The COVID Project
The record
- Jurisdiction
- Alaska (Third Judicial District at Anchorage) · Alaska
- Level
- Court
- Authority
- Alaska Civil Rule 65 (temporary injunction); Anchorage Emergency Order EO-15 (Ex. AK-073) and the Mayor's emergency powers, which the court found 'the defendants did not oppose'
- Issued
- 2020-08-07 Aug. 7, 2020
- Effective
- 2020-08-07
- End
- Settlement accepted by the court Aug. 11, 2020 (defendants agreed to obey EO-15; municipality suspended the fines) (press reports; not saved); EO-15 expired Aug. 30, 2020 (read as 2020-08-11)
- In force
- Aug. 7, 2020 to Aug. 11, 2020
- Quarters
- 2020 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureStanding dutyOperating condition
- Addressees
- specified businesses (restaurants and breweries under EO-15; 'businesses such as Kriner's Diner' and 'businesses similarly situated')
- Character
- adjudication
- Collection
- Standing duties: Alaska DUT-AK
Operative words
Defendants are ordered to comply with EO-15. Specifically they are prohibited from providing, allowing or facilitating, directly or indirectly, indoor dining. The Plaintiff has demonstrated that the Anchorage public will suffer irreparable harm by allowing businesses such as Kriner's Diner to violate Emergency Order-15.... A property interest cannot outweigh a person's interest in life.
Penalty
Injunctive compliance order; municipal fines for the days of defiance (suspended by the Aug. 11, 2020 settlement); contempt sought by the Municipality on Aug. 8, 2020 (docket filings on the court's public page, not saved)
What it required
Enforced a municipal COVID-19 emergency order against a business by injunction: the court held that indoor dining 'exacerbates the risk of the spread of COVID-19', that the economic interests of the diner 'and businesses similarly situated are adequately protected by the ability to continue business operations by serving food outdoors, curbside, to-go orders or for delivery', that 'the closure of a business would be warranted', and that the defendants 'willfully violated EO-15'. Character as recorded: adjudication (order_penalty layer).
Retrieval noteThe order is a scanned signed original with an OCR text layer; the case number reads '3AN-20-7394 C[I]' on the caption and is reported as 3AN-20-07394 CI by the Alaska Court System's public docket page and the press. The court's public case page (public.courts.alaska.gov/web/media/docs/kriner/) also holds the Municipality's motion, the defendants' opposition and the motion for reconsideration.