 (Aug. 19, 2021) (Ex. MET-KC-002); Columbus Ordinance 2388-2021 (Sept. 13, 2021; effective 8:00 a.m. Sept. 14, 2021) (Ex. MET-CMH-050); Cuyahoga County Executive Order No. EO2021-0016 (Aug. 3, 2021) (Ex. MET-CLE-009); Hamilton County courts, Joint Amended Administrative Order No. M210001 (Aug. 11, 2021) (Ex. MET-CIN-007); Marion Circuit Court, Order on Protective Facial Coverings and Social Distancing (Aug. 16, 2021) (Ex. MET-IND-054); Louisville Metro Government mask requirement in city buildings and vehicles (announced July 30, 2021; effective Aug. 2, 2021) (Ex. MET-SDF-017); Memphis Executive Order No. 25-2021 (July 13, 2021) (Ex. MET-BNA-058); Public Health Madison and Dane County, Face Covering Emergency Order (Aug. 17, 2021; effective 12:01 a.m. Aug. 19, 2021) (Ex. MET-MKE-023); Salt Lake City Executive Order No. 3 of 2021, Masks in City Buildings and City Vehicles (July 28, 2021) (Ex. MET-SLC-029); Maricopa County Superior Court, Administrative Order No. 2021-119 (Aug. 4, 2021; effective Aug. 9, 2021) (Ex. MET-PHX-016); Fifth Judicial District of Pennsylvania, Order of Court of Aug. 9, 2021 (AD-21-118) (effective Aug. 10, 2021) (Ex. MET-PIT-036); Minneapolis Resolution 2021R-177 (July 1, 2021; extended Aug. 20, 2021 to Nov. 7, 2021) (Ex. MET-MSP-018); Orange County, Florida, Emergency Executive Order No. 2021-24 (July 28, 2021) (Ex. MET-ORL-013); Hillsborough County Administrator, Order Extending the State of Local Emergency (Extension #68) (July 1, 2021) (Ex. MET-TPA-015); Oakland County Health Division, Emergency Order (2021-01) for Control of Pandemic (Aug. 24, 2021) (Ex. MET-DET-013); Ex. MET-HNL-032, Ex. MET-HNL-035, Ex. MET-HNL-037. ↩
  109. Ex. AGY-ST-DMV-SOS-RECORDERS-076 (California Executive Order N-40-20, ¶ 13), Ex. AGY-ST-DMV-SOS-RECORDERS-018, Ex. AGY-ST-DMV-SOS-RECORDERS-013, Ex. AGY-ST-DMV-SOS-RECORDERS-014, Ex. AGY-ST-DMV-SOS-RECORDERS-016, Ex. AGY-ST-DMV-SOS-RECORDERS-017 (the California DMV's own records of its closure, extensions, reopening, test suspension and commercial-credential extension; context, not orders); Ex. NJ-107 and Ex. AGY-ST-DMV-SOS-RECORDERS-019 (the New Jersey MVC's notices of its closure from Mar. 16, 2020 under Executive Order 107, Ex. NJ-004) and Ex. AGY-ST-DMV-SOS-RECORDERS-027 (extensions to Sept. 30, 2020) (records; context); Ex. IL-053, Ex. IL-055, Ex. IL-056, Ex. IL-057, Ex. IL-058 (the Illinois Secretary of State's records of the closures); Ex. AGY-ST-DMV-SOS-RECORDERS-002, Ex. AGY-ST-DMV-SOS-RECORDERS-003 (the Indiana BMV's records); Ex. AGY-ST-DMV-SOS-RECORDERS-007 (Wisconsin); Ex. MN-056 (Minnesota); Ex. NV-006, Ex. NV-021, Ex. NV-027 (Nevada Directives 004, 026 and 032); Ex. NY-002, Ex. NY-054, Ex. AGY-ST-DMV-SOS-RECORDERS-036 (New York); Ex. PA-102 (Pennsylvania) and PennDOT Coronavirus Statewide operations page (Mar. 30, 2020) (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-100) (the Department's record of the closure of every driver license and photo license center from Mar. 16, 2020 and the suspension of its own construction); Ex. AGY-ST-DMV-SOS-RECORDERS-006 (Nebraska Executive Order No. 20-05, Mar. 19, 2020) and Ex. NE-058 (Executive Order 20-30, July 2, 2020); Ex. AGY-ST-DMV-SOS-RECORDERS-043 (North Carolina S.L. 2020-3, §§ 4.1, 4.7); Ex. AGY-ST-DMV-SOS-RECORDERS-005 (Tennessee Executive Order No. 15, Mar. 19, 2020); Kentucky Transportation Cabinet Official Order No. 112204 (May 28, 2020) (Ex. KY-020) and Ex. AGY-ST-DMV-SOS-RECORDERS-029 (the Cabinet's licensing-changes page); Order of the Governor of Maryland (Mar. 12, 2020) Extending Certain Licenses, Permits, Registrations (Ex. MD-098) and Order 21-06-15-01 (June 15, 2021) (Ex. MD-031) (extensions to Aug. 15, 2021); Ex. CT-003, Ex. CT-062; Ex. RI-086, Ex. RI-087, Ex. RI-088; Ex. VT-006; Ex. IA-002; Ex. KS-031; Ex. UT-011; Ex. MT-028; Ex. ND-052; Ex. SD-030; Ex. TX-069; Ex. OR-057 (Oregon DMV bulletin of June 29, 2021, appointment-based service continuing); Ex. DC-082; remote notarization: Ex. AGY-ST-DMV-SOS-RECORDERS-036 (New York EO 202.7), Ex. AGY-ST-DMV-SOS-RECORDERS-038 and Ex. ECO-C-114 (New Jersey P.L. 2020, c. 26), Ex. AGY-ST-DMV-SOS-RECORDERS-039 and Ex. AGY-ST-DMV-SOS-RECORDERS-040 (Massachusetts ch. 71 of 2020 and ch. 20 of 2021), Ex. AGY-ST-DMV-SOS-RECORDERS-041 (Michigan EO 2020-41, Apr. 8, 2020), Ex. AGY-ST-DMV-SOS-RECORDERS-042 (Maryland Order No. 20-03-30-04, Mar. 30, 2020), Ex. AGY-ST-DMV-SOS-RECORDERS-050 (Vermont Act 95 of 2020, Apr. 28, 2020), Ex. AGY-ST-DMV-SOS-RECORDERS-113 (Mississippi EO 1467), Ex. AGY-ST-DMV-SOS-RECORDERS-044 (Texas), Ex. ECO-C-113 (Illinois EO 2020-14, Mar. 26, 2020). ↩
  110. American Association of Motor Vehicle Administrators, COVID-19 Jurisdiction Temporary Operational Changes tables (Apr. 30 and May 12, 2020) (Ex. SEC-08-005, Ex. SEC-08-004) (the jurisdiction-by-jurisdiction record of closures, appointment regimes and extensions). ↩
  111. Ex. AGY-AVIATION-SURFACE-049, Ex. AGY-AVIATION-SURFACE-048, Ex. AGY-AVIATION-SURFACE-047, Ex. AGY-AVIATION-SURFACE-050 (the Port of Seattle's own records of the actions it took as owner and operator of the airport); Ex. AGY-AVIATION-SURFACE-084 (Greater Orlando Aviation Authority). ↩
  112. Ex. SEC-22-006, Ex. SEC-22-001, Ex. SEC-22-003, Ex. SEC-22-007, Ex. SEC-22-002, Ex. SEC-22-004, Ex. SEC-22-005. ↩
  113. Ex. AGY-AVIATION-SURFACE-028 (Order 2020-4-2), Ex. AGY-AVIATION-SURFACE-033 (Order 2021-1-5), Ex. AGY-AVIATION-SURFACE-035 (Order 2021-4-13). ↩
  114. Federal Aviation Administration, Notice, 85 Fed. Reg. 15018 (Mar. 16, 2020), Docket FAA-2020-0227 (Ex. AGY-AVIATION-SURFACE-005) (slot-usage relief for Mar. 1 to May 31, 2020, extended thereafter through Oct. 30, 2021). ↩
  115. Ex. SEC-09-010, Ex. SEC-09-011, Ex. CA-024, Ex. CA-067; Ex. SEC-09-012, Ex. VA-037, Ex. VA-038; Ex. SEC-09-013, Ex. SEC-09-014, Ex. OR-041, Ex. OR-044, Ex. OR-049; Ex. AGY-ST-LABOR-WORKPLACE-050, Ex. WA-099, Ex. WA-067, Ex. AGY-ST-LABOR-WORKPLACE-054, Ex. AGY-ST-LABOR-WORKPLACE-055; Ex. MI-054, Ex. MI-076, Ex. AGY-ST-LABOR-WORKPLACE-065; Ex. SEC-09-023, Ex. NJ-036, Ex. NJ-050, Ex. NJ-051; Ex. NM-016, Ex. NM-060; Ex. NY-082, Ex. NY-136, Ex. NY-127. ↩
