Skip to content
The COVID Project

The governmental orders by layer

The orders that reached this industry came from every layer of government and every class of authority the Suspension Clause names: the President and the federal agencies, the governors and State health officers, the secretaries of state and commissioners of motor vehicles, the county judges and health officers of the largest metros, the State occupational-safety and licensing agencies, the tribal and territorial governments, and the foreign governments whose plants and borders supply the industry. The Suspension Clause is section 2301(c)(2)(A)(ii)(I) of the CARES Act, re-enacted as section 3134(c)(2)(A)(ii)(I) of the Internal Revenue Code, and it is read element by element at The Law: the statute. This section inventories the orders by layer; the jurisdiction table on this page tabulates them. The face-covering orders that recur in this section and in the six quarters are described as what they were: workplace infection-prevention and exposure-control requirements, occupational-health and airborne-transmission controls that bound every indoor workplace of the industry, showrooms, service drives, lounges, parts counters and offices included. Where the instrument that required face coverings also compelled the screening of employees and customers, physical distancing and capacity limits, barriers, ventilation or cleaning, the isolation and exclusion of exposed workers or a written prevention plan, the passage names those companion controls; where it required face coverings alone, the passage says so, and the requirement stands as one of the airborne-transmission controls the authority imposed on every indoor workplace. Where the exhibit is an agency's release, notice or guidance rather than an order, this section cites it as the record of the measure the agency announced or of the regime it implemented, and cites the order itself where it reached the industry in terms; no such exhibit is treated as an order.

The universe

Between March 1 and May 31, 2020, forty-two States and territories issued mandatory stay-at-home orders covering 2,355 of the nation's 3,233 counties, and "most jurisdictions issued multiple orders."15 The Council of State Governments counted 2,065 executive orders issued by governors and State agencies between February and June 29, 2020; the Department of Health and Human Services' own dataset records 4,218 State and county policy-order entries between March 23, 2020 and August 31, 2021; and the COVID AMP database catalogued more than 20,000 policy measures at the United States national and State level, ninety-five percent of them issued before November 23, 2021, and approximately 8,000 issued by counties.16 The Bureau of Labor Statistics found that between July and September 2020 "19 percent of establishments (1.6 million) experienced a government-mandated closure" and "52 percent of establishments (4.4 million) told employees not to work."17 On July 2, 2021, thirty-five States had emergency declarations in force and nine had statewide face-covering requirements, airborne-transmission controls binding every indoor workplace; on September 21, 2021, twenty-five States had emergency declarations and eleven had statewide face-covering requirements, and Hawaii was "Imposing New Restrictions."18 The Library's count of indexed instruments, shown on this site's home page, is a count of what The COVID Project has retrieved and indexed, not of the orders issued nationally, which the sources above place in the tens of thousands.

The federal layer

2020

The President proclaimed a national emergency on March 13, 2020, the Secretary of Health and Human Services had determined a public health emergency on January 31, 2020 and renewed it without interruption, and the President's Stafford Act determination of March 13, 2020 reached every State, Tribe and territory.19 The Cybersecurity and Infrastructure Security Agency's advisory list of March 19, 2020 named "Automotive repair and maintenance facilities" and said nothing of sales; version 2.0 of March 28, 2020 added "Workers critical to the manufacturing, distribution, sales, rental, leasing, repair, and maintenance of vehicles and other transportation equipment" and "Department of Motor Vehicle (DMV) workers"; the list was advisory in its own terms and became an order only where a State incorporated it, as Texas, North Carolina, Georgia, Florida and Louisiana did, and the States with their own lists, Pennsylvania, Michigan, New Jersey, New York, Washington, Colorado, Nevada, Minnesota, Delaware, Rhode Island, Kentucky, Maine, Maryland, Massachusetts, New Mexico, Vermont, Hawaii and the counties of California, did not adopt the sales language.20 The Secretary of Homeland Security restricted the land borders with Canada and Mexico to essential travel from 11:59 p.m. March 20, 2020 and renewed the restriction every month through November 8, 2021; the President suspended entry from China from February 2, 2020, suspended immigrant entry from April 23, 2020 and H-1B, L-1, H-2B and J entry from June 24, 2020 to March 31, 2021; the Centers for Disease Control and Prevention suspended the introduction of certain persons at the land borders under Title 42 from March 20, 2020; the Department of State suspended routine visa services worldwide on March 20, 2020 and announced a phased resumption on July 14, 2020, effective July 15 (Ex. AGY-FED-LABOR-IMMIGRATION-061; Ex. FED-327); USCIS closed every field office from March 18 to June 3, 2020; and the Department of Homeland Security announced on March 20, 2020, by release, a deferral of the in-person inspection of Form I-9 documents, extended by successive announcements through the period and cited as the fact of the deferral.21 The Families First Coronavirus Response Act compelled every employer with fewer than 500 employees to pay leave from April 1 to December 31, 2020 to every employee under a quarantine order or caring for a child whose school an order had closed, under a Department of Labor rule effective April 2, 2020 and revised September 16, 2020.22 The Treasury and Customs and Border Protection postponed the deposit of estimated duties on March and April 2020 entries for importers whose operations were, in the rule's own words, "fully or partially suspended during March 2020 or April 2020 due to orders from a competent governmental authority limiting commerce, travel, or group meetings," which is the Suspension Clause's vocabulary applied by another federal agency to the importers of this industry's parts and vehicles.23 The Federal Maritime Commission opened Fact Finding Investigation No. 29 into the ocean supply chain on March 31, 2020 and supplemented it on November 19, 2020; the federal financial regulators issued their supervisory statements of March 13, 2020 (guidance to every lender, cited as the regime it announced) and, by interim final rule, deferred real-estate appraisals to December 31, 2020; the National Credit Union Administration extended its temporary regulatory relief to December 31, 2021; and the Treasury postponed the April 15, 2020 filing and payment deadlines to July 15, 2020.24 The Office of Management and Budget directed every federal agency to maximum telework on March 17, 2020 and kept that posture through June 10, 2021, which is the condition under which every governmental fleet customer of this industry bought and serviced vehicles.25

2021, first and second quarters

Executive Order 13991 (January 20, 2021) imposed workplace infection-prevention controls, masks and distancing, on federal employees, "on-site Federal contractors; and all persons in Federal buildings"; OMB Memorandum M-21-15 (January 24, 2021) capped every federal workplace at twenty-five percent of normal occupancy until June 10, 2021; Executive Order 13998 (January 21, 2021) directed the conveyance order, an airborne-transmission control on every conveyance and transportation hub, that the CDC signed January 29, 2021, published at 86 Fed. Reg. 8025 (Feb. 3, 2021) and made effective 11:59 p.m. February 1, 2021, under which "a person must wear a mask while boarding, disembarking, and traveling on any conveyance into or within the United States" and "at any transportation hub," enforced by TSA Security Directive SD 1582/84-21-01 from February 1 to May 11, 2021 and SD 1582/84-21-01A from May 12 to September 13, 2021, ratified by the Administrator on April 20, 2021; the CDC required a negative pre-departure test of every inbound air passenger from January 26, 2021; Proclamation 10143 (January 25, 2021) continued the entry suspensions for the Schengen Area, the United Kingdom, Ireland, Brazil and South Africa, Proclamation 10149 (February 24, 2021) revoked Proclamation 10014, Proclamation 10052 expired March 31, 2021, and Proclamation 10199 (April 30, 2021; effective May 4, 2021) suspended entry from India.26 The Federal Railroad Administration's Emergency Order No. 32 imposed face-mask controls, an airborne-transmission control, on every railroad operation from March 1, 2021; the Coast Guard's Marine Safety Information Bulletin 02-21 (February 1, 2021, Ex. AGY-USCG-PORTS-031; Change 1, March 22, 2021, Ex. AGY-USCG-PORTS-033; Change 2, June 11, 2021, Ex. AGY-USCG-PORTS-037), cited as the record of the regime and not as an order, announced the conditions the Captains of the Port imposed on every commercial vessel and seaport under 33 C.F.R. §§ 160.111 and 160.216 (Ex. LAW-308) and the CDC's conveyance order; the Department of Transportation's Order 2021-4-13 conditioned domestic air service from May 14 to September 30, 2021; OSHA's National Emphasis Program directed inspections to COVID-19 hazards from March 12, 2021; and the Secretary of Defense's conditions-based travel restrictions of March 15, 2021 governed every installation.27 The President ordered a review of "America's Supply Chains" on February 24, 2021, directing a 100-day report "identifying risks in the semiconductor manufacturing and advanced packaging supply chains"; the Commerce Department requested public comment on the semiconductor supply chain on March 15, 2021; and the 100-day review reported June 8, 2021.28

2021, third quarter

The third-quarter inventory below states the quarter in full: Executive Order 13991 and the Safer Federal Workforce Task Force's Model Safety Principles of July 29, 2021 governed every federal workplace and onsite contractor; the CDC conveyance order and TSA directives were in force on every day; the DHS land-border notifications of June 23, July 22, August 23 and September 22, 2021 continued the Canada and Mexico restrictions; Proclamations 9984, 10143 and 10199 suspended entry on every day; Executive Order 14042 (September 9, 2021) directed every agency to include the Task Force's safety clause in covered federal contracts from October 15, 2021, and the Director of OMB determined its terms on September 24, 2021; CISA reissued its advisory critical-infrastructure list as version 4.1 on August 10, 2021; the Commerce Department published its request for information on the semiconductor supply chain on September 24, 2021; and the Federal Reserve recorded the inventory collapse on July 14 and September 8, 2021.29

The fifty States

The industry's regime

In every State the industry was divided by the first order into a permitted half and a forbidden or conditioned half. Repair, maintenance and parts were essential everywhere because the federal advisory list said "Automotive repair and maintenance facilities" and the State lists copied it; the showroom, the test drive, the finance desk and the delivery were a different matter. In twenty-three States and the District of Columbia the sales function was closed to in-person traffic or confined to remote transactions and appointments; in the rest it stayed open only under distancing, occupancy, face-covering and sanitation conditions, the workplace infection-prevention and exposure-control requirements of the reopening orders; and in the largest counties of Texas, California and Pennsylvania local orders closed the showroom outright. A third layer reached every dealer in every State: the motor-vehicle agency, the county clerk and the tax office closed or went appointment-only in March 2020, so that the title and registration that completes every sale could be obtained only by mail, drop box, dealer portal or extended temporary tag. A fourth layer reached the inventory: Michigan and Pennsylvania closed the plants by order, Mexico suspended them by decree, and the borders closed to non-essential travel. The jurisdiction table on this page carries every jurisdiction with dates; this section states the regime by region.30

The Northeast

Pennsylvania closed every business "that is not a life sustaining business" on March 19, 2020, listing "Automobile Dealers No" and "Other Motor Vehicle Dealers No" beside "Automotive Repair and Maintenance Yes," told dealers on April 20 that they "were not permitted to continue physical operations" and might sell only online through the Department of Transportation's registration program, admitted in-person sales by appointment in yellow-phase counties from May 8, and held the industry under the green-phase, targeted-mitigation and winter orders until the mitigation order expired May 31, 2021; PennDOT closed every driver license and photo license center from March 16, 2020 and restored limited services county by county from May 15, 2020; Act 15 of 2020 permitted remote notarization from April 20, 2020.31 New Jersey permitted "Car dealerships, but only to provide auto maintenance and repair services" from 9:00 p.m. March 21, 2020, capped essential retail at fifty percent from April 10, admitted in-person sales at fifty percent from June 15, 2020, imposed worksite protocols on every employer from November 5, 2020, and lifted the general restrictions June 4, 2021 while P.L. 2021, c. 103 continued Executive Order 242, as clarified by Executive Order 243, to January 1, 2022, so that Executive Order 192's worksite requirements survived the quarter only as carried by those orders (Ex. NJ-050; Ex. NJ-051; Ex. NJ-053); the Motor Vehicle Commission closed every agency, road test and inspection facility from March 16 to July 7, 2020 and extended every expiration.32 New York reduced in-person workforces by fifty, seventy-five and one hundred percent on March 20, 21 and 22, 2020, cancelled every in-person motor-vehicle appointment on March 20, permitted only "automotive repair" and then, from April 17, "automotive sales conducted remotely or electronically, with in-person vehicle return and delivery by appointment only," reopened showrooms in Phase 2 by region from May 29, 2020 under the Vehicle Sales, Leases and Rentals guidelines, held the industry under the cluster-zone and capacity regime through the winter, ended the percentage caps May 19, 2021 and the executive orders June 25, 2021, and kept the county motor-vehicle offices appointment-only until May 17, 2021.33 Connecticut reduced in-person workforces "by 100%" from 8:00 p.m. March 23, 2020, its Department of Economic and Community Development confined dealer sales to appointments, its Department of Motor Vehicles closed March 17, 2020 and extended every registration, and its Phase 1, Phase 2 and Phase 2.1 sector rules governed every showroom from May 20, 2020 to May 20, 2021.34 Rhode Island closed non-critical retail from March 30, 2020 and its Department of Business Regulation listed dealerships as non-critical "except for auto repair and by appointment only," reopened them in Phase I from May 9, paused again from November 30, 2020 and lifted its capacity rules May 21, 2021, with the safe-activities regulation in force to August 31, 2021.35 Massachusetts closed every workplace not providing essential services from noon March 24, 2020, reopened retail for curbside pickup from May 25 and in-store from June 8, 2020 (Phase II), cut capacity to twenty-five percent from December 26, 2020 and rescinded its orders May 29, 2021; the Registry of Motor Vehicles took no walk-in customers and the General Court authorized remote notarization from April 23, 2020 to December 15, 2021.36 New Hampshire named "Automotive sales, repair and maintenance facilities" essential from March 27, 2020 and bound them to the Universal Guidelines for every employer from May 1, 2020 to May 7, 2021 and, from November 20, 2020, to the statewide face-covering order, an airborne-transmission control on every indoor space.37 Vermont ordered work from home on March 23, closed non-critical businesses on March 24 under the Agency of Commerce's critical list, closed the Department of Motor Vehicles on March 19, 2020, restarted retail through the addenda of April 17 to May 15, 2020, re-tightened from 10:00 p.m. November 14, 2020 and ended its emergency June 15, 2021.38 Maine closed the businesses outside its essential list from March 25, 2020 with "Vehicle Travel" restricted from April 2, restored "Auto Dealership Sales" in Stage 1 on May 1, 2020 under mandatory prevention checklists, extended dealer plates by Executive Order 4 of July 22, 2020 and registration requirements by Executive Order 15 of October 19, 2020, required face coverings in every indoor space from May 1, 2020 (Ex. ME-021), regardless of distance from November 4, 2020 (Ex. ME-042), to May 24, 2021 (Ex. ME-058), an airborne-transmission control that ran beside the prevention checklists, and scheduled the expiration of its transition provisions through September 30, 2021 by Executive Order 40 of June 30, 2021; the Bureau of Motor Vehicles closed March 17, 2020.39 Delaware closed vehicle sales except repair and parts from 8:00 a.m. March 24, 2020, permitted sales "only by appointment with no more than two appointments per half hour" from April 7, reopened at thirty percent in Phase 1 on June 1, 2020, re-tightened from December 14, 2020, lifted its restrictions May 21, 2021 and terminated the emergency July 13, 2021 while declaring a public health emergency on July 12; the Division of Motor Vehicles changed its operations March 16, 2020.40

The South

The District of Columbia closed non-essential businesses on March 24, 2020, ordered residents home April 1, permitted curbside retail May 29 and in-store retail June 22, 2020, paused from December 23, 2020, lifted its restrictions May 21, 2021, and kept its Department of Motor Vehicles appointment-only from June 23, 2020 to July 19-20, 2021 before reinstating universal indoor face coverings, an exposure-control requirement on every business, from July 31, 2021.41 Maryland closed the businesses outside its essential list March 23, 2020, listing supply and repair as essential and sales as not, ordered residents home March 30, reopened retail at fifty percent May 15, required face coverings in every indoor space from July 31, 2020 (an airborne-transmission control added to the capacity and distancing conditions of its reopening orders), re-tightened November 20, 2020, lifted most capacity limits March 12, 2021 (Ex. MD-026), ended venue caps and the general indoor face-covering order at 12:01 a.m. May 15, 2021 (Ex. MD-095; Ex. MD-030), terminated its residual orders July 1 and fourteen orders and the emergency itself at 11:59 p.m. August 15, 2021 (Ex. MD-031; Ex. MD-073), and authorized remote notarization from March 30, 2020 to August 15, 2021.42 Virginia capped every retail establishment, dealerships included, at ten patrons from 11:59 p.m. March 24, 2020, ordered residents home March 30, reopened at fifty percent in Phase One on May 15, 2020, adopted the nation's first workplace standard on July 27, 2020 and made it permanent January 27, 2021, re-tightened December 14, 2020, and lifted its general restrictions May 28, 2021; its Department of Motor Vehicles closed March 18 to May 18, 2020.43 North Carolina incorporated the federal list on March 30, 2020, capped retail at twenty percent of fire capacity from April 13, listed "vehicle dealerships" at fifty percent in Phase 1 from May 8, 2020, required face coverings in every business from June 26, 2020, an airborne-transmission control added to its capacity conditions, imposed a modified stay-at-home order from December 11, 2020 to February 2021, lifted its restrictions May 14, 2021, extended dealer plates and manufacturer and distributor licenses by the COVID-19 Recovery Act of May 4, 2020, and issued Executive Order 224 on July 29, 2021.44 Georgia ordered residents home April 3, 2020 under an order incorporating the federal list, reopened retail with measures from April 27 and May 1, 2020, ended its gathering ban and shelter-in-place April 8, 2021 (Ex. GA-034) while keeping mandatory measures on restaurants, bars, event facilities and every Organization through June 30 (Ex. GA-035; Ex. GA-038; Ex. GA-040), ended its public health emergency July 1, 2021, declared an Economic Recovery State of Emergency from June 30, 2021 with regulatory suspensions, and permitted remote notarization from April 9, 2020.45 Florida named dealerships essential under its Safer at Home order of April 3, 2020, reopened at twenty-five percent in Phase 1 on May 4, moved to Phase 3 on September 25, 2020, suspended every local mandate May 3, 2021 and enacted SB 2006 effective July 1, 2021; its motor-vehicle department extended every expiring license and registration.46 Texas incorporated the federal list on April 2, 2020, but Denton County ordered that "showrooms must remain closed" with online sales only from March 31 to April 30, 2020, Dallas County confined dealerships to "in-person mechanical services or to complete" online sales until April 23, and Bexar County named "car dealerships" essential from March 24; the State reopened retail at twenty-five percent May 1, capped occupancy under GA-28 from June 26, required face coverings in every business from July 3, 2020, an airborne-transmission control added to GA-28's occupancy conditions, rolled occupancy back to fifty percent in eighteen Trauma Service Areas under GA-32 from October 14, 2020, rescinded every operating limit by GA-34, issued March 2, 2021 and effective March 10, 2021, and ended the title and registration waiver announced March 16, 2020 on April 14, 2021; the Department of Public Safety closed every driver license office and the Department of Motor Vehicles every regional office on March 19, 2020, and the Governor suspended the in-person notarization statutes from April 8, 2020 for the duration of the disaster.47 Louisiana closed under its stay-at-home order from March 23, 2020, reopened at twenty-five percent in Phase 1 on May 15, required face coverings in every indoor space from July 13, 2020, an airborne-transmission control beside its Phase 2 capacity conditions, held Modified Phase 2 from November 25, 2020, lifted its capacity rules May 26, 2021 and reinstated statewide indoor face coverings, an airborne-transmission control on every indoor workplace, from August 4, 2021; the Office of Motor Vehicles closed every location in March 2020.48 Tennessee named "automobile supplies (including dealers ...)" essential under its stay-at-home order of March 31, 2020, reopened at fifty percent April 29, extended every driver license by Executive Order 15 of March 19, 2020, delegated face-covering orders to the counties from July 3, 2020, ended its general restrictions January 31, 2021 and declared a limited emergency July 30, 2021.49 Kentucky closed in-person retail from 8:00 p.m. March 23, 2020, reopened dealerships on May 11, 2020 under the Healthy at Work requirements (Ex. KY-017) and, from June 11, 2020, under Version 2.0 of the Requirements for Vehicle and Boat Dealerships, which provided that "In no case should a showroom exceed 25% of its designated maximum occupancy" (Ex. SEC-08-010), required face coverings in every public setting from July 10, 2020, an airborne-transmission control added to the Healthy at Work requirements, re-tightened November 20, 2020, rescinded the Healthy at Work regime June 11, 2021 by Executive Order 2021-386 (Ex. KY-049), and required face coverings in every school from August 10, 2021; the Fayette County Clerk closed March 27, 2020 and remained closed to the public until at least July 6, 2020.50 Alabama named "automotive sales and repair" essential under its stay-at-home order of April 4, 2020, reopened retail at fifty percent April 30, required face coverings in every public space from July 16, 2020, an airborne-transmission control added to the Safer at Home conditions, kept its employer code to April 9, 2021 and declared a new emergency August 13, 2021; the Law Enforcement Agency closed every driver license office.51 Mississippi named "automotive sales and repair" essential under its shelter-in-place order of April 3, 2020 and reopened at fifty percent April 27, with remote notarization from April 6, 2020 for the duration of the emergency.52 Arkansas closed by directive from March 20, 2020, required face coverings statewide from July 20, 2020 to March 31, 2021, one of the airborne-transmission controls the Department of Health's directives laid on every business, and declared a new emergency from July 29 to September 27, 2021.53 South Carolina ordered residents home or to work from April 7 to May 4, 2020, its Department of Motor Vehicles took customers by appointment only and extended every credential, and its trial-court order ran to August 27, 2021.54 Oklahoma listed NAICS 441 as essential on April 1, 2020 while closing every other business statewide to April 24, and ended its emergency May 4, 2021.55 West Virginia ordered residents home from 8:00 p.m. March 24, 2020, reopened retail May 21, required face coverings in every indoor space from July 7, 2020 (Ex. WV-041), an airborne-transmission control that carried a business enforcement duty from November 14, 2020 (Ex. WV-051), to June 20, 2021 (Ex. WV-066), terminated its orders April 20, 2021 and suspended the vehicle-inspection deadline from March 19, 2020 to October 1, 2021.56

