The COVID Project
The record
- Jurisdiction
- Vermont (Rutland Superior Court, Civil Division) · Vermont
- Level
- Court
- Authority
- 20 V.S.A. sec. 40 (Attorney General's enforcement action) (Ex. VT-103); Amended and Restated Executive Order 01-20 sec. 9(b) (gyms 'shall only operate in accordance with' ACCD Work Safe requirements) (Ex. VT-025)
- Issued
- 2021-01-15 Jan. 15, 2021
- Effective
- 2021-01-15 (filed for final approval) (read as 2021-01-15)
- End
- n/a (settlement) (read as 2021-03-31)
- In force
- Jan. 15, 2021 to Mar. 31, 2021
- Quarters
- 2021 Q1
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureCapacity limitStanding duty
- Addressees
- specified businesses (a fitness center); by its terms, compliance with the Governor's executive order as then in force
- Character
- adjudication
- Collection
- Standing duties: Vermont DUT-VT
Operative words
Under the terms of the settlement, Sean Manovill, owner of Club Fitness of Vermont, Inc., has agreed to comply with Gov. Phil Scott's executive order and will make a $1,000 payment to the Vermont Foodbank's Rutland Regional Distribution Center.
Penalty
$1,000 payment; agreement to comply with the executive order
What it required
Closes the enforcement chronology: the business bound itself, in a settlement filed with the court, to comply with the Governor's executive order (which, in January 2021, allowed fitness centers to operate only 'with reduced occupancy and' the ACCD protocols) and paid $1,000; the Attorney General's statement records the State's position that compliance with the orders and public health advice was every Vermonter's obligation: 'we all have to do our part. The vast majority of Vermonters have done the right thing by following the executive orders and the advice of public health experts.' Character as recorded: adjudication (order_penalty layer).
Retrieval noteGrade verified_secondary. The report restates the chronology: complaint May 2020; TRO; countersuit dismissed by Judge Mello; 'The current executive order allows fitness centers to operate, but with reduced occupancy and' protocols. Read with Exs. DUT-VT-018 and DUT-VT-019 it establishes that Vermont's orders were enforced against businesses by suit, that the court upheld them against constitutional attack, and that the business's compliance was compelled by law, not chosen.