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The COVID Project

The governmental orders by layer

The orders that reached agriculture, food processing and agribusiness came from every level of government with power over the commerce, travel and meetings this industry depends on: the President and the federal agencies; the fifty States and the District of Columbia; the counties, cities and health districts of every large metropolitan area; the sector regulators that govern farms, plants, housing and workplaces; the standing statutes and rules that commanded the same conduct of every employer whether or not an order named it; the authorities that ordered the industry's counterparties closed or conditioned; and the governments of the countries with which the industry trades. This section sets out each layer with the instruments, dates and exhibit IDs, quarter by quarter where the layer changed, so that the quarters section can state the finding for each quarter on a record the Service cannot say does not exist.

The universe

The Centers for Disease Control and Prevention recorded that forty-two States and territories issued mandatory stay-at-home orders between March 1 and May 31, 2020, reaching 2,355 of the nation's 3,233 counties.23 The Council of State Governments counted 2,065 gubernatorial executive orders on COVID-19 issued through June 29, 2020.24 The COVID Analysis and Mapping of Policies database records more than 20,000 national and State policies and about 8,000 county policies in the United States, ninety-five percent of them issued before November 23, 2021.25 The Department of Health and Human Services' policy tracker holds 4,218 entries.26 On July 2, 2021 thirty-five States were under declared emergencies and nine had statewide face-covering requirements, airborne-transmission controls on indoor public settings and workplaces; on September 21, 2021 twenty-five States remained under declared emergencies and eleven had such requirements.27 The Bureau of Labor Statistics recorded unemployment of 14.7 percent and a payroll loss of 20.5 million in April 2020, "the highest rate and the largest over-the-month increase in the history of the series"; the Bureau of Economic Analysis recorded a 32.9 percent annualized fall in real GDP in the second quarter of 2020.28 The Library indexes the instruments The COVID Project retrieved and graded, each an instrument or a governmental record of an instrument saved from the issuing authority's publication; the count is stated at The Scale as a count of instruments indexed, not as a count of the orders that reached any employer and not as an estimate of what the authorities issued.

The federal layer

The second quarter of 2020

On April 1, 2020 the following federal instruments limiting commerce, travel or group meetings were in force and reached this industry: Proclamations 9984 (China), 9992 (Iran), 9993 (Schengen Area) and 9996 (United Kingdom and Ireland), barring the entry of persons who had been in those countries;29 the Department of Homeland Security's notifications of March 24, 2020 limiting both land borders to essential travel from 11:59 p.m. March 20, 2020;30 the Centers for Disease Control and Prevention's order of March 20, 2020 under Title 42 suspending the introduction of covered persons from Canada and Mexico;31 the Department of State's suspension of routine visa services effective March 20, 2020, with H-2 processing continued only "as much as possible, as permitted by post resources and local government restrictions" from March 26;32 the closure of every USCIS office to the public from March 18, 2020;33 Executive Orders 13909, 13910 and 13911 under the Defense Production Act and the Secretary of Health and Human Services' designation of scarce materials effective March 25, 2020, which made the accumulation of respirators, gloves and gowns above reasonable demand a federal crime;34 the Families First Coronavirus Response Act's leave mandates from April 1, 2020;35 and the Treasury's temporary rule of April 20, 2020 postponing duties for importers whose operation "is fully or partially suspended during March or April 2020 due to orders from a competent governmental authority limiting commerce, travel, or group meetings because of COVID-19."36 During the quarter the President added Proclamation 10014 (immigrant entry suspended from April 23), Executive Order 13917 (meat and poultry under the Defense Production Act, April 28), Proclamations 10041 and 10042 (Brazil, May 26) and Proclamation 10052 (H-1B, H-2B, L and J entry suspended from June 24, with the food-supply-chain exception);37 the Department of Homeland Security added its H-2A temporary final rule of April 20 and its H-2B rule of May 14, 2020, and FEMA placed the export of respirators, gloves and gowns under federal allocation from April 7, 2020;38 the Department of Agriculture adopted the Coronavirus Food Assistance Program rule of May 21, 2020 on the finding that "many farmers markets, restaurants, and schools have temporarily or permanently closed";39 and the CDC and OSHA issued on April 26, 2020 the interim guidance for meat and poultry processing that Executive Order 13917 directed the Secretary to enforce.40 Every one of those instruments was in force on June 30, 2020.

The third and fourth quarters of 2020

The entry proclamations, the immigrant and nonimmigrant suspensions, the land-border notifications (renewed monthly), the Title 42 order as amended and then replaced on October 13, 2020, the FEMA export-allocation rule as extended August 10 and December 31, 2020, and the scarce-materials designation as extended July 30, 2020 were in force on every day.41 The Department of State began a phased, post-by-post resumption of routine visa services on July 15, 2020.42 The Department of Homeland Security re-issued its H-2A rule on August 20, 2020 with a filing window to December 17, 2020, and again on December 18, 2020 with a window to June 16, 2021.43 The CDC published its second count of the meat and poultry outbreak on July 10, 2020 (16,233 cases in 239 facilities in twenty-three States) and its investigation of the Sioux Falls plant on August 7, 2020; OSHA cited JBS Greeley on September 11, 2020.44 The Department of Labor revised the FFCRA leave rule on September 16, 2020, and the leave mandates ran to December 31, 2020.45 On December 28, 2020 the CDC imposed pre-departure testing on arrivals from the United Kingdom, and on December 31, 2020 the President carried the immigrant and nonimmigrant suspensions to March 31, 2021.46 The Department of Agriculture adopted CFAP 2 on September 22, 2020 on the finding of "continuing market disruptions."47

The first quarter of 2021

Proclamation 10143 continued the Schengen Area, United Kingdom, Ireland and Brazil suspensions from January 26, 2021 and added South Africa from January 30, 2021 (Ex. FED-207); the CDC's amended order required a negative pre-departure test of every air passenger from any foreign country from January 26, 2021; the CDC's conveyance order took effect at 11:59 p.m. on February 1, 2021 and the TSA's Security Directive 1582/84-21-01 enforced it on every bus, rail and ferry system from that date; the land-border notifications continued monthly; the scarce-materials designation was extended February 1, 2021; the Department of Agriculture adopted its Additional Assistance rule on January 19, 2021; Proclamation 10014 was revoked February 24, 2021 and Proclamation 10052 expired March 31, 2021.48 OSHA issued its National Emphasis Program on March 12, 2021, directing inspections to industries with high exposure, among them meat and poultry processing.49 The Department of Homeland Security's H-2A rule of December 18, 2020 governed petitions through June 16, 2021.50

The second quarter of 2021

Proclamation 10199 suspended entry from India from May 4, 2021: the United States was adding countries to the suspensions in the second quarter of 2021.51 The TSA's directive SD 1582/84-21-01A took effect May 12, 2021; the Department of Homeland Security and the Department of Labor increased the H-2B cap by temporary final rule on May 25, 2021, effective through September 30, 2021; OSHA's Healthcare Emergency Temporary Standard took effect June 21, 2021; the White House published its 100-day supply-chain review on June 8, 2021 and established the Supply Chain Disruptions Task Force for "homebuilding and construction, semiconductors, transportation, and agriculture and food"; the FEMA export-allocation rule expired June 30, 2021; the land-border notifications of June 23, 2021 ran to July 21.52

The third quarter of 2021

The quarters section states the federal inventory for July 1 to September 30, 2021 instrument by instrument. In summary: Executive Order 13917 and the other Defense Production Act orders, never revoked; Proclamations 9984, 9992, 10143 and 10199; the land-border notifications of June 23, July 22, August 23 and September 22, 2021; the Title 42 order of October 13, 2020, reassessed and continued August 2, 2021; the CDC pre-departure testing order; the CDC conveyance order with TSA directives -01A (to September 13) and -01B (from September 14); the scarce-materials designation, extended July 7, 2021 to November 15, 2021; OSHA's revised National Emphasis Program of July 7, 2021 naming NAICS 311611, 311612 and 311615; the H-2B supplemental-cap rule through September 30, 2021; the Safer Federal Workforce Task Force's reinstatement on July 29, 2021 of face coverings among the federal workplace exposure controls and Executive Orders 14042 and 14043 of September 9, 2021; the renewal of the public health emergency determination on July 19, 2021; the CDC eviction orders of June 24, 2021 (in force July 1 to July 31) and August 3, 2021 (in force August 3 to its vacatur on August 26, 2021); the NMFS observer-waiver rule in force to March 26, 2022; the conveyance order's application at every cargo handling facility, recorded in the Coast Guard's bulletins (cited as context, not as orders); and the Department of Agriculture's CFAP 2 rule of August 27, 2021 with its finding of "continuing market disruptions."53

The fifty States

The pattern

Every State but South Dakota, and the District, closed restaurants and bars to on-premises service by order between March 15 and April 3, 2020, the great majority by March 24; in South Dakota the closures were municipal (Brookings, Sioux Falls and Rapid City, March 23-27, 2020); every State closed its schools to in-person instruction by March 23, 2020; together those orders took the industry's food-service and school-meal channels within three weeks; and the forty-two States and the District whose stay-at-home, shelter or essential-services orders the fifty-State table on this page lists then ordered their residents to stay at home between March 19 and April 7, 2020, closing every business not on an essential list and conditioning every business on the list.54 Farms, food manufacturers and their supply chains were on every essential list, which is to say that every State made their continued operation conditional on the workplace infection-prevention and exposure-control rules that the essential designation carried: distancing, hygiene, screening and, from April, face coverings. The stay-at-home orders lapsed in most States between late April and mid-June 2020; California's remained in force until June 15, 2021 and New Mexico re-imposed its stay-at-home instruction in November 2020. They were replaced by phased reopening orders that fixed capacity percentages for restaurants, bars, retail, gatherings and events and imposed sector-specific operating rules, many of them naming manufacturing and agriculture. A second wave of closure and capacity orders ran from November 2020 through January and February 2021 in California, Illinois, Michigan, Minnesota, New Mexico, Oregon, Washington, Pennsylvania, Colorado, Nevada, Rhode Island, Massachusetts, Kentucky, Ohio and elsewhere. The general capacity and gathering limits ended in 2020 in six States (South Dakota, Wisconsin, Alaska, Kansas, Missouri, Florida), between January and March 2021 in thirteen more (North Dakota, Nebraska, Tennessee, Montana, Idaho, Iowa, Arkansas, South Carolina, Mississippi, Texas, Oklahoma, Wyoming, Arizona), and between April 6 (Indiana) and July 1, 2021 (New Mexico) in thirty of the remaining thirty-one States and in the District, with Minnesota's caps ending May 27 and Oregon's and Washington's June 30; Hawaii's did not end before September 30, 2021. Statewide face-covering orders, airborne-transmission controls that bound every indoor public setting and workplace, ended between April and June 2021 in most States and were reinstated in Nevada, Louisiana, Oregon, New Mexico, Washington, Illinois and the District between July 27 and August 30, 2021, and Hawaii's statewide requirement never lapsed. This subsection states the analysis by region; the fifty-State table on this page states the fifty-one rows.

The West

Washington and Oregon regulated the farm directly. Washington's Proclamation 20-25 of March 23, 2020 ordered every resident to stay home and every business not on the State's essential-workforce list to close; Proclamation 20-57 of May 28, 2020 prohibited any agricultural employer from operating after June 3, 2020 except in compliance with the Agriculture COVID-19 Requirements; the housing rules of May 18, 2020 were readopted September 10, 2020, January 8, 2021 and May 28 and June 1, 2021; Proclamation 20-25.8 of November 15, 2020 (effective November 17; indoor dining closed from November 18) closed indoor dining, gyms and indoor entertainment to January 11, 2021 (Ex. WA-047); the Roadmap phases held restaurants at 25 and then 50 percent to June 30, 2021; Washington Ready of July 1, 2021 ended the caps; and the Secretary of Health's Order 20-03.4 reinstated the indoor face-covering requirement for every person regardless of vaccination status from August 23, 2021, an airborne-transmission control on every indoor public setting and workplace, with Proclamation 20-25.15 forbidding businesses to admit unmasked persons.55 Oregon's Executive Order 20-12 of March 23, 2020 closed businesses and ordered residents home; Oregon OSHA's AO 2-2020 regulated the field, the crew bus and the labor camp from May 11 to October 24, 2020, OAR 437-001-0744 regulated every workplace from November 16, 2020 and permanently from May 4, 2021, and OAR 437-004-1115 regulated labor housing from April 30 through October 24, 2021; the Governor's freeze of November 18, 2020 and the county-tier framework of December 3, 2020 ran to its rescission at 12:01 a.m. on June 30, 2021; and the Oregon Health Authority reinstated the indoor face-covering requirement from August 13, 2021, while Oregon OSHA's AO 10-2021 restored it on the same day as one of the exposure controls of OAR 437-001-0744, which already required of every workplace an exposure assessment, an infection control plan, notification and exclusion procedures and ventilation measures.56 California's Executive Order N-33-20 of March 19, 2020 ordered every resident to stay home and remained in force until June 15, 2021; the Regional Stay at Home Order closed the State's largest regions from December 2020 to January 25, 2021; Executive Order N-51-20 required supplemental paid sick leave of food-sector employers with 500 or more employees from April 16, 2020; Cal/OSHA's emergency standard regulated every workplace, every labor camp and every crew vehicle from November 30, 2020 and was readopted June 17, 2021; the Beyond the Blueprint order of June 11, 2021 kept mega-event, K-12, health-care and transit rules; and the July 28, 2021 face-covering guidance (an airborne-transmission control the State applied to the unvaccinated indoors and to everyone in K-12, health-care and transit settings), the K-12 order of July 12, 2021 and the health-care-worker vaccination orders of July 26 and August 5, 2021 governed the third quarter.57 Arizona's stay-home order of March 31, 2020 ran to May 15, 2020; its capacity and event rules ran to March 25, 2021; the Navajo Nation, which occupies the northeast of the State, imposed weekend lockdowns, curfews, a face-covering mandate (an airborne-transmission control on every business and public place within the Nation) and business-status orders that were still being continued in October 2021.58 Colorado's stay-at-home order of March 26, 2020 ran to April 26; its dial system placed the Front Range in Level Red from November 20, 2020; PHO 20-38 handed the dial to the counties on April 16, 2021; and the State's face-covering order, an airborne-transmission control on every indoor public space and workplace, ran to June 1, 2021 (Ex. CO-031; Ex. CO-040).59 New Mexico's public health emergency order of March 24, 2020 closed non-essential businesses and confined essential ones; its winter orders of November 2020 closed indoor dining and imposed a two-week reset; its capacity framework ran to July 1, 2021 with mandatory COVID-safe practices and a $5,000 penalty thereafter; and its Public Health Emergency Order of August 17, 2021 (indoor face-covering directive from August 20), which restored an airborne-transmission control in every indoor public space alongside the mandatory COVID-safe practices already in force, ran through the quarter.60 Nevada's stay-home order of April 1, 2020, its Pause of November 2020 and its capacity framework to June 1, 2021 were followed by Directive 047 of July 27, 2021, reinstating the universal indoor face-covering requirement, an airborne-transmission control binding every business and indoor public space in counties of substantial or high transmission, from July 30, 2021.61 Hawaii never ended its general restrictions before September 30, 2021: the statewide quarantine of arrivals from March 26, 2020, the interisland quarantine, the Safe Travels testing program, the statewide face-covering order (carried in every proclamation as one of the State's airborne-transmission controls) and, from August 5 and 10, 2021, the Delta proclamation and Executive Order 21-05's limits on gatherings, restaurants, bars and gyms governed the whole period.62 Idaho, Montana, Utah, Wyoming and Alaska ended their general restrictions between May 2020 and May 2021; each kept an emergency declaration, a health-care or school instrument, or a local order in force in the third quarter of 2021, and Alaska's Health Mandate 017 governed every independent fishing vessel that delivered to a processor in the 2020 season.63