The Midwest

Illinois ordered residents home from 5:00 p.m. March 21, 2020, permitted repair as essential and sales by remote transaction and appointment, closed every Secretary of State facility from March 17 to June 1, 2020 and again from November 17, 2020 to January 5, 2021, suspended every expiration from March 17, 2020, reopened in Phase 3 on May 29 and Phase 4 on June 26, 2020, imposed Tier 3 mitigations from November 20, 2020, moved to Phase 5 on June 11, 2021 and reinstated universal indoor face coverings, an airborne-transmission control on every indoor space, from August 30, 2021.57 Indiana ordered residents home from 11:59 p.m. March 24, 2020, permitted "auto sales" as retail from April 6, closed every Bureau of Motor Vehicles branch from March 24 and reopened them by appointment from May 11, 2020, reopened in Stage 2 on May 4, required face coverings statewide from July 27, 2020, an airborne-transmission control on every indoor public space, imposed county-based measures from November 15, 2020, lifted them April 6, 2021 and continued limited provisions from July 1, 2021.58 Ohio named "automobile supplies (including dealers ...)" essential under its stay-at-home order of March 23, 2020, closed 181 Bureau of Motor Vehicles deputy registrar locations from March 19, extended every expiration by H.B. 197 of March 27, 2020, reopened retail May 12, required face coverings in every business from July 23, 2020 and, from November 16, 2020, placed on every retailer an enforcement duty toward its customers, exposure-control requirements carried beside the Stay Safe Ohio conditions, and rescinded its orders June 2, 2021.59 Michigan barred in-person work not necessary to sustain life from 12:01 a.m. March 24, 2020, closed every showroom "to in-person traffic" from April 9, closed every Secretary of State branch from March 24, closed every non-critical manufacturing plant until May 11, 2020, admitted customers "only by appointment" from May 26 and generally from June 1, 2020, bound every workplace to safeguards from May 18, 2020 and to MIOSHA's emergency rules from October 14, 2020, paused under the Department of Health and Human Services' orders from November 18, 2020, and rescinded the gatherings and face-covering orders effective June 22, 2021; the Legislature extended every registration and license to September 30, 2020 and enacted the COVID-19 Employment Rights Act.60 Minnesota ordered residents home from 11:59 p.m. March 27, 2020, permitting "Automobile sales that are necessary to allow for essential travel, when conducted by appointment," extended the rule to RVs, motorcycles and ATVs on April 8 and to snowmobile and watercraft "sales facilities, and showrooms by appointment only" on April 18, closed every Driver and Vehicle Services exam station and driver's license agent office until May 4, 2020, reopened retail at fifty percent May 18, required a preparedness plan of every business from April 30, required face coverings statewide from July 25, 2020, an airborne-transmission control added to the preparedness-plan requirement, dialed back from November 20, 2020, ended its telework mandate at 11:59 p.m. April 14, 2021 (Ex. MN-037 ¶ 7.a.i), its general face-covering requirement May 14 (Ex. MN-039), its capacity and gathering limits at 11:59 p.m. May 27, 2021 (Ex. MN-038 ¶ 2), its all-business Preparedness Plan requirement June 30 (Ex. MN-038 ¶ 3) and its peacetime emergency at 11:59 p.m. July 1, 2021 (Ex. MN-041).61 Wisconsin named "auto and motorcycle supply, repair and sales" essential under Safer at Home from March 25, 2020, closed its Division of Motor Vehicles service centers on March 20 and reopened them by appointment only on March 23 with sixty-day extensions, lost its order to Wisconsin Legislature v. Palm on May 13, 2020, required face coverings statewide from August 1, 2020 to March 31, 2021 by the Governor's successive Emergency Orders #1, an airborne-transmission control that stood alone after Palm, and kept its court accommodations through the period.62 Iowa closed by proclamation from March 17, 2020, reopened at fifty percent in seventy-seven counties on May 1 and statewide May 15, required remote work where feasible from November 11 and face coverings from November 17, 2020, exposure-control requirements laid on every employer and every gathering, and ended its face-covering, seated-service, gathering, telework and surgery mandates at 11:59 p.m. February 6, 2021 (Ex. IA-035), while its Proclamation of Disaster Emergency, renewed monthly, ran through September 30, 2021 and to February 15, 2022 (Ex. IA-039; Ex. IA-040; Ex. IA-041).63 Kansas ordered residents home from March 30, 2020 under a list that permitted businesses that "sell ... automobiles," extended every driver's license by Executive Order 20-12, ended the stay-home order May 4 and the emergency proclamation's business rules May 26, 2020, required face coverings in every business and public space from July 3, 2020 to March 31, 2021, an airborne-transmission control on every indoor workplace, and kept a travel quarantine through September 2021.64 Missouri ordered residents home from April 6 to May 3, 2020 while St. Louis County had closed from March 23, 2020 and re-tightened under Safer At Home from November 17, 2020, and the State's emergency ran to August 27, 2021.65 Nebraska imposed directed health measures from March 19, 2020 to May 24, 2021 and waived title, registration and driver-license requirements from March 19 to August 31, 2020, with county treasurers' offices closed.66 North Dakota closed businesses from March 20, 2020, quarantined every entrant from March 28 to September 21, 2020 (Order 2020-02, restated April 8 by Order 2020-02.1, Ex. ND-021; revoked by Ex. ND-056), required face coverings in every business and indoor public space from November 14, 2020 to January 18, 2021, one of the airborne-transmission controls the State Health Officer laid on every business, and ended its emergency April 30, 2021.67 South Dakota bound every enclosed retail business by its order of April 6, 2020 and its Back to Normal Plan of April 28, 2020, with the judicial emergency continuing through the period.68

The West

California ordered every resident home on March 19, 2020 under a list that named repair and not sales, its county health officers in the Bay Area, Los Angeles, Sacramento and Placer permitted "automotive dealerships, but only for the purpose of providing auto-supply and auto-repair services" with online purchases delivered to a residence, its Department of Motor Vehicles closed every field office from March 27 to May 8 and June 11, 2020, its Secretary of State closed the Sacramento counters March 20, 2020, the State reopened retail in Stage 2 from May 8 and under the Blueprint tiers from August 31, 2020, required face coverings in every indoor space from June 18, 2020 under the Department of Public Health's guidance, made mandatory by the State Public Health Officer's orders as an airborne-transmission control beside the reopening orders' industry-guidance conditions, imposed the Regional Stay at Home Order from December 5, 2020 to January 25, 2021, held "Automobile Dealerships, Auto Repair" at twenty percent in Los Angeles County from December 30, 2020 and "automobile dealerships" at fifty percent in the Red Tier from March 15, 2021, bound every workplace to Cal/OSHA's emergency standard from November 30, 2020, readopted June 17, 2021, and ended its general restrictions June 15, 2021; its Department of Consumer Affairs waived license renewals for Division 3 licensees through October 31, 2021.69 Colorado cut every non-essential in-person workforce by fifty percent from March 24, 2020, ordered residents home and closed non-essential in-person retail from 6:00 a.m. March 26, permitted from April 2 only "automobile online sales with no touch delivery service" and dealership repair "but not in person retail sales," permitted curbside retail from April 27 and in-person retail at fifty percent from May 1, 2020, authorized emergency motor-vehicle rules on March 25, 2020, required face coverings statewide from July 17, 2020, an airborne-transmission control beside the Safer at Home conditions, adopted the Dial from September 15, moved to Level Red from November 20, 2020, lifted its restrictions April 16, 2021 and continued limited orders from July 1 and September 1, 2021.70 Nevada closed every business outside its essential list from 11:59 p.m. March 20, 2020, provided that "auto showrooms are to remain closed through the duration of the Declaration of Emergency," closed the showrooms of the businesses it had designated essential on April 8, ordered residents home April 1, reopened dealers on May 9 "on a limited basis" at fifty percent of fire-code capacity with household-only test drives, required face coverings in every public space from 11:59 p.m. June 25, 2020 (Ex. NV-019), an airborne-transmission control added to the Phase Two capacity conditions, paused at twenty-five percent from November 24, 2020, ended statewide distancing April 30 and capacity June 1, 2021, and required face coverings of every person indoors in Clark and Washoe Counties from July 30, 2021, enforced in every workplace by Nevada OSHA; the Department of Motor Vehicles closed March 16, 2020 and reopened by appointment only from June 15, with credential extensions to November 12, 2020 (Ex. NV-006; Ex. NV-027; the AAMVA table records March 17, Ex. SEC-08-004).71 Washington closed every business outside its essential list from midnight March 25, 2020, permitting repair and maintenance only, restored "vehicle and vessel sales" as a Phase 1 activity from May 4-5, 2020, extended every license from April 3, 2020, made the proclamations workplace law by emergency rule from May 26, 2020, rolled back to twenty-five percent from November 17, 2020, held the Roadmap to Recovery framework to June 30, 2021, moved to Washington Ready July 1, 2021 and reinstated universal indoor face coverings, an exposure-control requirement made a workplace rule by its emergency rule, from August 23, 2021; the Department of Licensing closed March 31, 2020.72 Oregon closed specified retail and prohibited office work where telework was available from March 23, 2020, held dealers under the county "Risk and Protection Framework" from December 3, 2020 to June 30, 2021, required face coverings in every indoor space from August 13, 2021, a rule Oregon OSHA made a workplace requirement the same day, and kept its Department of Motor Vehicles offices closed from March 18, 2020 and lobby-limited to June 30, 2021.73 New Mexico closed every business outside its essential list from 8:00 a.m. March 24, 2020, permitting "automobile repair facilities" and closing sales, closed every Motor Vehicle Division office, reopened retail at twenty-five percent from May 16, 2020 under the workplace infection-prevention and exposure-control requirements of its reopening order, universal face coverings and COVID-safe practices among them, reset for two weeks from November 16, 2020, adopted the Red-Yellow-Green framework from December 2, 2020, ended the framework July 1, 2021 and reinstated universal indoor face coverings, an airborne-transmission control on every indoor space, from August 20, 2021.74 Arizona prohibited the closure of essential services on March 23, 2020, ordered residents home from March 31 to May 15, 2020, announced on March 20, 2020 that from March 23 its Motor Vehicle Division offices would serve customers by appointment only, paused from June 29, 2020, imposed the Department of Health Services' phased-reopening measure from August 10, 2020, lifted occupancy limits March 5 and converted its business requirements to recommendations March 25, 2021, and rescinded its orders in steps ending September 29, 2021; Maricopa County required face coverings in every business from June 20, 2020, an exposure-control requirement laid on every business.75 Utah issued its Stay Safe, Stay Home directive March 27, 2020, suspended the vehicle-registration statutes from April 30 to May 15, 2020, bound every business to the Phased Guidelines from May 1, 2020 (Ex. UT-012; Version 4.1, Ex. UT-013), required face coverings of every person in every indoor business and of every employee from November 9, 2020 to April 9, 2021 (Ex. UT-029; Ex. UT-039), an exposure-control requirement laid on every business, and ended the remaining general orders May 4, 2021 under HB 294 (Ex. UT-040) by State Public Health Order 2021-11, which kept the school face-mask and Test to Play requirements to June 15, 2021 (Ex. UT-043), while the Department of Health's own emergency (Ex. UT-025) and the courts' orders ran through the third quarter of 2021 (Ex. UT-050; Ex. UT-051; Ex. UT-052; Ex. UT-053).76 Hawaii ordered every resident to stay home and work from home from March 25, 2020, permitting repair only, quarantined every arriving traveler from March 26, 2020 through the period, permitted "car dealerships" to reopen statewide from May 7, 2020, required face coverings in every indoor space from November 16, 2020, an airborne-transmission control carried in every successor proclamation, and on August 5, 2021 required every State and county employee to attest to vaccination or test weekly; Honolulu permitted online automobile sales from April 3, 2020, appointment-only dealerships from April 30, and held "New and used car and truck dealerships" under the tier and Safe Access conditions from September 24, 2020 through September 30, 2021 and beyond.77 Idaho ordered residents to self-isolate from March 25, 2020, moved through its stages to Stage 4 on May 11, 2021 and required face coverings in its Ada County courtrooms from August 9, 2021; Montana closed under its stay-at-home directive from March 28, 2020, permitting supply and repair, reopened in Phase One April 27 and Phase Two June 1, 2020, required face coverings, an airborne-transmission control on every indoor business, from July 15, 2020 in every county with four or more active cases (Ex. MT-016) and statewide from November 20, 2020 to February 12, 2021 (Ex. MT-018; Ex. MT-021), and ended its emergency June 30, 2021; Wyoming's Public Health Orders #1 and #2 of March 19 and 20, 2020 closed specified businesses and capped gatherings, continued every two weeks until the business rules ended March 16, 2021 and the remaining rules May 31, 2021, with statewide face coverings, an airborne-transmission control on every indoor public place, from December 9, 2020 to March 15, 2021; Alaska closed the businesses outside its critical-workforce list from March 28, 2020 under an attachment that named repair and not sales, and reopened in Phase I on April 24, 2020.78

The winter re-tightening and the 2021 transition

Between November 4 and December 30, 2020, at least sixteen jurisdictions re-closed or re-capped the industry's showrooms, offices and service departments: New Mexico's two-week reset from November 16; Illinois's Tier 3 mitigations and the Secretary of State's second closure from November 17 and 20; Washington's rollback to twenty-five percent from November 17; Michigan's Department of Health and Human Services orders from November 18; Colorado's Level Red from November 20; Nevada's Statewide Pause at twenty-five percent from November 24; California's Regional Stay at Home Order from December 5 and Los Angeles County's twenty-percent order from December 30; Pennsylvania's limited-time targeted mitigation from December 12; Delaware's winter modification from December 14; Rhode Island's Pause from November 30; Maine's indoor cap of fifty and 9 p.m. closing from November 4 and 20 (Ex. ME-042; Ex. ME-082); Ohio's retail compliance order with its closure sanction from November 16 (Ex. OH-037); Kentucky's and Minnesota's orders from November 20 (Ex. KY-033; Ex. MN-032); the District's pause from December 23 (Ex. DC-015); and Massachusetts's twenty-five percent ceiling from December 26 (Ex. MA-040).79 The capacity and exposure-control regimes on showrooms and service departments then ended by State: Texas on March 10, 2021; Colorado on April 16; North Carolina on May 14; Connecticut on May 19-20; Virginia and Massachusetts on May 28-29; Pennsylvania on May 31; Nevada on June 1; Illinois and Kentucky on June 11; California and New York on June 15; Michigan on June 22; Washington, Oregon and Maine on June 30; and New Mexico on July 1, 2021. Hawaii's and Honolulu's conditions did not end within the period.80 Where a State preempted local orders (Texas from GA-14 and GA-18 and then GA-34, GA-36 and GA-38; Florida by the suspension of local mandates on May 3, 2021 and SB 2006; Arizona by Executive Order 2020-12 and its 2021 rescissions; Georgia by its Economic Recovery orders), the State's own instruments and the federal layer carried the 2021 quarters, and the State's own courts and emergency declarations remained.81

The largest metros

The local instruments

The local face-covering orders named in this section were exposure-control requirements laid on every business within the jurisdiction, enforced by fine or as a misdemeanor, and the passage names the companion duties (health and safety policies, quarantine and isolation, verification of vaccination) the same instruments carried. Denton County, Texas ordered that "showrooms must remain closed" with online sales only from March 31 to April 30, 2020; Dallas County confined dealerships to "in-person mechanical services or to complete" online sales from March 23 to April 23, 2020, and from August 11, 2021 required every commercial entity to adopt a health and safety policy with universal indoor face coverings, an exposure-control requirement enforced by fine; Tarrant County ordered residents home from April 21, 2020 and required every entity serving the public to adopt a health and safety policy from June 26, 2020; Harris County ordered residents home from March 24, 2020 and required a health and safety policy with face coverings of every business from June 22, 2020, an exposure-control requirement; Bexar County and San Antonio named "car dealerships" essential from March 24, 2020.82 Los Angeles County confined dealerships to auto-supply and auto-repair services with residential delivery of online purchases from March 21, 2020, held "Automobile Dealerships, Auto Repair" at twenty percent from December 30, 2020 and "automobile dealerships" at fifty percent in the Red Tier from March 15, 2021, reinstated universal indoor face coverings, an exposure-control requirement on every indoor public setting, from July 17, 2021 and quarantined every exposed person and isolated every case by blanket orders of August 26, 2021; the City of Los Angeles held its Safer at Home order to June 1, 2020.83 San Francisco and the Bay Area counties confined dealerships to supply and repair from March 17 and 31, 2020, replaced the shelter orders with Safer Return Together on June 15, 2021, reinstated universal indoor face coverings from August 3, 2021 and required proof of vaccination of every patron of covered businesses from August 20, 2021; Santa Clara County continued sheltering from May 22, 2020; Placer County's and Sacramento's orders reached their dealers; San Diego County's orders of April 9, 2020 and its isolation and quarantine orders in force through September 30, 2021 reached theirs.84 Honolulu's Emergency Order No. 2020-04 permitted "On-Line Automobile Sales" from April 3, 2020, Emergency Order No. 2020-09 admitted dealership customers by appointment from April 30, 2020, the Recovery Framework of September 24, 2020 and its tiers governed every business through Tier 4 (June 9, 2021), Tier 5 (July 8, 2021), Emergency Order No. 2021-10 (August 23, 2021), which cut gatherings to ten indoors and twenty-five outdoors and aligned restaurant, bar and gym limits with the Governor's Executive Order 21-05 (Ex. MET-HNL-033), and the Safe Access O'ahu order of September 22, 2021, whose Exhibit B lists "New and used car and truck dealerships" among the businesses required to comply with its conditions; Maui County's and Hawaii County's emergency rules reached theirs.85 Philadelphia prohibited the operation of businesses outside the essential list from 8:00 a.m. March 23, 2020, moved to Yellow Phase June 5, 2020, re-tightened from November 20, 2020, adopted its Full Reopening Order June 15, 2021 and required face coverings in every indoor space from August 12, 2021, with the Board of Health's regulation of August 13 and its vaccination regulation for health-care and higher-education settings from August 16, 2021.86 Chicago applied the Governor's stay-at-home order by Public Health Order 2020-3, imposed a curfew on businesses outside the essential list from October 23, 2020, quarantined entrants from high-incidence States from July 6, 2020, moved to Phase 5 June 11, 2021 and required universal indoor face coverings from August 20, 2021, with Cook County following August 23 and Oak Park August 6; the Cook County Clerk closed to the public in March 2020 and the Secretary of State's Department of Business Services suspended paper filings.87 New York City reduced in-person workforces by one hundred percent from March 25, 2020, required proof of vaccination for indoor dining, fitness and entertainment from August 17, 2021, enforced from September 13, and the Metropolitan Transportation Authority enforced a $50 mask fine from September 14, 2020.88 The Washington metro's Montgomery County continued the stay-at-home restrictions from May 15, 2020 and required face coverings in every indoor space from August 7, 2021; Fairfax County closed every county building to the public from 5:00 p.m. March 27, 2020.89 Atlanta, Fulton, DeKalb and Cobb Counties ordered residents home from March 23-31, 2020, Atlanta required face coverings in every indoor public place from July 28, 2021 and Savannah from July 26 and August 24, 2021; Maricopa County required them in every business from June 20, 2020 and in its courts from August 9, 2021; Boston required them in every indoor space from August 27, 2021, Somerville from August 20 and Cambridge from September 3, 2021, and Chelsea's orders reached its dealers in April 2020.90 Detroit's emergency order of October 9, 2020 and Oakland and Wayne Counties' screening orders of March 25-26, 2020 reached every open business; King County closed venues from March 16, 2020, Everett ordered residents home from March 23, 2020, Seattle capped delivery commissions, and King County required face coverings in every indoor space from September 7, 2021 and, by its order of September 16, 2021, fixed the verification of vaccination that applied to indoor establishments from October 25, 2021; Minneapolis required face coverings in every place of public accommodation from May 26, 2020 to June 1, 2021 and extended its emergency from July 1, 2021, and Saint Paul required them in every city property from August 3, 2021.91 Denver ordered residents home from March 24, 2020 and required vaccination of the personnel of covered entities, contractors included, from August 2 and September 1, 2021, and Boulder County required face coverings in every indoor space from September 3, 2021; St. Louis County ordered residents home from March 23, 2020, re-tightened under Safer At Home from November 17, 2020 and reinstated universal indoor face coverings from July 26, 2021, as did the City of St. Louis from July 26 and August 30, 2021; Springfield and Greene County held their own phases.92 Clark County, Nevada enforced the Governor's directives by emergency ordinance from March 20 and April 21, 2020, required face coverings of every employee indoors from July 22, 2021 and in its courts from July 19, 2021, and Washoe County required them from July 30, 2021; New Orleans ordered residents home from March 20, 2020, required face coverings in every indoor space from July 31, 2021 and proof of vaccination or a negative test of every patron of indoor establishments from August 16, 2021, while Jefferson Parish required face coverings from July 1, 2020 to April 28, 2021 and again from August 4, 2021; Louisville adopted interim operational practices August 12, 2021 and the Fayette County Clerk closed March 27, 2020; Milwaukee ordered residents home from March 25, 2020; Orange and Osceola Counties, Florida ordered residents home from March 26, 2020; Mecklenburg County, North Carolina ordered residents home March 25, 2020 and its Register of Deeds went to appointments.93

