The COVID Project
The record
- Jurisdiction
- Iowa
- Level
- State
- Authority
- Iowa Code § 135.144 (2021)
- Issued
- 2020-11-24 Nov. 24, 2020
- Effective
- standing; operative upon a proclaimed public health disaster (Iowa: Mar. 17, 2020 to Feb. 15, 2022; IA-002, IA-043) (read as 2020-03-17)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Mar. 17, 2020 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureSchools and child careHealth care ordersQuarantine and isolationStanding duty
- Addressees
- persons generally; businesses and establishments; schools; health facilities (as the objects of the measures)
- Character
- statutory authority
- Collection
- Standing duties: Iowa DUT-IA
Operative words
If a public health disaster exists, the department, in conjunction with the governor, may do any of the following:... 3. Take reasonable measures as necessary to prevent the transmission of infectious disease and to ensure that all cases of communicable disease are properly identified, controlled, and treated.... 8. Isolate or quarantine individuals or groups of individuals
Penalty
Iowa Code § 135.38: knowing violation of any lawful order of the department or its officers is a simple misdemeanor (DUT-IA-004); enforcement by all peace officers under § 135.35 (DUT-IA-011).
What it required
Supplies the power under which every operative section of the Iowa proclamations (closures, gathering prohibitions, employer directives, mask requirement, screening and dental orders) was issued 'Pursuant to Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health'; also authorizes vaccination, treatment, testing orders and school closure (subs. 5-7, 13). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteEvery Iowa proclamation section imposing a business, employer, gathering, mask, screening or dental requirement recites § 135.144(3) (OCR of IA-007, IA-010, IA-012, IA-014, IA-018, IA-029, IA-030, IA-035). In Riley Drive (DUT-IA-017) the district court held the August 27, 2020 bar closure satisfied § 135.144(3)'s 'reasonable' and 'necessary' standard.