The Midwest

The Midwest is the processing tier's home and the site of the April 2020 plant closures. Illinois's Executive Order 2020-10 of March 20, 2020 ordered residents home from March 21; its Tier 3 mitigations of November 20, 2020 closed indoor dining statewide; its capacity rules ran to June 11, 2021; and its Executive Order 2021-20 of August 26, 2021 reinstated the indoor face-covering requirement for every person regardless of vaccination status from August 30, 2021, an airborne-transmission control on every indoor workplace and public setting.64 Michigan's Executive Order 2020-21 of March 23, 2020 suspended every activity "not necessary to sustain or protect life" from March 24; manufacturing resumed only May 11, 2020 under Executive Order 2020-77; Executive Orders 2020-114 and 2020-145 imposed workplace safeguards on food processors and agricultural employers; the MDHHS testing order of August 3, 2020 governed every migrant camp, meat, poultry and egg processor and greenhouse with more than twenty workers until July 1, 2021; MIOSHA's emergency rules of October 14, 2020 governed every workplace to June 22, 2021; the MDHHS gatherings and face mask orders governed from October 5, 2020 to June 22, 2021; and the Oakland and Wayne County school orders and the Detroit emergency declarations governed the third quarter of 2021.65 Minnesota's Executive Order 20-20 (issued March 25, effective March 27, 2020) ordered residents home; Executive Orders 20-40 and 20-56 required a written preparedness plan of every business from April 27 and May 18, 2020; Executive Order 20-81 required face coverings in every indoor business and public space from July 25, 2020, an airborne-transmission control added to the written preparedness plans already required of every business; Executive Order 20-99 closed on-premises food service from November 20, 2020; the peacetime emergency ended July 1, 2021.66 Iowa's proclamation of March 17, 2020 closed restaurants and bars; its later proclamations imposed capacity limits and, from November 2020, face-covering rules (airborne-transmission controls layered on the mandatory six-foot seated-service rule) to February 7, 2021; Iowa City reinstated its indoor face-covering requirement, an airborne-transmission control on every indoor public place in the city, from August 19, 2021.67 Kansas's stay-home order of March 30, 2020 ran to May 3; its later regime was county-level; Johnson County and the Unified Government of Wyandotte County reinstated indoor face-covering orders, airborne-transmission controls on every indoor public space and workplace in the county, in August 2021.68 Nebraska's directed health measures closed dining rooms and capped gatherings from March 19, 2020, and the Lincoln-Lancaster County directed health measure of August 24, 2021 reinstated the indoor face-covering requirement as an airborne-transmission control on every indoor public place.69 South Dakota's Executive Order 2020-12 of April 6, 2020 ordered employers and residents in mandatory terms; its Back to Normal Plan of April 28, 2020 remained "in effect for the duration"; the Sioux Falls plant closed after the Governor's and Mayor's request of April 11, 2020 (Ex. SEC-20-020); the Cheyenne River Sioux Tribe's checkpoints and orders governed its reservation.70 Ohio's Stay at Home Order of March 22, 2020, its Stay Safe Ohio Order of April 30, 2020 with manufacturing conditions, its curfew of November 2020 and its general orders to June 2, 2021 were followed by court, school and municipal orders (Columbus Ordinance 2388-2021, effective September 14, 2021, requiring face coverings, as a workplace exposure control, in manufacturing and agricultural workplaces by code; Dayton's ordinance adopted September 15 (effective September 17, 2021)) in the third quarter.71 Indiana's stay-home order of March 24, 2020 and its capacity framework to April 6, 2021 were followed by monthly emergency renewals and the Marion County courts' order of August 16, 2021.72 Wisconsin's Safer at Home order of March 25, 2020 was voided by the State Supreme Court on May 13, 2020; the Governor's face-covering orders, airborne-transmission controls on every indoor public setting, ran to March 31, 2021; Milwaukee's own stay-at-home order and Dane County's orders governed locally, and Dane County reinstated its indoor face-covering requirement, the same control on every indoor public place in the county, from August 19, 2021.73 Missouri's stay-home order of April 6, 2020 ran to May 3 and its general restrictions ended June 15, 2020; St. Louis City and County and Kansas City governed thereafter, closing indoor dining in November 2020 and reinstating indoor face-covering requirements, airborne-transmission controls on every indoor public building and business, on July 26 and August 2, 2021.74 North Dakota's orders closed dining rooms from March 20, 2020, required quarantine of travelers, and imposed a statewide face-covering mandate from November 14, 2020 to January 18, 2021, an airborne-transmission control that every business had to enforce against its workers, customers and visitors, and, by Executive Order 2020-43 of November 13, 2020, capacity limits on bars, restaurants and event venues.75

The South

The South holds the poultry tier and the winter vegetable and citrus regions. Texas's GA-08 of March 19, 2020 closed restaurants and bars to on-premises service and closed schools; GA-14 of March 31, 2020 (effective April 2) confined the State to essential services; GA-29 of July 2, 2020 imposed the statewide face-covering requirement, an airborne-transmission control layered on GA-28's capacity limits and bar closure; GA-32 of October 7, 2020 fixed capacities and the hospitalization trigger that cut the Dallas-Fort Worth region back to 50 percent on December 3, 2020; GA-34 ended the general regime March 10, 2021; and GA-38 of July 29, 2021, the county face-covering orders of August 2021 (airborne-transmission controls on every commercial entity and public space in the issuing counties) and the resulting litigation governed the third quarter.76 North Carolina's Executive Order 121 of March 27, 2020 ordered residents home from March 30; Executive Order 147 of June 24, 2020 imposed its workplace exposure-control rules on this industry directly, surgical masks of every worker in every meat and poultry plant and face coverings of every farm and farm labor contractor worker within six feet of another, from June 26, 2020, carried forward by Executive Orders 163, 181 and 209 until Executive Order 215 lifted it on May 14, 2021; Executive Order 224 of July 29, 2021 required vaccination or testing of cabinet-agency workers from September 1, 2021; and Mecklenburg, Durham, Orange, Wake and Raleigh reinstated indoor face-covering requirements, airborne-transmission controls on every indoor public place and business, between August 9 and August 31, 2021.77 Georgia's Executive Order 04.02.20.01 of April 2, 2020 ordered residents to shelter in place from April 3 and imposed sixteen measures on every Critical Infrastructure employer, including food processors; its gathering caps and shelter order ran to April 8, 2021 (Ex. GA-034), its mandatory sector measures to April 30, 2021 and its "shall implement" duties on every Organization to July 1, 2021 (Ex. GA-035; Ex. GA-038; Ex. GA-040); the Economic Recovery State of Emergency and Executive Order 08.19.21.03 governed the third quarter of 2021 with Atlanta's and Savannah's face-covering and gathering orders, airborne-transmission controls and gathering limits on every indoor public place in those cities.78 Virginia's Executive Order 55 of March 30, 2020 ordered residents home; the Safety and Health Codes Board's emergency temporary standard of July 27, 2020 and permanent standard of January 27, 2021, amended September 8, 2021, bound every employer in the Commonwealth, naming poultry, meat and seafood processing and agricultural and hand labor; Executive Order 72's curfew and ten-person cap governed the winter; the general restrictions ended May 28, 2021; and the Order of Public Health Emergency Ten of August 12, 2021 placed every K-12 school under a face-covering requirement, an airborne-transmission control on the workforce's schools.79 Louisiana's stay-at-home proclamation of March 22, 2020, its phases, its face-covering order of July 13, 2020 to April 28, 2021, an airborne-transmission control on every business and indoor public space (Ex. LA-014; Ex. LA-030), its remaining business conditions to May 26, 2021 (Ex. LA-032) and Proclamation 137 JBE 2021 of August 2, 2021 (effective August 4; renewed August 31 and September 28) governed the industry's Gulf seafood and sugar regions.80 Kentucky's Executive Order 2020-257 of March 25, 2020 closed non-life-sustaining businesses; its Healthy at Work minimum requirements of May 9, 2020 and manufacturing requirements of May 11, 2020 required "six-foot distancing for their entire shift" and ran to June 11, 2021; its November 2020 school closure and its Executive Order 2021-585 of August 10, 2021 (face coverings required in every school and child-care setting, the same control on the institutions the workforce depends on) reached the workforce.81 Alabama, Mississippi, Tennessee, South Carolina and Florida issued stay-at-home or safer-at-home orders between March 31 and April 7, 2020; Oklahoma ordered vulnerable persons home March 24 and closed every non-critical business statewide April 1 (Ex. OK-006; Ex. OK-011); Arkansas, which issued no stay-at-home order, bound every business, manufacturer and place of worship to mandatory protocols by EO 20-13 of April 6, 2020 after closing dine-in, gyms, venues and casinos from March 20 (Ex. AR-003; Ex. AR-035); all seven issued phased reopening orders with capacity steps through 2020, and ended their general restrictions between September 25, 2020 (Florida) and May 31, 2021 (Alabama's last Safer Apart order, Ex. AL-051; its emergency ended July 6, 2021, Ex. AL-079); Florida's Executive Order 20-244 of September 25, 2020 suspended local fines while leaving local face-covering rules on the books, and Florida's Executive Order 21-175 of July 30, 2021 and the Department of Health's rule of August 6, 2021 governed schools in the third quarter.82 Maryland's stay-at-home order of March 30, 2020, its county-permitted stricter rules, its capacity orders to May 15, 2021 and its emergency to July 1, 2021 with a grace period to August 15, 2021 were followed by Montgomery County's and Prince George's County's indoor face-covering orders, airborne-transmission controls on every indoor public place, from August 7 and 8, 2021 and the Judiciary's courthouse face-covering order of August 9, 2021, the same control on every courthouse in the State.83 The District of Columbia's stay-at-home order of April 1, 2020 and its phases ran to June 11, 2021; Mayor's Order 2021-097 reinstated the indoor face-covering requirement, an airborne-transmission control on every indoor public setting and workplace in the District, from 5:00 a.m. July 31, 2021.84 Delaware and West Virginia followed the same pattern, with Delaware's general restrictions ending May 21, 2021 with residual business duties to July 12 and its emergency July 13, 2021, and West Virginia's framework ending April 20, 2021 with its face-covering order, an airborne-transmission control on every indoor public place, to June 20, 2021, and both kept emergency declarations and school or health-care instruments in force in the third quarter.85

The Northeast

New York's Executive Orders 202.6 and 202.8 of March 18 and 20, 2020 cut the in-person workforce of every business not designated essential to zero from March 22, with essential manufacturing and food production defined by the Empire State Development guidance; the New York Forward phases ran from May 15, 2020; the Cluster Action Initiative closed zones from October 6, 2020; the second closure of New York City's indoor dining ran from December 14, 2020 to February 12, 2021; the State's percentage capacity limits ended May 19, 2021 under Executive Order 202.108, its remaining gathering limits June 15, 2021 under Executive Order 202.111, and its emergency June 24, 2021; the HERO Act of May 5, 2021 required every employer, farm employers included, to adopt an airborne infectious disease exposure prevention plan, and the Commissioner of Health's designation of September 6, 2021 activated every plan; and 10 NYCRR 2.61 and 2.60 of August 26 and 27, 2021 required vaccination of every hospital and nursing-home worker and placed every school under a face-covering requirement, an airborne-transmission control on the workforce's schools.86 New Jersey's Executive Order 107 of March 21, 2020 ordered residents home and required every employer to accommodate telework; Executive Order 122 of April 8, 2020 imposed mitigation requirements on every manufacturing and warehousing operation; Executive Order 192 of October 28, 2020 imposed mandatory health and safety protocols on every workplace from November 5, 2020, lifted in part May 28 and June 4, 2021, with its requirements for unvaccinated or unverified employees and daily health checks carried into the third quarter of 2021 by Executive Orders 242 and 243 (Ex. NJ-050; Ex. NJ-051); Executive Order 243 ended the general restrictions June 4, 2021; and Executive Orders 251, 252 and 253 of August 2021 placed every school under a face-covering requirement and required vaccination or testing of health-care and school workers.87 Pennsylvania's orders of March 19, 2020 closed every business that was not life-sustaining; its order of April 15, 2020 imposed worker-safety measures on every business that remained open, food processors included; its telework and mitigation orders of November 23, 2020 ("Unless impossible, all businesses must conduct their operations remotely") and December 12, 2020 governed the winter; its mitigation orders expired May 31, 2021, the General Assembly terminated the disaster emergency June 10, 2021 and the universal face-covering order, an airborne-transmission control on every indoor public setting, was terminated June 28, 2021; and the Acting Secretary of Health's school face-covering order took effect September 7, 2021.88 Massachusetts's Order No. 13 of March 24, 2020 closed non-essential workplaces; its mandatory safety standards for manufacturing governed the reopening; its Order No. 69 ended the general restrictions May 29, 2021; and Somerville, Boston, Brookline and Cambridge reinstated indoor face-covering orders, airborne-transmission controls on every indoor public place, between August 20 and September 3, 2021 (Ex. MET-BOS-063; Ex. MET-BOS-013; Ex. MET-BOS-150; Ex. MET-BOS-036).89 Connecticut, Rhode Island, Vermont, New Hampshire and Maine issued stay-home or closure orders between March 20 and April 2, 2020, sector rules with capacity steps through 2020 and early 2021, traveler quarantines that reached seasonal crews, and ended their general restrictions between May 7, 2021 (New Hampshire, Ex. NH-038) and June 15, 2021 (Vermont, Ex. VT-098); Rhode Island's and Maine's emergencies ran to July 6 and June 30, 2021 (Ex. RI-047; Ex. ME-060); each kept an emergency declaration, a judicial emergency or a school or health-care instrument in force in the third quarter of 2021, and Connecticut's Executive Order 13A of August 5, 2021 and Rhode Island's Executive Order 21-87 of August 19, 2021 placed their schools under face-covering requirements.90

Preemption and its consequence

In Texas, Georgia, Florida, Arizona, Tennessee, Missouri and Arkansas the State limited or displaced local orders in 2021; Kansas's SB 40 revoked the State's own orders on March 31, 2021 and made county orders challengeable without barring them (Ex. KS-040). Preemption did not end the orders; it changed their author. GA-38 (July 29, 2021), Georgia's Executive Order 08.19.21.03, Florida's Executive Order 21-175, Arizona's Executive Order 2021-06 and Missouri's RSMo 67.265 are themselves orders of appropriate governmental authorities dictating what rules businesses in those States operated under in the third quarter of 2021, and the county and court orders issued in the teeth of them (Dallas County's face-covering order of August 11, 2021, an airborne-transmission control on every commercial entity and public space in the county; Harris County's school and courthouse orders of August 11-17, 2021; Bexar County's NW-21 of August 10, 2021; St. Louis City's Order No. 1 of July 26, 2021, which the Attorney General's suit did not reach) were in force on the ground until a court said otherwise, and in most cases no court did.91

The largest metros

The pattern

The local layer moved before the States in March 2020, went further during the reopening, rolled back in the winter of 2020-21 while the States eased, and reimposed face-covering, vaccination-proof and gathering orders in July, August and September 2021 after every State but a few had lifted its own. For this industry the local layer matters in three ways: it governed the restaurants, markets, hotels, stadiums and institutional kitchens that bought the industry's product in the nation's largest markets; it governed the plants, packing houses, produce terminals and distribution centers located within the metros; and it governed the workforce that lived there. The metro table on this page states the rows. Examples: New York City's Emergency Executive Order 100 of March 16, 2020 closed every restaurant and bar to on-premises service at 8:00 p.m. that night, Emergency Executive Order 103 of March 25, 2020 cut the in-person workforce of every business not designated essential to zero, and Emergency Executive Order 225 of August 16, 2021 (Key to NYC) forbade every indoor restaurant, bar, food court and catering hall to admit any patron or employee without proof of vaccination from August 17, 2021, with fines from September 13.92 Los Angeles County's Safer at Home Order of March 21, 2020 ordered every business not designated essential to "cease in-person operations and close to the public," its Revised Temporary Targeted Safer at Home Order of December 30, 2020 renewed the stay-home command and closed all in-person dining, and its order of July 16, 2021 reinstated universal indoor face coverings from July 17, 2021 as an airborne-transmission control on every indoor public setting and workplace in the County.93 Chicago's Department of Public Health kept manufacturers to staggered shifts and reduced line speeds from May 29, 2020, bound every business to the workplace infection-prevention and exposure-control requirements of employee screening at the start of every shift and face coverings from June 5, 2020 through the third quarter of 2021, and reinstated the indoor face-covering requirement for every person on August 20, 2021, with Cook County following August 23.94 Harris County's Stay Home, Work Safe Order of March 24, 2020, Dallas County's Stay Home Stay Safe order of March 22, 2020 with its binding Rules for Manufacturers and Distributors and its Supplemental Order on Food Processing Plants of May 15, 2020 (screening, distancing, staggered shifts, line-speed reductions), and the county face-covering orders of August 11-17, 2021 governed the Texas metros.95 The San Francisco Bay Area's seven health officers issued identical shelter-in-place orders effective March 17, 2020 and identical indoor face-covering orders effective August 3, 2021, airborne-transmission controls that each required every business to implement; Sacramento County ordered face coverings "in all indoor public settings, venues, gatherings, and workplaces" from July 30, 2021, with the express provision that the order "takes precedence over the more permissive ETS regarding employee face coverings."96 Columbus's Ordinance 2388-2021, effective September 14, 2021, required face coverings, as a workplace exposure control, in every place of business and in manufacturing, construction and agricultural workplaces where distancing was difficult.97 St. Louis City and County closed indoor dining from November 17, 2020 and reinstated indoor face-covering requirements, airborne-transmission controls on every indoor public building and business, from July 26, 2021; Kansas City reinstated its own from August 2, 2021, with suspension of the certificate of occupancy as the sanction; Jackson, Johnson and Wyandotte Counties followed within a week.98 The Twin Cities, Detroit, Denver, Seattle, Philadelphia, Boston, Washington's suburbs, Atlanta, New Orleans, Honolulu and the other metros in the metro table followed the same pattern, and each has its own page in the Library's metros collection.