The sector regulators

The motor-vehicle agencies

Every State's motor-vehicle agency is a governmental authority with power over the title, registration, plate and license transactions through which this industry completes every sale, and every one of them acted by order, notice or emergency rule in March 2020. Where the exhibit is the agency's own release or web notice, it is cited as the record of the closure, appointment regime or extension the agency put in place under the State's emergency orders, and not as an order; the orders that reached the agencies in terms are cited as orders (Ex. NY-002; Ex. MI-011; Ex. IL-006; Ex. OH-012; Ex. AGY-ST-DMV-SOS-RECORDERS-076). The American Association of Motor Vehicle Administrators' jurisdiction tables of April 30 and May 12, 2020 record closures to the public in Illinois (March 17), Ohio (March 19, 181 deputy registrars), Texas (March 19), Pennsylvania (March 16), New Jersey (March 16), Michigan (March 24), Vermont (March 19), West Virginia (March 19), Colorado and Connecticut (March 17), the District (March 25), Maine (March 17), Maryland, Virginia (March 18), Washington (March 31), Louisiana, Kentucky, New Mexico, New York, North Dakota and Minnesota, with appointment-only or limited operation elsewhere and extensions of expirations nearly everywhere.94 Indiana closed every branch from March 24, 2020 and reopened by appointment from May 11; California closed 169 field offices from March 27 and reopened twenty-five on May 8 and the rest on June 11, 2020, and waived the in-person transaction requirements by Executive Order N-40-20; New Jersey's Commission stayed closed sixteen weeks; Wisconsin closed March 20 and reopened by appointment March 23 with sixty-day extensions and renewal deadlines extended to January 21, 2021; Kentucky's circuit clerks and the Fayette County Clerk closed; South Carolina and Alabama went to appointments and closed their driver license offices; Louisiana closed every Office of Motor Vehicles location; Arizona announced on March 20, 2020 that from March 23 its Motor Vehicle Division offices would serve customers by appointment only, changing the experience of "nearly 12,000 daily customers."95 The States extended the expirations on which dealers' temporary tags and customers' registrations depend: Illinois from March 17, 2020; Ohio by statute from March 27, 2020; Nebraska from March 19 to August 31, 2020; Tennessee from March 19, 2020; Kansas from March 26, 2020; Michigan to September 30, 2020 by statute; Utah from April 30, 2020; Florida from April 13, 2020; Connecticut from March 20, 2020; Washington from April 3, 2020 through the period; North Carolina's dealer plates, manufacturer and distributor licenses and other credentials by the COVID-19 Recovery Act of May 4, 2020; Maine's dealer plates from July 22, 2020 and registrations from October 19, 2020; Texas's title and registration requirements from March 16, 2020 to April 14, 2021; and West Virginia's vehicle-inspection deadline from March 19, 2020 to October 1, 2021.96 Into the third quarter of 2021 the District's Department of Motor Vehicles took customers by appointment only until July 19-20, 2021, Oregon's offices operated under lobby limits to June 30, 2021, New York's county offices were appointment-only until May 17, 2021, California's Department extended commercial driver's licenses through November 30, 2021 on September 2, 2021, and Louisiana's proclamations of August 6 and August 31, 2021 continued the Office of Motor Vehicles' emergency provisions.97

Notaries, recorders and secretaries of state

Twenty-five States rewrote the law of notarial acts within weeks of the closures, and the regimes of New Jersey, Massachusetts, Maryland, Texas, Vermont, Mississippi and Illinois ran into the third quarter of 2021; the finance desk's retail installment contracts, powers of attorney and odometer and title documents were executed under them.98 The Cook County Clerk, the Maricopa County Recorder, the San Diego Assessor/Recorder, the Dallas and Tarrant County Clerks and the Mecklenburg Register of Deeds closed their counters in March 2020; the Secretaries of State of California, New York and Illinois and Virginia's State Corporation Commission and Arizona's Corporation Commission closed their public counters, which are the offices through which dealers form entities, file liens and record the documents of their trade.99

Licensing boards, test centers and workplace agencies

California's Department of Consumer Affairs waived the renewal requirements of Division 3 licensees, which include the automotive repair dealers registered with the Bureau of Automotive Repair, for licenses expiring from March 31, 2020 through October 31, 2021, by orders of June 3, July and September 28, 2021.100 The State occupational-safety agencies of California, Virginia, Oregon, Washington and Michigan bound every dealership and repair shop in their States by standards carrying civil penalties: Cal/OSHA's emergency standard from November 30, 2020, readopted June 17, 2021; Virginia's emergency temporary standard from July 27, 2020 and permanent standard from January 27, 2021, amended September 8, 2021; Oregon OSHA's rules, with medical-removal benefits added September 16, 2021; Washington's WAC 296-800-14035 from May 26, 2020, readopted without interruption through September 20, 2021; and MIOSHA's emergency rules from October 14, 2020 to June 22, 2021, under which MIOSHA cited an equipment rental and sales business for violations of the rules.101 Nevada OSHA enforced the Governor's directives against every business designated essential from April 14, 2020 as occupational-safety requirements.102

The counterparties

Manufacturers, plants and freight

Michigan's Executive Order 2020-21 barred in-person work at every plant not necessary to sustain or protect life from March 24, 2020, and Executive Order 2020-77 permitted manufacturing to resume only from May 11, 2020 under conditions; Pennsylvania's list closed transportation-equipment manufacturing except as exempted from March 19, 2020; Ontario closed places of business outside its essential list from 11:59 p.m. March 24, 2020; Mexico suspended non-essential activities, including automotive assembly, from March 30 through May 30, 2020 and reopened under the semaforo strategy of May 14, 2020; Taiwan's nationwide Level 3 alert ran from May 19 to July 26, 2021 with Level 2 thereafter; Vietnam placed Ho Chi Minh City under Directive 16 from July 9, 2021; and Canada's entry prohibition of March 21, 2020, renewed monthly, was eased for vaccinated United States citizens only from August 9, 2021.103 The Federal Railroad Administration imposed face-mask controls, an airborne-transmission control, on every railroad operation from March 1, 2021 on pain of civil penalty; the Captains of the Port conditioned every port and vessel under the Coast Guard's regulations and the CDC's order, as the Coast Guard's bulletins record; the Federal Maritime Commission investigated the ocean carriers calling at New York and Los Angeles; the Port of Los Angeles' own statistics record the container surge of 2021; and the land-border notifications governed every truck crossing at Detroit, Buffalo, Laredo and El Paso.104

Lenders, customers, schools, transit and courts

The federal financial regulators' supervisory statements of March 13, 2020 (guidance, cited as the regime they announced), the appraisal-deferral rule and the credit-union relief rules fixed the terms on which every floor-plan and retail lender operated; the OMB and Defense Department orders governed every governmental fleet customer; the school-closure orders of the spring of 2020 closed every public school building in the country by March 25, 2020 and parked every school bus; the CDC conveyance order and the transit agencies' rules conditioned every commute; the courts' emergency orders governed every replevin, title and repossession proceeding; and the health-care vaccination orders of the third quarter of 2021 governed the hospitals and clinics whose fleets and staff this industry serves.105 The tribal governments closed their reservations and required face coverings, airborne-transmission controls, in their businesses: the Navajo Nation's stay-at-home lockdown of November 16, 2020, its business-status orders of May 21 and July 7, 2021, the Mescalero Apache Tribe's face-covering order of August 20, 2021 and the Yakama Nation's Public Safety Order No. 3 of June 26, 2020 reached the dealers and shops of Arizona, New Mexico, Utah and Washington whose customers live on those lands.106 Puerto Rico's closure of March 15, 2020 and its contractor and employee vaccination orders of August 16, 2021, Guam's isolation order of March 20, 2020 and vaccination requirements of August 20 and 24, 2021, and the Virgin Islands' order of March 23, 2020 reached the dealers of the territories.107

The ecosystem

The mechanisms

Six mechanisms carried orders addressed to others into this industry's operation, each carried by orders of United States authorities: supply chain and borders (the plant closures, the land-border notifications, the entry proclamations, the Title 42 order and the rail and port orders, operating in the circumstances the foreign plant and semiconductor orders created); workforce, schools and child care (the FFCRA mandate, the school closures, the quarantine orders, the paid-leave statutes); travel, tourism and gatherings (the traveler quarantines of Hawaii, New York and Chicago, the gathering limits, the venue closures that cancelled the auto, boat and RV shows); courts and public offices (the motor-vehicle agencies, clerks and recorders); transit (the conveyance order, the TSA directives, the transit agencies' rules); and health care as counterparty (the health-care-worker vaccination orders from July 26, 2021).108 The Library's meetings collection for this industry lists the auto, boat, RV, farm and equipment shows, the trade and buyer shows, the fairs and the recurring dealer gatherings that those orders disrupted, event by event, with the venue orders in force on each event's dates and the organizer's stated action. The Federal Reserve recorded the mechanism in its own words: on May 27, 2020, "mandated closures of retail establishments remained largely in place during most of the survey period"; on December 2, 2020, "mandated restrictions (recent and prospective)" and "more school and plant closings"; on July 9, 2021, "Companies laid off workers, idled plants, and canceled orders for materials ... by late 2020, factories in some industries were scrambling to find the workers, parts, and materials"; on July 14, 2021, "Supply-side disruptions became more widespread, including shortages of materials and labor, delivery delays, and low inventories of many consumer goods"; and on September 8, 2021, "weakness in auto sales was widely ascribed to low inventories amidst the ongoing microchip shortage."109 The Census Bureau found in the week ending July 18, 2021 that 38.8 percent of small businesses reported domestic supplier delays, 59.8 percent in retail, and 15.9 percent foreign supplier delays.110 Foreign orders, including the Mexican decrees, the Ontario closure, the Canadian entry prohibition, the Taiwanese alerts and the Malaysian and Japanese emergency measures that closed semiconductor packaging plants, are facts and circumstances recorded by category.111

The standing duties

Beneath the emergency orders lay a fourth layer that bound every dealer and repair shop on every day of the six quarters: the standing statutes that commanded every person to prevent and control communicable disease and every employer to furnish a safe and healthful workplace, the offenses that punished disobedience of health and emergency orders, and the liability shields that protected only the business that complied with governmental standards, guidance and protocols. Each is an order from an appropriate governmental authority, because a statute that commands conduct is an order. This section states the layer for eight States, California, Texas, Florida, New York, Colorado, Ohio, New Jersey and Illinois; the fifty-one-jurisdiction table is at Nothing was voluntary.112

The orders' own conditions

The reopening orders did not restore the showroom; they permitted it on conditions, and the verbs are commands. Texas: "Every business establishment in Texas shall operate at no more than 50 percent of the total listed occupancy of the establishment," and "Every person in Texas shall wear a face covering over the nose and mouth when inside a commercial entity." California: from November 30, 2020, "Employers shall establish, implement, and maintain an effective, written COVID-19 Prevention Program." New York: "Each employer shall reduce the in-person workforce at any work locations by 50%." Florida: retail "may operate up to fifty (50) percent of their building occupancy." Ohio: no retailer "shall be open for business or operate unless in compliance with this Order." New Jersey: every employer with an on-site workforce "is required to abide by the following requirements, at minimum." Colorado and Illinois laid the same commands on every workplace ("shall take," "must ensure").113 Where an order later converted its protocols to recommendations, as Texas did from March 10, 2021 and California and Illinois in June 2021, this analysis says so, and the compulsion thereafter rests on the statutes, the shields and the federal layer.114

The standing statutes

Each of the eight States had, before March 2020 and through September 30, 2021, a communicable-disease control act that commanded obedience to control measures and punished refusal. 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" (Ex. DUT-TX-001), punishes refusal to perform or allow control measures as a Class B misdemeanor and disobedience during an area quarantine as "a felony of the third degree," and makes violation of a Governor's order an offense of up to $1,000 and 180 days (Exs. DUT-TX-005, DUT-TX-006, DUT-TX-012). Ohio has bound every person "having charge of a ... place of public accommodation, amusement, resort, or trade" since 1974 not to "negligently fail to take reasonable measures to protect the public from exposure to the contagion," and punishes violation of any Director's order as a second-degree misdemeanor (Exs. DUT-OH-007, DUT-OH-004, DUT-OH-005). Colorado, California and Florida made disobedience of a health or emergency order a misdemeanor recited in every order (Exs. DUT-CO-003, DUT-CA-003, DUT-CA-007, DUT-FL-001, DUT-FL-008); New York attached its Public Health Law penalties to every business restriction (Exs. DUT-NY-001, DUT-NY-002); New Jersey's orders were "binding upon each and every person within this State" on pain of six months or $1,000 (Ex. DUT-NJ-006); and Illinois's rule 690.50 made a business that failed to require face coverings guilty of a Class A misdemeanor (Exs. DUT-IL-004, DUT-IL-014).115

Every employer in the eight States also owed a safe-workplace duty stated in a statute. Section 5(a)(1) of the Occupational Safety and Health Act bound every private employer: "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" (Ex. DUT-FED-001). Texas adds Labor Code section 411.103, which commands "all other actions reasonably necessary to make the employment and place of employment safe" (Ex. DUT-TX-013); California, Labor Code sections 6400 to 6402 and the COVID-19 emergency standard (Ex. DUT-CA-009); New York, Labor Law section 200 and, from September 6, 2021, the HERO Act (Exs. DUT-NY-013, DUT-NY-014); Ohio, R.C. 4101.11 (Ex. DUT-OH-013); New Jersey, N.J.S.A. 34:6A-3 (Ex. DUT-NJ-009); in Colorado, Florida and Illinois the federal clause alone supplied the private employer's duty.116 OSHA told every employer in March 2020 that the clause "requires employers to provide their employees with a workplace free from recognized hazards," and cited employers under it from September 2020 and, by December 31, 2020, from 300 inspections.117

The liability shields

The legislatures fixed the standard of care in statutes that protected only the business that met it. Texas protects a business unless the claimant proves it "knowingly failed to implement or comply with government-promulgated standards, guidance, or protocols intended to lower the likelihood of exposure to the disease," for every action commenced on or after March 13, 2020 (Ex. DUT-TX-015); Florida immunizes only a defendant that "made a good faith effort to substantially comply with authoritative or controlling government-issued health standards or guidance" (Ex. DUT-FL-012); Illinois conditioned the rebuttal of its workers' compensation presumption on the same compliance (Ex. DUT-IL-005). Ohio's H.B. 606 set a culpability floor without a compliance clause and provided that "A government order, recommendation, or guideline shall neither create nor be construed as creating a duty of care" (Ex. DUT-OH-020), so Ohio's compulsion stands in R.C. 3701.352, 3701.81(C) and 4101.11 and in the orders' own conditions. California, Colorado, New York and New Jersey enacted no business shield: the New York and New Jersey immunities reached health-care providers only, California's Evidence Code presumes want of due care from violation of "a statute, ordinance, or regulation of a public entity," and Colorado left every dealer under its premises-liability standard (Exs. DUT-CA-013, DUT-CO-014). In each form the premise is the same: compliance with governmental health standards is what a business owed.118 A recommendation is recorded here as a recommendation, compulsory only through the instrument that made it so; a dealer that capped its showroom, screened its technicians and sanitized its loaners under these instruments was not choosing; it was complying.119

