{"id":"DUT-MD-017","kind":"duty","level":"court","jurisdiction":"Maryland (United States District Court for the District of Maryland)","state":"MD","metro":"","industry":"","agency":"","eco":"","issuer":"United States District Court for the District of Maryland (Blake, J.)","authority":"28 U.S.C. § 1331; 42 U.S.C. § 1983; Fed. R. Civ. P. 65","instrument":"Memorandum opinion, Antietam Battlefield KOA v. Hogan, No. 1:20-cv-01130-CCB, ECF No. 40 (D. Md. May 20, 2020) (refusing a preliminary injunction against the Governor\u0027s orders)","title":"Antietam Battlefield KOA, et al. v. Lawrence J. Hogan, et al., Memorandum (Civil Action No. CCB-20-1130)","dateIssued":"2020-05-20","effective":"2020-05-20","end":"final as to the preliminary injunction; the action was dismissed November 18, 2020 (Ex. DUT-MD-018)","startDate":"2020-05-20","endDate":"2020-11-18","quarters":["2020Q2"],"types":["STAY","CLOSE","GATH","MASK","DUTY"],"addressees":["the plaintiffs (a campground, an amusement park, clergy and legislators) and, as precedent, every business and person subject to the Governor\u0027s orders"],"clause":"The coronavirus-related executive orders all reference Title 14 of the Maryland Public Safety Article. Section 14-3A-03 of that title states that, following the declaration of a catastrophic health emergency, the Governor is empowered to \u0022order the evacuation, closing, or decontamination of any facility\u0022 and to \u0022order individuals to remain indoors or refrain from congregating.\u0022","enforcement":"Not applicable (judicial opinion); recites the orders\u0027 misdemeanor penalty at 5","functions":[],"notes":"Held that the stay-at-home order, the prohibition on gatherings, the closing of non-essential businesses and the face-covering requirement in retail stores and on public transportation were exercises of \u0027the powers given to [the Governor] by the legislature\u0027 with a \u0027real or substantial relation\u0027 to protecting public health under Jacobson v. Massachusetts, and refused to enjoin them; recorded that \u0027non-essential businesses were required to remain closed\u0027 and that violation of the orders \u0027is a misdemeanor subject to imprisonment not exceeding one year or a fine not exceeding $5,000 or both.\u0027 Character as recorded: adjudication (order_operating_condition layer).","sourceUrl":"https://www.govinfo.gov/content/pkg/USCOURTS-mdd-1_20-cv-01130/pdf/USCOURTS-mdd-1_20-cv-01130-0.pdf","snapshot":"","fileExists":true,"fileBytes":444254,"grade":"primary","character":"adjudication","description":"","collection":"DUT-MD","url":"/library/DUT-MD-017","exhibitUrl":"/exhibit/DUT-MD-017","citation":"United States District Court for the District of Maryland (Blake, J.), Memorandum opinion, Antietam Battlefield KOA v. Hogan, No. 1:20-cv-01130-CCB, ECF No. 40 (D. Md. May 20, 2020) (refusing a preliminary injunction against the Governor\u0027s orders) (Ex. DUT-MD-017)","stateName":"Maryland","related":["DUT-MD-018","DUT-MD-007","DUT-MD-008"]}