The COVID Project
The record
- Jurisdiction
- Ohio
- Level
- State
- Authority
- Ohio Const. art. II, sec. 1; the police power of the State
- Issued
- 1974-01-01 Jan. 1, 1974
- Effective
- January 1, 1974 (read as 1974-01-01)
- End
- standing (amended April 6, 2023 by H.B. 281, 134th G.A., in gender-neutral form only) (read as 2023-04-06)
- In force
- Standing since Jan. 1, 1974 (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
- Workplace rulesQuarantine and isolationStanding duty
- Addressees
- persons generally (division (A)); persons having charge or care of an infected person (division (B)); owners or persons in control of a public conveyance or a 'place of public accommodation, amusement, resort, or trade' (division (C))
- Character
- statutory duty
- Collection
- Standing duties: Ohio DUT-OH
Operative words
(C) No person, having charge of a public conveyance or place of public accommodation, amusement, resort, or trade, and knowing or having reasonable cause to believe that persons using such conveyance or place have been or are being exposed to a dangerous, contagious disease, shall negligently fail to take reasonable measures to protect the public from exposure to the contagion
Penalty
Misdemeanor of the second degree (R.C. 3701.99(C), Ex. DUT-OH-005)
What it required
Imposed a standing criminal duty on every person in charge of a place of trade, accommodation or amusement to take reasonable measures against exposure of the public to a dangerous contagious disease and to report it, and on every person with reasonable cause to believe he has such a disease to take reasonable measures against exposing others (division (A)).
Retrieval noteThe Ohio statute that most directly answers the voluntariness ground: the duty of a business open to the public to protect the public from a contagious disease it has reason to know is present is a standing criminal duty, not a choice; the Director's Orders supplied what 'reasonable measures' meant in 2020-2021.