{"id":"DUT-MA-020","kind":"duty","level":"court","jurisdiction":"Massachusetts","state":"MA","metro":"","industry":"","agency":"","eco":"","issuer":"Supreme Judicial Court of Massachusetts (Lenk, Gaziano, Lowy, Budd, Cypher, Kafker, JJ.; opinion by Budd, J.)","authority":"Reservation and report from the Superior Court (Worcester County); St. 1950, c. 639; G.L. c. 17, s. 2A; G.L. c. 111","instrument":"Desrosiers v. Governor, 486 Mass. 369, SJC-12983 (argued Sept. 11, 2020; decided Dec. 10, 2020)","title":"Decision holding that the Civil Defense Act authorized the Governor\u0027s March 10, 2020 declaration and the COVID-19 emergency orders, that the Public Health Act does not displace the Act, and that the orders and their penalties are constitutional","dateIssued":"2020-12-10","effective":"2020-12-10","end":"standing (statement of law)","startDate":"2020-12-10","endDate":"2021-09-30","quarters":["2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","CLOSE","GATH","EMER"],"addressees":["persons generally; all businesses and organizations addressed by the emergency orders"],"clause":"We conclude that the CDA provides authority for the Governor\u0027s March 10, 2020, declaration of a state of emergency in response to the COVID-19 pandemic and for the issuance of the subsequent emergency orders; the emergency orders do not violate art. 30 of the Massachusetts Declaration of Rights; and the emergency orders do not violate the plaintiffs\u0027 Federal or State constitutional rights","enforcement":"Confirms the s. 8 criminal penalty and the orders\u0027 civil fines as lawful exercises of delegated police power","functions":[],"notes":"The court described the orders as having \u0027required all businesses and other organizations not providing designated COVID-19 essential services to close premises to workers, customers, and the public,\u0027 quoted s. 7 (the Governor \u0027shall have and may exercise any and all authority over persons and property, necessary or expedient for meeting said state of emergency\u0027), and held at note 22 that \u0027the penalties that are provided for in some of the emergency orders, see, e.g., Order No. 13, are provided pursuant to the CDA. See St. 1950, c. 639, s. 8 (\u0022Whoever violates any provision of [an executive order or general regulation promulgated by the governor under the CDA]... shall be punished by imprisonment for not more than one year, or by a fine of not more than [$500], or both\u0022).\u0027 Character as recorded: adjudication (orders upheld).","sourceUrl":"http://masscases.com/cases/sjc/486/486mass369.html","snapshot":"https://web.archive.org/web/20210411105032/http://masscases.com/cases/sjc/486/486mass369.html","fileExists":true,"fileBytes":234103,"grade":"primary","character":"adjudication","description":"","collection":"DUT-MA","url":"/library/DUT-MA-020","exhibitUrl":"/exhibit/DUT-MA-020","citation":"Supreme Judicial Court of Massachusetts (Lenk, Gaziano, Lowy, Budd, Cypher, Kafker, JJ.; opinion by Budd, J.), Desrosiers v. Governor, 486 Mass. 369, SJC-12983 (argued Sept. 11, 2020; decided Dec. 10, 2020) (standing) (Ex. DUT-MA-020)","stateName":"Massachusetts","related":["DUT-MA-001","DUT-MA-002","DUT-MA-008","DUT-MA-012"]}