The COVID Project
The record
- Jurisdiction
- North Carolina
- Level
- State
- Authority
- North Carolina Emergency Management Act, G.S. ch. 166A, Article 1A, Part 5
- Effective
- standing throughout 2020-2021
- End
- standing (read as 2021-09-30)
- In force
- Standing (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 closureGathering capCurfew and hoursAlcohol and barsStanding duty
- Addressees
- persons generally; offices, business establishments and other places where people travel or congregate; sellers of alcoholic beverages
- Character
- order penalty
- Collection
- Standing duties: North Carolina DUT-NC
Operative words
(b)... may permit prohibitions and restrictions:... (2) Of the operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate.... (5) Upon other activities or conditions the control of which may be reasonably necessary to maintain order and protect lives or property during the state of emergency.
Penalty
Class 2 misdemeanor, G.S. 14-288.20A(1) (local) and (2) (gubernatorial through 166A-19.30(c)(1)) (Ex. DUT-NC-004)
What it required
Defines the prohibitions and restrictions that counties, cities and (through G.S. 166A-19.30(c)(1)) the Governor could impose by declaration, including restrictions on the operation of offices and business establishments and on the congregation of people, which 'shall take effect in the emergency area immediately upon publication of the declaration' (subsec. (d)); violation is a Class 2 misdemeanor under G.S. 14-288.20A(1)-(2).
Retrieval noteThe Supreme Court of North Carolina reads subsecs. (b)(2) and (b)(5) as 'authorizing prohibition and restriction of the operation of business establishments and other activities reasonably necessary to maintain order and protect lives during a state of emergency', exercised by the Governor through G.S. 166A-19.30(c) (Ex. DUT-NC-019 at 22-23 & n.7). The county and city mask and gathering orders of 2020-2021 (Exs. NC-074, NC-075; the CLT metro file) rest on this section.