The COVID Project
The record
- Jurisdiction
- Ohio
- Level
- State
- Authority
- Ohio Const. art. II, sec. 1 (legislative power); the police power of the State
- Issued
- 2013-09-29 Sept. 29, 2013
- Effective
- in force September 29, 2013 through June 22, 2021 (the whole of 2020 Q2 to 2021 Q2 less the last eight days) (read as 2013-09-29)
- End
- standing (this version superseded June 23, 2021 by the Sub. S.B. 22 version, Ex. DUT-OH-002) (read as 2021-06-23)
- In force
- Standing since Sept. 29, 2013 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationBusiness closureGathering capQuarantine and isolationStanding duty
- Addressees
- the Department of Health and its Director; through the orders issued under it, persons generally, all businesses and operations, and owners or persons in control of premises
- Character
- statutory authority
- Collection
- Standing duties: Ohio DUT-OH
Operative words
The department of health shall have supervision of all matters relating to the preservation of the life and health of the people and have ultimate authority in matters of quarantine and isolation, which it may declare and enforce... The department may make special or standing orders or rules... for preventing the spread of contagious or infectious diseases
Penalty
Violation of any rule or order issued under this chapter to prevent a pandemic threat is a misdemeanor of the second degree (R.C. 3701.352, 3701.99(C), Exs. DUT-OH-004, DUT-OH-005); enforcement by boards of health, police officers, sheriffs and constables (R.C. 3701.56, Ex. DUT-OH-006)
What it required
Vested the Department of Health with 'ultimate authority' over quarantine and isolation and the power to issue 'special or standing orders or rules' against the spread of contagious disease, the authority recited in every Ohio closure, gathering, reopening, mask, curfew and retail-compliance order of 2020-2021 (Exs. OH-002 to OH-104), and authorized the Department to 'make and enforce orders in local matters' when an emergency exists. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteAuthenticated PDF of the Legislative Service Commission's codes.ohio.gov, prior-version page. Every Director's Order in States/OH recites this section as its authority (e.g., Ex. OH-011 preamble; Ex. OH-014 para. 17). The Hartman v. Acton docket (S.D. Ohio No. 2:20-cv-1952) was read on govinfo but not saved: the April 21, 2020 order denying the bridal shop's TRO is not among the govinfo documents, and Doc. 24 (Nov. 3, 2020) addresses mootness and the pleading of the vagueness and delegation claims rather than the duty of businesses.