  1. Moreland et al., Timing of State and Territorial COVID-19 Stay-at-Home Orders and Changes in Population Movement, 69 MMWR 1198, 1198-99 (Sept. 4, 2020) (Ex. LAW-201) (forty-two States and territories; 2,355 of 3,233 counties, seventy-three percent; "most jurisdictions issued multiple orders"); see id. at 1199-1200 (the first order to end was Alaska's on April 24, 2020; eight extended past May 31, 2020). Seven States issued no statewide stay-at-home order (Ex. LAW-204) and had by statewide order closed dining rooms, bars, gyms and schools and capped gatherings. ↩
  2. Council of State Governments, executive-order database (Ex. LAW-203) (2,065 executive orders to June 29, 2020); Department of Health and Human Services, State and county policy-order dataset (Ex. LAW-205) (the dataset's description page, cited for the words it carries; the entry counts, 4,218 entries from Mar. 23, 2020 to Aug. 31, 2021, with 312 "Non-Essential Businesses" entries and 860 "Shelter in Place" entries, are taken from the dataset's API); Katz et al., Sci. Data 10:491 (Ex. LAW-202) (nearly 50,000 policy measures worldwide; more than 20,000 at the United States national and State level; approximately 8,000 county and 1,400 tribal-area measures; ninety-five percent issued before Nov. 23, 2021). ↩
  3. Bureau of Labor Statistics, Business Response Survey to the Coronavirus Pandemic, 2020 Results (survey period July 20 to Sept. 30, 2020) (Ex. LAW-207); see also BLS, The Employment Situation - April 2020 (Ex. LAW-206) ("Total nonfarm payroll employment fell by 20.5 million in April, and the unemployment rate rose to 14.7 percent ... The changes in these measures reflect the effects of the coronavirus (COVID-19) pandemic and efforts to contain it"; retail trade down 2.1 million); Bureau of Economic Analysis, Gross Domestic Product, 2nd Quarter 2020 (Advance Estimate) (Ex. LAW-253) (the decline "reflected the response to COVID-19, as 'stay-at-home' orders issued in March and April were partially lifted in some areas of the country in May and June"); GAO-20-625, at 3, 10 (Ex. LAW-213) ("millions have lost their jobs due to stay-at-home orders and business closures aimed at 'flattening the curve'"; "Widespread business closures led to immediate and substantial job losses"). ↩
  4. KFF, State Social Distancing Actions, files of June 30, 2020 (Ex. LAW-230) (masks for the public in twenty States), Oct. 1, 2020 (Ex. LAW-231) (thirty-three), Jan. 4, 2021 (Ex. LAW-232) (forty; eighteen jurisdictions with new business closures or limits), Apr. 5, 2021 (Ex. LAW-233) (thirty-one statewide mask requirements; twenty-five jurisdictions with businesses outside the essential class open only with limits), July 2, 2021 (Ex. LAW-246) and Sept. 21, 2021 (Ex. LAW-247) (twenty-five emergency declarations: Alabama, Arizona, Arkansas, California, Connecticut, the District of Columbia, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Nevada, New Mexico, North Carolina, Oregon, Rhode Island, Texas, Utah, Washington, West Virginia and Wyoming; eleven statewide mask requirements). ↩
  5. Proclamation 9994, Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak (Mar. 13, 2020) (Ex. FED-001); Emergency determination under Stafford Act § 501(b) (Mar. 13, 2020) (Ex. FED-006); Determination that a Public Health Emergency Exists (Jan. 31, 2020) (Ex. FED-010), renewed July 19, 2021 effective July 20, 2021 (Ex. FED-016). These are cited as the instruments under which the federal orders below issued and as proof of the period, not as suspending orders. ↩
  6. CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 1.0 (Mar. 19, 2020) (Ex. SEC-08-001; Ex. FED-394) ("Automotive repair and maintenance facilities"; "Employees who repair and maintain vehicles, aircraft, rail equipment, marine vessels, and the equipment and infrastructure that enables operations that encompass movement of cargo and passengers"); Version 2.0 (Mar. 28, 2020) (Ex. SEC-08-002); Version 3.0 (Apr. 17, 2020) (Ex. SEC-08-003); Version 4.1 (Aug. 10, 2021) (Ex. SEC-08-006). The incorporating orders: Texas Executive Order GA-14 (Ex. TX-008); North Carolina Executive Order No. 121 (Ex. NC-005); Georgia Executive Order 04.02.20.01 (Ex. GA-010) and 04.03.20.02 (Ex. GA-021); Florida Executive Order 20-91 (Ex. FL-010); Louisiana Proclamation 33 JBE 2020 (Ex. LA-005). The States' own lists: Ex. PA-004; Ex. MI-011; Ex. NJ-004; Ex. NY-091; Ex. WA-017; Ex. CO-016; Ex. NV-064; Ex. MN-010; Ex. DE-005; Ex. RI-074; Ex. KY-008; Ex. ME-008; Ex. MD-006; Ex. MA-008; Ex. NM-006; Ex. VT-010; Ex. HI-004; Ex. CA-008. ↩
  7. Ex. FED-216 (Canada; 85 Fed. Reg. 16548 (Mar. 24, 2020); effective 11:59 p.m. Mar. 20, 2020); Ex. FED-239 (Mexico); Proclamation 9984 (Jan. 31, 2020; effective Feb. 2, 2020) (Ex. FED-200); Proclamation 10014 (Apr. 22, 2020; effective 11:59 p.m. Apr. 23, 2020) (Ex. FED-210); Proclamation 10052 (June 22, 2020; effective 12:01 a.m. June 24, 2020) (Ex. FED-211); Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213) (extending both to Mar. 31, 2021); CDC Order Suspending Introduction of Certain Persons (Mar. 20, 2020) (Ex. FED-034); Department of State, Suspension of Routine Visa Services (Mar. 20, 2020) (Ex. FED-327; Ex. AGY-FED-LABOR-IMMIGRATION-060) and Phased Resumption of Routine Visa Services (July 14, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-061); USCIS, Temporarily Closing Offices to the Public (Mar. 17, 2020) (Ex. FED-324); Ex. ECO-C-126; Ex. AGY-FED-LABOR-IMMIGRATION-068; Ex. AGY-FED-LABOR-IMMIGRATION-069. ↩
  8. Ex. FED-170; Ex. ECO-B-001; Ex. FED-171; Ex. ECO-B-002; Ex. AGY-FED-LABOR-IMMIGRATION-001; Ex. ECO-B-003; Ex. AGY-FED-LABOR-IMMIGRATION-002. ↩
  9. Department of the Treasury and U.S. Customs and Border Protection, Temporary Final Rule, Temporary Postponement of the Time To Deposit Certain Estimated Duties, Taxes, and Fees During the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak (Apr. 20, 2020) (Ex. AGY-USCG-PORTS-066) (eligibility conditioned on an importer whose "operation is fully or partially suspended during March 2020 or April 2020 due to orders from a competent governmental authority limiting commerce, travel, or group meetings because of COVID-19"). ↩
  10. Federal Maritime Commission, Order, Fact Finding Investigation No. 29 (Mar. 31, 2020) (Ex. AGY-USCG-PORTS-044) and Supplemental Order (Nov. 19, 2020) (Ex. AGY-USCG-PORTS-050); Final Report (May 31, 2022) (Ex. ECO-A-100) (cited for what it recites of the period); Ex. AGY-FED-FINANCIAL-003; Ex. AGY-FED-FINANCIAL-004; Interagency Statement on Appraisals and Evaluations (Apr. 14, 2020) (Ex. AGY-FED-FINANCIAL-016); Interim final rule, Real Estate Appraisals, 85 Fed. Reg. 21312 (Apr. 17, 2020) (Ex. AGY-FED-FINANCIAL-017); NCUA interim final rule, 85 Fed. Reg. 22014 (Apr. 21, 2020) (Ex. AGY-FED-FINANCIAL-040); Ex. AGY-FED-FINANCIAL-048; Notice 2020-18, 2020-15 I.R.B. 590 (Mar. 20, 2020) (Ex. AGY-FED-FINANCIAL-078). ↩
  11. OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264); OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268) (rescinded June 10, 2021 by M-21-25, Ex. FED-271). ↩
  12. Executive Order 13991, 86 Fed. Reg. 7045 (Jan. 25, 2021) (Ex. FED-060); OMB Memorandum M-21-15 (Jan. 24, 2021) (Ex. FED-270); Executive Order 13998, 86 Fed. Reg. 7205 (Jan. 26, 2021) (Ex. FED-061); CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021) (Ex. FED-020; Ex. ECO-B-004); TSA Security Directive SD 1582/84-21-01 (Jan. 31, 2021; effective 11:59 p.m. Feb. 1, 2021; expiration May 11, 2021) (Ex. FED-050); SD 1582/84-21-01A (announced Apr. 30, 2021; effective May 12, 2021; expiration Sept. 13, 2021) (Ex. FED-051); Notification of Ratification of Security Directives and Emergency Amendment, 86 Fed. Reg. 26825 (May 18, 2021) (Ex. FED-056); CDC Amended Order, Requirement for Negative Pre-Departure COVID-19 Test Result (Jan. 25, 2021; effective Jan. 26, 2021) (Ex. FED-042); Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207); Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214); Ex. FED-211; Ex. FED-213; Proclamation 10199 (Apr. 30, 2021; effective 12:01 a.m. May 4, 2021) (Ex. FED-208). ↩
  13. Ex. AGY-AVIATION-SURFACE-014 (FRA Emergency Order No. 32, 86 Fed. Reg. 11888 (Mar. 1, 2021)); Ex. AGY-USCG-PORTS-031 (MSIB 02-21, Feb. 1, 2021); Ex. AGY-USCG-PORTS-033 (MSIB 02-21, Change 1, Mar. 22, 2021); Ex. AGY-USCG-PORTS-037 (Change 2, June 11, 2021); Ex. AGY-USCG-PORTS-035 (MSIB 02-20, Change 7, May 5, 2021); Ex. AGY-AVIATION-SURFACE-035 (DOT Order 2021-4-13); Ex. AGY-FED-LABOR-IMMIGRATION-087 (OSHA DIR 2021-01, Mar. 12, 2021); Ex. FED-280. ↩
  14. Executive Order 14017, America's Supply Chains, 86 Fed. Reg. 11849 (Feb. 24, 2021) (Ex. SEC-08-021) (directing a 100-day report "identifying risks in the semiconductor manufacturing and advanced packaging supply chains"); Department of Commerce, Notice of Request for Public Comments on Risks in the Semiconductor Manufacturing and Advanced Packaging Supply Chain, 86 Fed. Reg. 14308 (Mar. 15, 2021) (Ex. ECO-A-073); Building Resilient Supply Chains, Revitalizing American Manufacturing, and Fostering Broad-Based Growth: 100-Day Reviews under Executive Order 14017 (June 8, 2021) (Ex. ECO-A-101). These instruments are cited as the federal record of the supply interruption, not as suspending orders. ↩
  15. Ex. FED-060; COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021) (Ex. FED-272); Ex. FED-020; Ex. FED-051; Ex. FED-052; Ex. FED-232; Ex. FED-233; Ex. FED-234; Ex. FED-235 (Canada; 86 Fed. Reg. 32764 (June 23, 2021), 38556 (July 22, 2021), 46964 (Aug. 23, 2021), 52609 (Sept. 22, 2021), each effective 12 a.m. on the 22nd); Ex. FED-255; Ex. FED-256; Ex. FED-257; Ex. FED-258 (Mexico; 86 Fed. Reg. 32766, 38554, 46963, 52611); Ex. FED-200; Ex. FED-207; Ex. FED-208; Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 14, 2021) (Sept. 9, 2021) (Ex. FED-063); Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064); Determination of the Promotion of Economy and Efficiency in Federal Contracting, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275); Ex. SEC-08-006; Department of Commerce, Notice of Request for Public Comments on Risks in the Semiconductor Supply Chain, 86 Fed. Reg. 53031 (Sept. 24, 2021) (Ex. SEC-08-020; Ex. ECO-A-077); Beige Book (July 14, 2021) (Ex. ECO-A-106); Beige Book (Sept. 8, 2021) (Ex. SEC-08-022; Ex. ECO-A-107). ↩
  16. The fifty-State showroom and motor-vehicle entries of the Library's sector record for this industry, which the jurisdiction table on this page reproduces with dates. The twenty-three closure, remote-only or appointment-only States in March and April 2020, with the District of Columbia (twenty-four jurisdictions), are Alaska, California (by county), Colorado, Connecticut (appointment only), Delaware, the District of Columbia, Hawaii, Idaho, Illinois (remote and appointment), Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota (appointment only), Montana, Nevada, New Jersey, New Mexico, New York, Pennsylvania, Rhode Island (appointment only), Vermont and Washington. The Arizona, Idaho, Massachusetts and West Virginia showroom entries rest on image-only exhibits and are described by category. ↩
  17. Ex. PA-002; Ex. PA-003; Ex. PA-004; Ex. PA-053; Ex. SEC-08-013; Order of the Governor for Individuals to Stay at Home (Apr. 1, 2020) (Ex. PA-006); Ex. PA-010 (Yellow Phase Order, May 7, 2020; effective 12:01 a.m. May 8, 2020); Green Phase Order (May 27, 2020; effective May 29, 2020) (Ex. PA-011); Targeted Mitigation Order (July 15, 2020; effective July 16, 2020) (Ex. PA-016); Order for Mitigation and Enforcement (Nov. 23, 2020; effective 12:01 a.m. Nov. 27, 2020) (Ex. PA-022), amended Mar. 1, 2021 (Ex. PA-031) and Apr. 1, 2021 effective Apr. 4, 2021 (Ex. PA-033), and expiring 12:01 a.m. May 31, 2021; Limited-Time Targeted Mitigation Order (Dec. 10, 2020; effective 12:01 a.m. Dec. 12, 2020 to 8:00 a.m. Jan. 4, 2021) (Ex. PA-028); Secretary of Health Worker Safety Order (Apr. 15, 2020) (Ex. PA-008); PennDOT release (Mar. 16, 2020) (Ex. PA-102) ("All Driver License Centers and Photo License Centers in Pennsylvania will be closed for two [weeks]"); PennDOT release, Limited Services Available at Additional Driver License and Photo License Centers in Yellow Phase Counties (May 15, 2020) (Ex. PA-103); Act 15 of 2020 (Ex. PA-076). ↩
  18. Ex. NJ-004 ¶ 6 (Executive Order No. 107, Mar. 21, 2020; effective 9:00 p.m.); Executive Order No. 108 (Mar. 21, 2020) (Ex. NJ-005) (invalidating conflicting county and municipal restrictions); Executive Order No. 122 (Apr. 8, 2020; effective 8:00 p.m. Apr. 10, 2020) (Ex. NJ-011) (essential retail at fifty percent with mitigation requirements); Executive Order No. 150 (June 3, 2020; non-essential retail premises reopened at 6:00 a.m. June 15, 2020 under the Executive Order No. 122 protocols) (Ex. NJ-020); Executive Order No. 157 (June 26, 2020) (Ex. NJ-026) (indoor premises of retail businesses limited to fifty percent of stated maximum capacity, with masks); Executive Order No. 192 (Oct. 28, 2020; effective Nov. 5, 2020) (Ex. NJ-036); Executive Order No. 194 (Nov. 10, 2020; effective 6:00 a.m. Nov. 12, 2020) (Ex. NJ-037); Executive Order No. 242 (May 24, 2021; effective 6:00 a.m. May 28, 2021) (Ex. NJ-050); Executive Order No. 243 (May 26, 2021; effective June 4, 2021) (Ex. NJ-051) (rescinding ¶¶ 10-11 of EO 107); P.L. 2021, c. 103 (June 4, 2021) (Ex. NJ-053); Executive Order No. 123 (Apr. 9, 2020) (Ex. NJ-012) (insurance premium grace periods, continued by P.L. 2021, c. 103, § 1(4)); Ex. NJ-107; Ex. AGY-ST-DMV-SOS-RECORDERS-019; NJMVC Extensions and CDLs FAQ (updated Oct. 1, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-021); Ex. AGY-ST-DMV-SOS-RECORDERS-027. ↩
  19. Executive Order No. 202.6 (Mar. 18, 2020; effective 8 p.m. Mar. 20, 2020) (Ex. NY-003); Executive Order No. 202.7 (Mar. 19, 2020; effective 8 p.m. Mar. 21, 2020) (Ex. NY-004); Ex. NY-002 (Executive Order No. 202.8: one-hundred-percent reduction and the DMV directive); Executive Order No. 202.10 (Mar. 23, 2020) (Ex. NY-005) (gatherings); ESD Guidance on Executive Order 202.6 (Mar. 20, 2020) (Ex. NY-091) ("automotive repair"); the Apr. 17, 2020 version (Ex. NY-092); Ex. SEC-08-015 (June 8, 2020 version, captured June 10); the Oct. 23, 2020 version as archived Nov. 20, 2020 (Ex. NY-093) and June 15, 2021 (Ex. NY-094); Ex. NY-090 (live page); Reopening New York: Vehicle Sales, Leases, and Rentals Guidelines for Employers and Employees (May 29, 2020) (Ex. NY-117); Interim Guidance for Essential and Phase II Retail Business Activities (May 29, 2020) (Ex. NY-125); Executive Order No. 202.68 (Oct. 6, 2020) (Ex. NY-008) (cluster zones); Executive Order No. 202.108 (May 17, 2021) (Ex. NY-054) (percentage caps ended May 19, 2021; county motor-vehicle offices' appointment-only operation ended); Executive Order No. 210 (June 24, 2021; effective June 25, 2021) (Ex. NY-049); Ex. AGY-ST-DMV-SOS-RECORDERS-036 (EO 202.7 notarial directive); Ex. AGY-ST-DMV-SOS-RECORDERS-080 (Division of Corporations walk-in services suspended). ↩
  20. Executive Order No. 7H (Mar. 20, 2020; effective 8:00 p.m. Mar. 23, 2020) (Ex. CT-007); Executive Order No. 7C, § 7 (Mar. 15, 2020) (Ex. CT-003); DMV Notice and Order of Extension or Waiver of Motor Vehicle Registrations and Other Transactions (Mar. 20, 2020) (Ex. CT-062); DECD Sector Rules for May 20th Reopen: General Business (May 18, 2020) (Ex. CT-078); DECD Sector Rules: Retail and Malls (July 22, 2020 version) (Ex. CT-083); Executive Order No. 7ZZ (June 16, 2020; effective June 17, 2020) (Ex. CT-021); Executive Order No. 9K (Nov. 5, 2020; effective 12:01 a.m. Nov. 6, 2020) (Ex. CT-031); Executive Order No. 12B (May 20, 2021) (Ex. CT-046). The DECD essential-business list's appointment-only treatment of dealer sales is recorded in the Library's sector record as confirmed from a secondary source and is described by category. ↩
  21. Executive Order 20-09 (Mar. 22, 2020) (Ex. RI-006); Executive Order 20-13 (Mar. 28, 2020) (Ex. RI-009); Executive Order 20-14 (Mar. 28, 2020; retail closure Mar. 30, 2020) (Ex. RI-010); DBR Critical and Non-Critical Retail Businesses List (rev. Apr. 3, 2020) (Ex. RI-074) ("except for auto repair and by appointment only"); Executive Order 20-32 (May 9, 2020) (Ex. RI-017); Executive Order 20-100 (Nov. 30, 2020) (Ex. RI-029); Executive Order 20-108 (Dec. 17, 2020; effective Dec. 21, 2020) (Ex. RI-032); Executive Order 21-18 (Feb. 25, 2021) (Ex. RI-035); Executive Order 21-46 (May 7, 2021) (Ex. RI-037); Executive Order 21-57 (May 21, 2021) (Ex. RI-040); Executive Order 21-76 (July 6, 2021) (Ex. RI-047); 216-RICR-50-15-7 (emergency amendment effective June 18, 2021; to Aug. 31, 2021) (Ex. RI-071). ↩
