The COVID Project
The record
- Jurisdiction
- United States District Court for the District of Maine · Maine
- Level
- Court
- Authority
- 28 U.S.C. sec. 1331; 42 U.S.C. sec. 1983; Fed. R. Civ. P. 65
- Issued
- 2020-05-29 May 29, 2020
- Effective
- 2020-05-29
- End
- affirmed as to the right-to-travel claim, 985 F.3d 153 (1st Cir. Jan. 14, 2021) (Ex. DUT-ME-012) (read as 2021-01-14)
- In force
- May 29, 2020 to Jan. 14, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Travel and quarantineQuarantine and isolationOperating condition
- Addressees
- persons generally (all travelers into Maine); specified businesses (lodging, campgrounds); the Governor
- Character
- adjudication
- Collection
- Standing duties: Maine DUT-ME
Operative words
Violations of Executive Order 34 are punishable as a Class E crime, which carries a penalty of up to six months in jail and a $1,000 fine.... Executive Order 34 'may be enforced by any governmental department or official that regulates, licenses, permits or otherwise authorizes the operations of occupancy of buildings, parks and campgrounds[.]'
Penalty
as recited: Class E crime, up to six months in jail and a $1,000 fine; enforcement through licenses, permits and occupancy authorizations
What it required
The court stated, as the law of Maine, that the traveler-quarantine order bound every person and every lodging business on pain of a Class E crime and license consequences, described the Governor's enforcement design ('by education and community policing, by licensing actions where applicable, and, pursuant to 37-B M.R.S. sec. 786, by law enforcement as a Class E crime after an individual has failed to comply with a just or reasonable order relative to enforcement of the Order,' at 10), and refused to enjoin it. Character as recorded: adjudication (order_penalty layer).
Retrieval notePins: the penalty and license passage is at 3 (ECF No. 20, page 3 of 28); the enforcement-design passage is at 10. The court refused the injunction on the right-to-travel and other claims while declining to treat Jacobson v. Massachusetts as the standard for a right-to-travel claim (at 12-14). EO 34 is Ex. ME-013; EO 57, which replaced it on June 9, 2020, is Ex. ME-026.