The sector regulators

The federal regulators

The President's Executive Order 13917 of April 28, 2020 placed meat and poultry processors under section 101 of the Defense Production Act and directed the Secretary of Agriculture to ensure that they "continue operations consistent with the guidance for their operations jointly issued by the CDC and OSHA"; the Department of Agriculture announced its implementation the same day.99 OSHA cited JBS Greeley and Smithfield Sioux Falls in September 2020 for failing to protect employees, issued its National Emphasis Program on March 12, 2021 and revised it on July 7, 2021 to target, by NAICS code, animal slaughtering (311611), meat processed from carcasses (311612) and poultry processing (311615).100 The Department of Homeland Security and the Department of Labor governed the seasonal workforce by the H-2A rules of April 20, August 20 and December 18, 2020 and the H-2B rules of May 14, 2020 and May 25, 2021; the Department of State governed its admission by the consular suspension and resumption announcements; USCIS by its office closure and reopening conditions.101 The National Marine Fisheries Service waived observer coverage on fishing vessels by emergency rule from March 24, 2020 and extended the waiver authority to March 26, 2022.102 The Coast Guard's Marine Safety Information Bulletins, cited as the Coast Guard's own account of the maritime regime and not as orders, describe the conditions under which every vessel, terminal and cargo handling facility operated under the CDC's orders and the Captains of the Port's authority, and from March 22, 2021 they record that the conveyance order's face-covering requirement reached every "cargo handling facility."103

The State agricultural and occupational-safety regulators

Washington's Proclamation 20-57 prohibited any agricultural employer from operating after June 3, 2020 except in compliance with the Agriculture COVID-19 Requirements and governed every agricultural employer on those terms until its rescission by Proclamation 20-57.2 effective July 1, 2021 (Ex. SEC-20-031; Ex. WA-073); its Departments of Health and Labor and Industries governed the labor camp by emergency rule from May 18, 2020 into late September 2021 through the housing rules and their readoptions (Ex. SEC-20-032; Ex. SEC-20-033; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-058 through Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-065; see item B-5 in the third quarter of 2021 below).104 Oregon OSHA governed the field, the crew bus and the labor camp by AO 2-2020 (May 11 to October 24, 2020) and by OAR 437-004-1115 (April 30 to October 24, 2021), and every workplace by OAR 437-001-0744 from November 16, 2020, permanently from May 4, 2021, with the face-covering requirement renewed from August 13, 2021 among that rule's exposure controls.105 Cal/OSHA's emergency standard governed every employer, every labor camp and every crew vehicle in California from November 30, 2020 and, as readopted June 17, 2021, through the third quarter of 2021.106 Virginia's Safety and Health Codes Board governed every employer in the Commonwealth from July 27, 2020, naming poultry, meat and seafood processing and agricultural and hand labor.107 Michigan's MDHHS governed every migrant camp, meat, poultry and egg processor and greenhouse with more than twenty workers by its testing order from August 2020 to July 1, 2021, and MIOSHA governed every workplace from October 14, 2020 to June 22, 2021.108 North Carolina's Executive Order 147 governed every farm, farm labor contractor and meat and poultry plant from June 26, 2020 to May 14, 2021.109 Kentucky's Healthy at Work requirements governed every manufacturer from May 11, 2020 to June 11, 2021; Minnesota's preparedness-plan orders governed every business from April 27, 2020 to the summer of 2021; New Jersey's Executive Orders 122 and 192 governed every manufacturer from April 10, 2020 to June 4, 2021; Pennsylvania's worker-safety order of April 15, 2020 governed every open business.110 New York's HERO Act, activated by the designation of September 6, 2021, governed every employer in the State, farmworkers included, in the third quarter of 2021.111 Alaska's Health Mandate 017 governed every independent commercial fishing vessel that delivered to a processor in the 2020 season.112 The State fairs of Oregon, Ohio, Minnesota, Iowa, Kansas and North Carolina and the Pennsylvania Farm Show were cancelled or made virtual for 2020, and Missouri cancelled its fair's public gate, carnival, grandstand and vendor operations while holding only its youth livestock shows, under the States' gathering prohibitions and by decisions of their State boards and commissions, closing the exhibitions and food-vendor markets they carry; the boards' announcements are cited as evidence of the cancellations and not as orders.113

The standing duties

Beneath the emergency orders lay a further layer that bound every farm, packing house and processing plant on every day of the six quarters whether or not any order named it: standing statutes commanding every person to prevent and control communicable disease and every employer to furnish a safe and healthful workplace, offense provisions punishing disobedience of health and emergency orders, sanitary codes enforced by summary closure, and liability shields protecting only the business that complied with governmental standards, guidance and protocols.114 Each is an order from an appropriate governmental authority on the Suspension Clause's own terms: a statute or rule that commands conduct is an order, and a legislature, a health department and a labor or occupational-safety agency are each such an authority (see The Statute). This subsection takes eight principal States (California, Texas, Ohio, Arizona, Florida, Indiana, New York and Washington, whose agricultural requirements the preceding subsection has set out); the fifty-one-jurisdiction treatment is at Nothing Was Voluntary.

The first layer is the orders themselves, which let a farm or a plant operate only on conditions, and the verbs are commands. Washington prohibited "any agricultural employer from continuing to operate beyond June 3, 2020, unless the employer complies with all provisions of the Agriculture COVID-19 Requirements" and provided that "No employer may operate ... unless the employer ... complies with all public health authority orders and directives," which its labor department made a rule.115 Texas commanded in GA-29, an order that required face coverings alone and one of the airborne-transmission controls the State laid on every indoor commercial premises beside GA-28's occupancy and closure regime, that every person "shall wear a face covering" inside a commercial entity, a command that reached every farm, plant and packing house in the State from July 3, 2020 to March 10, 2021; GA-28 and GA-32 ordered that "Every business establishment in Texas shall operate at no more than" 50 and then 75 percent of its listed occupancy, a cap that reached this industry's public-facing operations, the farm store, the market, the winery and the venue, while paragraph 1(a) of each order provided that there was "no occupancy limit" for the services listed in CISA's Essential Critical Infrastructure Workforce guidance, food and agriculture among them; the DSHS protocols those orders carried were written in "should" and are treated as recommendations made compulsory not by the orders but by the Labor Code's safe-workplace command, the general duty clause and, from June 14, 2021, the shield's compliance condition.116 California commanded that "[e]mployers shall establish, implement, and maintain an effective, written COVID-19 Prevention Program" in every workplace, labor camp and crew vehicle.117 Ohio ordered that "All businesses and operations shall continue to comply with Social Distancing Requirements"; Arizona that every employer "shall develop, establish and implement policies based on guidance from the CDC," the Department of Labor, OSHA and ADHS; Indiana that "all Hoosier employers shall develop a plan"; New York that reopened agriculture and manufacturing "must be operated subject to the guidance promulgated by the Department of Health."118 For every meat and poultry plant, Executive Order 13917 made the CDC-OSHA guidance, written in "should," the condition of continued operation.119

The second layer is standing law that commanded the same conduct before any order issued and after the orders lapsed. Texas states the duty on the person: "The state has a duty to protect the public health. Each person shall act responsibly to prevent and control communicable disease."120 Behind it stand control measures that "may be imposed on an individual, animal, place, or object," criminal penalties for refusing them, the Labor Code's command that "Each employer shall" provide "a place of employment that is reasonably safe and healthful for employees," and a sanitary code making an unsanitary food plant a public health nuisance.121 Ohio has commanded since 1974 that no one in charge of a place of trade "shall negligently fail to take reasonable measures to protect the public from exposure to the contagion," and commands every employer to furnish a place of employment "safe for the employees therein and for frequenters thereof."122 Indiana commands that "A person shall not institute, permit, or maintain any conditions that may transmit, generate, or promote disease" and commands conditions of work "free from recognized hazards," a duty its Department of Labor enforced against the CDC guidelines.123 California, Arizona, Florida, New York and Washington carry the same commands: a health code punishing disobedience of a control measure or emergency order; a safe-workplace statute commanding a place of employment "safe and healthful" or "free from recognized hazards"; and a sanitary code enforced by summary closure.124 Washington commands that "Members of the general public shall cooperate with ... Implementation of infection control measures," and New York's HERO Act commanded every employer to "establish an airborne infectious disease exposure prevention plan."125 Over all of them stands the general duty clause: "Each employer ... shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."126 OSHA said in March 2020 that the clause "requires employers to provide their employees with a workplace free from recognized hazards," cited under it against the CDC and OSHA guidance from April 2020, cited the largest meat processors in September 2020 and named this industry's slaughter and processing codes in its National Emphasis Program; the Service's own Office of Chief Counsel has recited the same requirement.127

The third layer is the liability shields, which fixed the standard of care as compliance. Texas protects a business unless the claimant proves it "knowingly failed to implement or comply with government-promulgated standards, guidance, or protocols"; Arizona presumes good faith only for a business that "adopted and implemented reasonable policies related to the public health pandemic"; Florida immunizes only a defendant that "made a good faith effort to substantially comply with authoritative or controlling government-issued health standards or guidance"; each reaches back to the first days of the emergency.128 Indiana set a gross-negligence floor without a compliance clause; Ohio set a recklessness floor and provided that a government order, recommendation or guideline "shall neither create nor be construed as creating a duty of care" in tort, leaving Ohio's compulsion in R.C. 3701.352, 3701.81(C) and 4101.11 and the orders; California, New York and Washington enacted no business shield and left the ordinary standard of care in force.129 In each the premise was the same: compliance with the governmental health standards is what a farm or a plant owed, and the business that spaced its line, screened its door, tested its crew and masked its shift was doing what the law required.

The counterparties

Customers

The restaurant, bar, hotel, school, college, stadium and institutional-kitchen orders of every State and large city, cited by region above and by jurisdiction in the fifty-State table, were orders on this industry's principal customers. Every State but South Dakota closed dine-in service by order between March 15 and April 3, 2020, the great majority by March 24, and South Dakota's cities closed theirs March 23-27; the reopening steps ran from 25 to 50 to 75 percent between May 2020 and the spring and summer of 2021, with a second closure in the winter of 2020-21 in the largest markets; the vaccination-proof orders of New York City (August 17, 2021), San Francisco (August 20, 2021) and New Orleans (August 16, 2021) conditioned the dining rooms and bars of those markets in the third quarter of 2021; and King County and Los Angeles County issued their vaccination-proof orders inside the quarter (September 16 and 17, 2021) with effective dates of October 25 and October 7, 2021.130 Every State closed its schools in March 2020 and most opened the 2020-21 year remote or hybrid by order, which closed the school-meal channel and reached the workforce.131 The fairs, farm shows, stock shows, livestock auctions, producer conventions and farmers markets through which this industry sells, buys and hires were closed, capped or moved online under the venue jurisdictions' gathering orders in 2020 and 2021; the Library's meetings collection lists them event by event, with the organizers' stated actions and the venue orders by exhibit ID.

The workforce and its institutions

The school and child-care closures of March 2020, the FFCRA leave mandates of April 1 to December 31, 2020, the remote and hybrid orders of 2020-21, the transit reductions and the federal conveyance order, the State workplace standards that made exclusion of exposed workers a legal duty, the 2021-22 school face-covering and quarantine orders (airborne-transmission and exposure controls on every school) of eighteen States and the District, and the vaccination mandates on health-care, school, child-care and public workers of July to September 2021 reached every worker in this industry as a parent, a commuter or a member of a household with a mandated worker.132 The consular, USCIS and border instruments reached the seasonal workforce directly (see the federal layer above).

Carriers, courts and public offices

The land-border notifications, the Title 42 order, the Coast Guard bulletins, the port rules and the conveyance order governed the industry's carriers; the judicial emergency orders of every State and the closure of clerks', recorders' and permitting offices governed its access to courts and public offices; USDA Service Centers went to phone appointments from March 23, 2020.133

The ecosystem

The mechanisms

An employer in this industry dealt in every quarter with counterparties whose commerce with it was limited by federal orders on borders, travel and supply, and the statute reaches that limitation in terms: "orders ... limiting commerce, travel, or group meetings." The United States has told the Ninth Circuit, in its answering brief in Stenson Tamaddon, LLC v. IRS, No. 25-4217 (9th Cir. Jan. 30, 2026) (Br. for Appellees), that an order addressed to someone other than the employer can suspend the employer:

a business may be suspended 'due to' a government order addressing a third party (such as an order that suspends the operations of a supplier of the business)

Br. for Appellees at 41

Six mechanisms operated.134 First, the supplier plants of Michigan, Pennsylvania, New York, New Jersey, Ohio, Indiana, Wisconsin, Washington and California were closed or confined to CISA-listed operations from March 19-24, 2020 until May and June 2020, and the plants of Ontario and Mexico were closed by orders of March 24 and March 30-31, 2020 and reopened only from June 1, 2020; a grower or processor that bought parts, packaging, chemicals or equipment from them received nothing while they were closed and less than it ordered for months after.135 Second, the ports: blank sailings of 21 percent of voyages in May 2020, the import surge from the fall of 2020, record volumes at Los Angeles in 2021 and the federal move to 24/7 port operations in October 2021 are the physical consequence of the Chinese, Vietnamese and Malaysian closures and of the demand shift the State orders produced, and every exporter of grain, meat, fruit and dairy waited longer and paid more for the same container.136 Third, PPE: from March 25, 2020 the accumulation of respirators, gloves and gowns above reasonable demand was a federal crime and from April 7, 2020 to June 30, 2021 their export was under federal allocation, in the same months in which every State order required plants and farms to buy them.137 Fourth, travel: no buyer, inspector, engineer or worker could enter from the listed countries in any quarter; no Canadian or Mexican could cross the land border except for essential travel through November 8, 2021; no United States employee could travel to Canada for a discretionary purpose until August 9, 2021, to the European Union until June 18, 2021 and again after August 30, 2021, to China from March 28, 2020 or to Japan from April 3, 2020.138 Fifth, the workforce: the suspension of immigrant entry from April 23, 2020 to February 24, 2021 and of H-2B entry from June 24, 2020 to March 31, 2021 removed the seasonal hires of nurseries, seafood processors and landscapers; the Title 42 order and the land-border rules governed the cross-border workforce of every border State.139 Sixth, the protein supply chain itself: the CDC's counts of April 27 and May 31, 2020, the Sioux Falls closure from April 12, 2020, the OSHA citations and the President's Defense Production Act order describe a supply chain that federal, State and local orders closed, reopened and conditioned in the second quarter of 2020, and every restaurant, grocer, distributor and institutional kitchen in every State bought from it.140

The foreign orders as facts and circumstances

Canada closed its border to discretionary travel by Order in Council from March 2020 and admitted fully vaccinated United States residents only from August 9, 2021; Ontario closed every business not on its Schedule 2 from 11:59 p.m. March 24, 2020; Mexico suspended all non-essential activities from March 30 to May 30, 2020; the European Union removed the United States from its permitted list on August 30, 2021; China closed its border to foreign nationals on March 28, 2020; Japan barred entry from April 3, 2020 and ran its fourth state of emergency from July 12 to September 30, 2021; Vietnam locked down Ho Chi Minh City from July 9 and sixteen southern provinces from July 18-19 through September 30, 2021; eighty countries imposed export prohibitions on medical goods by April 23, 2020.141 These are cited as the facts and circumstances in which the federal instruments operated, not as the orders on which the finding rests.