  22. COVID-19 Order No. 13 (Mar. 23, 2020; effective noon Mar. 24, 2020) (Ex. MA-008); COVID-19 Order No. 21 (Mar. 31, 2020) (Ex. MA-012); COVID-19 Order No. 33 (May 18, 2020; Phase I, with retail curbside pickup from May 25, 2020) (Ex. MA-017); COVID-19 Order No. 37 (June 6, 2020; Phase II Step 1 from June 8, 2020, in-store retail) (Ex. MA-019); COVID-19 Order No. 59 (Dec. 22, 2020; effective 12:01 a.m. Dec. 26, 2020) (Ex. MA-040); COVID-19 Order No. 69 (May 28, 2021; effective 12:01 a.m. May 29, 2021) (Ex. MA-048); Order of the Commissioner of Public Health Regarding Face Coverings (May 28, 2021) (Ex. MA-050); Ex. SEC-08-004 (RMV: no walk-ins); Ex. AGY-ST-DMV-SOS-RECORDERS-039; Ex. AGY-ST-DMV-SOS-RECORDERS-040. The Massachusetts essential-services list's treatment of dealer sales rests on image-only exhibits and is described by category. ↩
  23. Emergency Order #17 (Mar. 26, 2020; effective 11:59 p.m. Mar. 27, 2020) (Ex. NH-009) and Exhibit A (Ex. NH-010) ("Automotive sales, repair and maintenance facilities"); Emergency Order #40 (May 1, 2020) (Ex. NH-017); Universal Guidelines for All New Hampshire Employers and Employees (May 1, 2020; mandatory to May 7, 2021) (Ex. NH-045); Emergency Order #52 (June 15, 2020; effective June 16, 2020) (Ex. NH-021); Emergency Order #74 (Nov. 19, 2020; effective Nov. 20, 2020) (Ex. NH-031). ↩
  24. Addendum 5 to Executive Order 01-20 (Mar. 23, 2020; effective 8:00 p.m.) (Ex. VT-009); Addendum 6 (Mar. 24, 2020) (Ex. VT-010); Gubernatorial Directive 3 to the Department of Motor Vehicles (Mar. 18, 2020) (Ex. VT-006); Addenda 10, 11 and 12 (Apr. 17, Apr. 24 and May 1, 2020) (Ex. VT-015; Ex. VT-016; Ex. VT-017); Addendum 14 (May 15, 2020) (Ex. VT-021); Amended and Restated Executive Order No. 01-20 (June 15, 2020) (Ex. VT-025); Addendum 8 to the Amended and Restated Order (Nov. 13, 2020; effective 10:00 p.m. Nov. 14, 2020) (Ex. VT-034); Executive Order No. 01-20 (Mar. 13, 2020) (Ex. VT-001); 2020 Acts and Resolves No. 91 (Mar. 30, 2020) (Ex. VT-045); Act 95 of 2020 (Apr. 28, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-050). ↩
  25. Executive Order 19 FY 19/20 (Mar. 24, 2020; effective 12:01 a.m. Mar. 25, 2020) (Ex. ME-007); Essential Business Operations Definitions (Ex. ME-008); Executive Order 28 FY 19/20 (Mar. 31, 2020; effective 12:01 a.m. Apr. 2, 2020) (Ex. ME-011) (restrictions on "Vehicle Travel"); Executive Order 18 FY 19/20 (Mar. 23, 2020) (Ex. ME-006) (Bureau of Motor Vehicles); Together We Are Maine: Restarting Maine's Economy (Apr. 28, 2020; Stage 1 May 1, 2020) (Ex. ME-020; Ex. ME-080) ("Auto Dealership Sales"); COVID-19 Prevention Checklists (Ex. ME-081); Executive Order 53 FY 19/20 (May 12, 2020) (Ex. ME-022); Executive Order 55 FY 19/20 (May 29, 2020; effective May 31, 2020) (Ex. ME-025); Executive Order 4 FY 20/21, An Order Regarding Car Dealer Plates (July 22, 2020) (Ex. ME-032); Executive Order 15 FY 20/21, An Order Addressing Motor Vehicle Registration Requirements (Oct. 19, 2020) (Ex. ME-040); Executive Order 16 FY 20/21 (Nov. 4, 2020) (Ex. ME-042); Executive Order 38 FY 20/21 (May 13, 2021) (Ex. ME-057); Executive Order 40 FY 20/21 (June 30, 2021) (Ex. ME-060). ↩
  26. Fourth Modification of the Declaration of a State of Emergency (Mar. 22, 2020; effective 8:00 a.m. Mar. 24, 2020) (Ex. DE-005); Fifth Modification (Mar. 22, 2020) (Ex. DE-006); Tenth Modification (Apr. 6, 2020; effective 8:00 p.m. Apr. 7, 2020) (Ex. DE-013) ("only by appointment with no more than two appointments per half hour"); Twentieth Modification of the Declaration of a State of Emergency (May 31, 2020; effective 8:00 a.m. June 1, 2020) (Ex. DE-024) (Phase 1 reopening at thirty percent); DelDOT operational changes announcement (Mar. 16, 2020) (Ex. DE-072); Fourth Revision to the Twenty-Seventh Modification (Dec. 10, 2020; effective Dec. 14, 2020) (Ex. DE-033); Twenty-Ninth Modification (May 18, 2021; effective May 21, 2021) (Ex. DE-038); Termination of State of Emergency (July 12, 2021; effective 12:01 a.m. July 13, 2021) (Ex. DE-040); Declaration of a Public Health Emergency (July 12, 2021) (Ex. DE-041). ↩
  27. Mayor's Order 2020-053 (Mar. 24, 2020) (Ex. DC-005); Mayor's Order 2020-054 (Mar. 30, 2020; effective 12:01 a.m. Apr. 1, 2020) (Ex. DC-006); Mayor's Order 2020-067 (May 27, 2020; effective May 29, 2020) (Ex. DC-029); Mayor's Order 2020-075 (June 19, 2020; effective June 22, 2020) (Ex. DC-079); Mayor's Order 2020-127 (Dec. 18, 2020; pause effective 10:00 p.m. Dec. 23, 2020) (Ex. DC-015); Mayor's Order 2021-038 (Mar. 17, 2021) (Ex. DC-016); Situational Update (May 17, 2021) (Ex. DC-073); Ex. DC-082 (appointment-only from June 23, 2020 to July 19-20, 2021); Mayor's Order 2021-097 (July 29, 2021; effective 5:00 a.m. July 31, 2021) (Ex. DC-057); DC Health, Mask Guidance for the General Public (July 30, 2021) (Ex. DC-077). ↩
  28. Order No. 20-03-23-01 (Mar. 23, 2020) (Ex. MD-005); Interpretive Guidance COVID19-04 (Mar. 23, 2020) (Ex. MD-006); Order No. 20-03-30-01 (Mar. 30, 2020) (Ex. MD-007); Order No. 20-05-13-01 (May 13, 2020; effective 5:00 p.m. May 15, 2020) (Ex. MD-010); Order No. 20-07-29-01 (July 29, 2020; effective July 31, 2020) (Ex. MD-014); Order No. 20-11-17-01 (Nov. 17, 2020; effective Nov. 20, 2020) (Ex. MD-021); Order No. 21-03-09-01 (Mar. 9, 2021; capacity limits lifted 5:00 p.m. Mar. 12, 2021) (Ex. MD-026); Order No. 21-05-12-01 (May 12, 2021; venue caps ended 12:01 a.m. May 15, 2021) (Ex. MD-095); Order No. 21-05-14-01 (May 14, 2021; general indoor mask order ended 12:01 a.m. May 15, 2021) (Ex. MD-030); Order 21-06-15-01 Terminating Various Emergency Orders (June 15, 2021; residual orders terminated July 1 and fourteen orders and the emergency at 11:59 p.m. Aug. 15, 2021) (Ex. MD-031); COVID-19 Transition Plan (June 15, 2021) (Ex. MD-073) (grace period to Aug. 15, 2021); Governor's release (June 15, 2021) (Ex. MD-076); MDH Amended Directive and Order Regarding Various Healthcare Matters, No. MDH 2021-06-15-03 (June 15, 2021) (Ex. MD-055); MDH Amended Directives and Orders Regarding Vaccination Matters, Nos. MDH 2021-08-05-01, 2021-08-18-01 and 2021-09-08-01 (Aug. 5, Aug. 18 and Sept. 8, 2021) (Ex. MD-057; Ex. MD-058; Ex. MD-060) (first dose of all hospital and nursing-home staff by Sept. 1, 2021 or weekly testing); Ninth Administrative Order Clarifying COVID-19 Health Measures in Courthouses (Aug. 6, 2021; effective Aug. 9, 2021) (Ex. MD-091); Ex. AGY-ST-DMV-SOS-RECORDERS-042. ↩
  29. Executive Order 53 (Mar. 23, 2020; effective 11:59 p.m. Mar. 24, 2020) (Ex. VA-004) (retail limited to ten patrons); Executive Order 55 (Mar. 30, 2020) (Ex. VA-006); Amended Executive Order 53 (Apr. 15, 2020) (Ex. VA-007); Executive Order 61 and Order of Public Health Emergency Three (May 8, 2020; effective May 15, 2020) (Ex. VA-010); Executive Order 67 (June 30, 2020; effective July 1, 2020) (Ex. VA-014); Executive Order 63 (May 26, 2020) (Ex. VA-012) (directing emergency temporary standards); 16VAC25-220 Emergency Temporary Standard (adopted July 15, 2020; effective July 27, 2020) (Ex. VA-036; Ex. AGY-ST-LABOR-WORKPLACE-001); 16VAC25-220 Final Permanent Standard (Jan. 13, 2021; effective Jan. 27, 2021) (Ex. VA-037); Executive Order 72 (Dec. 10, 2020; effective Dec. 14, 2020) (Ex. VA-016); Executive Order 79 (May 14, 2021; effective May 28, 2021) (Ex. VA-017); Ex. SEC-08-004 (DMV closed Mar. 18 to May 18, 2020); Ex. AGY-ST-DMV-SOS-RECORDERS-084 (State Corporation Commission). ↩
  30. Executive Order No. 121 (Mar. 27, 2020; effective 5:00 p.m. Mar. 30, 2020) (Ex. NC-005); Executive Order No. 131 (Apr. 9, 2020; effective Apr. 13, 2020) (Ex. NC-008); Executive Order No. 138 (May 5, 2020; effective 5:00 p.m. May 8, 2020) (Ex. NC-010) ("vehicle dealerships" at fifty percent); Executive Order No. 147 (June 24, 2020; effective June 26, 2020) (Ex. NC-013); Executive Order No. 181 (Dec. 8, 2020; effective Dec. 11, 2020) (Ex. NC-023); Executive Order No. 188 (Jan. 6, 2021) (Ex. NC-024); Executive Order No. 215 (May 14, 2021) (Ex. NC-029); S.L. 2020-3, §§ 2.10, 2.11, 4.7 (May 4, 2020) (Ex. NC-034; Ex. AGY-ST-DMV-SOS-RECORDERS-043) (§ 4.7(a)(13)-(24): dealer plates, manufacturer and distributor licenses); Executive Order No. 224 (July 29, 2021) (Ex. NC-031); Mecklenburg County Stay at Home Order FAQ (Mar. 25, 2020) (Ex. MET-CLT-019). ↩
  31. Executive Order 04.02.20.01 (Apr. 2, 2020) (Ex. GA-010); Executive Order 04.03.20.02 (Apr. 3, 2020) (Ex. GA-021); Executive Order 03.25.20.01 (Ex. GA-007); Executive Order 04.09.20.01 (Ex. GA-015) (remote notarization); Executive Order 04.23.20.02 (Apr. 23, 2020; effective May 1, 2020) (Ex. GA-018); Executive Order 06.11.20.01 (June 11, 2020) (Ex. GA-024); Executive Order 03.31.21.03 (Mar. 31, 2021; effective Apr. 8, 2021) (Ex. GA-034); Executive Order 04.30.21.01 (Ex. GA-035); Executive Order 06.22.21.01 (June 22, 2021) (Ex. GA-039) (public health emergency to July 1, 2021); Executive Order 06.30.21.01 (Ex. GA-041) and 06.30.21.02 (Ex. GA-042) (Economic Recovery State of Emergency and regulatory suspensions); Executive Order 08.19.21.03 (Aug. 19, 2021) (Ex. GA-043); Executive Order 09.20.21.02 (Sept. 20, 2021) (Ex. GA-061). ↩
  32. Executive Order 20-89 (Mar. 30, 2020) (Ex. FL-017); Executive Order 20-91 (Apr. 1, 2020; effective 12:01 a.m. Apr. 3, 2020) (Ex. FL-010); Executive Order 20-92 (Ex. FL-018); Executive Order 20-112 (Apr. 29, 2020; effective May 4, 2020) (Ex. FL-022); Executive Order 20-244 (Sept. 25, 2020) (Ex. FL-047); FLHSMV COVID-19 Emergency Order 041320 (Apr. 13, 2020) (Ex. FL-090); Executive Order 21-102 (May 3, 2021) (Ex. FL-060); Chapter 2021-8, Laws of Florida (SB 2006) (effective July 1, 2021) (Ex. FL-030); Emergency Executive Order No. 2020-04 (Orange County, Mar. 24, 2020) (Ex. MET-ORL-004); Emergency Order No. 3 (Osceola County, Mar. 27, 2020) (Ex. MET-ORL-017). ↩
  33. Executive Order GA-08 (Mar. 19, 2020) (Ex. TX-003); Executive Order GA-14 (Mar. 31, 2020; effective 12:01 a.m. Apr. 2, 2020) (Ex. TX-008); Executive Order GA-18, ¶ 2(i) (Apr. 27, 2020) (Ex. TX-011); Texans Helping Texans: The Governor's Report to Open Texas (Apr. 27, 2020; effective May 1, 2020) (Ex. TX-043); Executive Order GA-21 (May 5, 2020) (Ex. TX-014); Executive Order GA-26 (June 3, 2020) (Ex. TX-019); Executive Order GA-28 (June 26, 2020) (Ex. TX-021); Executive Order GA-29 (July 2, 2020; effective July 3, 2020) (Ex. TX-022); Executive Order GA-32 (Oct. 7, 2020; effective Oct. 14, 2020) (Ex. TX-025) and the DSHS list of Trauma Service Areas (Ex. TX-026); Executive Order GA-34 (issued Mar. 2, 2021; effective 12:01 a.m. Mar. 10, 2021) (Ex. TX-029); Executive Order GA-36 (May 18, 2021) (Ex. TX-031); Executive Order GA-38 (July 29, 2021) (Ex. TX-036); Ex. TX-069; Ex. SEC-08-004 (DPS and TxDMV closures of Mar. 19, 2020); Ex. AGY-ST-DMV-SOS-RECORDERS-044; Denton County Commissioners Court Stay at Home Orders (Mar. 31, Apr. 7 and Apr. 14, 2020) (Ex. MET-DFW-079; Ex. MET-DFW-080; Ex. MET-DFW-081) ("showrooms must remain closed"); Dallas County Amended Orders (Mar. 22, Mar. 29, Apr. 2 and Apr. 23, 2020) (Ex. MET-DFW-005; Ex. MET-DFW-007; Ex. MET-DFW-010; Ex. MET-DFW-015) ("in-person mechanical services or to complete" online sales); Bexar County Executive Order NW-03 (Mar. 23, 2020; effective 11:59 p.m. Mar. 24, 2020) (Ex. MET-SAT-007) and its predecessor of Mar. 18, 2020 (Ex. MET-SAT-004); San Antonio Emergency Order No. 5 (Ex. MET-SAT-006); State v. El Paso County, No. 08-20-00226-CV (Tex. App. Nov. 13, 2020) (Ex. TX-047). ↩
  34. Proclamation 30 JBE 2020 (Mar. 16, 2020) (Ex. LA-003); Proclamation 33 JBE 2020 (Mar. 22, 2020; effective 5:00 p.m. Mar. 23, 2020) (Ex. LA-005); Proclamations 41 and 52 JBE 2020 (Ex. LA-007; Ex. LA-009); Proclamation 58 JBE 2020 (May 14, 2020; Phase 1 May 15, 2020) (Ex. LA-010); Proclamation 89 JBE 2020 (July 11, 2020; effective July 13, 2020) (Ex. LA-014); Proclamation 168 JBE 2020 (Nov. 24, 2020) (Ex. LA-023); 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); Ex. AGY-ST-DMV-SOS-RECORDERS-097 (OMV closures). ↩
  35. Executive Order No. 15 (Mar. 19, 2020) (Ex. TN-002; Ex. AGY-ST-DMV-SOS-RECORDERS-005); Executive Order No. 22 (Mar. 30, 2020; effective 11:59 p.m. Mar. 31, 2020) (Ex. TN-007); Executive Order No. 30 (Apr. 28, 2020; effective Apr. 29, 2020) (Ex. TN-013); Executive Order No. 36 (May 12, 2020) (Ex. TN-017); Executive Order No. 54 (July 3, 2020) (Ex. TN-021); Executive Order No. 82 (July 30, 2021) (Ex. TN-034); Sumner County Safer at Home Declaration (Mar. 23, 2020) (Ex. TN-076). ↩
  36. Ex. KY-008; Executive Order 2020-257 (Mar. 25, 2020) (Ex. KY-010); 2020 Senate Bill 150 (Mar. 30, 2020) (Ex. KY-012); Executive Order 2020-275 (Apr. 8, 2020) (Ex. KY-014); Ex. KY-017; Ex. SEC-08-010; Executive Order 2020-586 (July 9, 2020) (Ex. KY-022); Executive Order 2020-968 (Nov. 18, 2020; effective Nov. 20, 2020; reopening at fifty percent from Dec. 14, 2020) (Ex. KY-033); Healthy at Work Minimum Requirements for All Entities (version effective Apr. 19, 2021; sixty percent capacity; masks; telework) (Ex. KY-018); Ex. KY-049; Executive Order 2021-585 (Aug. 10, 2021) (Ex. KY-052); 2021 Special Session House Joint Resolution 1 (Sept. 7, 2021) (Ex. KY-056); Fayette County Clerk notices (Mar. 27 and May 19, 2020) (Ex. MET-SDF-021; Ex. MET-SDF-022; see Ex. MET-SDF-008); KYTC driver licensing changes (Ex. AGY-ST-DMV-SOS-RECORDERS-029; Ex. AGY-ST-DMV-SOS-RECORDERS-030). ↩
  37. Order of the State Health Officer, amended Mar. 27, 2020 (effective 5:00 p.m. Mar. 28, 2020) (Ex. AL-011) (six retail categories, entertainment and personal-care businesses closed; gatherings of ten or more prohibited; non-emergency procedures postponed); amended Apr. 3, 2020 (effective 5:00 p.m. Apr. 4, 2020) (Ex. AL-013); amended Apr. 28, 2020 (effective Apr. 30, 2020) (Ex. AL-017); amended July 15, 2020 (effective July 16, 2020) (Ex. AL-027); amended Mar. 4, 2021 (to Apr. 9, 2021) (Ex. AL-045); Proclamation, State of Emergency (Aug. 13, 2021) (Ex. AL-052); Ex. AGY-ST-DMV-SOS-RECORDERS-099. ↩
  38. Executive Order 1466 (Apr. 1, 2020; effective Apr. 3, 2020) (Ex. MS-009); Executive Order 1477 (Apr. 24, 2020; effective Apr. 27, 2020) (Ex. MS-014); Executive Order 1467 (Apr. 6, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-113); Husch Blackwell Mississippi tracker (Ex. MS-076) (confirmed from a secondary source). ↩
  39. ADH Directive of Mar. 19, 2020 (Ex. AR-035); Executive Order 20-10 (Mar. 26, 2020) (Ex. AR-002); Executive Order 20-13 (Apr. 4, 2020) (Ex. AR-003); Executive Order 20-43 (July 16, 2020; effective 12:01 a.m. July 20, 2020) (Ex. AR-009) and ADH Face Coverings Directive (July 18, 2020; effective July 20, 2020) (Ex. AR-060) (the statewide mask mandate, to Mar. 31, 2021); ADH Face Coverings directive as converted to guidance Apr. 1, 2021 (Ex. AR-070); Executive Order 21-03 (Feb. 26, 2021) (Ex. AR-014); Executive Order 21-14 (July 29, 2021) (Ex. AR-017). ↩
  40. Executive Order No. 2020-10 (Mar. 17, 2020) (Ex. SC-003); Executive Order No. 2020-11 (Mar. 19, 2020) (Ex. SC-004); Executive Order No. 2020-21 (Apr. 6, 2020; effective 5:00 p.m. Apr. 7, 2020) (Ex. SC-013); SCDMV COVID-19 Update #1 (Mar. 26, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-026) and COVID-19 Related Information page (Apr. 8, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-024); Executive Orders No. 2021-11 and 2021-12 (Mar. 1 and 5, 2021) (Ex. SC-032; Ex. SC-033); Executive Order No. 2021-25 (May 22, 2021) (Ex. SC-036); Order re Operation of the Trial Courts (as amended June 15, 2021) (Ex. SC-054). ↩
  41. Fourth Amended Executive Order 2020-07 (Mar. 24, 2020) (Ex. OK-006); Seventh Amended Executive Order 2020-07 (Apr. 1, 2020) (Ex. OK-011); Oklahoma Essential Industries List (Apr. 1, 2020) (Ex. OK-014); First Amended Executive Order 2021-07 (Mar. 12, 2021) (Ex. OK-039); Executive Order 2021-11 (May 3, 2021; effective May 4, 2021) (Ex. OK-041); Norman Ordinance O-2021-3 (July 7, 2020; extended to June 1, 2021) (Ex. OK-080). ↩
  42. Executive Order 9-20 (Mar. 23, 2020; effective 8:00 p.m. Mar. 24, 2020) (Ex. WV-009); Executive Order 39-20 (May 19, 2020; effective May 21, 2020) (Ex. WV-033); Executive Order 50-20 (July 6, 2020; effective 12:01 a.m. July 7, 2020) (Ex. WV-041) (statewide indoor face-covering requirement); Executive Order 77-20 (Nov. 13, 2020; effective Nov. 14, 2020) (Ex. WV-051) (broadened, with the business enforcement duty); Executive Order 20-21 (June 18, 2021; effective 12:01 a.m. June 20, 2021) (Ex. WV-066) (terminating the face-covering order); Executive Order 12-21 (Apr. 19, 2021; terminations effective Apr. 20, 2021) (Ex. WV-063); Proclamation, State of Emergency (Mar. 16, 2020) (Ex. WV-001); Executive Order 13-21 (Apr. 30, 2021) (Ex. WV-064); Executive Order 23-21 (July 20, 2021; effective 12:01 a.m. Oct. 1, 2021) (Ex. WV-067) (terminating the vehicle-inspection deadline suspension of Executive Order 7-20, § 14). The West Virginia showroom entry rests on an image-only exhibit and is described by category. ↩
