Ex. DE-002 Order Confirmed from a secondary source

First Modification of the Declaration of a State of Emergency

First Modification of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat (restaurants, taverns and bars limited to take-out and delivery; gatherings of 50 or more banned; casino gaming closed; DEMA and DPH powers)

Governor John C. Carney · Delaware (State)

Open exhibit (PDF, 143 KB)Source

The COVID Project

Jurisdiction

Delaware

Level

State

Authority

20 Del. C. ch. 31

Issued

2020-03-16 Mar. 16, 2020

Effective

2020-03-16 8:00 p.m. E.D.T. (issued 2:00 p.m.) (read as 2020-03-16)

End

Restaurant limits carried into the Second Modification and the Phase 1 reopening (dine-in at 30 percent June 1, 2020); gathering ban superseded Apr. 2, 2020 (DE-012); all prior Modifications struck Sept. 4, 2020 (DE-031) (read as 2020-06-01)

In force

Mar. 16, 2020 to June 1, 2020

Quarters

2020 Q2

Limitation types

Emergency declaration Business closure Gathering cap Alcohol and bars Events and venues

Addressees

restaurants, taverns and bars
organizers of gatherings
casinos
DEMA
DPH
Secretary of Labor

Functions reached

DR dining room closed
BA bar service closed
GATH/MK events over 50 banned
AM casinos closed
CB customer base

Collection

Delaware DE

Operative words

Governor's release of Mar. 16, 2020 (Ex. DE-070): the modification 'which takes effect at 8:00 p.m. tonight, March 16 -- also bans public gatherings of 50 or more people,... and closes gaming activity at Delaware casinos' and limits 'restaurants, taverns and bars to take-out and delivery service only.' Recital in the Fifth Modification: the First Modification advised 'that the CDC issued new guidance for large events and mass gatherings, including conferences, social events, concerts and other types of assemblies' (Ex. DE-006 at 1). DEMA/DPH Joint Order recital: the First Modification authorized DEMA and DPH to take 'such other measures as they deem necessary to protect the health and safety of the public' (Ex. DE-008 at 1).

Enforcement

20 Del. C. §§ 3115(b), 3116(9), 3122, 3125

Notes

The first Delaware business-closure instrument; the Governor's release (DE-070) fixes the 8:00 p.m. Mar. 16 effective time. The Second Modification (DE-003) restated the food-service limit and added take-out alcohol.

Retrieval note

Scanned image; contents verified from the Governor's own release (DE-070, saved) and from recitals in DE-005, DE-006, DE-008 and DE-031.

The chain

Related instruments

Download this chain (ZIP: 13 files, ~3.7 MB)

Exhibit	Instrument	Issuer	Issued	Quarters	Relation
Ex. DE-012	Ninth Modification of the Declaration of a State of EmergencyNinth Modification of the Declaration of a State of Emergency (gatherings of ten or more prohibited; twenty…	Governor John C. Carney	Apr. 1, 2020	2020 Q2	Named in this instrument's effective or end text
Ex. DE-031	Twenty-Seventh Modification of the Declaration of a State of Emergency (the 'Omnibus Modification')Twenty-Seventh Modification of the Declaration of a State of Emergency (consolidating all active COVID-19…	Governor John C. Carney	Sept. 3, 2020	2020 Q32020 Q42021 Q12021 Q2	Named in this instrument's effective or end text
Ex. DE-070	Governor's release announcing the First Modification of the Declaration of a State of EmergencyGovernor Carney Limits Restaurants to Take-Out and Delivery (restaurants, taverns and bars take-out and…	Governor John C. Carney	Mar. 16, 2020	2020 Q2	Names this instrument in its effective or end text
Ex. DE-003	Second Modification of the Declaration of a State of EmergencySecond Modification of the Declaration of a State of Emergency (take-out alcohol; closure of bowling alleys…	Governor John C. Carney	Mar. 18, 2020	2020 Q2	Same issuer, within ninety days
Ex. DE-005	Fourth Modification of the Declaration of a State of EmergencyFourth Modification of the Declaration of a State of Emergency (designation of Essential and Non-Essential…	Governor John C. Carney	Mar. 22, 2020	2020 Q22020 Q3	Same issuer, within ninety days
Ex. DE-006	Fifth Modification of the Declaration of a State of EmergencyFifth Modification of the Declaration of a State of Emergency (shelter in place; prohibited and permitted…	Governor John C. Carney	Mar. 22, 2020	2020 Q2	Same issuer, within ninety days
Ex. DE-008	Joint Order of the Department of Health and Social Services and the Delaware Emergency Management AgencyJoint Order authorizing out-of-state and lapsed-license health-care and mental-health providers to practice in…	A.J. Schall, Director, Delaware Emergency Management Agency, and Karyl T. Rattay, M.D., Director, Division of Public Health, on behalf of DHSS	Mar. 23, 2020	2020 Q22020 Q32020 Q42021 Q12021 Q2	Cross-referenced
Ex. DE-001	Declaration of a State of Emergency for the State of Delaware Due to a Public Health ThreatDeclaration of a State of Emergency for the State of Delaware Due to a Public Health Threat	Governor John C. Carney	Mar. 12, 2020	2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3	Same issuer, within ninety days
Ex. DE-004	Third Modification of the Declaration of a State of EmergencyThird Modification of the Declaration of a State of Emergency (closure of all Delaware beaches except for…	Governor John C. Carney	Mar. 21, 2020	2020 Q2	Same issuer, within ninety days
Ex. DE-007	Declaration of a Public Health Emergency for the State of DelawareDeclaration of a Public Health Emergency (Public Health Authority designated; medical-supply and bed-capacity…	Governor John C. Carney	Mar. 23, 2020	2020 Q22020 Q32020 Q42021 Q12021 Q2	Same issuer, within ninety days
Ex. DE-068	Governor's order closing Delaware schools through May 15, 2020Governor Carney Closes Delaware Schools Through May 15	Governor John C. Carney	Mar. 23, 2020	2020 Q2	Same issuer, within ninety days
Ex. DE-009	Sixth Modification of the Declaration of a State of EmergencySixth Modification of the Declaration of a State of Emergency (elections rescheduled; eviction moratorium…	Governor John C. Carney	Mar. 24, 2020	2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3	Same issuer, within ninety days