  1. Centers for Disease Control & Prevention, Timing of State and Territorial COVID-19 Stay-at-Home Orders and Changes in Population Movement - United States, March 1-May 31, 2020, 69 MMWR 1198 (Sept. 4, 2020) (Ex. LAW-201). ↩
  2. Council of State Governments, COVID-19 Resources for State Leaders: Executive Orders (tally of 2,065 gubernatorial executive orders through June 29, 2020) (Ex. LAW-203). ↩
  3. COVID Analysis and Mapping of Policies (COVID AMP), Georgetown University Center for Global Health Science and Security (Ex. LAW-202). ↩
  4. U.S. Dep't of Health & Human Servs., COVID-19 State and Territorial Policy Tracker (Ex. LAW-205). ↩
  5. Kaiser Family Foundation, State Social Distancing Actions, data files of July 2, 2021 (Ex. LAW-246) and Sept. 21, 2021 (Ex. LAW-247); earlier files of June 30, 2020 (Ex. LAW-230), Oct. 1, 2020 (Ex. LAW-231), Jan. 4, 2021 (Ex. LAW-232) and Apr. 5, 2021 (Ex. LAW-233). ↩
  6. U.S. Bureau of Labor Statistics, The Employment Situation - April 2020 (May 8, 2020) (Ex. LAW-206; Ex. ECO-B-013); U.S. Bureau of Economic Analysis, Gross Domestic Product, 2nd Quarter 2020 (Advance Estimate) (July 30, 2020) (Ex. LAW-253); U.S. Dep't of Labor, Unemployment Insurance Weekly Claims (Apr. 2, 2020) (Ex. ECO-B-015) (initial claims of 6,648,000 in the week ending March 28, 2020, "the highest level ... in the history of the seasonally adjusted series"). ↩
  7. Proclamation No. 9984, 85 Fed. Reg. 6709 (Feb. 5, 2020) (proclamation of Jan. 31, 2020) (Ex. FED-200; Ex. ECO-A-001); Proclamation No. 9992, 85 Fed. Reg. 12855 (Mar. 4, 2020) (proclamation of Feb. 29, 2020) (Ex. FED-201; Ex. ECO-A-002); Proclamation No. 9993, 85 Fed. Reg. 15045 (Mar. 16, 2020) (proclamation of Mar. 11, 2020) (Ex. ECO-A-003); Proclamation No. 9996, 85 Fed. Reg. 15341 (Mar. 18, 2020) (proclamation of Mar. 14, 2020) (Ex. ECO-A-004). ↩
  8. 85 Fed. Reg. 16548 (Mar. 24, 2020) (Canada) (Ex. ECO-A-020); 85 Fed. Reg. 16547 (Mar. 24, 2020) (Mexico) (Ex. ECO-A-040). ↩
  9. Centers for Disease Control & Prevention, Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists, 85 Fed. Reg. 17060 (Mar. 26, 2020) (order of Mar. 20, 2020) (Ex. ECO-A-014). ↩
  10. Ex. SEC-20-012; Ex. FED-327; Ex. SEC-20-013. ↩
  11. Ex. FED-324; Ex. AGY-FED-LABOR-IMMIGRATION-053 (the USCIS alert of Mar. 17, 2020, the agency's announcement of the closure it imposed, cited as such and not as an order). ↩
  12. Exec. Order No. 13909, 85 Fed. Reg. 16227 (Mar. 23, 2020) (order of Mar. 18, 2020) (Ex. FED-070; Ex. ECO-A-060); Exec. Order No. 13910, 85 Fed. Reg. 17001 (Mar. 26, 2020) (order of Mar. 23, 2020) (Ex. FED-071; Ex. ECO-A-061); Exec. Order No. 13911, 85 Fed. Reg. 18403 (Apr. 1, 2020) (order of Mar. 27, 2020) (Ex. FED-072; Ex. ECO-A-063); Ex. FED-074; Ex. ECO-A-062 (designation of Mar. 25, 2020). ↩
  13. Ex. FED-170; Ex. FED-171; Ex. ECO-B-001; Ex. ECO-B-002. ↩
  14. Ex. AGY-USCG-PORTS-066 (19 C.F.R. § 24.1a; 85 Fed. Reg. 22349). ↩
  15. Ex. SEC-20-009 (Proclamation 10014); Ex. SEC-20-001 (Executive Order 13917); Proclamation 10041, 85 Fed. Reg. 31933 (May 28, 2020) (proclamation of May 24, 2020) (Ex. ECO-A-005), as amended by Proclamation 10042, 85 Fed. Reg. 32291 (May 28, 2020) (proclamation of May 25, 2020) (Ex. ECO-A-126) (entry from Brazil suspended from 11:59 p.m. May 26, 2020); Ex. SEC-20-010 (Proclamation 10052, § 3(b)(iii)); Ex. AGY-FED-LABOR-IMMIGRATION-009 (Proclamation 10054 of June 29, 2020, amending Proclamation 10052). ↩
  16. Ex. SEC-20-005; Ex. FED-320 (H-2A rule of Apr. 20, 2020); Ex. SEC-20-008; Ex. FED-321 (H-2B rule of May 14, 2020); Ex. ECO-A-064 (FEMA export allocation, effective Apr. 7, 2020). ↩
  17. Ex. SEC-20-014. ↩
  18. Centers for Disease Control & Prevention and OSHA, Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (Apr. 26, 2020) (Ex. SEC-20-002); as updated July 9, 2020 (Ex. SEC-20-028). The guidance is not itself an order; it is the standard Executive Order 13917 directed the Secretary to enforce, and this analysis so treats it. ↩
  19. Ex. ECO-A-024; Ex. ECO-A-025; Ex. ECO-A-026; Ex. ECO-A-027; Ex. ECO-A-028; Ex. ECO-A-029 (Canada notifications, July-Dec. 2020); Ex. ECO-A-044; Ex. ECO-A-045; Ex. ECO-A-046; Ex. ECO-A-047; Ex. ECO-A-048; Ex. ECO-A-049 (Mexico); Ex. ECO-A-016; Ex. ECO-A-017; Ex. FED-037 (Title 42 orders; the order of Oct. 13, 2020); Ex. ECO-A-066; Ex. ECO-A-067 (FEMA extensions); Ex. ECO-A-069 (scarce-materials extension of July 30, 2020). ↩
  20. U.S. Dep't of State, Phased Resumption of Routine Visa Services (July 14, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-061; Ex. FED-328). ↩
  21. Ex. SEC-20-006; Ex. FED-322 (85 Fed. Reg. 51304, Aug. 20, 2020); Ex. SEC-20-007; Ex. FED-323 (85 Fed. Reg. 82291, Dec. 18, 2020). ↩
  22. Ex. ECO-A-081; Ex. ECO-A-082; Ex. SEC-20-022; Ex. AGY-FED-LABOR-IMMIGRATION-095 (JBS citation, Sept. 11, 2020); OSHA's citation of Smithfield Sioux Falls (Sept. 10, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-031). ↩
  23. U.S. Dep't of Labor, Paid Leave Under the Families First Coronavirus Response Act, 85 Fed. Reg. 57677 (Sept. 16, 2020) (Ex. ECO-B-003; Ex. AGY-FED-LABOR-IMMIGRATION-002); Ex. FED-170, §§ 3102(a)(1)(F), 5109 (expiry Dec. 31, 2020). ↩
  24. Centers for Disease Control & Prevention, Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (order of Dec. 25, 2020; effective Dec. 28, 2020; published 85 Fed. Reg. 86933 (Dec. 30, 2020)) (Ex. FED-040; Ex. ECO-A-079); Ex. SEC-20-011 (Proclamation 10131). ↩
  25. Ex. SEC-20-015. ↩
  26. Proclamation No. 10143, 86 Fed. Reg. 7467 (Jan. 28, 2021) (proclamation of Jan. 25, 2021) (Ex. FED-207; Ex. ECO-A-007); Centers for Disease Control & Prevention, Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country, 86 Fed. Reg. 7387 (Jan. 28, 2021) (amended order of Jan. 25, 2021) (Ex. FED-042; Ex. ECO-A-078), amending the order of Jan. 12, 2021, 86 Fed. Reg. 6331 (Jan. 21, 2021) (Ex. ECO-A-019); Ex. FED-020 (conveyance order); TSA, Security Directive SD 1582/84-21-01 (Jan. 31, 2021) (Ex. ECO-B-005); Ex. ECO-A-030; Ex. ECO-A-031; Ex. ECO-A-032; Ex. ECO-A-050; Ex. ECO-A-051; Ex. ECO-A-052 (land-border notifications, Jan.-Mar. 2021); Ex. ECO-A-070 (scarce-materials extension of Feb. 1, 2021); Ex. SEC-20-016 (CFAP Additional Assistance); Proclamation No. 10149, 86 Fed. Reg. 11847 (Mar. 1, 2021) (proclamation of Feb. 24, 2021) (Ex. AGY-FED-LABOR-IMMIGRATION-011) (revoking Proclamation 10014). ↩
  27. OSHA, Direction DIR 2021-01 (CPL-03), National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (Mar. 12, 2021) (Ex. SEC-10-014; Ex. FED-082; Ex. AGY-FED-LABOR-IMMIGRATION-087). ↩
  28. Ex. SEC-20-007 (filing window to June 16, 2021); Ex. AGY-FED-LABOR-IMMIGRATION-006 (the rule's flexibilities in force for petitions filed within the window). ↩
  29. Proclamation No. 10199, 86 Fed. Reg. 24297 (May 6, 2021) (proclamation of Apr. 30, 2021; effective 12:01 a.m. May 4, 2021) (Ex. FED-208; Ex. ECO-A-008). ↩
  30. Ex. FED-051 (SD 1582/84-21-01A); U.S. Dep't of Homeland Security & U.S. Dep't of Labor, Exercise of Time-Limited Authority To Increase the Fiscal Year 2021 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program, 86 Fed. Reg. 28198 (May 25, 2021) (temporary final rule) (Ex. AGY-FED-LABOR-IMMIGRATION-014) (20 C.F.R. amendments effective through Sept. 30, 2021); OSHA, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. § 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080; Ex. ECO-B-012); Ex. ECO-A-101 (100-day review); The White House, Fact Sheet: Biden-Harris Administration Announces Supply Chain Disruptions Task Force (June 8, 2021) (Ex. ECO-A-102); Ex. ECO-A-067; Ex. ECO-A-068 (FEMA rule expiry June 30, 2021); Ex. FED-232; Ex. FED-255 (June 23, 2021 notifications). ↩
  31. Ex. SEC-20-001; Ex. FED-070; Ex. FED-071; Ex. FED-072; Ex. FED-200; Ex. FED-201; Ex. FED-207; Ex. FED-208; Ex. FED-232; Ex. ECO-A-036; Ex. ECO-A-037; Ex. FED-235; Ex. FED-255; Ex. ECO-A-056; Ex. ECO-A-057; Ex. FED-258; Ex. FED-037; Ex. FED-038 (Title 42 reassessment of Aug. 2, 2021); Ex. FED-042; Ex. FED-020; Ex. FED-051; Ex. FED-052; Ex. ECO-A-071; Ex. SEC-10-015; Ex. FED-083; Ex. AGY-FED-LABOR-IMMIGRATION-014; Ex. FED-272; Ex. FED-063; Ex. FED-064; U.S. Dep't of Health & Human Servs., Renewal of Determination That a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016); Centers for Disease Control & Prevention, Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (June 24, 2021; effective July 1 through July 31, 2021) (Ex. FED-025); Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026); NMFS, Emergency Measures To Address Fishery Observer Coverage During the COVID-19 Pandemic, 86 Fed. Reg. 16511 (Mar. 29, 2021) (interim final action; effective Mar. 27, 2021 to Mar. 26, 2022) (Ex. AGY-FED-LANDS-SCIENCE-COURTS-067); U.S. Coast Guard, MSIB 02-21 (Change 2) (June 11, 2021) (Ex. AGY-USCG-PORTS-037); MSIB 02-21 (Change 3) (Sept. 2, 2021) (Ex. AGY-USCG-PORTS-038) (the Coast Guard's bulletins describing the CDC order's application at cargo handling facilities; context, not orders); Ex. SEC-20-017. ↩
  32. Ex. LAW-201; the restaurant and school closure orders are cited in the fifty-State table on this page; examples at Ex. TX-003; Ex. CA-002; Ex. IL-005; Ex. WA-016; Ex. MI-011; Ex. PA-002; Ex. OH-011; Ex. NY-002; Ex. NJ-004; Ex. MA-008; Ex. LA-005; Ex. FL-010; Ex. GA-010. ↩
  33. Governor of Washington, Proclamation 20-25, Stay Home - Stay Healthy (Mar. 23, 2020) (Ex. WA-016) with its Essential Critical Infrastructure Workers list (Ex. WA-017); Ex. SEC-20-031 (Proclamation 20-57); Ex. SEC-20-032; Ex. SEC-20-033; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-058; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-059; Ex. SEC-20-034; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-065; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-064 (housing rules and readoptions); Proclamation 20-25.8 (Nov. 15, 2020; effective 12:01 a.m. Nov. 17, 2020; restaurants and bars 12:01 a.m. Nov. 18, 2020) (Ex. WA-047); Proclamation 20-25.12, Healthy Washington - Roadmap to Recovery (Ex. WA-056); Proclamation 20-25.13 (May 21, 2021) (Ex. WA-065); Washington Ready (June 30, 2021) (Ex. WA-101); Proclamation 20-25.14 (July 1, 2021) (Ex. WA-072); Secretary of Health, Order 20-03.4 (Aug. 19, 2021; effective Aug. 23, 2021) (Ex. WA-078); Proclamation 20-25.15 (Aug. 20, 2021; effective Aug. 23, 2021) (Ex. WA-080). Proclamation 20-57 was terminated and rescinded effective July 1, 2021 by Proclamation 20-57.2 (Ex. WA-073; the State file's entry for the proclamation is Ex. WA-033); this analysis relies on it for the second quarter of 2020 through the second quarter of 2021. ↩
  34. Governor of Oregon, Exec. Order 20-12, Stay Home, Save Lives (Mar. 23, 2020) (Ex. OR-007); Ex. SEC-20-036; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-051; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-052 (AO 2-2020); Ex. SEC-10-054 (OAR 437-001-0744, temporary, Nov. 16, 2020); Ex. SEC-10-055 (permanent, May 4, 2021); Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054 (OAR 437-004-1115); Exec. Order 20-65 (Nov. 17, 2020; effective Nov. 18, 2020) (Ex. OR-033) (the two-week freeze); Exec. Order 20-66 (Dec. 2, 2020; effective Dec. 3, 2020) (Ex. OR-035) (the county-tier framework, rescinded June 30, 2021); Exec. Order 21-15, Reopening Oregon (June 25, 2021; effective June 30, 2021) (Ex. OR-043); Oregon Health Authority, OAR 333-019-1025, Masking Requirements for Indoor Spaces (temporary rule PH 35-2021, Aug. 11, 2021; effective Aug. 13, 2021) (Ex. OR-048); Oregon OSHA, Administrative Order 10-2021, Renewed Masking Requirements (Aug. 13, 2021) (Ex. SEC-10-056). ↩
  35. Governor of California, Exec. Order N-33-20 (Mar. 19, 2020) (Ex. CA-002) (rescinded by Exec. Order N-07-21 effective June 15, 2021, Ex. CA-027); the State Public Health Officer's essential-workforce list (Ex. CA-008); Regional Stay at Home Order (Dec. 3, 2020) (Ex. CA-020) and its supplement (Ex. CA-021); Exec. Order N-51-20 (Apr. 16, 2020) (Ex. SEC-20-040); Ex. SEC-10-041 (Cal/OSHA); State Public Health Officer, Beyond the Blueprint (June 11, 2021; effective June 15, 2021) (Ex. CA-029; Ex. CA-036); CDPH, Guidance for the Use of Face Coverings (July 28, 2021) (Ex. CA-035); CDPH, COVID-19 Public Health Guidance for K-12 Schools in California, 2021-22 School Year (July 12, 2021) (Ex. CA-034); State Public Health Officer Orders of July 26, 2021 (Ex. CA-031) and Aug. 5, 2021 (Ex. CA-030). ↩
  36. Governor of Arizona, Exec. Order 2020-18, Stay Home, Stay Healthy, Stay Connected (Mar. 30, 2020; effective 5:00 p.m. Mar. 31, 2020) (Ex. AZ-010); Exec. Order 2020-12, Essential Services (Mar. 23, 2020) (Ex. AZ-005); the reopening and event orders (Ex. AZ-019); Exec. Order 2021-06 (Mar. 25, 2021) (Ex. AZ-037); Navajo Nation Public Health Emergency Order No. 2021-017 (Aug. 12, 2021) (Ex. AZ-082) ("Orange Status"); Ex. AZ-063 (stay-at-home order of Mar. 20, 2020); Ex. AGY-TRIBAL-001 (weekend lockdown order of Apr. 16, 2020); Ex. AGY-TRIBAL-022 (PHEO 2021-020, continuation of Oct. 18, 2021; post-period, cited only as evidence that the Orange Status orders remained in force on Sept. 30, 2021). ↩
  37. Governor of Colorado, Exec. Order D 2020 017 (Mar. 25, 2020; effective 6:00 a.m. Mar. 26, 2020) (Ex. CO-012); Public Health Order 20-24 (Ex. CO-016); Public Health Order 20-36, Level Red (Nov. 20, 2020) (Ex. CO-037); Public Health Order 20-38, Limited COVID-19 Restrictions (Apr. 15, 2021; effective Apr. 16, 2021) (Ex. CO-051); Exec. Order D 2020 138 (July 16, 2020; effective July 17, 2020) (Ex. CO-031) (statewide face-covering order). ↩