  43. Executive Order 2020-10 (Mar. 20, 2020; effective 5:00 p.m. Mar. 21, 2020) (Ex. IL-005); Executive Order 2020-08 (Mar. 17, 2020) (Ex. IL-006) (suspension of expirations); Secretary of State release (Mar. 16, 2020) (Ex. IL-055) and Driver Services closure notice (Mar. 17, 2020) (Ex. IL-053); Executive Order 2020-32 (Apr. 30, 2020) (Ex. IL-013); Executive Order 2020-38 (May 29, 2020) (Ex. IL-016); Executive Order 2020-43 (June 26, 2020) (Ex. IL-019); Executive Order 2020-73 (Nov. 18, 2020; effective 12:01 a.m. Nov. 20, 2020) (Ex. IL-031); Executive Order 2020-74 (Dec. 11, 2020) (Ex. IL-032); Secretary of State releases (Nov. 2020, Dec. 2020, Jan. 4, 2021) (Ex. IL-056; Ex. IL-057; Ex. IL-058) (second closure Nov. 17, 2020 to Jan. 5, 2021); Executive Order 2021-12 (June 11, 2021) (Ex. IL-037); Executive Order 2021-20 (Aug. 26, 2021; universal indoor mandate from Aug. 30, 2021) (Ex. IL-042); Ex. AGY-ST-DMV-SOS-RECORDERS-082; Ex. ECO-C-113. ↩
  44. Executive Order 20-08 (Mar. 23, 2020; effective 11:59 p.m. Mar. 24, 2020) (Ex. IN-006); Executive Order 20-18 (Apr. 6, 2020) (Ex. IN-016) ("auto sales"); BMV Announces 2-Week Branch Closure (Mar. 23, 2020; effective Mar. 24, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-002); BMV additional branches open by appointment only (May 8, 2020; effective May 11, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-003); Executive Order 20-26 (May 1, 2020) (Ex. IN-024); Executive Order 20-37 (July 24, 2020; effective July 27, 2020) (Ex. IN-035); Executive Order 20-48 (Nov. 13, 2020; effective Nov. 15, 2020) (Ex. IN-046); Executive Order 21-09 (Mar. 31, 2021) (Ex. IN-059); Executive Order 21-17 (June 30, 2021; effective July 1, 2021) (Ex. IN-066); Executive Order 21-22 (Aug. 30, 2021) (Ex. IN-069); COVID-19 Control Measures under 410 IAC 1 (updated July 19, 2021) (Ex. IN-092). ↩
  45. Director's Stay at Home Order, §§ 12(k), 15 (Mar. 22, 2020) (Ex. OH-011); Am. Sub. H.B. 197, §§ 11, 22, 32 (Mar. 27, 2020) (Ex. OH-012); Ex. SEC-08-004 (181 deputy registrar locations closed from Mar. 19, 2020); Director's Stay Safe Ohio Order (Apr. 30, 2020; effective May 1, 2020) (Ex. OH-019); Director's Order for Facial Coverings (July 23, 2020) (Ex. OH-030); Director's Order for Retail and Business Compliance for Facial Coverings (Nov. 13, 2020; effective 12:01 a.m. Nov. 16, 2020) (Ex. OH-037); Director's Second Amended Order for Social Distancing, Facial Coverings and Non-Congregating (May 17, 2021; expiring 12:01 a.m. June 2, 2021) (Ex. OH-048). ↩
  46. Executive Order 2020-11 (Mar. 16, 2020) (Ex. MI-007); Executive Order 2020-20 (Mar. 21, 2020) (Ex. MI-010); Ex. MI-011; Ex. MI-017; Ex. MI-012; Ex. MI-020; Ex. MI-024; Ex. MI-026; Executive Order 2020-92 (May 18, 2020) (Ex. MI-028); Ex. MI-030; Ex. MI-031; Executive Order 2020-91 (May 18, 2020) (Ex. MI-027) (workplace safeguards); Executive Order 2020-161 (July 29, 2020) (Ex. MI-041); Executive Order 2020-175 (Sept. 3, 2020) (Ex. MI-043); MIOSHA Emergency Rules (Oct. 14, 2020) (Ex. MI-054); MDHHS Rescission of Emergency Orders (June 17, 2021; effective 12:01 a.m. June 22, 2021) (Ex. MI-076) (rescinding the Gatherings and Face Mask Order and related epidemic orders, the November 15, 2020 order among them); 2020 PA 127 (July 1, 2020) (Ex. MI-038) (registrations and licenses extended to Sept. 30, 2020); 2020 PA 238, COVID-19 Employment Rights Act (Oct. 22, 2020) (Ex. MI-057); Executive Order No. 2020-41 (Apr. 8, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-041); Oakland County Emergency Order 2020-5 (Mar. 24, 2020) (Ex. MET-DET-029); Wayne County Emergency Public Health Order No. 20-02 (Mar. 26, 2020) (Ex. MET-DET-031); Detroit Emergency Order for Control of Epidemic (Oct. 9, 2020) (Ex. MET-DET-001). ↩
  47. Emergency Executive Order 20-20 (Mar. 25, 2020; effective 11:59 p.m. Mar. 27, 2020) (Ex. MN-010); Emergency Executive Order 20-33 (Apr. 8, 2020) (Ex. MN-012); Emergency Executive Order 20-38 (Apr. 17, 2020; effective 5:00 a.m. Apr. 18, 2020) (Ex. MN-014); DPS-DVS offices close statewide until May 4 (Ex. MN-056) ("All DVS exam stations and driver's license agent offices are closed until May 4"); Emergency Executive Order 20-48 (Apr. 30, 2020) (Ex. MN-017); Emergency Executive Order 20-56 (May 13, 2020; effective 11:59 p.m. May 17, 2020) (Ex. MN-022); Emergency Executive Order 20-63 (May 27, 2020) (Ex. MN-024); Emergency Executive Order 20-74 (June 5, 2020) (Ex. MN-025); Emergency Executive Order 20-81 (July 22, 2020) (Ex. MN-027); Emergency Executive Order 20-99 (Nov. 18, 2020; effective 11:59 p.m. Nov. 20, 2020) (Ex. MN-032); Emergency Executive Order 21-11 (Mar. 12, 2021; telework mandate ended 11:59 p.m. Apr. 14, 2021, ¶ 7.a.i) (Ex. MN-037); Emergency Executive Order 21-21 (May 6, 2021; capacity and gathering limits ended 11:59 p.m. May 27, 2021, ¶ 2; Preparedness Plan requirement ended June 30, 2021, ¶ 3) (Ex. MN-038); Emergency Executive Order 21-23 (May 14, 2021; general mask mandate ended) (Ex. MN-039); Emergency Executive Order 21-24 (June 14, 2021; peacetime emergency extended) (Ex. MN-040); Laws of Minnesota 2021, First Special Session, ch. 12, art. 2, § 23 (June 30, 2021; peacetime emergency terminated 11:59 p.m. July 1, 2021) (Ex. MN-041). ↩
  48. Emergency Order #12 (Mar. 24, 2020; effective 8:00 a.m. Mar. 25, 2020) (Ex. WI-002) ("auto and motorcycle supply, repair and sales"); Emergency Order #28 (Apr. 16, 2020) (Ex. WI-003); Wisconsin Legislature v. Palm, 2020 WI 42 (May 13, 2020) (Ex. WI-007); WisDOT releases (Mar. 19, June 25 and Nov. 10, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-007; Ex. AGY-ST-DMV-SOS-RECORDERS-009; Ex. AGY-ST-DMV-SOS-RECORDERS-010); Governor's Emergency Order #1 (July 30, 2020; effective Aug. 1, 2020), issued under Wis. Stat. § 323.12(4)(b) (Ex. WI-009); Fabick v. Evers, 2021 WI 28 (Mar. 31, 2021) (Ex. WI-021); Order re Modification of Circuit Court Accommodations (May 21, 2021) (Ex. WI-029); Milwaukee Stay-At-Home Order (Mar. 23, 2020; effective Mar. 25, 2020) (Ex. MET-MKE-030). ↩
  49. Proclamation of Disaster Emergency (Mar. 17, 2020) (Ex. IA-002); Proclamation of Apr. 27, 2020 (effective May 1, 2020) (Ex. IA-012); Proclamation of May 13, 2020 (effective May 15, 2020) (Ex. IA-015); Proclamation of Nov. 10, 2020 (effective Nov. 11, 2020) (Ex. IA-029); Proclamation of Nov. 16, 2020 (effective Nov. 17, 2020) (Ex. IA-030); Proclamation of Jan. 7, 2021 (to Feb. 6, 2021) (Ex. IA-034); Proclamation of Feb. 5, 2021 (effective 12:01 a.m. Feb. 7, 2021; mask, remote-work, gathering, seated-service and surgery mandates ended; disaster emergency continued) (Ex. IA-035); Proclamations of July 23, Aug. 19 and Sept. 17, 2021 (continuing the Public Health Disaster Emergency to Aug. 22, Sept. 19 and Oct. 17, 2021, each reciting that strict compliance with Iowa law "would continue to prevent, hinder, or delay necessary action") (Ex. IA-039; Ex. IA-040; Ex. IA-041). ↩
  50. Executive Order 20-16 (Mar. 28, 2020; effective 12:01 a.m. Mar. 30, 2020) (Ex. KS-009) and its typed text with the KEFF list, 39 Kan. Reg. No. 14 (Apr. 2, 2020) (Ex. KS-010) ("sell ... automobiles"); Executive Order 20-12 (drivers' licenses), 39 Kan. Reg. No. 13 (Mar. 26, 2020) (Ex. KS-006); State of Disaster Emergency Proclamation (May 26, 2020) (Ex. KS-023); Executive Order 20-52 (July 2, 2020; effective July 3, 2020) (Ex. KS-030); Senate Bill 40 (Mar. 24, 2021; effective Mar. 25, 2021) (Ex. KS-040); 40 Kan. Reg. No. 13A (Apr. 1, 2021) (Ex. KS-049); KDHE travel and exposure quarantine mandate (as of Sept. 23, 2021) (Ex. KS-057). ↩
  51. DHSS Director's Order of Apr. 3, 2020 (effective 12:01 a.m. Apr. 6, 2020) (Ex. MO-004); St. Louis County Stay at Home Order (Mar. 21, 2020; effective 12:01 a.m. Mar. 23, 2020) (Ex. MET-STL-044); Stay at Home Order FAQ (Mar. 30, 2020) (Ex. MET-STL-057); Extension and Amendment of Stay at Home Order (Apr. 20, 2020) (Ex. MET-STL-077); Springfield-Greene County Road to Recovery Plan (Ex. MO-041); St. Louis County Safer At Home Order (Nov. 12, 2020; effective Nov. 17, 2020) (Ex. MET-STL-074); Columbia Health Director Order No. 2020-22 (Apr. 13, 2021) (Ex. MO-059); Executive Order 21-07 (Mar. 26, 2021) (Ex. MO-018) (emergency extended; terminated Aug. 27, 2021); RSMo 67.265 (HB 271) (June 15, 2021) (Ex. MO-021). ↩
  52. Directed Health Measure Order 2020-001 (Mar. 19, 2020) (Ex. NE-002); Directed Health Measure Order 2020-009 (Apr. 3, 2020) (Ex. NE-008); Executive Order 20-05 (Mar. 19, 2020) (Ex. NE-044; Ex. AGY-ST-DMV-SOS-RECORDERS-006) (motor-vehicle titling, registration and driver-license waiver to Aug. 31, 2020); Executive Order 20-25 (May 26, 2020) (Ex. NE-055); Executive Order 20-30 (July 2, 2020) (Ex. NE-058); Executive Order No. 20-13 (Apr. 1, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-046); Directed Health Measure Order 2020-DCHD-019 (Jan. 29, 2021) (Ex. NE-026); Husch Blackwell Nebraska tracker (Ex. NE-097) (confirmed from a secondary source). ↩
  53. Executive Order 2020-06 (Mar. 19, 2020; effective noon Mar. 20, 2020) (Ex. ND-005); State Health Officer Confinement Order 2020-02.1 (Apr. 8, 2020; restating Order 2020-02 of Mar. 28, 2020) (Ex. ND-021); State Health Officer Order 2020-02.4 (Sept. 21, 2020) (Ex. ND-056) (revoking the confinement order); State Health Officer Order 2020-08 (Nov. 13, 2020; effective 12:01 a.m. Nov. 14, 2020) (Ex. ND-061); Order 2020-08.1 (Dec. 9, 2020; to Jan. 18, 2021) (Ex. ND-066); Executive Order 2020-43.5 (Jan. 16, 2021) (Ex. ND-074); Executive Order 2021-09 (Apr. 30, 2021) (Ex. ND-081). ↩
  54. Executive Order 2020-12 (Apr. 6, 2020) (Ex. SD-009); Executive Order 2020-20 with the Back to Normal Plan (Apr. 28, 2020) (Ex. SD-017); Order Declaring Judicial Emergency (Mar. 13, 2020) (Ex. SD-045). ↩
  55. Executive Order N-33-20 (Mar. 19, 2020) (Ex. CA-002; Ex. CA-007); Essential Critical Infrastructure Workers list (Mar. 22, 2020) (Ex. CA-008); San Francisco Health Officer Order No. C19-07 (Mar. 16, 2020; effective 12:01 a.m. Mar. 17, 2020) (Ex. MET-SFO-001) and No. C19-07b (Mar. 31, 2020) (Ex. MET-SFO-002) ("automotive dealerships, but only for the purpose of providing auto-supply and auto-repair services"); Los Angeles County Safer at Home Orders (Mar. 21 and Apr. 10, 2020) (Ex. MET-LA-003; Ex. MET-LA-004); Placer County Health Officer Order (Apr. 10, 2020) (Ex. MET-SAC-030); San Diego County Order of the Health Officer (Apr. 8, 2020; effective Apr. 9, 2020) (Ex. MET-SAN-004); DMV releases of Mar. 16, Mar. 26, Apr. 14, May 8 and June 11, 2020 (Ex. AGY-ST-DMV-SOS-RECORDERS-012; Ex. AGY-ST-DMV-SOS-RECORDERS-018; Ex. AGY-ST-DMV-SOS-RECORDERS-013; Ex. AGY-ST-DMV-SOS-RECORDERS-014; Ex. AGY-ST-DMV-SOS-RECORDERS-015); Executive Order N-40-20, ¶ 13 (Mar. 30, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-076); Secretary of State releases AP20:035 and AP20:038 (Ex. AGY-ST-DMV-SOS-RECORDERS-077; Ex. AGY-ST-DMV-SOS-RECORDERS-079); State Public Health Officer Order of May 7, 2020 (effective May 8, 2020) (Ex. CA-015); City of Los Angeles Safer at Home (revised May 27, 2020) (Ex. MET-LA-032); CDPH Guidance for the Use of Face Coverings (June 18, 2020) (Ex. CA-016); State Public Health Officer Order of Aug. 28, 2020 (effective Aug. 31, 2020) (Ex. CA-017); Blueprint Activity and Business Tiers chart (Ex. CA-055); Los Angeles County Blueprint Tier 1 Order (Oct. 23, 2020) (Ex. MET-LA-010); Regional Stay at Home Order (Dec. 3, 2020; effective Dec. 5, 2020 in Southern California and the San Joaquin Valley) (Ex. CA-020); Ex. MET-LA-012 (Dec. 30, 2020); Los Angeles County Red Tier Order (Mar. 12, 2021; effective 12:01 a.m. Mar. 15, 2021) (Ex. MET-LA-071) ("automobile dealerships" at fifty percent); Orange and Yellow Tier Orders (Apr. 14 and May 5, 2021) (Ex. MET-LA-015; Ex. MET-LA-016); Cal/OSHA COVID-19 Prevention ETS (effective Nov. 30, 2020) (Ex. CA-023) and Finding of Emergency (Nov. 19, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-002); Ex. CA-024; Ex. CA-067; Executive Order N-07-21 (June 11, 2021; effective June 15, 2021) (Ex. CA-027); State Public Health Officer Order of June 11, 2021 (Beyond the Blueprint) (Ex. CA-029); Ex. AGY-ST-TRADE-BOARDS-050; Ex. AGY-ST-TRADE-BOARDS-051; Ex. AGY-ST-TRADE-BOARDS-052. ↩
  56. Executive Order D 2020 013 (Mar. 22, 2020; effective Mar. 24, 2020) (Ex. CO-010); Public Health Order 20-24 (Mar. 22, 2020) (Ex. CO-011); Executive Order D 2020 017 (Mar. 25, 2020; effective 6:00 a.m. Mar. 26, 2020) (Ex. CO-012); Second Updated PHO 20-24 (Mar. 27, 2020) (Ex. CO-013); Third Updated PHO 20-24 (Apr. 1, 2020; effective 6:00 a.m. Apr. 2, 2020) (Ex. CO-016) ("automobile online sales with no touch delivery service"; dealership repair "but not in person retail sales"); Executive Order D 2020 015 (Mar. 25, 2020) (Ex. CO-087) (authorizing emergency rules of State agencies including the Department of Revenue); Public Health Order 20-28 (Apr. 26, 2020; effective 6:00 a.m. Apr. 27, 2020) (Ex. CO-020); Executive Order D 2020 138 (July 16, 2020; effective July 17, 2020) (Ex. CO-031); Public Health Order 20-35 (Sept. 15, 2020) (Ex. CO-033); Public Health Order 20-36 (Nov. 2, 2020) (Ex. CO-036); First Amended PHO 20-36 (Nov. 17, 2020) (Ex. CO-081); Second Amended PHO 20-36 (Nov. 20, 2020) (Ex. CO-037); Public Health Order 20-38 (Apr. 15, 2021; effective 12:01 a.m. Apr. 16, 2021) (Ex. CO-051); Fourth Amended PHO 20-38 (June 30, 2021; effective July 1, 2021) (Ex. CO-041); Sixth Amended PHO 20-38 (Aug. 31, 2021; effective Sept. 1, 2021) (Ex. CO-091); Healthy Families and Workplaces Act (Ex. AGY-ST-LABOR-WORKPLACE-004). ↩
  57. Declaration of Emergency Directive 003 (Mar. 20, 2020; effective 11:59 p.m.) (Ex. NV-004); Emergency Regulation amending NAC ch. 414 (Mar. 20, 2020) (Ex. NV-005); Ex. NV-064; Ex. NV-014; Directive 010 (Mar. 31, 2020; effective Apr. 1, 2020) (Ex. NV-012); Ex. NV-016; Directive 021 (May 28, 2020; effective 12:01 a.m. May 29, 2020) (Ex. NV-017); Directive 024 (June 24, 2020; effective 11:59 p.m. June 25, 2020) (Ex. NV-019); Directive 035 (Nov. 22, 2020; effective 12:01 a.m. Nov. 24, 2020) (Ex. NV-030); Directive 044 (Apr. 19, 2021) (Ex. NV-038); Industry Notice 2021-48 (May 26, 2021; effective June 1, 2021) (Ex. NV-074); Ex. NV-041; Ex. NV-042; Updated Nevada COVID-19 Guidance (July 29, 2021) (Ex. NV-067); Nevada OSHA Memorandum (Apr. 23, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-028); Directive 004 (Mar. 20, 2020) (Ex. NV-006) (Department of Motor Vehicles closed from Mar. 16, 2020, with credential extensions; carried to June 30, 2020; appointment-only service from June 15, 2020); Directive 032 (Sept. 11, 2020) (Ex. NV-027) (licenses and identification cards expiring Mar. 12 to Nov. 12, 2020 deemed valid); Ex. SEC-08-004 (the AAMVA table's Mar. 17, 2020 closure entry). ↩
  58. Proclamation 20-25 (Mar. 23, 2020) (Ex. WA-016) and its Appendix, Essential Critical Infrastructure Workers (Ex. WA-017); Proclamation 20-25.3 (May 4, 2020) (Ex. WA-031) ("vehicle and vessel sales"); Proclamation 20-41 (Apr. 3, 2020) (Ex. WA-025) (Department of Licensing renewal extensions); Emergency rule WAC 296-800-14035 (May 26, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-050; Ex. AGY-ST-LABOR-WORKPLACE-078), readopted Dec. 16, 2020 (Ex. WA-099) and May 24, 2021 (Ex. WA-067); Proclamation 20-25.8 (Nov. 15, 2020; effective 12:01 a.m. Nov. 17, 2020) (Ex. WA-047); Proclamation 20-25.12 (Jan. 11, 2021) (Ex. WA-056); Healthy Washington - Roadmap to Recovery (May 18, 2021 version) (Ex. WA-064); Proclamation 20-25.13 (May 21, 2021) (Ex. WA-065); Proclamation 20-25.14 (July 1, 2021) (Ex. WA-072); Order of the Secretary of Health 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); Ex. SEC-08-004 (Department of Licensing closed Mar. 31, 2020). ↩
  59. Executive Order 20-12 (Mar. 23, 2020) (Ex. OR-007); Executive Order 20-66 (Dec. 2, 2020; effective Dec. 3, 2020) (Ex. OR-035) ("Risk and Protection Framework: County-by-County Metrics-Based Approach"); Executive Order 21-15 (June 25, 2021; effective 12:01 a.m. June 30, 2021) (Ex. OR-043); OAR 333-019-1025 (temporary rule PH 35-2021; effective Aug. 13, 2021) (Ex. OR-048); Oregon OSHA AO 10-2021 (Aug. 13, 2021) (Ex. OR-049); ODOT/DMV bulletin (June 29, 2021) (Ex. OR-057) (lobby limits to June 30, 2021; offices closed from Mar. 18, 2020); Oregon OSHA AO 12-2021 (Sept. 14, 2021; effective Sept. 16, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-021). ↩
