The COVID Project
The record
- Jurisdiction
- Connecticut (United States District Court for the District of Connecticut) · Connecticut
- Level
- Court
- Authority
- 28 U.S.C. § 1331; 42 U.S.C. § 1983; Jacobson v. Massachusetts, 197 U.S. 11 (1905); Conn. Gen. Stat. §§ 28-9, 28-8a
- Issued
- 2020-05-19 May 19, 2020
- Effective
- 2020-05-19
- End
- final ruling on the motion (motion denied) (read as 2021-09-30)
- In force
- May 19, 2020 to Sept. 30, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureGathering capOther
- Addressees
- specified businesses (restaurants and bars; the 50's Lounge, New Haven) and, by its reasoning, every business addressed by EOs 7, 7D, 7G and 7N
- Character
- adjudication
- Collection
- Standing duties: Connecticut DUT-CT
Operative words
under the Jacobson standard, I conclude that Executive Order 7N is within the state's power to protect public health during an epidemic and is not a "plain, palpable" invasion of the Plaintiffs' right to freedom of assembly.
Penalty
None imposed by the ruling; the ruling left the orders and their enforcement in place (footnote 4 quotes § 28-9(a)-(b) and § 28-8a(a))
What it required
Confirmed that a Connecticut restaurant had no right to operate free of the Governor's gathering and off-premises-only orders: the orders were valid exercises of the State's power under § 28-9, had a 'real and substantial relation' to curbing the virus, and the business was bound to comply. Character as recorded: adjudication (orders upheld).
Retrieval noteOfficial slip opinion from GovInfo (29 pages). At 22: 'The COVID-19 pandemic constitutes the sort of public health crisis... contemplated by the Jacobson court'; at 23: EO 7N 'has a "real and substantial relation" to the state's goal of curbing the spread of the virus,' quoting the order's recital of CDC and DPH recommendations and the 'need to enact further mandatory distancing measures.' Character coded statutory_duty because the ruling is judicial confirmation that the orders bound the business under § 28-9.