  38. N.M. Dep't of Health, Public Health Emergency Order (Mar. 23, 2020; effective Mar. 24, 2020) (Ex. NM-006); the November 2020 reset orders (Ex. NM-041; Ex. NM-042; Ex. NM-043); Public Health Emergency Order of June 30, 2021 (effective July 1, 2021) (Ex. NM-060) (mandatory COVID-safe practices; $5,000 civil penalty); Public Health Emergency Order of Aug. 17, 2021 (Ex. NM-067) (indoor mask requirement from Aug. 20, 2021); Public Health Emergency Order of Sept. 15, 2021 (Ex. NM-070). ↩
  39. Governor of Nevada, Emergency Directive 010, Stay at Home (Mar. 31, 2020; effective Apr. 1, 2020) (Ex. NV-012); Directive 003 (Mar. 20, 2020) (Ex. NV-004); Directive 035, Statewide Pause (Nov. 22, 2020) (Ex. NV-030); Directive 044 (Apr. 19, 2021; effective Apr. 30, 2021) (Ex. NV-038); Declaration of Emergency Directive 047 (July 27, 2021; effective 12:01 a.m. July 30, 2021) (Ex. NV-041); Directive 048 (Aug. 4, 2021) (Ex. NV-042). ↩
  40. Governor of Hawaii, Third Supplementary Proclamation (Mar. 23, 2020) (Ex. HI-004); Second Supplementary Proclamation and Rules Relating to COVID-19 (Mar. 21, 2020; mandatory fourteen-day self-quarantine of arrivals effective 12:01 a.m. Mar. 26, 2020) (Ex. HI-003); the traveler Order for Self-Quarantine form (Ex. HI-031); Fifteenth Proclamation (Nov. 16, 2020) (Ex. HI-016) (statewide face-covering requirement, carried in every successor); Emergency Proclamation Related to the COVID-19 Response (Aug. 5, 2021) (Ex. HI-024); Exec. Order No. 21-05 (Aug. 10, 2021) (Ex. HI-025) (statewide limits on social gatherings, restaurants, bars and gyms); the October 1, 2021 Delta Response proclamation restating it (Ex. HI-029). ↩
  41. Idaho, Order to Self-Isolate (Mar. 25, 2020) (Ex. ID-003); Idaho Rebounds stage orders (Ex. ID-012; Ex. ID-013); Idaho Crisis Standards of Care activation (Sept. 16, 2021) (Ex. ID-072); Montana, Stay at Home Directive (Mar. 26, 2020; effective Mar. 28, 2020) (Ex. MT-009); Montana travel quarantine directive (Ex. MT-010); Montana's rescissions of Jan. 15 and Feb. 12, 2021 (Ex. MT-020; Ex. MT-021); Utah, Stay Safe, Stay Home directive (Mar. 27, 2020) (Ex. UT-004); Utah's transmission-index orders (Ex. UT-028) and their end (Ex. UT-040; Ex. UT-043); Wyoming public health orders of Mar. 19-24, 2020 (Ex. WY-004; Ex. WY-005; Ex. WY-006); Wyoming mask order (Ex. WY-040); Alaska Health Mandate 011 (Mar. 27, 2020; effective Mar. 28, 2020) (Ex. AK-013); Alaska Essential Services and Critical Workforce Infrastructure Order, formerly Mandate 010 Attachment A (Mar. 27, 2020; revised May 5, 2020) (Ex. AK-021); Ex. SEC-20-047 (Health Mandate 017); Juneau's Level High determination (July 29, 2021) (Ex. AK-095). ↩
  42. Governor of Illinois, Exec. Order 2020-10 (Mar. 20, 2020; effective 5:00 p.m. Mar. 21, 2020) (Ex. IL-005; Ex. SEC-10-034); Exec. Order 2020-73, Tier 3 Resurgence Mitigations (Nov. 18, 2020; effective 12:01 a.m. Nov. 20, 2020) (Ex. IL-031); Exec. Order 2021-12 (June 11, 2021) (Ex. IL-037) (Phase 5); Exec. Order 2021-20 (Aug. 26, 2021; face coverings effective Aug. 30, 2021) (Ex. IL-042; Ex. SEC-10-036); Gubernatorial Disaster Proclamations of June 25 and Sept. 17, 2021 (Ex. IL-047; Ex. IL-046). ↩
  43. Governor of Michigan, Exec. Order 2020-21 (Mar. 23, 2020; effective 12:01 a.m. Mar. 24, 2020) (Ex. MI-011); Exec. Order 2020-42 (Apr. 9, 2020) (Ex. MI-017); Exec. Order 2020-77 (May 7, 2020; manufacturing resumed May 11, 2020) (Ex. MI-026); Exec. Order 2020-114 (June 5, 2020) (Ex. SEC-20-045); Exec. Order 2020-145 (July 9, 2020) (Ex. SEC-20-043); Ex. MI-042 (MDHHS testing order of Aug. 3, 2020; the Department's release of Aug. 17, 2020 describing it is Ex. SEC-20-042); Ex. MI-075 (re-issue of June 11, 2021); Ex. MI-078 (rescission effective July 1, 2021); MIOSHA Emergency Rules (Oct. 14, 2020) (Ex. MI-054; Ex. SEC-10-024); MDHHS Gatherings and Face Mask Order (Oct. 5, 2020); Exec. Order 2020-110, MI Safe Start (June 1, 2020) (Ex. MI-031); MDHHS order of Nov. 15, 2020 (Ex. MI-060); MDHHS Rescission of Emergency Orders (June 17, 2021; effective June 22, 2021) (Ex. MI-076); Oakland County Health Division, Emergency Order 2021-01 (Aug. 24, 2021) (Ex. MET-DET-013); Wayne County Local Health Department, Emergency Order for Control of Pandemic (Aug. 27, 2021) (Ex. MET-DET-015); Detroit Health Department, Emergency Epidemic Order, Declaration of Continued Emergency (Aug. 25, 2021; effective Sept. 1, 2021) (Ex. MET-DET-005). ↩
  44. Governor of Minnesota, Emergency Exec. Order 20-20 (Mar. 25, 2020; effective 11:59 p.m. Mar. 27, 2020) (Ex. MN-010); Emergency Exec. Order 20-40 (Apr. 23, 2020; effective Apr. 27, 2020) (Ex. SEC-10-044); Emergency Exec. Order 20-56 (May 13, 2020; effective May 18, 2020) (Ex. SEC-10-045); Emergency Exec. Order 20-81 (July 22, 2020; effective July 25, 2020) (Ex. MN-027); Emergency Exec. Order 20-99 (Nov. 18, 2020; effective Nov. 20, 2020) (Ex. MN-032); Laws of Minnesota 2021, First Special Session, ch. 12, art. 2 (June 30, 2021) (Ex. MN-041) (termination of the peacetime emergency effective July 1, 2021). ↩
  45. Governor of Iowa, Proclamation of Disaster Emergency (Mar. 17, 2020) (Ex. IA-002); the proclamations of Nov. 2020 (Ex. IA-029; Ex. IA-030); Proclamation of Feb. 5, 2021 (effective Feb. 7, 2021) (Ex. IA-035); Iowa City Mayor's Order requiring face coverings (Aug. 19, 2021) (Ex. IA-067). ↩
  46. Governor of Kansas, Exec. Order 20-16 (Mar. 28, 2020; effective 12:01 a.m. Mar. 30, 2020) (Ex. KS-009); State of Disaster Emergency Proclamation of May 26, 2020 (Ex. KS-023); Exec. Order 20-52 (July 2, 2020) (Ex. KS-030) (face coverings); Johnson County Board of Health Order 001-21 (Aug. 5, 2021; effective Aug. 9, 2021) (Ex. MET-KC-067); Unified Government of Wyandotte County indoor mask order (Aug. 5, 2021). ↩
  47. Nebraska Dep't of Health & Human Servs., Directed Health Measure Order of Mar. 19, 2020 (Ex. NE-002); Directed Health Measure Order 2020-DCHD-019 (Jan. 29, 2021) (Ex. NE-026); Lincoln-Lancaster County Directed Health Measure (Aug. 24, 2021; effective Aug. 26, 2021). ↩
  48. Governor of South Dakota, Exec. Order 2020-12 (Apr. 6, 2020) (Ex. SD-009; Ex. ECO-B-070); Exec. Order 2020-20 with the Back to Normal Plan (Apr. 28, 2020) (Ex. SD-017); Ex. SEC-20-020 (the Sioux Falls closure); the Cheyenne River Sioux Tribe's checkpoint regime, as described in its complaint in Cheyenne River Sioux Tribe v. Trump, No. 1:20-cv-01709 (D.D.C.) (Ex. SD-044). ↩
  49. Ohio Dep't of Health, Director's Stay at Home Order (Mar. 22, 2020) (Ex. OH-011); Director's Stay Safe Ohio Order (Apr. 30, 2020) (Ex. OH-019; Ex. SEC-10-048); Director's Order for Facial Coverings throughout the State of Ohio (July 23, 2020) (Ex. OH-030); the Director's curfew order of Nov. 2020; the rescission orders of June 2, 2021 (Ex. OH-048; Ex. OH-050); Columbus Mayor's Exec. Order 2021-01 (Sept. 10, 2021) (Ex. MET-CMH-048); Columbus Ordinance 2388-2021 (effective 8:00 a.m. Sept. 14, 2021) (Ex. MET-CMH-050; Ex. MET-CMH-051); City of Dayton indoor face-covering ordinance (Sept. 15, 2021) (Ex. OH-094). ↩
  50. Governor of Indiana, Exec. Order 20-08 (Mar. 23, 2020; effective Mar. 24, 2020) (Ex. IN-006); Exec. Order 21-09 (Ex. IN-059); Exec. Order 21-17 (June 30, 2021) (Ex. IN-066); Marion Circuit and Superior Courts, Order on Protective Facial Coverings and Social Distancing (Aug. 16, 2021) (Ex. MET-IND-054). ↩
  51. Wisconsin Dep't of Health Servs., Emergency Order 12, Safer at Home (Mar. 24, 2020; effective Mar. 25, 2020) (Ex. WI-002); Wisconsin Legislature v. Palm (May 13, 2020) (Ex. WI-007); Governor of Wisconsin, Emergency Order #1, Relating to Stopping the Spread of COVID-19 by Requiring Face Coverings (July 30, 2020; effective Aug. 1, 2020) (Ex. WI-009), and successor Emergency Orders #1 (Ex. WI-011; Ex. WI-015; Ex. WI-017; Ex. WI-020), each issued by the Governor under Wis. Stat. § 323.12(4)(b) and the Executive Orders declaring the emergencies; Fabick v. Evers (Mar. 31, 2021) (Ex. WI-021); Milwaukee Stay-At-Home Order (Mar. 23, 2020; effective Mar. 25, 2020) (Ex. MET-MKE-030); Dane County Face Covering Emergency Order (effective Aug. 19, 2021) (Ex. MET-MKE-023). ↩
  52. Missouri Dep't of Health & Senior Servs., Stay Home Missouri Order (Apr. 3, 2020; effective Apr. 6, 2020) (Ex. MO-004); St. Louis City Health Commissioner's Order No. 5 (Mar. 21, 2020; effective 6:00 p.m. Mar. 23, 2020) (Ex. MET-STL-006); St. Louis County Safer At Home Order (Nov. 17, 2020) (Ex. MET-STL-074); St. Louis City Health Commissioner's Order No. 1 (2021) (July 26, 2021) (Ex. MET-STL-021); St. Louis County Face Covering Order (July 26, 2021) (Ex. MET-STL-069); Kansas City Order 21-01 (July 30, 2021; effective Aug. 2, 2021); Committee Substitute for Ordinance No. 210694 (Aug. 19, 2021) (Ex. MET-KC-002); Jackson County Health Order of Aug. 6, 2021 (Ex. MET-KC-045). ↩
  53. Governor of North Dakota, Exec. Order 2020-06 (Mar. 19, 2020; effective Mar. 20, 2020) (Ex. ND-005; Ex. ECO-B-071); travel quarantine order (Ex. ND-021); State Health Officer Orders 2020-08 and 2020-08.1 (Nov. 13 and Dec. 9, 2020; face coverings to 12:01 a.m. Jan. 18, 2021) (Ex. ND-061; Ex. ND-066); Exec. Order 2020-43 (Nov. 13, 2020; effective Nov. 16, 2020; replaced by EO 2020-43.1, Nov. 19, 2020) (Ex. ND-062) (capacity limits); the rescission of Jan. 18, 2021 and later orders (Ex. ND-081). ↩
  54. Governor of Texas, Exec. Order GA-08 (Mar. 19, 2020) (Ex. TX-003); Exec. Order GA-14 (Mar. 31, 2020; effective 12:01 a.m. Apr. 2, 2020) (Ex. TX-008); Exec. Order GA-28 (June 26, 2020) (Ex. TX-021); Exec. Order GA-29 (July 2, 2020; effective July 3, 2020) (Ex. TX-022); Exec. Order GA-32 (Oct. 7, 2020; effective 12:01 a.m. Oct. 14, 2020) (Ex. TX-025), with the DSHS list of Trauma Service Areas with high hospitalizations that triggered the 50 percent rollback (Ex. TX-026); Exec. Order GA-34 (Mar. 2, 2021; effective Mar. 10, 2021) (Ex. TX-029); Exec. Order GA-38 (July 29, 2021) (Ex. TX-036); Proclamation renewing the disaster declaration (Aug. 29, 2021) (Ex. TX-038); Dallas County Judge, Order on Required Use of a Face Mask in Certain Public Space (Aug. 11, 2021) (Ex. MET-DFW-028); Order Modifying Order on Required Use of a Face Mask (Aug. 16, 2021) (Ex. MET-DFW-031); Harris County Local Health Authority, Order Regarding Public Schools (Aug. 12, 2021) (Ex. MET-HOU-038); Bexar County Judge, Exec. Order NW-21 (Aug. 10, 2021; effective Aug. 11, 2021) (Ex. MET-SAT-067). ↩
  55. Governor of North Carolina, Exec. Order No. 121 (Mar. 27, 2020; effective 5:00 p.m. Mar. 30, 2020) (Ex. NC-005); Ex. SEC-20-044; Ex. NC-013 (EO 147); Exec. Order No. 215 (May 14, 2021) (Ex. NC-029); Exec. Order No. 224 (July 29, 2021; effective Sept. 1, 2021) (Ex. ECO-B-061); Mecklenburg County Board of Health Rule Requiring Face Coverings (Aug. 2021; countywide from Aug. 31, 2021) (Ex. MET-CLT-001); Third Revised and Amended Joint Proclamation (Charlotte and Mecklenburg; effective 5:00 p.m. Aug. 18, 2021) (Ex. MET-CLT-023). ↩
  56. Governor of Georgia, Exec. Order 04.02.20.01 (Apr. 2, 2020; effective 6:00 p.m. Apr. 3, 2020) (Ex. GA-010); the reopening orders (Ex. GA-024; Ex. GA-025); Exec. Order 04.30.21.01 (Apr. 30, 2021; effective May 1, 2021) (Ex. GA-035); the Economic Recovery State of Emergency orders (Ex. GA-041; Ex. GA-046); Exec. Order 08.19.21.03 (Aug. 19, 2021) (Ex. GA-043); Savannah Emergency Order 29 (Aug. 24, 2021) (Ex. MET-ATL-017); Atlanta Executive Order of July 28, 2021 (Ex. MET-ATL-063); Fulton County Board of Health Administrative Order 20.03.31 (Mar. 31, 2020) (Ex. MET-ATL-002). ↩
  57. Governor of Virginia, Exec. Order 55 (Mar. 30, 2020) (Ex. VA-006); Exec. Order 53 (Mar. 23, 2020) (Ex. VA-004; Ex. ECO-B-034); Ex. SEC-10-042 (ETS); Ex. SEC-10-043 (permanent standard); Exec. Order 72 (Dec. 10, 2020; effective Dec. 14, 2020) (Ex. VA-016); Exec. Order 79 (May 14, 2021; effective May 28, 2021) (Ex. VA-017); Order of Public Health Emergency Ten (Aug. 12, 2021); Twenty-Sixth and Twenty-Eighth Orders Extending Declaration of Judicial Emergency (Aug. 4 and Sept. 20, 2021) (Ex. VA-041; Ex. VA-042). ↩
  58. Governor of Louisiana, Proclamation 33 JBE 2020 (Mar. 22, 2020; effective 5:00 p.m. Mar. 23, 2020) (Ex. LA-005); Proclamation 89 JBE 2020 (July 11, 2020; face coverings from July 13, 2020) (Ex. LA-014); Proclamation 93 JBE 2021 (May 25, 2021; effective May 26, 2021) (Ex. LA-032); Proclamation 137 JBE 2021 (Aug. 2, 2021; effective Aug. 4, 2021) (Ex. LA-036); Proclamation 167 JBE 2021 (Aug. 31, 2021) (Ex. LA-038); Proclamation 181 JBE 2021 (Sept. 28, 2021) (Ex. LA-040). ↩
  59. Governor of Kentucky, Exec. Order 2020-257, Healthy at Home (Mar. 25, 2020; effective 8:00 p.m. Mar. 26, 2020) (Ex. KY-010; Ex. SEC-10-050); CHFS Order of May 9, 2020 and Healthy at Work Minimum Requirements (Ex. SEC-10-053); Healthy at Work Requirements for Manufacturing, Distribution, and Supply Chain Businesses (May 11, 2020) (Ex. SEC-10-051); Exec. Order 2020-968 (Nov. 18, 2020) (Ex. KY-033) (schools); Exec. Order 2021-386 (June 11, 2021) (Ex. KY-049); Exec. Order 2021-585 (Aug. 10, 2021) (Ex. ECO-B-051); 2021 Special Session House Joint Resolution 1 (Sept. 7, 2021) (Ex. KY-056). ↩
