The COVID Project
The record
- Jurisdiction
- Montana
- Level
- State
- Authority
- Mont. Code Ann. 10-3-103, -104, -302, -305; 50-1-202, -203, -204; EOs 2-2020 and 3-2020
- Issued
- 2020-05-19 May 19, 2020
- Effective
- 2020-06-01
- End
- 2021-01-15 (capacity, hours and gathering limits removed by the Directive of Jan. 13, 2021, Ex. MT-020); phased reopening declared 'no longer in force' Feb. 12, 2021 (Ex. MT-021) (read as 2021-01-15)
- In force
- June 1, 2020 to Jan. 15, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q1
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Telework mandateCapacity limitGathering capWorkplace rulesOperating condition
- Addressees
- all businesses; employers; specified businesses (restaurants, bars, casinos, gyms, pools, places of assembly, senior living)
- Character
- order operating condition
- Collection
- Standing duties: Montana DUT-MT
Operative words
All businesses may operate, provided they adhere to physical distancing and the conditions in this Directive, the Phase Two Guidelines, and all other Directives and guidance remaining in effect. Businesses should follow CDC sanitation protocols.... places of assembly... must adhere to strict physical distancing guidelines... and follow CDC sanitation protocols.
Penalty
Public health order under 50-1-103(2) (DUT-MT-004)
What it required
The permission to operate was expressly conditional ('may operate, provided they adhere to physical distancing and the conditions in this Directive'); restaurants, bars and casinos kept the Phase One conditions at 75 percent; gyms and pools could operate 'only if they can adhere to strict physical distancing and they exercise frequent sanitation protocols'; places of assembly 'must adhere' to distancing 'and follow CDC sanitation protocols'; groups over 50 'should be cancelled unless physical distancing can be maintained'. Recorded exactly: the CDC sanitation protocols are 'should' for businesses generally and part of a 'must' clause for places of assembly; the Appendix's 'Health assessments must be conducted' and cleaning-plan clauses continued.
Retrieval noteEmployers 'should continue to permit telework as much as possible and where feasible' (recommendation). The Governor's Sept. 4, 2020 letter (Ex. MT-038) construed the 50-person rule.