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Ex. SD-044 Order Primary source read

Complaint in Cheyenne River Sioux Tribe v. Trump, No. 1:20-cv-01709 (D.D.C. June 23, 2020), reciting Emergency Executive Orders 02.1-2020-CR (Apr. 1, 2020; checkpoints and travel plans), 02.2-2020-CR (Apr. 8, 2020; 14-day quarantines) and successors

Complaint for Injunctive and Declaratory Relief

Cheyenne River Sioux Tribe (complaint filed in the U.S. District Court for the District of Columbia) · Cheyenne River Sioux Tribe (Tribal)

The COVID Project

The record

Jurisdiction
Cheyenne River Sioux Tribe · South Dakota
Level
Tribal
Authority
Tribal sovereignty; Tribal State of Emergency of March 13, 2020; Montana v. United States civil jurisdiction
Issued
2020-06-23 June 23, 2020
Effective
Tribal orders effective Mar. 13, Apr. 1, Apr. 8 and Apr. 30, 2020 (read as 2020-04-30)
In force
Apr. 30, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitation types
Stay-at-homeBusiness closureGathering capTravel and quarantineAlcohol and barsQuarantine and isolation
Addressees
  • all persons entering or residing on the Cheyenne River Sioux Reservation, members and nonmembers
Functions reached
  • TR travel across the reservation on U.S. and State highways
  • DR/BA/AM reservation businesses closed
  • GATH gatherings of ten prohibited
  • WF quarantines
  • CB reservation customers under stay-at-home
Collection
South Dakota SD

Operative words

On March 13, 2020, the Cheyenne River Sioux Tribal government declared a State of Emergency... including: school and government office closures; a Reservation-wide travel ban for all government employees; and restrictions on Reservation-based organizations bringing non-resident individuals and organizations onto the Reservation.... Under Emergency Executive Order # 02.1-2020-CR, every vehicle not simply passing through the Cheyenne River Sioux Reservation must complete a travel plan form... Emergency Executive Order #02.2-2020-CR instituted mandatory 14-day quarantines for both member and nonmember residents who are infected, exposed, or are suspected to have been exposed. Emergency Executive Order #02.3-2020-CR issued a Stay-at-Home Recommendation. This Order further prohibited all gatherings of ten or more people outside of a single household, which applies to both members and nonmembers... The Order likewise ordered closed all non-essential businesses, including 'amusement rides, museums, arcades, vending machines, playgrounds, movie and other theaters, bars, country clubs or social clubs.' The Order also restricted travel within, into, and out of the Reservation to only essential activities.... Emergency Executive Order #02.4-2-2020-CR permits the purchase of alcohol on the Reservation only from 11:00 a.m. until 3:00 p.m. On April 30th, 2020, the Cheyenne River Sioux Tribal government passed Emergency Executive Order #02.5-2-2020-CR. This new Order included a mandatory stay-at-home order for all persons, including both members and nonmembers, currently residing (either temporarily or permanently) within the Reservation.

Enforcement

Tribal civil regulatory authority; Health Safety Checkpoints on U.S. 212 and S.D. 63

Notes

Governor's letters of Apr. 23, May 8 and May 12, 2020 and the BIA compliance dispute are recited; the complaint also states (¶ 34) that 'There has never been a statewide stay-at-home order in South Dakota'

Retrieval note

Primary as a federal court filing.