  60. Alabama State Health Officer, Stay at Home Order (Apr. 3, 2020; effective 5:00 p.m. Apr. 4, 2020) (Ex. AL-013); Safer at Home orders (Ex. AL-017; Ex. AL-020; Ex. AL-021); the final Safer Apart order of May 3, 2021 (Ex. AL-051); Arkansas Exec. Order 20-13 (Apr. 4, 2020; effective Apr. 6, 2020) (Ex. AR-003); Exec. Order 20-43 (July 16, 2020; face coverings from July 20, 2020) (Ex. AR-009); Exec. Order 21-03 (Feb. 26, 2021) (Ex. AR-014); Mississippi Exec. Order 1466, Shelter in Place (Apr. 1, 2020; effective 5:00 p.m. Apr. 3, 2020) (Ex. MS-009); Exec. Order 1551 (Apr. 30, 2021) (Ex. MS-053); Tennessee Exec. Orders 22 and 23 (Mar. 30-31, 2020) (Ex. TN-007; Ex. TN-008); Exec. Order 80 (Apr. 27, 2021; effective Apr. 28, 2021) (Ex. TN-032); Oklahoma Fourth Amended Exec. Order 2020-07 (Mar. 24, 2020) (Ex. OK-006); First Amended Exec. Order 2021-07 (Mar. 12, 2021) (Ex. OK-039); South Carolina Exec. Order 2020-21, Home or Work (Apr. 6, 2020; effective 5:00 p.m. Apr. 7, 2020) (Ex. SC-013); Exec. Order 2021-11 (Mar. 1, 2021) (Ex. SC-032); Florida Exec. Order 20-91, Safer at Home (Apr. 1, 2020; effective 12:01 a.m. Apr. 3, 2020) (Ex. FL-010); Exec. Order 20-244 (Sept. 25, 2020) (Ex. FL-047); Exec. Orders 21-101 and 21-102 (May 3, 2021) (Ex. FL-059; Ex. FL-060); Exec. Order 21-175 (July 30, 2021) (Ex. FL-063; Ex. ECO-B-041); Dep't of Health Emergency Rule 64DER21-12 (Aug. 6, 2021) (Ex. FL-032), replaced Sept. 22, 2021 by Emergency Rule 64DER21-15 (Ex. FL-033). ↩
  61. Governor of Maryland, Order 20-03-30-01 (Mar. 30, 2020) (Ex. MD-007); Order 20-07-29-01 (July 29, 2020; effective 5:00 p.m. July 31, 2020) (Ex. MD-014) (face coverings); Order 21-03-09-01 (Mar. 9, 2021; effective 5:00 p.m. Mar. 12, 2021) (Ex. MD-026); Order 21-05-14-01 (May 14, 2021; effective May 15, 2021) (Ex. MD-030); Order 21-06-15-01 Terminating Various Emergency Orders (June 15, 2021) (Ex. MD-031); Montgomery County Board of Health Regulation, Res. 19-975 (Aug. 5, 2021; effective Aug. 7, 2021) (Ex. MET-DCM-023); Prince George's County Exec. Order 18-2021 (Aug. 5, 2021; effective 5:00 p.m. Aug. 8, 2021); Maryland Judiciary courthouse face-covering order (Aug. 9, 2021) (Ex. MD-091). ↩
  62. Mayor of the District of Columbia, Mayor's Order 2020-053, Closure of Non-Essential Businesses and Prohibition on Large Gatherings (Mar. 24, 2020) (Ex. DC-005); Mayor's Order 2020-054, Stay at Home (Mar. 30, 2020; effective 12:01 a.m. Apr. 1, 2020) (Ex. DC-006); Mayor's Office, COVID-19 Situational Update (May 17, 2021) (Ex. DC-073) (announcing the lifting of capacity restrictions on May 21 and June 11, 2021); Mayor's Order 2021-069 (May 17, 2021); Mayor's Order 2021-097, Resumption of Mask Requirements (July 29, 2021; effective 5:00 a.m. July 31, 2021) (Ex. DC-057). ↩
  63. Governor of Delaware, Fourth Modification of the Declaration of a State of Emergency (Mar. 22, 2020; effective 8:00 a.m. Mar. 24, 2020) (Ex. DE-005); Ex. DE-006; the Twenty-Eighth and later modifications ending the general restrictions (Ex. DE-037; Ex. DE-038; Ex. DE-040); Declaration of a Public Health Emergency (July 12, 2021; extended Aug. 10 and Sept. 8, 2021) (Ex. DE-041); Delaware school mask order (Aug. 16, 2021) (Ex. ECO-B-145); Governor of West Virginia, Exec. Order 9-20, Stay at Home (Mar. 23, 2020; effective 8:00 p.m. Mar. 24, 2020) (Ex. WV-009); Exec. Order 50-20 (July 6, 2020) (Ex. WV-041) (face coverings); the rescissions of Apr. 20 and June 20, 2021 (Ex. WV-063; Ex. WV-066); the State of Emergency continuing through 2021 (Ex. WV-001). ↩
  64. Governor of New York, Exec. Order 202.6 (Mar. 18, 2020) (Ex. NY-003); Exec. Order 202.8 (Mar. 20, 2020) (Ex. NY-002); Empire State Development, Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (Ex. SEC-10-026; Ex. ECO-A-120); Exec. Order 205 (June 24, 2020; effective June 25, 2020) (Ex. NY-006) (traveler quarantine); Exec. Order 202.68 (Oct. 6, 2020) (Ex. NY-008); Exec. Order 202.81 (Dec. 11, 2020); Exec. Order 202.108 (May 17, 2021; percentage capacity limits ended May 19, 2021) (Ex. NY-054); Exec. Order 202.111 (June 15, 2021) (Ex. NY-057) (remaining gathering limits ended); Exec. Order 210 (June 24, 2021) (Ex. NY-049); New York HERO Act, L. 2021, ch. 105 (May 5, 2021) (Ex. SEC-10-029; Ex. NY-082); Commissioner of Health, Designation of COVID-19 as a Highly Contagious Communicable Disease under Labor Law § 218-b (Sept. 6, 2021) (Ex. SEC-10-031; Ex. NY-127); 10 NYCRR 2.60 (Aug. 27, 2021) (Ex. ECO-B-054); 10 NYCRR 2.61 (Aug. 26, 2021) (Ex. ECO-B-055); 10 NYCRR Subpart 66-3 (Ex. NY-133; Ex. NY-134). ↩
  65. Governor of New Jersey, Exec. Order No. 107 (Mar. 21, 2020) (Ex. SEC-10-023; Ex. NJ-004); Exec. Order No. 122 (Apr. 8, 2020; effective 8:00 p.m. Apr. 10, 2020) (Ex. SEC-10-020; Ex. NJ-011); Exec. Order No. 192 (Oct. 28, 2020; effective 6:00 a.m. Nov. 5, 2020) (Ex. SEC-10-021; Ex. NJ-036); Exec. Order No. 242 (May 24, 2021) (Ex. NJ-050); Exec. Order No. 243 (May 26, 2021; effective June 4, 2021) (Ex. SEC-10-022; Ex. NJ-051); Exec. Order No. 251 (Aug. 6, 2021; effective Aug. 9, 2021) (Ex. ECO-B-029); Exec. Order No. 252 (Aug. 6, 2021) (Ex. ECO-B-030); Exec. Order No. 253 (Aug. 23, 2021) (Ex. ECO-B-031). ↩
  66. Governor of Pennsylvania, Order Regarding the Closure of All Businesses That Are Not Life Sustaining (Mar. 19, 2020) (Ex. PA-002); the Secretary of Health's parallel order (Ex. PA-003); the life-sustaining business list (Ex. PA-004); Secretary of Health, Order Directing Public Health Safety Measures for Businesses Permitted to Maintain In-Person Operations (Apr. 15, 2020; enforcement from 8:00 p.m. Apr. 19, 2020) (Ex. PA-008); Order of the Governor for Individuals to Stay at Home (Apr. 1, 2020) (Ex. PA-006); the Nov. 23, 2020 order (Ex. PA-022) ("Unless impossible, all businesses must conduct their operations remotely"); the Governor's parallel mitigation order of Nov. 23, 2020 (Ex. PA-023); the Secretary of Health's Order Directing Limited-Time Targeted Mitigation (Dec. 10, 2020; effective 12:01 a.m. Dec. 12, 2020; expired 8:00 a.m. Jan. 4, 2021) (Ex. PA-028); the Acting Secretary's amendments of Mar. 1 and Apr. 1, 2021 (the latter effective Apr. 4, 2021) (Ex. PA-031; Ex. PA-033); the Amendments of May 13, 2021 (effective May 17, 2021; orders expired May 31, 2021) (Ex. PA-035; Ex. PA-036); House Resolution No. 106 (June 10, 2021) terminating the disaster emergency (Ex. PA-039); the Acting Secretary's Termination of the Updated Order Requiring Universal Face Coverings (June 28, 2021) (Ex. PA-100); Acting Secretary of Health, Order Directing Face Coverings in School Entities (Aug. 31, 2021; effective Sept. 7, 2021) (Ex. ECO-B-087). ↩
  67. Governor of Massachusetts, COVID-19 Order No. 13 (Mar. 23, 2020; effective noon Mar. 24, 2020) (Ex. MA-008); COVID-19 Order No. 33 (May 18, 2020) (Ex. MA-017); Mandatory Safety Standards for Workplaces: Manufacturing (Ex. SEC-10-046); COVID-19 Order No. 69 (May 28, 2021; effective May 29, 2021) (Ex. MA-048); Boston Public Health Commission, Order Requiring Face Coverings in the City of Boston (Aug. 20, 2021; effective Aug. 27, 2021) (Ex. MET-BOS-013); Somerville Order and Regulation Revising Face Coverings Mandate (Aug. 19, 2021; effective Aug. 20, 2021) (Ex. MET-BOS-063); Cambridge Amended Temporary Emergency Order Requiring Masks in Indoor Public Places (Sept. 15, 2021; original effective Sept. 3, 2021) (Ex. MET-BOS-036). ↩
  68. Connecticut Exec. Order 7H (Mar. 20, 2020; effective 8:00 p.m. Mar. 23, 2020) (Ex. CT-007); Exec. Orders 7PP (May 18, 2020) and 7ZZ (June 16, 2020) (Ex. CT-018; Ex. CT-021) (sector rules); traveler quarantine orders (Ex. CT-023; Ex. CT-028; Ex. CT-034); Exec. Order 12B (May 20, 2021) (Ex. CT-046); Renewed Declarations of Public Health and Civil Preparedness Emergency (July 13, 2021; to Sept. 30, 2021) (Ex. CT-048); Exec. Order 13A (Aug. 5, 2021) (Ex. ECO-B-036); Rhode Island Exec. Order 20-13, Stay at Home (Mar. 28, 2020) (Ex. RI-009; Ex. RI-010); Exec. Order 21-57, Reopening Order (May 21, 2021) (Ex. RI-040); Exec. Order 21-87 (Aug. 19, 2021) (Ex. ECO-B-066; Ex. RI-055); Vermont Addendum 5 to Exec. Order 01-20 (Mar. 23, 2020) (Ex. VT-009); Addendum 6, Stay Home, Stay Safe (Mar. 24, 2020; effective 5:00 p.m. Mar. 25, 2020) (Ex. VT-010); the June 14-15, 2021 lifting (Ex. VT-098; Ex. VT-043; Ex. VT-044); Amendments to Administrative Order No. 49 (June 25 and Sept. 1, 2021) (Ex. VT-057; Ex. VT-061); New Hampshire Emergency Order 17, Stay at Home (Mar. 26, 2020; effective 11:59 p.m. Mar. 27, 2020) (Ex. NH-009; Ex. NH-010); Emergency Order #90 (Apr. 16, 2021) (Ex. NH-038) (extending the Universal Guidelines for all employers to May 7, 2021, on which date they lapsed); the end of the state of emergency (June 11, 2021) (Ex. NH-039); Maine Exec. Order 19 FY 19/20 (Mar. 24, 2020; effective 12:01 a.m. Mar. 25, 2020) (Ex. ME-007); Exec. Order 28 FY 19/20, Stay Healthy at Home (Mar. 31, 2020; effective Apr. 2, 2020) (Ex. ME-011); traveler quarantine (Ex. ME-013); Exec. Orders of May 2021 ending the general restrictions (Ex. ME-057; Ex. ME-058; Ex. ME-059; Ex. ME-060). ↩
  69. Ex. TX-036 (GA-38); Ex. GA-043 (Exec. Order 08.19.21.03); Ex. FL-063 (Exec. Order 21-175); Ex. AZ-037 (Exec. Order 2021-06); RSMo § 67.265 (Ex. MET-KC-078); Ex. MET-DFW-028; Ex. MET-DFW-031; Ex. MET-HOU-038; Harris County Local Administrative Judge, Order Concerning Additional Health and Safety Protocols (Aug. 11, 2021) (Ex. MET-HOU-052); Harris County Judge, Eighth Order Authorizing Fever and Health Screening and Face Coverings in County Buildings (Aug. 17, 2021) (Ex. MET-HOU-039); Ex. MET-SAT-067; Ex. MET-STL-021 (the City's order, which the temporary restraining order of Aug. 3, 2021 against the County "did not address"); Abbott v. Harris County, No. 22-0124 (Tex. June 30, 2023) (Ex. MET-HOU-061) (recording that the injunctions against GA-38 were superseded on appeal; the local orders remained the operative local law throughout the quarter). ↩
  70. Mayor of New York City, Emergency Exec. Order No. 100 (Mar. 16, 2020) (Ex. MET-NYC-003); Emergency Exec. Order No. 103 (Mar. 25, 2020) (Ex. MET-NYC-006); Emergency Exec. Order No. 225, Key to NYC (Aug. 16, 2021; effective Aug. 17, 2021; penalties from Sept. 13, 2021) (Ex. MET-NYC-017). ↩
  71. Los Angeles County Health Officer, Safer at Home Order (revised Mar. 21, 2020), ¶ 1 (Ex. MET-LA-003) ("all businesses [must] cease in-person operations and close to the public, unless the business is defined as an Essential Business"); Revised Temporary Targeted Safer at Home Order (Dec. 30, 2020) (Ex. MET-LA-012); Responding Together: universal indoor masking (July 16, 2021; effective 11:59 p.m. July 17, 2021) (Ex. MET-LA-018). ↩
  72. Chicago Dep't of Public Health, Order 2020-3 (Second Amended) (May 29, 2020), § 1.4 (Ex. MET-CHI-007) (manufacturers: distancing, face coverings, staggered shifts, reduced line speeds); Order 2020-9 (Eighth Amended), Phase 5 (June 11, 2021) (Ex. MET-CHI-018); Order 2021-1, Masks Required Indoors in Public Places (Aug. 20, 2021) (Ex. MET-CHI-026); Cook County Dep't of Public Health, Order 2021-10 (Aug. 20, 2021; effective Aug. 23, 2021) (Ex. MET-CHI-041). ↩
  73. Harris County Judge, Stay Home, Work Safe Order (Mar. 24, 2020; effective 11:59 p.m.) (Ex. MET-HOU-005); Dallas County Judge, Amended Order, Stay Home Stay Safe (Mar. 22, 2020; effective 11:59 p.m. Mar. 23, 2020) (Ex. MET-DFW-005); Rules for Manufacturers and Distributors (Apr. 2, 2020) (Ex. MET-DFW-011); Supplemental Order on Food Processing Plants (May 15, 2020) (Ex. MET-DFW-018); Ex. MET-DFW-028; Ex. MET-HOU-039. ↩
  74. San Francisco Health Officer, Order No. C19-07, Shelter in Place (Mar. 16, 2020; effective 12:01 a.m. Mar. 17, 2020) (Ex. MET-SFO-001); the parallel orders of Santa Clara, Alameda, Contra Costa, San Mateo and Marin Counties (Ex. MET-SFO-019; Ex. MET-SFO-026; Ex. MET-SFO-033; Ex. MET-SFO-040; Ex. MET-SFO-046); the joint indoor face-covering announcement and orders of Aug. 2, 2021 (effective 12:01 a.m. Aug. 3, 2021) (Ex. MET-SFO-071; Ex. MET-SFO-010; Ex. MET-SFO-049); Sacramento County Health Officer, Order of July 29, 2021 (effective 12:01 a.m. July 30, 2021) (Ex. MET-SAC-015). ↩
  75. Ex. MET-CMH-050; Ex. MET-CMH-051 (Columbus Ordinance 2388-2021); Ex. MET-CMH-048 (Exec. Order 2021-01 of Sept. 10, 2021). ↩
  76. Ex. MET-STL-074; Ex. MET-STL-021; Ex. MET-STL-069; Kansas City Order 21-01 (July 30, 2021; effective Aug. 2, 2021); Ex. MET-KC-002; Ex. MET-KC-045; Ex. MET-KC-067; Unified Government of Wyandotte County indoor mask order (Aug. 5, 2021). ↩
  77. Ex. SEC-20-001, §§ 1-2; U.S. Dep't of Agriculture, News Release, USDA To Implement President Trump's Executive Order On Meat and Poultry Processors (Apr. 28, 2020) (Ex. AGY-FED-LANDS-SCIENCE-COURTS-006). ↩
  78. Ex. SEC-20-022; Ex. AGY-FED-LABOR-IMMIGRATION-095; Ex. AGY-FED-LABOR-IMMIGRATION-031; Ex. SEC-10-014; Ex. SEC-10-015; Ex. FED-083; Ex. AGY-FED-LABOR-IMMIGRATION-088. ↩
  79. Ex. SEC-20-005; Ex. SEC-20-006; Ex. SEC-20-007; Ex. SEC-20-008; Ex. AGY-FED-LABOR-IMMIGRATION-014; Ex. SEC-20-012; Ex. SEC-20-013; Ex. AGY-FED-LABOR-IMMIGRATION-061; Ex. FED-324; Ex. FED-325; Ex. AGY-FED-LABOR-IMMIGRATION-056; DHS, Form I-9 compliance flexibility (Mar. 20, 2020) and its extensions (Ex. AGY-FED-LABOR-IMMIGRATION-068; Ex. AGY-FED-LABOR-IMMIGRATION-069) (announcements, cited as context and not as orders). ↩
  80. NMFS, Emergency Measures To Address Fishery Observer Coverage During the COVID-19 Pandemic, 85 Fed. Reg. 17285 (Mar. 27, 2020; effective Mar. 24, 2020) (Ex. AGY-FED-LANDS-SCIENCE-COURTS-065); extension of Sept. 21, 2020 (Ex. AGY-FED-LANDS-SCIENCE-COURTS-066); Ex. AGY-FED-LANDS-SCIENCE-COURTS-067 (Mar. 29, 2021; to Mar. 26, 2022). ↩
