{"id":"DUT-AL-021","kind":"duty","level":"court","jurisdiction":"Alabama (United States District Court for the Middle District of Alabama, Northern Division)","state":"AL","metro":"","industry":"","agency":"","eco":"","issuer":"United States District Court, M.D. Ala. (Watkins, J.)","authority":"Ala. Code §§ 31-9-3(4), 31-9-6(1), 31-9-8(a)(1), (5), (6), 31-9-13, 22-2-2(6), 22-2-8 as construed; the State\u0027s police power","instrument":"Case v. Ivey, No. 2:20-cv-777-WKW, Doc. 54 (M.D. Ala. June 1, 2021) (Memorandum and Opinion Order)","title":"Jennifer Case, et al. v. Kay Ivey, in her individual capacity and official capacity as Governor of Alabama, et al.","dateIssued":"2021-06-01","effective":"2021-06-01","end":"n/a (judicial decision)","startDate":"2021-06-01","endDate":"2021-09-30","quarters":["2021Q2","2021Q3"],"types":["STAY","CLOSE","GATH","MASK","EMP","DUTY"],"addressees":["persons generally; businesses and worship gatherings (the plaintiffs\u0027 challenged restrictions)"],"clause":"These \u0027rules and regulations shall have the force of law and shall be executed by the same courts, bodies, officials, agents, and employees as in the case of health laws....\u0027 Id. The authority outlined above demonstrates that Alabama law provides Dr. Harris with the ability to issue orders in response to COVID-19.","enforcement":"as recited: fine of not more than $500 or imprisonment in the county jail (Ala. Code § 31-9-22)","functions":[],"notes":"The federal court\u0027s holding on the source of the duties: the Governor\u0027s proclamations \u0027squarely fall within the framework of the AEMA\u0027 (§§ 31-9-6(1), 31-9-8(a)(1), (5), (6)); the State Health Officer \u0027shall... take prompt measures to prevent\u0027 invading disease (§ 22-2-8) and his rules \u0027shall have the force of law\u0027 (§ 22-2-2(6)); the July 15, 2020 proclamation \u0027introduced, for the first time, enforcement language\u0027 with the $500 fine and county jail (at 11); the challenges to the orders were dismissed. Character as recorded: adjudication (order_penalty layer).","sourceUrl":"https://cases.justia.com/federal/district-courts/alabama/almdce/2:2020cv00777/73685/54/0.pdf","snapshot":"","fileExists":true,"fileBytes":444597,"grade":"primary","character":"adjudication","description":"","collection":"DUT-AL","url":"/library/DUT-AL-021","exhibitUrl":"/exhibit/DUT-AL-021","citation":"United States District Court, M.D. Ala. (Watkins, J.), Case v. Ivey, No. 2:20-cv-777-WKW, Doc. 54 (M.D. Ala. June 1, 2021) (Memorandum and Opinion Order) (Ex. DUT-AL-021)","stateName":"Alabama","related":["AL-005","AL-049","DUT-AL-001","DUT-AL-011","DUT-AL-012","DUT-AL-013","DUT-AL-014"]}