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Ex. DUT-DC-019 Standing duty Primary source read

OAG press release, 'AG Racine Announces Urban Athletic Club Must Pay $10K Penalty for Failing to Comply With COVID-19 Health and Safety Requirements' (Feb. 4, 2021), announcing the settlement of District of Columbia v. Urban Athletic Club

AG Racine Announces Urban Athletic Club Must Pay $10K Penalty for Failing to Comply With COVID-19 Health and Safety Requirements

Office of the Attorney General for the District of Columbia (Attorney General Karl A. Racine) · District of Columbia (State)

The COVID Project

The record

Jurisdiction
District of Columbia
Level
State
Authority
Protecting Businesses and Workers from COVID-19 acts; Consumer Protection Procedures Act; Mayor's Orders 2020-080, 2020-119, 2021-004 and DC Health guidance for gyms
Issued
2021-02-04 Feb. 4, 2021
Effective
2021-02-04
End
compliance obligations 'over the next year' (to Feb. 2022) (read as 2021-09-30)
In force
Feb. 4, 2021 to Sept. 30, 2021
Quarters
2021 Q12021 Q22021 Q3
Limitation types
Capacity limitGathering capFace-covering requirementWorkplace rulesStanding duty
Addressees
  • specified businesses (gyms and workout studios); by the Attorney General's statement, businesses generally
Character
enforcement record
Collection
Standing duties: District of Columbia DUT-DC

Operative words

The company must comply with COVID-19 safety measures required by District law and public health guidance. Among other terms, Urban Athletic Club must require everyone inside the gym to wear a mask, require those who are within six feet of each other outdoors during gym activities to wear a mask, and provide masks to all employees.

Penalty

$10,000 penalty paid to the District; additional $10,000 on default; one-year compliance obligation

What it required

Records the $10,000 penalty ('$5,000 to the District within one week of the settlement and another $5,000 within six months') and the consent terms: compliance with 'COVID-19 safety measures required by District law and public health guidance', masks indoors and within six feet outdoors, masks provided to all employees, continued suspension of indoor group classes and of outdoor classes of more than 25 'while the current COVID-19 Order is in effect', compliance 'with all future orders and legislation affecting gyms and workout studios', and an additional $10,000 penalty on default. Character as recorded: enforcement_record (press release; order_penalty layer).

Retrieval note

The settlement made 'public health guidance' part of the legally required measures the company must follow, the same treatment the orders give DC Health guidance ('must be followed', Exs. DC-029, DC-079; 'are to be treated as lawful regulations', Ex. DC-057).