  81. U.S. Coast Guard, MSIB 02-21 (Change 1), COVID-19 Safety Requirements in the Maritime Transportation System (Mar. 22, 2021) (Ex. AGY-USCG-PORTS-033); Ex. AGY-USCG-PORTS-037; Ex. AGY-USCG-PORTS-038; MSIB 02-20 (Change 7) (May 5, 2021) (Ex. AGY-USCG-PORTS-035). A Marine Safety Information Bulletin is the Coast Guard's informational bulletin, without independent legal effect; these are cited as the Coast Guard's own account of the operating regime and not as orders, the enforceable instruments being the CDC orders the bulletins describe (Ex. FED-020) and the Captains of the Port's orders. Port of Virginia, Operations Alert, COVID-19 Protocols - Social Distancing (Apr. 8, 2020) (Ex. AGY-USCG-PORTS-078); Georgia Ports Authority, advisory to port users, GPA Temperature Checks (Apr. 21, 2020) (Ex. AGY-USCG-PORTS-081) (the port authorities' operating rules for their terminals). ↩
  82. Ex. SEC-20-031; Ex. SEC-20-032; Ex. SEC-20-033; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-056; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-057; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-058; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-059; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-060; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-061; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-064; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-065. The enabling statutes: RCW 43.06.220 (Governor); RCW 70.114A.065 and 43.70.335 (Department of Health); RCW 49.17.010, .040, .050 and .060 (Department of Labor and Industries), each recited in the filings. ↩
  83. Ex. SEC-20-036; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-051; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-052; Oregon OSHA, Temporary Rule Enforcement Memorandum (May 8, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-055) (enforcement from June 1, 2020); Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054; Ex. SEC-10-054; Ex. SEC-10-055; Ex. SEC-10-056. Enabling authority: ORS 654.025(2) and 656.726(4); penalties under ORS 654.071 and 654.086. ↩
  84. Ex. SEC-10-041. ↩
  85. Ex. SEC-10-042; Ex. SEC-10-043. ↩
  86. Ex. MI-042; the Department's release of Aug. 17, 2020 describing the order (Ex. SEC-20-042; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-066); Ex. MI-075; Ex. MI-078; Ex. MI-054; Ex. SEC-10-024. Enabling authority: MCL 333.2253 (MDHHS); penalties under MCL 333.2262. ↩
  87. Ex. SEC-20-044; Ex. NC-013; Ex. NC-029 (Exec. Order 215). ↩
  88. Ex. SEC-10-051; Ex. SEC-10-053; Ex. SEC-10-044; Ex. SEC-10-045; Ex. SEC-10-020; Ex. SEC-10-021; Ex. PA-008. ↩
  89. Ex. SEC-10-029; Ex. SEC-10-031; N.Y. Dep't of Labor, Airborne Infectious Disease Exposure Prevention Standard and Model Plan (July 6, 2021) (Ex. NY-129; Ex. NY-130); 12 NYCRR Part 840 (emergency rule of Aug. 5, 2021) (Ex. NY-136). ↩
  90. Ex. SEC-20-047. ↩
  91. Oregon State Fair Council, The 2020 Oregon State Fair is canceled (May 7, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-071); Ohio Expositions Commission, The 2020 Ohio State Fair has been canceled (May 21, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-074); Minnesota State Fair, 2020 State Fair Canceled (announced late May 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-073); Iowa State Fair Board, The 2020 Iowa State Fair has been postponed until 2021 (June 2020; fair dates Aug. 13-23, 2020 cancelled) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-075); Kansas State Fair Board cancellation announcement (Aug. 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-072); N.C. State Fair canceled for 2020 (July 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-076); Missouri State Fair Commission, 2020 schedule of cancellations (gate admission, carnival, grandstand, arena, free entertainment, special contests, exhibitor admission and the Governor's Ham Breakfast cancelled; youth-in-agriculture livestock competitions retained) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-077); Pennsylvania Farm Show, 2021 virtual show announcement (Aug. 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-078). Each of these exhibits is the fair authority's announcement of its cancellation, cited as evidence of the cancellation and not as an order; the orders that closed the fairs are the States' gathering prohibitions cited in the fifty-State table (the Oregon State Fair Council recited the Governor's announcement of May 7, 2020 that mass gatherings were prohibited through September). ↩
  92. The standing-duty layer is drawn from the Library's Duties series (the DUT- exhibit series, one file for each State and the District and one for the federal layer): fifty-two files of standing statutes, rules, offense provisions, workplace-safety duties, sanitary codes, liability shields and their enforcement, each graded and cross-referenced to the emergency orders already cited. The Texas file is Ex. DUT-TX-001 through Ex. DUT-TX-021 (the statutory-duty, penalty, enabling, sanitary-code and shield records are DUT-TX-001 through DUT-TX-019; Ex. DUT-TX-020 is the DSHS checklist, recorded as a recommendation, and DUT-TX-021 an adjudication) and the federal general duty clause is Ex. DUT-FED-001; the other States' exhibits are cited in the notes that follow. An instrument written in "should" or "encouraged" is recorded as a recommendation and is treated as compulsory only through the instrument that incorporated it, which this subsection names; an enabling statute that confers a power or gives orders the force of law is cited as the source of the orders' force and not as a duty on the employer; a judicial decision is cited as an adjudication. The fifty-one-jurisdiction table (control statute and penalty; order-violation offense; workplace-safety duty and COVID-19 workplace rule; liability shield and its condition; operating-condition clause) is at Nothing Was Voluntary. ↩
  93. Proclamation 20-57 (May 28, 2020) (Ex. SEC-20-031); Governor of Washington, Proclamation 20-25.6, Safe Start Washington (July 7, 2020), employer clauses (Ex. WA-040); Wash. Admin. Code § 296-800-14035, emergency rule adopted May 26, 2020 and readopted through September 20, 2021 (Ex. AGY-ST-LABOR-WORKPLACE-078); RCW 43.06.220(5) (willful violation of a gubernatorial order a gross misdemeanor) (Ex. LAW-340); RCW 38.52.150(2) (Ex. DUT-WA-009); Slidewaters LLC v. Washington State Department of Labor & Industries, No. 20-35634 (9th Cir. July 8, 2021) (slip op.) (Ex. DUT-WA-020) (the rule "creates an enforcement mechanism for the proclamations' restrictions on businesses"), cited as an adjudication. ↩
  94. Executive Order GA-28 (June 26, 2020) (Ex. TX-021); Executive Order GA-29 (July 2, 2020) (Ex. TX-022); Executive Order GA-32 (Oct. 7, 2020) ("Every business establishment in Texas shall operate at no more than 75 percent of the total listed occupancy of the establishment," with the 50 percent rollback in areas with high hospitalizations) (Ex. TX-025); GA-28, ¶ 1(a) ("There is no occupancy limit for the following: a. any services listed by the U.S. Department of Homeland Security's Cybersecurity and Infrastructure Security Agency (CISA) in its Guidance on the Essential Critical Infrastructure Workforce, Version 3.1 or any subsequent version"), and GA-32, ¶ 1(a), to the same effect; GA-29's operative clause ("Every person in Texas shall wear a face covering over the nose and mouth when inside a commercial entity or other building or space open to the public"), in force July 3, 2020 to March 10, 2021 (Ex. TX-022; Ex. TX-029); Tex. Gov't Code § 418.012 (executive orders "have the force and effect of law") (Ex. DUT-TX-010); Tex. Gov't Code § 418.173 (Ex. DUT-TX-012), recited in each order. The DSHS minimum standard health protocols describe themselves as "the minimum recommended health protocols for all businesses choosing to operate in Texas" that "everyone should rigorously follow" (Ex. DUT-TX-020; Ex. TX-011); from March 10, 2021 Executive Order GA-34 made them "strongly encouraged" (Ex. TX-029); each is recorded as a recommendation. The orders themselves carried the protocols in "should" (GA-28, ¶ 14; GA-32, ¶ 12: every person "should use good-faith efforts and available resources to follow the minimum standard health protocols recommended by DSHS"), so the orders did not make the protocols compulsory; the compulsion is Tex. Lab. Code § 411.103 (Ex. DUT-TX-013), 29 U.S.C. § 654(a)(1) (Ex. DUT-FED-001) and, from June 14, 2021, Tex. Civ. Prac. & Rem. Code § 148.003(a)(1)(B) (Ex. DUT-TX-015), each discussed below. State v. El Paso County, No. 08-20-00226-CV (Tex. App.—El Paso Nov. 13, 2020), at 12 (Ex. TX-047) (GA-32's "declarations regarding occupancy, the size of group meetings, activities that person may engage in, and the conduct of business ... become state law"), cited as an adjudication. ↩
  95. Order of the State Public Health Officer (May 7, 2020), ¶¶ 2-3 (sectors "may reopen with certain modifications"; Californians engaging with them "must, when they do so, continue at all times to practice physical distancing") (Ex. CA-015); Cal. Code Regs. tit. 8, §§ 3205 to 3205.4 (COVID-19 Prevention Emergency Temporary Standards), effective Nov. 30, 2020 (Ex. CA-023; Ex. SEC-10-041), readopted with revisions effective June 17, 2021 (Ex. CA-024); § 3205.3 (employer-provided housing) and § 3205.4 (employer-provided transportation) are applied in the quarters and functions sections. Cal. Gov't Code § 8665 (violation of an order under the Emergency Services Act a misdemeanor punishable by a fine of $1,000 or six months) (Ex. DUT-CA-007); Cal. Health & Safety Code § 120275 (Ex. DUT-CA-003). The State's industry guidance was mandatory through the Public Health Officer orders' "modifications" clause until June 15, 2021, when the Beyond the Blueprint order of June 11, 2021 took effect and provided that the industry guidance "will not be mandatory" (Ex. DUT-CA-014; Ex. CA-029, ¶¶ 4, 6); after that date the compulsion in California rests on the Cal/OSHA standard and the Labor Code. ↩
  96. Ohio: Director's Updated and Revised Order for Business Guidance and Social Distancing (May 29, 2020), ¶ 2 (Ex. OH-025), in force to April 5, 2021; Director's Stay Safe Ohio Order (Apr. 30, 2020), ¶ 8 (Ex. OH-019); Director's Order for Retail and Business Compliance for Facial Coverings (Nov. 16, 2020) (Ex. OH-037), to June 2, 2021; the sector checklists incorporated by those orders list "Mandatory" items (six-foot distancing, daily symptom assessment, face coverings, a maximum capacity) apart from "Recommended Best Practices" (Ex. DUT-OH-018; Ex. DUT-OH-019), and the recommended items are recorded as recommendations; R.C. 3701.352 and 3701.99(C) (Ex. DUT-OH-004; Ex. DUT-OH-005) applied to each of these orders of their own force as orders issued "under this chapter," and the Director's Orders recited both sections and the penalty from April 2, 2020 (Ex. OH-014, ¶¶ 17-18; Ex. OH-019, ¶ 18; Ex. OH-020, ¶¶ 7-8; Ex. OH-034, ¶ 3). Arizona: Executive Order 2020-36 (May 12, 2020), ¶ 5 (Ex. AZ-019); Executive Order 2020-40 (June 17, 2020), ¶ 3 (Ex. AZ-020); Office of the Governor, Requirements for Businesses (June 17, 2020) (Ex. DUT-AZ-013); Executive Order 2021-06 (Mar. 25, 2021) (Ex. AZ-037) converted the requirements to recommendations, after which the compulsion in Arizona rests on the statutes and the shield discussed below. Indiana: Executive Order 20-26 (May 1, 2020), ¶ 4 (Ex. IN-024); Executive Order 20-37 (July 24, 2020) (Ex. IN-035); Executive Order 20-48 (Nov. 13, 2020) (Ex. IN-046); each recites the Class B misdemeanor of Ind. Code 10-14-3-34 (Ex. DUT-IN-015). New York: Executive Order 202.6 (Mar. 18, 2020) (Ex. NY-003); Executive Order 202.31 (May 14, 2020) (Ex. NY-022); the New York Forward guidance distinguishes "must" from "should" and is treated as written (Ex. NY-131). Florida: Executive Order 20-123 (May 14, 2020), § 1.A (Ex. FL-027), enforceable under Fla. Stat. §§ 252.47 and 252.50 (Ex. DUT-FL-007; Ex. DUT-FL-008); Executive Order 20-139 (June 3, 2020), § 2 ("guidance and not enforceable under section 252.47") (Ex. FL-034), whose § 4 conditions remained enforceable; the § 2 clause is recorded as a recommendation. ↩
  97. Exec. Order No. 13917, § 1 (Ex. SEC-20-001) ("continue operations consistent with the guidance for their operations jointly issued by the CDC and OSHA"); CDC and OSHA, Meat and Poultry Processing Workers and Employers: Interim Guidance (Apr. 26, 2020) (Ex. SEC-20-002), written in "should" and recorded as a recommendation. The guidance became compulsory for this industry through the order, through OSHA's enforcement of section 5(a)(1) against the industry (below) and through the State orders that incorporated the CDC protocols as conditions of operating (see the fifty States above). Tri-State at 20-21 states the mechanism: the Proclamation "provided the guidance and procedures that the businesses were required to adhere to and follow to be compliant with the order." ↩
  98. Tex. Health & Safety Code § 81.002 (Acts 1989, 71st Leg., ch. 678, § 1) (Ex. DUT-TX-001). The Commissioner of the Department of State Health Services invoked the section in declaring a public health disaster on March 19, 2020; the Department's release records that the declaration "cites the requirement under Section 81.002 of the Texas Health and Safety Code that 'each person shall act responsibly to prevent and control communicable disease'" (Ex. DUT-TX-008). The release's own statement that businesses "should immediately undertake hygiene, cleanliness and sanitation practices" is recorded as a recommendation; the duty it invokes is the statute's. ↩