  60. Public Health Emergency Order (Mar. 23, 2020; effective 8:00 a.m. Mar. 24, 2020) (Ex. NM-006) ("automobile repair facilities"); Ex. SEC-08-004 ("All MVD offices around the state will be closed effective immediately until further notice"); Public Health Emergency Order of May 15, 2020 (effective May 16, 2020) (Ex. NM-016); Public Health Emergency Order of June 15, 2020 (Ex. NM-022); Public Health Emergency Order of Nov. 13, 2020 (effective Nov. 16, 2020) (Ex. NM-039); Public Health Emergency Order of Nov. 30, 2020 (effective Dec. 2, 2020) (Ex. NM-041); Public Health Emergency Order of June 2, 2021 (Ex. NM-057); Public Health Emergency Order of June 30, 2021 (effective July 1, 2021) (Ex. NM-060); Executive Order 2021-049 (Aug. 16, 2021) (Ex. NM-065); Public Health Emergency Order of Aug. 17, 2021 (mask directive from Aug. 20, 2021) (Ex. NM-067); Public Health Emergency Order of Sept. 15, 2021 (Ex. NM-070). ↩
  61. Executive Order 2020-12 (Mar. 23, 2020) (Ex. AZ-005) (Prohibiting the Closure of Essential Services); Executive Order 2020-18 (Mar. 30, 2020; effective 5:00 p.m. Mar. 31, 2020) (Ex. AZ-010); ADOT MVD Update: office appointments required from Mar. 23, 2020 (Mar. 20, 2020) (Ex. AZ-094) ("nearly 12,000 daily customers"); Executive Order 2020-36 (May 12, 2020; effective May 16, 2020) (Ex. AZ-019); Executive Order 2020-43 (June 29, 2020) (Ex. AZ-022); ADHS Emergency Measure 2020-02 (Aug. 10, 2020) (Ex. AZ-029); Executive Order 2021-05 (Mar. 5, 2021) (Ex. AZ-036); Executive Order 2021-06 (Mar. 25, 2021) (Ex. AZ-037); Executive Order 2021-16 (July 2, 2021; rescissions effective July 1, July 9 and Sept. 29, 2021) (Ex. AZ-044); Regulations Requiring Face Coverings in Maricopa County (June 19, 2020; effective June 20, 2020) (Ex. MET-PHX-001) and Amended Regulations (June 26, 2020) (Ex. MET-PHX-023); Maricopa County Recorder notice (Ex. AGY-ST-DMV-SOS-RECORDERS-054); Arizona Corporation Commission notice (Mar. 24-25, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-094). The Arizona showroom entry rests on an image-only list and is described by category. ↩
  62. The Governor's Coronavirus Directive for Utah, Stay Safe, Stay Home (Mar. 27, 2020) (Ex. UT-004); State Public Health Order of Mar. 21, 2020 (Ex. UT-002); Executive Order 2020-18 (Apr. 29, 2020; effective Apr. 30, 2020) (Ex. UT-011) (Temporarily Suspending Certain Provisions of the Utah Code Regarding Vehicle Registration); Executive Order 2020-19 (Apr. 29, 2020; effective 12:01 a.m. May 1, 2020) (Ex. UT-012) (moving the State to the Phased Guidelines' "Orange" level and making the Guidelines mandatory); Phased Guidelines, Version 4.1 (May 6, 2020) (Ex. UT-013); Wasatch County Stay Safe Stay Home Order (Mar. 30, 2020) (Ex. UT-055); State Public Health Order 2020-17 (Oct. 14, 2020) (Ex. UT-025) (Department of Health statewide public health emergency, in force through the third quarter of 2021); Executive Order 2020-73 (Nov. 8, 2020; effective Nov. 9, 2020) (Ex. UT-029) (statewide mask mandate with business duties); State Public Health Order 2021-9 (Mar. 26, 2021; mask requirement to Apr. 9, 2021) (Ex. UT-039); H.B. 294, Pandemic Emergency Powers Amendments (Mar. 24, 2021) (Ex. UT-040); State Public Health Order 2021-11 (May 4, 2021) (Ex. UT-043); Administrative Orders for Court Operations During Pandemic (June 3, 2021; July 28, 2021, effective July 30, 2021 (courthouse masks); Aug. 12, 2021 (in-person oral arguments suspended through Sept. 30, 2021); Sept. 17, 2021) (Ex. UT-050; Ex. UT-051; Ex. UT-052; Ex. UT-053). ↩
  63. Third Supplementary Proclamation (Mar. 23, 2020; effective 12:01 a.m. Mar. 25, 2020) (Ex. HI-004); Second Supplementary Proclamation (Mar. 21, 2020; effective 12:01 a.m. Mar. 26, 2020) (Ex. HI-003) (traveler quarantine); Seventh Supplementary Proclamation (May 5, 2020; effective May 7, 2020) (Ex. HI-008; Ex. HI-074; Ex. HI-075) ("car dealerships"); Fifteenth Proclamation (Nov. 16, 2020) (Ex. HI-016) (statewide face covering); Twenty-First Proclamation (June 7, 2021) (Ex. HI-023); Emergency Proclamation Related to the COVID-19 Response (Aug. 5, 2021) (Ex. HI-024); Honolulu Emergency Order No. 2020-04 (Apr. 2, 2020; effective 4:30 p.m. Apr. 3, 2020) (Ex. MET-HNL-006) ("On-Line Automobile Sales"); Emergency Order No. 2020-09 (Apr. 29, 2020; effective 4:30 p.m. Apr. 30, 2020) (Ex. MET-HNL-009); Emergency Order No. 2020-27 (Sept. 23, 2020; effective Sept. 24, 2020) (Ex. MET-HNL-021); Emergency Orders No. 2020-30 and 2020-31 (Nov. 19 and Dec. 23, 2020) (Ex. MET-HNL-023; Ex. MET-HNL-024); Emergency Order No. 2021-08 (June 9, 2021) (Ex. MET-HNL-030); Ex. MET-HNL-032; Ex. MET-HNL-035; Ex. MET-HNL-037; Ex. MET-HNL-038. ↩
  64. Idaho Order to Self-Isolate (Mar. 25, 2020) (Ex. ID-003); Idaho Rebounds Stage 3 Guidelines (Feb. 2, 2021) (Ex. ID-012) and Stage 4 Guidelines (May 11, 2021) (Ex. ID-013); Ada County Administrative Order No. 21-08-06-01 (Aug. 6, 2021; effective Aug. 9, 2021) (Ex. ID-084); Montana Stay at Home Directive (Mar. 26, 2020; effective 12:01 a.m. Mar. 28, 2020) (Ex. MT-009) and Directive of Apr. 2, 2020 (Ex. MT-028); Phase One Directive (Apr. 22, 2020) (Ex. MT-013); Phase Two Directive (May 19, 2020) (Ex. MT-014); Face Covering Directive (July 15, 2020) (Ex. MT-016) (mandatory face coverings in every business in counties with four or more active cases); Directive of Nov. 17, 2020 (effective Nov. 20, 2020) (Ex. MT-018) (statewide face coverings); Directives Implementing Executive Order 2-2021 (Jan. 13 and Feb. 12, 2021) (Ex. MT-020; Ex. MT-021); Executive Order No. 10-2021 (June 30, 2021) (Ex. MT-022); House Bill 702 (2021), Mont. Code Ann. § 49-2-312 (May 7, 2021) (Ex. MT-072), Mont. Code Ann. § 50-2-116 as amended in 2021 (Ex. MT-073) and DPHHS Temporary Emergency Rule I (Aug. 31, 2021) (Ex. MT-042) (cited for the dates on which they barred or constrained vaccination and mask requirements); Wyoming Statewide Public Health Orders #1 and #2 (Mar. 19 and 20, 2020) (Ex. WY-004; Ex. WY-005); Order #4 (Dec. 7, 2020; effective Dec. 9, 2020) (Ex. WY-040); Twenty-third Continuations (Mar. 12, 2021; effective Mar. 16, 2021) (Ex. WY-050; Ex. WY-051); WDH release of May 13, 2021 (Ex. WY-058); Alaska COVID-19 Health Mandate 011 (Mar. 27, 2020; effective 5:00 p.m. Mar. 28, 2020) (Ex. AK-013) and Essential Services and Critical Workforce Infrastructure Order (Ex. AK-021). The Idaho showroom entry rests on an unverified record and is described by category. ↩
  65. Ex. NM-039; Ex. IL-031; Ex. IL-056; Ex. IL-057; Ex. IL-058; Ex. WA-047; Ex. MI-076 (reciting the MDHHS orders it rescinded); Ex. CO-037; Ex. NV-030; Ex. CA-020; Ex. MET-LA-012; Ex. PA-028; Ex. DE-033; Ex. RI-029; Ex. ME-042 and Ex. ME-082 (Maine's indoor cap of fifty from Nov. 4, 2020 and the 9 p.m. closing from Nov. 20, 2020); Ex. OH-037 (Ohio's retail compliance order with its twenty-four-hour closure sanction from Nov. 16, 2020); Ex. MN-032 (Minnesota's Four Week Dial Back from Nov. 20, 2020); Ex. KY-033 (Kentucky's winter restrictions from Nov. 20, 2020); Ex. DC-015 (the District's pause and telework requirement from Dec. 23, 2020); Ex. MA-040 (Massachusetts's twenty-five percent ceiling on offices, retail and sectors not otherwise addressed from Dec. 26, 2020); Ex. ID-010 and Ex. ID-011 (Idaho's Modified Stage 2 orders capping gatherings at ten from Nov. 14, 2020); see also Ex. MET-STL-074 (St. Louis County from Nov. 17, 2020); Ex. TX-025 and Ex. TX-026 (GA-32's fifty-percent rollback in eighteen Trauma Service Areas). ↩
  66. Ex. TX-029 (Mar. 10, 2021); Ex. CO-051 (Apr. 16, 2021); Ex. NC-029 (May 14, 2021); Ex. NY-054 (May 19, 2021); Ex. CT-046 (May 20, 2021); Ex. VA-017 (May 28, 2021); Ex. MA-048 (May 29, 2021); Ex. PA-022 as amended by Ex. PA-033 (expiring May 31, 2021); Ex. NV-038 and Ex. NV-074 (June 1, 2021); Ex. IL-037 (June 11, 2021); Ex. KY-049 (June 11, 2021); Ex. CA-027 and Ex. CA-029 (June 15, 2021); Ex. NY-049 (June 25, 2021); Ex. MI-076 (June 22, 2021); Ex. WA-065 and Ex. WA-072 (June 30 and July 1, 2021); Ex. OR-043 (June 30, 2021); Ex. ME-057 and Ex. ME-060 (June 30, 2021); Ex. NM-057 and Ex. NM-060 (July 1, 2021); Ex. MET-HNL-030, Ex. MET-HNL-032, Ex. MET-HNL-037 (Hawaii and Honolulu, no end within the period). ↩
  67. Ex. TX-008; Ex. TX-011; Ex. TX-029; Ex. TX-031; Ex. TX-036; Ex. TX-047; Ex. FL-047 (suspension of local fines); Ex. FL-060; Ex. FL-030; Ex. AZ-005; Ex. AZ-044; Ex. GA-041; Ex. GA-043 (Aug. 19, 2021, barring local rules on businesses during the Economic Recovery State of Emergency); Ex. GA-061. ↩
  68. Ex. MET-DFW-079; Ex. MET-DFW-080; Ex. MET-DFW-081; Ex. MET-DFW-005; Ex. MET-DFW-007; Ex. MET-DFW-010; Ex. MET-DFW-015; Dallas County Order on Required Use of a Face Mask in Certain Public Space (Aug. 11, 2021; effective 11:59 p.m.) (Ex. MET-DFW-028), with its FAQ (Ex. MET-DFW-029), re-issued Aug. 12, 2021 (Ex. MET-DFW-030) and modified Aug. 16, 2021 (Ex. MET-DFW-031); Tarrant County Executive Order (Apr. 21, 2020) (Ex. MET-DFW-047) and Executive Order of June 25, 2020 (effective 6:00 p.m. June 26, 2020) (Ex. MET-DFW-048); Harris County Stay Home, Work Safe Order (Mar. 24, 2020) (Ex. MET-HOU-005), extended Apr. 3, 2020 (Ex. MET-HOU-006); Harris County Order Regarding Health and Safety Policy and Face Coverings (June 19, 2020; effective June 22, 2020) (Ex. MET-HOU-016), amended July 1, 2020 (Ex. MET-HOU-020); Ex. MET-SAT-004; Ex. MET-SAT-006; Ex. MET-SAT-007; Dallas and Tarrant County Clerk notices (Ex. AGY-ST-DMV-SOS-RECORDERS-065; Ex. AGY-ST-DMV-SOS-RECORDERS-114; Ex. AGY-ST-DMV-SOS-RECORDERS-072); Trinity Metro notice of federal mask enforcement (Feb. 2, 2021) (Ex. MET-DFW-094). ↩
  69. Ex. MET-LA-003; Ex. MET-LA-004; Ex. MET-LA-032; Ex. MET-LA-010; Ex. MET-LA-012; Ex. MET-LA-071; Ex. MET-LA-015; Ex. MET-LA-016; Ex. MET-LA-018; Ex. MET-LA-021; Ex. MET-LA-022; Los Angeles County Health Care Worker Vaccination Requirement (Aug. 12, 2021) (Ex. MET-LA-023); LADWP disconnection moratorium (Mar. 24, 2020) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-060). ↩
  70. Ex. MET-SFO-001; Ex. MET-SFO-002; Santa Clara County Health Officer Order (May 18, 2020; effective May 22, 2020) (Ex. MET-SFO-023); San Francisco Health Officer Order No. C19-07y (June 11, 2021; effective June 15, 2021) (Ex. MET-SFO-008), updated Aug. 2, 2021 (effective Aug. 3, 2021) (Ex. MET-SFO-010) and Aug. 12, 2021 (effective Aug. 20, 2021 for patrons) (Ex. MET-SFO-011); Marin County Health Officer Order (Aug. 2, 2021; effective Aug. 3, 2021) (Ex. MET-SFO-049); Bay Area joint release of Aug. 2, 2021 (Ex. MET-SFO-071); Ex. MET-SAC-030; Ex. MET-SAN-004; San Diego County Limited Order of the Health Officer (June 14, 2021; effective June 15, 2021) (Ex. MET-SAN-022); Isolation Order (Dec. 24, 2020 version) (Ex. MET-SAN-023); Quarantine Order (Apr. 5, 2021 as revised July 22, 2021) (Ex. MET-SAN-024); San Diego ARCC closure notice (Mar. 19, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-057). ↩
  71. Ex. MET-HNL-006; Ex. MET-HNL-009; Ex. MET-HNL-021; Ex. MET-HNL-023; Ex. MET-HNL-024; Ex. MET-HNL-030; Ex. MET-HNL-032; Ex. MET-HNL-035; Ex. MET-HNL-037; Ex. MET-HNL-038; Maui County Public Health Emergency Rules, Supplemental Guidance (Mar. 28, 2020) (Ex. MET-HNL-043) and Rules as amended June 8, 2020 (Ex. MET-HNL-044); Hawaii County Mayor's COVID-19 Emergency Rule No. 2 (Apr. 17, 2020) (Ex. MET-HNL-053). ↩
  72. Philadelphia Emergency Order No. 2 (Mar. 22, 2020; effective 8:00 a.m. Mar. 23, 2020) (Ex. MET-PHL-003); Yellow Phase Order (May 29, 2020; effective June 5, 2020) (Ex. MET-PHL-005); Fall/Winter Order (Nov. 16, 2020; effective 5:00 p.m. Nov. 20, 2020) (Ex. MET-PHL-010); Full Reopening Order (June 15, 2021) (Ex. MET-PHL-018); Amendment to the Full Reopening Order, Additional Masking Requirements (Aug. 11, 2021; effective 12:01 a.m. Aug. 12, 2021) (Ex. MET-PHL-019); Board of Health Amendment to the Consolidated Safety Regulation (Aug. 13, 2021) (Ex. MET-PHL-020); Emergency Regulation Mandating Vaccines for Healthcare Workers and in Higher Education, Healthcare, and Related Settings (Aug. 16, 2021) (Ex. MET-PHL-021). ↩
  73. Chicago Public Health Order No. 2020-3 (Second Amended, May 29, 2020) (Ex. MET-CHI-007); Public Health Order No. 2020-11 (Oct. 23, 2020) (Ex. MET-CHI-021) (curfew on businesses outside the essential list); Public Health Order No. 2020-10 (July 2, 2020; effective July 6, 2020) (Ex. MET-CHI-019) (traveler quarantine); Public Health Order No. 2020-9 (Phase 5, June 11, 2021) (Ex. MET-CHI-018); Public Health Order No. 2021-1 (Aug. 20, 2021) (Ex. MET-CHI-026); Cook County Department of Public Health Order No. 2021-10 (Aug. 20, 2021; effective Aug. 23, 2021) (Ex. MET-CHI-041); Oak Park Indoor Mask Requirement (Aug. 5, 2021; effective Aug. 6, 2021) (Ex. MET-CHI-049); Cook County Clerk closure notice (Ex. AGY-ST-DMV-SOS-RECORDERS-052); Ex. AGY-ST-DMV-SOS-RECORDERS-082; McCormick Place reopening release (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-027). ↩
  74. Emergency Executive Order No. 102 (Mar. 20, 2020) (Ex. MET-NYC-005); Emergency Executive Order No. 103 (Mar. 25, 2020) (Ex. MET-NYC-006); Emergency Executive Order No. 225 (Aug. 16, 2021; effective Aug. 17, 2021) (Ex. MET-NYC-017); Emergency Executive Order No. 228 (Aug. 25, 2021) (Ex. MET-NYC-018); MTA release (Sept. 22, 2021) describing the $50 mask fine in force since Sept. 14, 2020 (Ex. MET-NYC-046) (confirmed from a secondary source). ↩
  75. Montgomery County Executive Order 067-20 (May 15, 2020) (Ex. MET-DCM-026); Board of Health Regulation, Council Resolution 19-975 (Aug. 5, 2021; effective Aug. 7, 2021) (Ex. MET-DCM-023), with the Notices of Substantial and High Transmission (Aug. 5 and Sept. 1, 2021) (Ex. MET-DCM-024; Ex. MET-DCM-025); Fairfax County government buildings closed (Mar. 24, 2020; effective 5:00 p.m. Mar. 27, 2020) (Ex. MET-DCM-091) (confirmed from a secondary source). ↩
  76. Atlanta Executive Order 2020-21 (Mar. 23, 2020) (Ex. MET-ATL-001); Fulton County Board of Health Administrative Order (Mar. 31, 2020) (Ex. MET-ATL-002); DeKalb County Executive Order No. 20-001 (Mar. 23, 2020) (Ex. MET-ATL-022); Cobb County Declaration of Emergency (Mar. 24, 2020) (Ex. MET-ATL-030); Atlanta Executive Order of July 28, 2021 (Ex. MET-ATL-063) (confirmed from a secondary source); Savannah Emergency Orders of July 26 and Aug. 24, 2021 (Ex. MET-ATL-016; Ex. MET-ATL-017); Ex. MET-PHX-001; Ex. MET-PHX-023; Maricopa County Administrative Order No. 2021-119 (Aug. 4, 2021; effective Aug. 9, 2021) (Ex. MET-PHX-016); Boston Order Requiring Face Coverings (Aug. 20, 2021; effective 8:00 a.m. Aug. 27, 2021) (Ex. MET-BOS-013) and Licensing Board Advisory (Aug. 23, 2021) (Ex. MET-BOS-014); Somerville Order and Regulation (Aug. 19, 2021; effective Aug. 20, 2021) (Ex. MET-BOS-063); Cambridge Amended Temporary Emergency Order (original effective Sept. 3, 2021) (Ex. MET-BOS-036); Chelsea closures page (Apr. 2020) (Ex. MET-BOS-110) (confirmed from a secondary source). ↩
  77. Ex. MET-DET-001; Ex. MET-DET-029; Ex. MET-DET-031; King County Local Health Officer Order (Mar. 16, 2020) (Ex. MET-SEA-008); Everett Mayoral Directive (Mar. 20, 2020; effective noon Mar. 23, 2020) (Ex. MET-SEA-039); Seattle Civil Emergency Order restricting delivery commissions (Apr. 24, 2020) (Ex. MET-SEA-012); King County Local Health Officer Outdoor and Indoor Masking Orders (Sept. 2, 2021; effective Sept. 7, 2021) (Ex. MET-SEA-002); Local Health Officer Verification of Vaccination Order (issued Sept. 16, 2021, effective immediately; entry requirements from Oct. 25, 2021, and from Dec. 6, 2021 for smaller establishments) (Ex. MET-SEA-001); Minneapolis Emergency Regulation No. 2020-12 (May 21, 2020; effective May 26, 2020) (Ex. MET-MSP-009) and No. 2020-17 (July 30, 2020) (Ex. MET-MSP-013); Resolution 2021R-177 (July 1, 2021) (Ex. MET-MSP-018); Saint Paul Emergency Executive Order 2021-33 (Aug. 3, 2021) (Ex. MET-MSP-041) and Orders 2021-35 and 2021-36 (Sept. 3 and 9, 2021) (Ex. MET-MSP-044). ↩