  116. New York Convention Center Operating Corporation, Minutes of the Board of Directors meetings of Mar. 11, 2020, Apr. 22, 2020 ("there have been no events since March 10th and there are no events scheduled through the end of June"; medical station from Mar. 30, 2020) and Jan. 27, 2021 (vaccination center from Jan. 13, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-054, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-055, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-056); Massachusetts Convention Center Authority, statement of Mar. 3, 2020 (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-058) and republished items of Apr. 9, 2020 ("Boston Hope" field hospital) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-043), May 19, 2021 (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-059) and Sept. 3, 2021 (first public convention) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-044) (each the Authority's own record of the closure, conversion and reopening); Metropolitan Pier and Exposition Authority releases of May 26 and Aug. 4, 2021 (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-026, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-027) (McCormick Place closed until its July 2021 reopening; the releases are the Authority's record and are cited as context); Ex. MET-SAN-032; Ex. MET-DEN-001; Ex. MET-LAS-042. ↩
  117. Ex. SEC-08-002, Ex. SEC-08-003, Ex. SEC-08-006; Ex. IL-005, Ex. OH-011, Ex. HI-004, Ex. MT-009, Ex. CO-016, Ex. AL-013, Ex. NH-010 (Exhibit A to Emergency Order #17: "Workers critical to operating rental car companies and Transportation Network Companies (TNCs) that facilitate continuity of operations for essential workforces, and other essential travel"); Ex. TX-008, Ex. FL-010, Ex. GA-010, Ex. LA-005, Ex. NC-005, Ex. TN-007 (incorporating the CISA list). ↩
  118. Ex. SEC-07-022, Ex. MI-017, Ex. SEC-08-001. ↩
  119. Ex. SEC-09-007, Ex. PA-004; Ex. NJ-004 ¶ 6; Empire State Development, Essential Business Guidance (June 8, 2020 version) (Ex. SEC-08-015) and Ex. SEC-09-001 (no vehicle-rental or equipment-rental line; "automotive sales conducted remotely or electronically, with in-person vehicle showing, return, and delivery by appointment only"); Ex. RI-074; Ex. DE-005 ¶ 8. ↩
  120. Notice 2021-20, Q&A-12, at 928-29 (Ex. LAW-101); the answering brief of the United States in Stenson Tamaddon, LLC v. IRS, No. 25-4217 (9th Cir. Jan. 30, 2026) ("Br. for Appellees") at 41 & n.5; the United States' opposition and cross-motion for summary judgment in Stenson Tamaddon, LLC v. IRS, No. 2:24-cv-01123-SPL (D. Ariz. Jan. 6, 2025), ECF No. 44 ("Doc. 44") at 13 n.3, 15. ↩
  121. Ex. SEC-09-007, Ex. PA-002, Ex. NY-015, Ex. SEC-09-001, Ex. SEC-09-002, Ex. SEC-09-031, Ex. SEC-07-022, Ex. WA-016, Ex. SEC-09-004, Ex. SEC-09-030, Ex. SEC-09-024, Ex. MET-SFO-002, Ex. MET-SFO-047, Ex. AK-013, Ex. AK-021; Ex. AGY-AVIATION-SURFACE-049; Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-100 (PennDOT construction suspended Mar. 16, 2020); California Department of Corrections and Rehabilitation, COVID-19 Response Efforts chronology (construction suspended from Mar. 20, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-007) and Ohio Department of Rehabilitation and Correction, COVID-19 Updates (Mar. 11, 2020) (contractor access limits) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-072) (each the department's own record of the suspension it imposed; context, not orders); the job-site standards cited above (the State occupational-safety agencies). ↩
  122. Ex. LAW-201 (the CDC's count of forty-two mandatory stay-at-home jurisdictions); the quarantine orders cited in the fifty-States subsection (Ex. HI-003, Ex. HI-031, Ex. AK-012, Ex. NY-006, Ex. CT-023, Ex. MA-025, Ex. ECO-C-018, Ex. VT-012, Ex. ME-013, Ex. NM-024, Ex. KS-057, Ex. PA-021, Ex. MD-023, Ex. NH-027, Ex. DC-050, Ex. MET-CHI-019, Ex. FL-011, Ex. FL-012, Ex. FL-015, Ex. KY-011, Ex. DE-010, Ex. WV-012, Ex. SC-007, Ex. OK-011, Ex. MT-010, Ex. ID-004, Ex. UT-007, Ex. ND-021, Ex. AZ-012, Ex. WY-010); Ex. FED-200, Ex. FED-201, Ex. FED-202, Ex. FED-203, Ex. FED-204, Ex. FED-207, Ex. FED-208, Ex. FED-216, Ex. FED-239, Ex. FED-232, Ex. FED-233, Ex. FED-234, Ex. FED-235, Ex. FED-255, Ex. FED-256, Ex. FED-257, Ex. FED-258; Ex. AGY-AVIATION-SURFACE-028, Ex. AGY-AVIATION-SURFACE-033, Ex. AGY-AVIATION-SURFACE-035; Ex. FED-020. ↩
  123. The gathering orders cited in the fifty-States subsection; Ex. MD-046; Ex. GA-024 (Executive Order 06.11.20.01, June 11, 2020; conventions and venues closed through June 30, 2020); Ex. GA-025 (Executive Order 06.29.20.02, June 29, 2020; effective July 1, 2020; conventions capacity-tiered from July 1, 2020); Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-054, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-055, Ex. MET-DEN-001, Ex. MET-SAN-032, Ex. MET-LAS-042, and Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-043, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-044 (the Authority's records of the conversion and reopening; context); Ex. MET-NYC-017, Ex. MET-SFO-011, Ex. MET-SFO-050, Ex. MET-MSY-029, Ex. MET-SEA-001, Ex. HI-025. ↩
  124. The retail orders cited in the fifty-States subsection; Ex. SEC-22-014, Ex. SEC-22-015 (the industry's own account of the closure of the retail partners' stores). ↩
  125. Ex. SEC-09-031, Ex. SEC-07-022 (Michigan); Ex. ECO-A-104 (Beige Book, Apr. 15, 2020); Ex. ECO-A-101 (June 8, 2021); Ex. SEC-08-020 (86 Fed. Reg. 53031, Sept. 24, 2021); Ex. SEC-08-021 (Executive Order 14017, Feb. 24, 2021); Ex. SEC-08-022 (Beige Book, Sept. 8, 2021); Ex. NV-014 (Nevada showrooms closed Apr. 8, 2020), Ex. MET-DFW-007 (Dallas County), Ex. NJ-004 (dealerships confined to maintenance and repair), Ex. SEC-08-015 (New York dealers by appointment only). ↩
  126. Governor of California, Executive Order N-26-20 (Mar. 13, 2020) (Ex. ECO-B-017) (school closures); Governor of Texas, Executive Order GA-08 (Mar. 19, 2020; effective 11:59 p.m. Mar. 20, 2020) (Ex. ECO-B-018) and Executive Order GA-16 (Apr. 17, 2020; school closure through the end of the 2019-20 school year) (Ex. ECO-B-019); Ex. FED-170, Ex. FED-171 (the paid-leave mandate); Governor of New Jersey, Executive Order No. 251 (Aug. 6, 2021; effective Aug. 9, 2021) (Ex. NJ-055, Ex. ECO-B-029); Governor of Connecticut, Executive Order No. 13A (Aug. 5, 2021) (Ex. CT-050, Ex. ECO-B-036); 10 NYCRR 2.60 (Aug. 27, 2021) (Ex. ECO-B-054, Ex. NY-073); Governor of Rhode Island, Executive Order 21-87 (Aug. 19, 2021) (Ex. ECO-B-066); Ex. IL-042 (Illinois schools from Aug. 30, 2021) (Ex. ECO-B-080); Acting Secretary of Health of Pennsylvania, Order Directing Face Coverings in School Entities (Aug. 31, 2021; effective Sept. 7, 2021) (Ex. PA-042, Ex. ECO-B-087); Virginia State Health Commissioner, Order of Public Health Emergency Ten (Aug. 12, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-029); Massachusetts DESE Mask Requirement (Aug. 25, 2021) (Ex. MA-071); Ex. IN-092 (Indiana control measures); Arkansas Department of Health, quarantine notice (May 22, 2020; continuing through 2021) (Ex. AR-073); Rhode Island Executive Order 21-26 (Mar. 19, 2021; extended by Executive Orders 21-36, 21-52, 21-66, 21-78 and 21-84 to Sept. 1, 2021 and replaced that day by Executive Order 21-93 (Ex. RI-059), which carried the quarantine-and-isolation order through the quarter) (Ex. RI-036) (quarantine and isolation); Delaware Twenty-Ninth Modification, § J.3 (quarantined employees excluded from on-premises work to July 12, 2021) (Ex. DE-038); Ex. FED-020 (transit); Ex. FED-080 (Healthcare ETS). ↩
  127. Ex. FED-200, Ex. FED-201, Ex. FED-202, Ex. FED-203, Ex. FED-204, Ex. FED-207, Ex. FED-208, Ex. FED-209; Ex. FED-216, Ex. FED-239, Ex. FED-217, Ex. FED-241, Ex. FED-232, Ex. FED-233, Ex. FED-234, Ex. FED-235, Ex. FED-236, Ex. FED-255, Ex. FED-256, Ex. FED-257, Ex. FED-258; Ex. FED-037, Ex. FED-038; Ex. FED-042; Ex. FED-327; Ex. FED-210, Ex. FED-211. The foreign instruments (Canada's discretionary-entry bar on United States residents to Aug. 9, 2021 and its testing and quarantine rules thereafter; the European Union's Council Recommendation removing the United States from its list on Aug. 30, 2021; China's entry suspension; Mexico's tiered system) are context only, and this analysis treats none of them as an order of an appropriate governmental authority. ↩
  128. Ex. FED-070, Ex. FED-073, Ex. FED-074; Ex. SEC-09-031, Ex. SEC-07-022, Ex. ECO-A-104; Ex. ECO-A-101; Board of Governors of the Federal Reserve System, The Beige Book (July 14, 2021) (Ex. ECO-A-106) ("Supply-side disruptions became more widespread, including shortages of materials and labor, delivery delays, and low inventories of many consumer goods") and (Sept. 8, 2021) (Ex. ECO-A-107, Ex. SEC-08-022) (the "ongoing microchip shortage"; the deceleration "largely attributable to a pullback in dining out, travel, and tourism in most Districts, reflecting safety concerns due to the rise of the Delta variant, and, in a few cases, international travel restrictions"). ↩
  129. Education Week, school-closure tracker (at peak "at least 55.1 million students in 124,000 U.S. public and private schools") (Ex. LAW-229); Ex. LAW-212; Ex. FED-170, Ex. FED-171; the 2021-22 school orders cited above (schools, child care, transit and health care) and Ballotpedia's school-mask tabulation (Ex. LAW-237); Ex. IN-092, Ex. AR-073, Ex. RI-036, Ex. DE-038. ↩
  130. Ex. LAW-225, Ex. LAW-226; Ex. ECO-A-107; Ex. HI-025. ↩
  131. The motor-vehicle, recorder and notarial instruments cited above (the motor-vehicle agencies). ↩
  132. Ex. FED-020; Ex. FED-080; the elective-procedure suspensions of the spring of 2020 are catalogued on this site's Hospitals and Health Systems and Physician Practices pages (e.g., Colorado Executive Order D 2020 009; Hawaii Sixth Supplementary Proclamation, Exhibit A (Ex. HI-007)). ↩