  99. Tex. Health & Safety Code §§ 81.081, 81.082 (Ex. DUT-TX-002); § 81.087 (Class B misdemeanor) (Ex. DUT-TX-006); § 81.085(h) (third-degree felony) (Ex. DUT-TX-005); Tex. Penal Code §§ 12.22, 12.34 (Ex. DUT-TX-019); Tex. Gov't Code § 418.173 (a fine to $1,000 or confinement to 180 days) (Ex. DUT-TX-012); Tex. Lab. Code § 411.103 (Ex. DUT-TX-013); Tex. Health & Safety Code § 341.011(3), (12) (Ex. DUT-TX-016); § 341.091 (misdemeanor; "[e]ach day of a continuing violation is a separate offense") (Ex. DUT-TX-017); §§ 437.002, 437.0145, 437.016 (emergency suspension or closing order where a violation "creates an immediate threat to the health and safety of the public") (Ex. DUT-TX-018); In re Abbott, 954 F.3d 772 (5th Cir. 2020) (Ex. DUT-TX-021), cited as an adjudication upholding the orders. ↩
  100. Ohio Rev. Code § 3701.81(C) (eff. Jan. 1, 1974) (Ex. DUT-OH-007); § 3701.352 (Ex. DUT-OH-004); § 3701.99(C) (second-degree misdemeanor) (Ex. DUT-OH-005); § 3701.56 (boards of health, police officers, sheriffs and other officers "shall enforce quarantine and isolation orders, and the rules the department of health adopts") (Ex. DUT-OH-006), cited as the machinery that made the orders compulsory; §§ 4101.11, 4101.12 (Ex. DUT-OH-013; Ex. DUT-OH-014); § 3717.49 (suspension of a food service operation license for "the documented failure to maintain sanitary conditions") (Ex. DUT-OH-015); §§ 3707.48, 3707.99(B) (Ex. DUT-OH-009; Ex. DUT-OH-010). The Director's Orders recited §§ 3701.352 and 3701.99(C) from April 2020 (Ex. OH-019, ¶ 18). ↩
  101. Ind. Code 16-20-1-25 (Ex. DUT-IN-003); Ind. Code 10-14-3-34 (2020) (Ex. DUT-IN-015), amended effective April 15, 2021 to a Class B infraction (Ex. DUT-IN-002), with a judgment to $1,000 (Ex. DUT-IN-017); Ind. Code 22-8-1.1-2 (Ex. DUT-IN-005); 410 IAC 1-2.5-77, -79 (control measures) (Ex. DUT-IN-007); Ind. Code 16-42-5 (food establishments; a person with a communicable disease may not work "in any capacity in which epidemiological evidence indicates the person may spread the disease") (Ex. DUT-IN-016); 620 IAC 1-1-1 (adoption of the federal standards) (Ex. DUT-IN-019). The Department of Labor's statement is its news release of September 16, 2022 as reproduced by a local broadcaster (Ex. DUT-IN-020), cited as the Department's own account of its enforcement; OSHA's monitoring reports record more than 6,200 complaints to IOSHA in fiscal 2020 and 3,157 complaint investigations in fiscal 2021 (Ex. DUT-IN-011; Ex. DUT-IN-010). ↩
  102. California: Cal. Health & Safety Code § 120175 (every health officer "shall take measures as may be necessary to prevent the spread of the disease") (Ex. DUT-CA-002), cited as the machinery that made the orders compulsory; § 120275 (Ex. DUT-CA-003); Cal. Gov't Code § 8665 (Ex. DUT-CA-007); Cal. Lab. Code §§ 6400, 6401, 6402 (Ex. DUT-CA-009); §§ 6423 to 6429 (misdemeanor and civil penalties) (Ex. DUT-CA-010); Cal. Code Regs. tit. 8, § 3203 (Ex. DUT-CA-011); Cal. Health & Safety Code § 114409 (food facility ordered "immediately closed" on an imminent health hazard) (Ex. DUT-CA-015); Kuciemba v. Victory Woodworks, Inc., 14 Cal. 5th 993 (2023) (Ex. DUT-CA-020) (employers "allowed to continue operations during this time were subject to strict regulations designed to limit transmission of the virus"), cited as an adjudication. Arizona: A.R.S. § 36-787 ("Law enforcement officials of this state and the national guard shall enforce orders issued by the governor") (Ex. DUT-AZ-001); § 36-624 (Ex. DUT-AZ-003); § 36-630 (class 3 misdemeanor) (Ex. DUT-AZ-004); § 26-317 (class 1 misdemeanor) (Ex. DUT-AZ-007); § 23-403 (Ex. DUT-AZ-008); § 23-418 (Ex. DUT-AZ-009); § 36-601(A)(3) (Ex. DUT-AZ-011); § 36-602(A) (Ex. DUT-AZ-012); Miller v. City of Scottsdale, No. 22-16004 (9th Cir. Dec. 8, 2023) (Ex. DUT-AZ-019) (arrest under § 26-317 upheld), cited as an adjudication. Florida: Fla. Stat. § 381.00315 (second-degree misdemeanor for violating "any requirement adopted by the department pursuant to a declared public health emergency") (Ex. DUT-FL-001); § 381.0011 (Ex. DUT-FL-002); § 252.47 (Ex. DUT-FL-007); § 252.50 (Ex. DUT-FL-008); §§ 386.01 to 386.051 (sanitary nuisances) (Ex. DUT-FL-009); § 509.261 (Ex. DUT-FL-011); Florida has no State general-duty statute for private employers, and the federal clause alone supplies the workplace duty there (Ex. DUT-FL-015). New York: N.Y. Pub. Health Law § 12 (civil penalty to $2,000 for every violation) (Ex. DUT-NY-001); § 12-b (misdemeanor) (Ex. DUT-NY-002); § 2100 (Ex. DUT-NY-007); N.Y. Labor Law § 200 (Ex. DUT-NY-013). Washington: RCW 70.05.070 (Ex. DUT-WA-001); RCW 70.05.120(4) (misdemeanor) (Ex. DUT-WA-002); WAC 246-100-036, -070 (Ex. DUT-WA-006); RCW 49.17.060 (Ex. DUT-WA-010); WAC 296-800-110 to -11045 (Ex. DUT-WA-011); WAC 296-800-140 to -14025 (Ex. DUT-WA-012); WAC 246-215-08455 (a permit holder "shall immediately discontinue operations" on an imminent health hazard) (Ex. DUT-WA-015). ↩
  103. WAC 246-101-425(1) (Ex. DUT-WA-007); N.Y. Labor Law § 218-b(4)(a), added by the NY HERO Act, L. 2021, ch. 105, as amended by L. 2021, ch. 142 (Ex. DUT-NY-014; Ex. DUT-NY-015; Ex. NY-082), with the model standards of July 6, 2021 (Ex. NY-129) and the Commissioner of Health's designation of September 6, 2021 (Ex. NY-127); see the sector regulators above. Washington's Department of Labor and Industries stated the duty in its directive to employers: "Employers who continue operations under the Order are required to maintain coronavirus prevention practices consistent with DOSH, OSHA and Department of Health guidance" (DOSH Directive 1.70 (May 15, 2020) (Ex. DUT-WA-017); July 7, 2021 version, Ex. DUT-WA-018); the directive is recorded as guidance incorporating the standing rules and is compulsory through WAC 296-800-14035 and the proclamations. ↩
  104. 29 U.S.C. § 654(a)(1)-(2) (Ex. DUT-FED-001); 29 U.S.C. § 666 (penalties) (Ex. LAW-481); 29 U.S.C. § 660(c) and 29 C.F.R. § 1977.12(b)(2) (protection of the employee who refuses in good faith to face the hazard) (Ex. DUT-FED-002; Ex. DUT-FED-008); 29 C.F.R. §§ 1910.132, 1910.134, 1910.141 (Ex. DUT-FED-003; Ex. DUT-FED-004; Ex. DUT-FED-005). Arizona, California, Indiana and Washington are State-plan States whose statutes quoted above enact the same duty; Florida, New York, Ohio and Texas are federal-OSHA States in which the federal clause applies of its own force beside the State safe-workplace statutes (Ex. DUT-FL-015; Ex. DUT-NY-017). ↩
  105. OSHA, Guidance on Preparing Workplaces for COVID-19, OSHA 3990-03 (Mar. 2020) (Ex. FED-088) (the guidance "creates no new legal obligations" and in the same passage states that the general duty clause "requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm"); OSHA, Interim Enforcement Response Plan for COVID-19 (Apr. 13, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-020); the September 2020 citations of the Sioux Falls and Greeley plants (Ex. AGY-FED-LABOR-IMMIGRATION-031; Ex. AGY-FED-LABOR-IMMIGRATION-095; Ex. LAW-487; Ex. LAW-488; Ex. DUT-FED-015; Ex. DUT-FED-016) (see the sector regulators above); OSHA, news release of Jan. 8, 2021 (citations from 300 inspections through December 31, 2020, with proposed penalties of $3,930,381) (Ex. DUT-FED-067); the National Emphasis Program of March 12, 2021 and its revision of July 7, 2021 (Ex. FED-082; Ex. FED-083); Secretary of Labor v. Murrell-Rosario, OSHRC Docket No. 21-0432 (ALJ June 6, 2022) (Ex. DUT-FED-073) (willful general-duty violation affirmed against a tax office), cited as an adjudication; AM 2023-007 (Ex. LAW-143) (section 654(a)(1) "requires each employer to furnish to each of his employees employment and a place of employment free from recognized hazards"). ↩
  106. Tex. Civ. Prac. & Rem. Code § 148.003(a)(1)(B), added by Act of June 14, 2021, 87th Leg., R.S., ch. 528 (S.B. 6), § 3, and applicable to every action commenced on or after March 13, 2020 (S.B. 6, § 5(a)) (Ex. DUT-TX-014; Ex. DUT-TX-015); Laws 2021, ch. 179 (S.B. 1377), §§ 1-2, A.R.S. §§ 12-515, 12-516 ("This act applies retroactively to from and after March 10, 2020") (Ex. DUT-AZ-010); Ch. 2021-1, § 1, Laws of Fla., Fla. Stat. § 768.38 (Mar. 29, 2021), applicable "retroactively and prospectively" (Ex. DUT-FL-012). ↩
  107. Ind. Code 34-30-32 (SEA 1 of 2021, Feb. 18, 2021; retroactive to causes accruing on or after March 1, 2020) (Ex. DUT-IN-006); Am. Sub. H.B. 606, 133rd Gen. Assemb. (Ohio), §§ 2(B), 2(E), 4 (applicable to conduct from March 9, 2020 through September 30, 2021) (Ex. DUT-OH-020); Cal. Evid. Code § 669 (Ex. DUT-CA-013); A.B. 1035 (Cal. 2019-2020 Reg. Sess.), which would have protected only a business that complied with State and local health laws and protocols and died in the Senate Judiciary Committee on Nov. 30, 2020 (Ex. DUT-CA-017), cited as legislative history and not as a source of any duty; N.Y. Pub. Health Law art. 30-D (health care facilities and professionals only) (Ex. DUT-NY-016), repealed by L. 2021, ch. 96 (Apr. 6, 2021) (Ex. DUT-NY-018); RCW 5.40.050 (Ex. DUT-WA-013). Ohio's shield is cited only for what its text says; the compulsion in Ohio is in the statutes and orders cited above. ↩
  108. Ex. MET-NYC-017; San Francisco Health Officer, Order No. C19-07y as updated Aug. 12, 2021 (Ex. MET-SFO-011); New Orleans Health Department, Guidelines of Aug. 16, 2021 (Ex. MET-MSY-029); King County Local Health Officer, Verification of Vaccination Order (Sept. 16, 2021; effective Oct. 25, 2021) (Ex. MET-SEA-001); Los Angeles County Health Officer, Responding Together: vaccination verification (Sept. 17, 2021; effective Oct. 7, 2021) (Ex. MET-LA-020). ↩
  109. Ex. ECO-B-105; Ex. ECO-B-106; Ex. ECO-B-073; Ex. ECO-B-074; Ex. ECO-B-016; Ex. ECO-B-018; Ex. ECO-B-019; Ex. ECO-B-025; Ex. ECO-B-034; Ex. ECO-B-028; Ex. ECO-B-049. ↩
  110. Ex. ECO-B-001; Ex. ECO-B-002; Ex. ECO-B-026; Ex. ECO-B-111; Ex. ECO-B-004; Ex. ECO-B-006; Ex. ECO-B-007; Ex. ECO-B-045; Ex. ECO-B-012; Ex. ECO-B-107; Ex. ECO-B-117; Ex. ECO-B-029; Ex. ECO-B-051; Ex. ECO-B-054; Ex. ECO-B-080; Ex. ECO-B-087; Ex. ECO-B-083; Ex. ECO-B-055; Ex. ECO-B-030; Ex. ECO-B-052; Ex. ECO-B-053; Ex. ECO-B-108; Ex. ECO-B-090. ↩
  111. Ex. ECO-A-020; Ex. ECO-A-040; Ex. FED-037; Ex. AGY-USCG-PORTS-035; Ex. AGY-USCG-PORTS-037 (Coast Guard bulletins; context, not orders); Ex. FED-020; U.S. Dep't of Agriculture, USDA Service Centers Open for Business by Phone Appointment Only (Mar. 23, 2020); the judicial emergency orders cited in the fifty-State and metro tables (for example Ex. VA-041; Ex. VT-057; Ex. MET-LA-062; Ex. MET-HOU-052). ↩
  112. Br. for Appellees at 41; CARES Act § 2301(c)(2)(A)(ii)(I), 134 Stat. 348 (Ex. LAW-001). ↩
  113. Ex. MI-011; Ex. MI-017; Ex. MI-026; Ex. PA-002; Ex. PA-003; Ex. PA-004; Ex. NY-002; Ex. NY-003; Ex. ECO-A-120; Ex. NJ-004; Ex. NJ-011; Ex. WA-016; Ex. WA-017; Ex. CA-002; Ex. CA-008; Ex. MET-SFO-001; Ex. IL-005; Ex. OH-011; Ex. MA-008; Ex. IN-006; Ex. WI-002; Ex. FED-394; Ex. ECO-A-122; Ex. ECO-A-123; Ex. ECO-A-124; Ex. ECO-A-125 (CISA guidance versions 1.0 through 4.0); Ontario O. Reg. 82/20 and Mexico's Acuerdos of Mar. 31 and Apr. 21, 2020 (Ex. FOR-005; Ex. FOR-007; Ex. FOR-008; facts and circumstances); Federal Reserve Board, The Beige Book (Apr. 15, 2020) (Ex. ECO-A-104) ("[e]conomic activity contracted sharply and abruptly across all regions in the United States"; Districts "reported widespread mandatory closures" and "supply chain disruptions"). ↩
  114. Ex. ECO-A-100 (FMC Fact Finding 29 final report); Port of Los Angeles container statistics (Ex. ECO-A-110; Ex. ECO-A-112); The White House, Fact Sheet on the Ports of Los Angeles and Long Beach (Oct. 13, 2021) (Ex. ECO-A-103); Ex. ECO-A-101. ↩
  115. Ex. FED-071; Ex. FED-074; Ex. ECO-A-062; Ex. ECO-A-069; Ex. ECO-A-070; Ex. ECO-A-071; Ex. ECO-A-064; Ex. ECO-A-066; Ex. ECO-A-067; Ex. ECO-A-068. ↩
  116. Ex. FED-200; Ex. FED-201; Ex. ECO-A-003; Ex. ECO-A-004; Ex. ECO-A-005; Ex. FED-207; Ex. FED-208; Ex. ECO-A-020; Ex. ECO-A-040; Ex. ECO-A-039; Ex. ECO-A-059 (the Oct. 21, 2021 notifications opening the land borders to vaccinated travelers from Nov. 8, 2021); the Canadian, European, Chinese and Japanese instruments in the Library's foreign file (facts and circumstances). ↩
  117. Ex. SEC-20-009; Ex. SEC-20-010; Ex. SEC-20-011; Ex. AGY-FED-LABOR-IMMIGRATION-011 (Proclamation 10149, Feb. 24, 2021); Ex. FED-037; Ex. FED-038. ↩
  118. Ex. SEC-20-018; Ex. ECO-A-080; Ex. ECO-A-081; Ex. ECO-A-082; Ex. SEC-20-020; Ex. SEC-20-022; Ex. SEC-20-001; U.S. House of Representatives, Select Subcommittee on the Coronavirus Crisis, Staff Report, Coronavirus Infections and Deaths Among Meatpacking Workers at Top Five Companies Were Nearly Three Times Higher Than Previous Estimates (Oct. 27, 2021) (Ex. SEC-20-023; Ex. ECO-A-085; cited as context: more than 59,000 infected workers and at least 269 deaths at five companies). ↩
  119. The Library's foreign file, cited as facts and circumstances in which the federal instruments operated: Canada's Order in Council P.C. 2020-0161 and the Public Health Agency of Canada's release of July 19, 2021 (Ex. FOR-001; Ex. FOR-004); Ontario O. Reg. 82/20 (Ex. FOR-005); Mexico's Acuerdos of Mar. 31 and Apr. 21, 2020 (Ex. FOR-007; Ex. FOR-008); Council Recommendation (EU) 2020/912 and the Council's release of Aug. 30, 2021 (Ex. FOR-012; Ex. FOR-014); China's announcement of Mar. 26, 2020 (Ex. FOR-022); Japan's border measures of Apr. 3, 2020 and its fourth state of emergency (Ex. FOR-025; Ex. FOR-027); Vietnam's 2021 lockdowns (Ex. FOR-033); the WTO's count of eighty export-restricting countries (Ex. FOR-037). See Ex. ECO-A-009 and Ex. FED-209 (Proclamation 10294, revocation effective Nov. 8, 2021). ↩