  78. Denver Stay at Home Public Health Order (Mar. 23, 2020; effective 5:00 p.m. Mar. 24, 2020) (Ex. MET-DEN-005) and Order of Apr. 24, 2020 (Ex. MET-DEN-007); Denver Public Health Order requiring vaccination of personnel of certain entities (Aug. 2, 2021) (Ex. MET-DEN-023), amended Sept. 1, 2021 to extend "personnel" to contractors and subcontractors (Ex. MET-DEN-025); Boulder County Public Health Order 2021-08 (Sept. 2, 2021; effective 5:00 p.m. Sept. 3, 2021) (Ex. MET-DEN-033); Ex. MET-STL-044; Ex. MET-STL-074; St. Louis County Face Covering Order (July 26, 2021) (Ex. MET-STL-069); City of St. Louis Health Commissioner's Orders No. 1 and No. 2 (2021) (July 26 and Aug. 30, 2021) (Ex. MET-STL-021; Ex. MET-STL-022); Ex. MO-041. ↩
  79. Clark County emergency ordinance (Mar. 20, 2020) (Ex. MET-LAS-001) (confirmed from a secondary source) and emergency ordinance adding Clark County Code 3.04.065 (Apr. 21, 2020) (Ex. MET-LAS-026); Clark County emergency mitigation measure of July 20, 2021 (effective July 22, 2021) (Ex. MET-LAS-006) (confirmed from a secondary source) and staff report (Ex. MET-LAS-007); Eighth Judicial District Administrative Order 21-05 (July 19, 2021) (Ex. MET-LAS-019); Washoe County notice of the State mask mandate effective July 30, 2021 (Ex. MET-LAS-037) (confirmed from a secondary source); New Orleans Mayoral Proclamation (Mar. 16, 2020; effective 6:00 a.m. Mar. 17, 2020) (Ex. MET-MSY-002) and Stay at Home Directives (Mar. 20, 2020) (Ex. MET-MSY-003); New Orleans Reopening Guidelines and Public Health Advisory of July 31, 2021 (Ex. MET-MSY-027; Ex. MET-MSY-028); Reopening Guidelines of Aug. 13, 2021 (effective 6:00 a.m. Aug. 16, 2021) and Public Health Advisory of Aug. 12, 2021 (Ex. MET-MSY-029; Ex. MET-MSY-030); Jefferson Parish Proclamation Number 10 CLS 2020 (July 1, 2020) (Ex. MET-MSY-054) and 13 CLS 2021 (Aug. 3, 2021; effective Aug. 4, 2021) (Ex. MET-MSY-063); Louisville Metro Resolution No. 066, Series 2021 (Aug. 12, 2021) (Ex. MET-SDF-005); Ex. MET-SDF-021; Ex. MET-MKE-030; Ex. MET-ORL-004; Ex. MET-ORL-017; Ex. MET-CLT-019; Mecklenburg County Register of Deeds notice (Ex. AGY-ST-DMV-SOS-RECORDERS-075). ↩
  80. Ex. SEC-08-005 (status as of Apr. 30, 2020) and Ex. SEC-08-004 (status as of May 12, 2020), both compilations confirmed from a secondary source and cited with the State exhibits in the notes above. ↩
  81. Ex. AGY-ST-DMV-SOS-RECORDERS-002; Ex. AGY-ST-DMV-SOS-RECORDERS-003 (Indiana); Ex. AGY-ST-DMV-SOS-RECORDERS-018; Ex. AGY-ST-DMV-SOS-RECORDERS-014; Ex. AGY-ST-DMV-SOS-RECORDERS-015; Ex. AGY-ST-DMV-SOS-RECORDERS-076 (California); Ex. NJ-107; Ex. AGY-ST-DMV-SOS-RECORDERS-019; Ex. AGY-ST-DMV-SOS-RECORDERS-027 (New Jersey); Ex. AGY-ST-DMV-SOS-RECORDERS-007; Ex. AGY-ST-DMV-SOS-RECORDERS-009; Ex. AGY-ST-DMV-SOS-RECORDERS-010 (Wisconsin); Ex. AGY-ST-DMV-SOS-RECORDERS-029; Ex. AGY-ST-DMV-SOS-RECORDERS-030; Ex. MET-SDF-021 (Kentucky); Ex. AGY-ST-DMV-SOS-RECORDERS-024; Ex. AGY-ST-DMV-SOS-RECORDERS-026 (South Carolina); Ex. AGY-ST-DMV-SOS-RECORDERS-099 (Alabama); Ex. AGY-ST-DMV-SOS-RECORDERS-097 (Louisiana); Ex. AZ-094 (Arizona). ↩
  82. Ex. IL-006; Ex. OH-012; Ex. NE-044; Ex. NE-058; Ex. TN-002; Ex. KS-006; Ex. MI-038; Ex. UT-011; Ex. FL-090; Ex. CT-062; Ex. WA-025; Ex. NC-034; Ex. AGY-ST-DMV-SOS-RECORDERS-043; Ex. ME-032; Ex. ME-040; Ex. TX-069; Ex. WV-067; see also Ex. AGY-ST-DMV-SOS-RECORDERS-005 (Tennessee), Ex. AGY-ST-DMV-SOS-RECORDERS-006 (Nebraska), Ex. AGY-ST-DMV-SOS-RECORDERS-013 (California license extensions, Apr. 14, 2020), Ex. AGY-ST-DMV-SOS-RECORDERS-021 (New Jersey extensions to Dec. 31, 2020). ↩
  83. Ex. DC-082; Ex. OR-057; Ex. NY-054; Ex. AGY-ST-DMV-SOS-RECORDERS-017; Proclamation 145 JBE 2021 (Aug. 6, 2021) (Ex. LA-037) and Proclamation 168 JBE 2021 (Aug. 31, 2021; effective Sept. 1, 2021) (Ex. LA-039) (Extension of Emergency Provisions, including the Office of Motor Vehicles' remote-service provisions). ↩
  84. Ex. PA-076; Ex. AGY-ST-DMV-SOS-RECORDERS-036; Ex. AGY-ST-DMV-SOS-RECORDERS-038; Ex. ECO-C-114; Ex. AGY-ST-DMV-SOS-RECORDERS-039; Ex. AGY-ST-DMV-SOS-RECORDERS-040 (to Dec. 15, 2021); Ex. AGY-ST-DMV-SOS-RECORDERS-041; Ex. AGY-ST-DMV-SOS-RECORDERS-042 (to Aug. 15, 2021); Ex. AGY-ST-DMV-SOS-RECORDERS-044 (for the duration of the Texas disaster); Ex. AGY-ST-DMV-SOS-RECORDERS-046; Ex. AGY-ST-DMV-SOS-RECORDERS-050 (Vermont, to thirty days after the emergency, which ended June 15, 2021); Ex. AGY-ST-DMV-SOS-RECORDERS-113 (Mississippi, for the duration of the emergency); Ex. ECO-C-113 (Illinois, for the duration of the disaster proclamation); Ex. GA-015; New Jersey P.L. 2020, c. 10 (Mar. 20, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-087) (government records during emergencies). ↩
  85. Ex. AGY-ST-DMV-SOS-RECORDERS-052 (Cook County Clerk); Ex. AGY-ST-DMV-SOS-RECORDERS-054 (Maricopa County Recorder: "Due to the Stay Home, Stay Healthy, Stay Connected Executive Order our public counters are closed until further notice"); Ex. AGY-ST-DMV-SOS-RECORDERS-057 (San Diego); Ex. AGY-ST-DMV-SOS-RECORDERS-065; Ex. AGY-ST-DMV-SOS-RECORDERS-114 (Dallas County Clerk, closed Mar. 24, 2020 "until the Stay Home Stay safe Order has been lifted"); Ex. AGY-ST-DMV-SOS-RECORDERS-072 (Tarrant County Clerk); Ex. AGY-ST-DMV-SOS-RECORDERS-075 (Mecklenburg); Ex. AGY-ST-DMV-SOS-RECORDERS-077; Ex. AGY-ST-DMV-SOS-RECORDERS-079 (California Secretary of State); Ex. AGY-ST-DMV-SOS-RECORDERS-080 (New York Department of State); Ex. AGY-ST-DMV-SOS-RECORDERS-082 (Illinois Secretary of State); Ex. AGY-ST-DMV-SOS-RECORDERS-084 (Virginia SCC); Ex. AGY-ST-DMV-SOS-RECORDERS-094 (Arizona Corporation Commission). ↩
  86. Ex. AGY-ST-TRADE-BOARDS-050; Ex. AGY-ST-TRADE-BOARDS-051; Ex. AGY-ST-TRADE-BOARDS-052 (Division 3 licenses expiring Mar. 31, 2020 through Oct. 31, 2021); Cal. Bus. & Prof. Code §§ 9880 et seq. (the Automotive Repair Act, in Division 3). ↩
  87. Ex. CA-023; Ex. AGY-ST-LABOR-WORKPLACE-002; Ex. CA-024; Ex. CA-067; Ex. VA-036; Ex. AGY-ST-LABOR-WORKPLACE-001; Ex. VA-037; 16VAC25-220 amendments (effective Sept. 8, 2021) (Ex. VA-038); Ex. OR-049; Ex. AGY-ST-LABOR-WORKPLACE-021; Ex. AGY-ST-LABOR-WORKPLACE-050; Ex. AGY-ST-LABOR-WORKPLACE-078; Ex. WA-099; Ex. WA-067; emergency rule readoptions of July 6, Aug. 23 and Sept. 20, 2021 (Ex. AGY-ST-LABOR-WORKPLACE-054; Ex. AGY-ST-LABOR-WORKPLACE-055; Ex. AGY-ST-LABOR-WORKPLACE-056); Ex. MI-054; MIOSHA Emergency Rules as amended May 24, 2021 (Ex. AGY-ST-LABOR-WORKPLACE-062) and Update of May 25, 2021 (Ex. AGY-ST-LABOR-WORKPLACE-063); MIOSHA Citation and Notification of Penalty issued to an equipment rental and sales business for violations of the COVID-19 Emergency Rules (May 2021) (Ex. AGY-ST-LABOR-WORKPLACE-065). ↩
  88. Ex. AGY-ST-LABOR-WORKPLACE-028 (Nevada OSHA Memorandum of Apr. 23, 2020, updating the Apr. 14, 2020 guidance: mandatory measures under Directives 003, 007 and 013 for essential businesses). ↩
  89. Ex. MI-011; Ex. MI-017; Ex. MI-026; Ex. PA-004; Ontario O. Reg. 82/20, "Closure of Places of Non-Essential Businesses" (Mar. 24, 2020; effective 11:59 p.m.) (Ex. FOR-005); Ex. FOR-006; Ex. FOR-007; Ex. FOR-008; Ex. FOR-009; Ex. FOR-035; Ex. FOR-036; Vietnam Directive 16/CT-TTg and the 2021 measures (Ex. FOR-033) (confirmed from a secondary source); Canada Orders in Council P.C. 2020-0157 and successors (Mar. 18-24, 2020; entry prohibition from Mar. 21, 2020) (Ex. FOR-001); Government of Canada, Easing border measures for fully vaccinated travellers (July 19, 2021; effective 12:01 a.m. Aug. 9, 2021) (Ex. FOR-004). ↩
  90. Ex. AGY-AVIATION-SURFACE-014 (civil penalties for violation of Emergency Order No. 32); Ex. AGY-USCG-PORTS-033; Ex. AGY-USCG-PORTS-037; Ex. AGY-USCG-PORTS-035; Ex. AGY-USCG-PORTS-044; Ex. AGY-USCG-PORTS-050; Port of Los Angeles Container Statistics (Ex. ECO-A-110) and as archived Oct. 2, 2021 (Ex. ECO-A-112); Ex. FED-216; Ex. FED-239; Exs. FED-232, FED-233, FED-234, FED-235 and Exs. FED-255, FED-256, FED-257, FED-258. ↩
  91. Ex. AGY-FED-FINANCIAL-003; Ex. AGY-FED-FINANCIAL-004; Ex. AGY-FED-FINANCIAL-048; Ex. FED-264; Ex. FED-268; Ex. FED-280; Education Week, The Coronavirus Spring: The Historic Closing of U.S. Schools (Ex. LAW-229) (every public school building in the country closed by Mar. 25, 2020; forty-eight States, four territories, the District and DoDEA closed for the rest of the year; at peak "at least 55.1 million students in 124,000 U.S. public and private schools") and Map (Ex. LAW-212; Ex. ECO-B-050); Ex. ECO-B-105; Ex. FED-020; Ex. MET-NYC-046; Ex. MET-DFW-094; Supreme Court of Texas, Thirty-Eighth Emergency Order (May 26, 2021; effective June 1, 2021) (Ex. ECO-C-069) and Fortieth Emergency Order (July 19, 2021; effective Aug. 1, 2021) (Ex. TX-040; Ex. ECO-C-070); Occupational Exposure to COVID-19; Emergency Temporary Standard, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080); California State Public Health Officer Order of Aug. 5, 2021, Health Care Worker Vaccine Requirement (Ex. ECO-B-083); 10 NYCRR 2.61 (Aug. 26, 2021) (Ex. NY-071); Ex. MET-LA-023; Ex. MET-PHL-021; Ex. MET-DEN-023; New Jersey Executive Order No. 252 (Aug. 6, 2021) (Ex. NJ-056). ↩
  92. Ex. AGY-TRIBAL-013; Navajo Nation Public Health Emergency Order No. 2021-011 (May 21, 2021) (Ex. AGY-TRIBAL-020) and No. 2021-014 (July 7, 2021; effective July 8, 2021) (Ex. AGY-TRIBAL-021); Mescalero Apache Tribe Executive Order 21-05 (Aug. 19, 2021; effective Aug. 20, 2021) (Ex. AGY-TRIBAL-040); Yakama Nation Public Safety Order No. 3 (June 26, 2020) (Ex. AGY-TRIBAL-054); Cherokee Nation Executive Order 2021-01-CTH (Ex. OK-090); 26 U.S.C. § 7871(a) (Ex. LAW-311); Merrion v. Jicarilla Apache Tribe, 455 U.S. 130, 137 (1982) (Ex. LAW-318). ↩
  93. Ex. AGY-TERRITORIES-002; Puerto Rico Administrative Bulletins No. OE-2021-058 (July 28, 2021; effective Aug. 16, 2021) (Ex. AGY-TERRITORIES-032) and No. OE-2021-062 (Aug. 5, 2021; effective Aug. 16, 2021) (Ex. AGY-TERRITORIES-033) (contractors of the Executive Branch); Ex. AGY-TERRITORIES-081; Guam Executive Orders No. 2021-19 (Aug. 20, 2021) (Ex. AGY-TERRITORIES-110) and No. 2021-20 (Aug. 24, 2021) (Ex. AGY-TERRITORIES-111); Ex. AGY-TERRITORIES-041. ↩
  94. Ex. HI-003 (Hawaii traveler quarantine); New York Executive Order No. 205 (June 24, 2020; effective June 25, 2020) (Ex. ECO-C-001) (traveler quarantine, to Apr. 1, 2021); Ex. MET-CHI-019; Ex. KS-057; Ex. ND-021; Ex. FED-170; Ex. ECO-B-050; Ex. AGY-ST-LABOR-WORKPLACE-003; Ex. AGY-ST-LABOR-WORKPLACE-004; Ex. FED-020; Ex. FED-051; Ex. FED-052; Ex. FED-080; Ex. ECO-B-083; the motor-vehicle and recorder instruments cited in the notes to the sector regulators section above. ↩
  95. Federal Reserve, The Beige Book (May 27, 2020) (Ex. LAW-218); The Beige Book (Dec. 2, 2020) (Ex. LAW-219); Monetary Policy Report (July 9, 2021), at 15 (Ex. LAW-221); The Beige Book (July 14, 2021) (Ex. LAW-220; Ex. ECO-A-106); The Beige Book (Sept. 8, 2021) (Ex. LAW-211; Ex. SEC-08-022; Ex. ECO-A-107); see also The Beige Book (Apr. 15, 2020) (Ex. LAW-210; Ex. ECO-A-104) ("Economic activity contracted sharply and abruptly across all regions in the United States as a result of the COVID-19 pandemic"); The Beige Book (Jan. 13, 2021) (Ex. LAW-249) ("increasing reports of supply chain challenges"); The Beige Book (Apr. 14, 2021) (Ex. LAW-250; Ex. ECO-A-105) ("widespread supply chain disruptions"); Benigno et al., A New Barometer of Global Supply Chain Pressures (FRBNY) (Ex. LAW-222) (supply-chain pressure traced to "[f]actory shutdowns (particularly in Asia) and widespread lockdowns and mobility restrictions"). ↩
  96. Callen, Census Bureau's Small Business Pulse Survey Reveals Delays From Domestic, Foreign Suppliers (week ending July 18, 2021) (Ex. LAW-243). ↩
  97. Ex. FOR-001; Ex. FOR-004; Ex. FOR-005; Ex. FOR-006; Ex. FOR-007; Ex. FOR-008; Ex. FOR-009; Ex. FOR-035; Ex. FOR-036; Ex. FOR-033; CRS R46270, Global Economic Effects of COVID-19 (Ex. LAW-216) (confirmed from a secondary source) ("more than 80 countries had closed their borders to arrivals from countries with infections, ordered businesses to close, instructed their populations to self-quarantine, and closed schools"). The Malaysian movement-control order of 2020 (Ex. FOR-031) and Japan's 2021 states of emergency (Ex. FOR-027; Ex. FOR-045) are recorded by category only, as facts and circumstances. ↩
  98. 29 U.S.C. § 654(a)(1) (Ex. DUT-FED-001); Tex. Health & Safety Code § 81.002 (Ex. DUT-TX-001). The source and addressee of an order are irrelevant under the Suspension Clause, and a legislature, a health department and an occupational-safety agency are each an "appropriate governmental authority" (The Law: the statute). The fifty-one-jurisdiction table, giving for each jurisdiction the communicable-disease control statute and its penalty, the order-violation offense, the workplace-safety duty and COVID-19 workplace rule, the liability shield and its condition and one operating-condition clause from the jurisdiction's own orders with its exhibit and verb, is at Nothing was voluntary; the instruments are filed in the Library's Duties collection under the exhibit prefix DUT-. ↩
  99. Ex. TX-021 (Executive Order GA-28 ¶ 1, June 26, 2020, reciting "an offense punishable under Section 418.173 by a fine not to exceed $1,000"); Ex. TX-022 (Executive Order GA-29, July 2, 2020, in force July 3, 2020 to Mar. 10, 2021); Ex. TX-025 (Executive Order GA-32, Oct. 7, 2020); Ex. CA-015 (State Public Health Officer Order of May 7, 2020, ¶¶ 2-3); Ex. DUT-CA-014 (COVID-19 Industry Guidance: Retail, July 29, 2020, designated under the May 7, 2020 order and mandatory until the order of June 11, 2021, Ex. CA-029, ¶ 4: "Employers must provide face coverings to workers or reimburse workers for the reasonable cost of obtaining them"; "Employers must provide and ensure workers use all required protective equipment"); Exs. CA-023, CA-024 (Cal. Code Regs. tit. 8, § 3205(c), eff. Nov. 30, 2020, readopted June 17, 2021); Ex. NY-003 (Executive Order 202.6, Mar. 18, 2020, eff. Mar. 20, 2020); Ex. NY-022 (Executive Order 202.31, May 14, 2020); Ex. NY-117 (Vehicle Sales, Leases, and Rentals Guidelines for Employers and Employees, May 29, 2020, "Mandatory" column: "50% of the maximum occupancy"; "Employees must wear face coverings"); Ex. FL-027 (Executive Order 20-123 §§ 1.B, 6, May 14, 2020, eff. May 18, 2020); Ex. CO-020 (Public Health Order 20-28 § II.I, Apr. 26, 2020); Ex. CO-041 (Fourth Amended Public Health Order 20-38 § I.B, June 30, 2021, eff. July 1, 2021, carried by its successors through Sept. 30, 2021); Ex. OH-025 (Director's Updated and Revised Order for Business Guidance and Social Distancing ¶ 2, May 29, 2020); Ex. OH-019 (Stay Safe Ohio Order ¶ 8, Apr. 30, 2020: "Businesses must require all employees to wear facial coverings"); Ex. OH-037 (Director's Order for Retail and Business Compliance for Facial Coverings ¶¶ 1, 4, 9, Nov. 13, 2020, eff. Nov. 16, 2020: closure of the premises for up to twenty-four hours upon a notice of violation); Ex. NJ-036 (Executive Order 192 ¶ 1, Oct. 28, 2020, eff. Nov. 5, 2020: distancing, face masks, sanitization, hand-hygiene breaks, disinfection, daily health checks and exclusion of symptomatic workers); Ex. IL-019 (Executive Order 2020-43, June 26, 2020, "Requirements for all businesses" ("All businesses must ... ensure that employees practice social distancing and wear face coverings when social distancing is not always possible") and "Requirements for retail stores" ("cap occupancy at 50 percent of store capacity")); Ex. IL-043 (Executive Order 2021-22 § 1, Sept. 3, 2021, restating the requirement in force from Aug. 30, 2021). ↩
  100. Ex. TX-029 (Executive Order GA-34 ¶ 3, Mar. 2, 2021, eff. Mar. 10, 2021: every person "is strongly encouraged to use good-faith efforts and available resources to follow" the DSHS recommendations; the DSHS protocols are recorded as recommendations throughout, "should follow" and "should use good-faith efforts," Exs. TX-011, TX-021, compulsory through GA-28's occupancy and GA-29's face-covering commands, Lab. Code § 411.103 and Civ. Prac. & Rem. Code § 148.003, Exs. DUT-TX-013, DUT-TX-015); Ex. CA-029 (State Public Health Officer Order of June 11, 2021, eff. June 15, 2021, ¶ 4 (the industry guidance non-mandatory from that date) and ¶¶ 1-3 (the face-covering, mega-event and school requirements retained); the Cal/OSHA standard, Ex. CA-024, unaffected); Ex. IL-037 (Executive Order 2021-12, June 11, 2021: the general business protocols "urged"; the transit, congregate and health-care requirements retained); Ex. FL-034 (Executive Order 20-139, June 3, 2020, eff. June 5, 2020, § 2 ("guidance and not enforceable") and § 4 (capacity, seated-service, distancing and sanitation conditions, enforceable under §§ 252.47 and 252.50)). ↩
  101. Tex. Health & Safety Code §§ 81.002, 81.081-81.082, 81.085(h), 81.087 (Exs. DUT-TX-001, DUT-TX-002, DUT-TX-005, DUT-TX-006; the Class B misdemeanor and third-degree felony ranges, