The COVID Project
The record
- Jurisdiction
- Iowa
- Level
- State
- Authority
- Iowa Att'y Gen., Frequently Asked Health-Related Legal Questions §§ 1.1-1.3, 4.3-4.4 (updated June 3, 2020)
- Issued
- 2020-06-03 June 3, 2020
- Effective
- 2020-06-03
- End
- guidance document; no sunset stated (read as 2021-09-30)
- In force
- June 3, 2020 to Sept. 30, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureCapacity limitQuarantine and isolationStanding dutyOperating condition
- Addressees
- persons generally; businesses and establishments; local boards of health; peace officers; health care providers
- Character
- agency position statement
- Collection
- Standing duties: Iowa DUT-IA
Operative words
Under Iowa Code chapters 29C and 135, these orders are enforceable by peace officers and a violation of such orders is a crime... In April and May of 2020, the Governor issued voluntary reopenings of many closed businesses provided they comply with specific measures intended to keep the public safe.
Penalty
simple misdemeanor (§ 135.38) for knowing violation of a Department isolation or quarantine order or of the proclamations' orders; warrantless arrest (§ 29C.18(2)).
What it required
The Attorney General's statement of the law: the proclamations' closure and gathering orders 'are enforceable by peace officers and a violation of such orders is a crime' (§§ 29C.18(1)-(2), 135.35, 135.38); reopening was permitted only 'provided they comply with specific measures,' including capacity limits, 'social distancing policies, and... other reasonable precautions pursuant to Iowa Department of Public Health guidance'; local boards must enforce the Department's orders; peace officers have a duty to enforce quarantine and isolation orders. Character as recorded: agency_position_statement (release, FAQ, memorandum or statement; order_penalty layer).
Retrieval noteThe word 'voluntary' in § 1.3 modifies 'reopenings' (a business could choose to reopen) and is immediately conditioned: 'provided they comply with specific measures intended to keep the public safe.' § 1.3 continues: 'take other reasonable precautions pursuant to Iowa Department of Public Health guidance,' and refers to the IDPH 'Public Health COVID-19 Reopening Guidance' (DUT-IA-016). § 4.4 cites 641 IAC 1.9(2) and 1.9(10)(c), confirming the 2020 numbering of the quarantine rule now at 641-1.6 (DUT-IA-012).