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Ex. DUT-CO-010 Standing duty Primary source read

Frequently Asked Questions: Enforcement of Public Health Orders (revised Mar. 31, 2020)

Frequently Asked Questions: Enforcement of Public Health Orders

Colorado Attorney General Phil Weiser (Department of Law) · Colorado (State)

The COVID Project

The record

Jurisdiction
Colorado
Level
State
Authority
C.R.S. §§ 25-1.5-101, 25-1.5-102, 25-1-114, 25-1-506, 25-1-516 (restated); Executive Order D 2020 017
Issued
2020-03-31 Mar. 31, 2020
Effective
2020-03-31 (interpretive statement; an earlier version was posted in March 2020 with the Mar. 20, 2020 release, Ex. DUT-CO-016) (read as 2020-03-31)
End
Statement of standing law; the FAQ describes the Stay at Home order 'in effect until April 11, 2020, unless it is rescinded or modified' (read as 2020-04-11)
In force
Standing since Mar. 31, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q2
Limitation types
Stay-at-homeBusiness closureGathering capStanding duty
Addressees
  • persons generally; employers; specified businesses (restaurant and liquor licensees named)
Character
agency position statement
Collection
Standing duties: Colorado DUT-CO

Operative words

Are residents and businesses required to follow these public health orders? Yes. Any person who violates an order may be subject to civil and criminal penalties. Violation of a public health order is a misdemeanor and can be punished by a fine of up to $1,000 or up to one year in jail. Individuals who violate an order... could have a state license--such as a restaurant or liquor license--revoked.

Penalty

Misdemeanor, fine up to $1,000 or jail up to one year (§ 25-1-114); abatement costs; State license revocation; injunctive orders in State court

What it required

The State's chief legal officer stated that residents and businesses are required to follow the public health orders, that violation is a misdemeanor punishable by fine and jail, that violators may lose State licenses such as restaurant and liquor licenses, and that county attorneys, district attorneys and the Attorney General can obtain court orders forcing an individual or business to comply. Character as recorded: agency_position_statement (release, FAQ, memorandum or statement; order_penalty layer).

Retrieval note

Further verbatim passages: 'Under Colorado law, the executive director of the Colorado Department of Public Health and Environment (CDPHE) has the authority to close theaters, schools, and other public places. The executive director also may forbid gatherings of people, or may seek isolation or quarantine of individuals, when necessary to protect the public health, and to investigate and control the causes of epidemic and communicable diseases affecting the public health.' 'Under Colorado law, it is unlawful for any person, association, or corporation to willfully violate, disobey, or disregard the provisions of the public health laws or the terms of this or any other public health order.' 'A county attorney representing a local public health agency can seek a judge's order in state court to force an individual or business to immediately comply with an order.' 'The Colorado Attorney General, representing CDPHE, can seek a judge's order in state court to force an individual or business to immediately comply with an order'. The State 'is recommending that local law enforcement and/or local public health agencies first reach out to the entity to seek voluntary compliance' (an enforcement sequence, not a description of the duty).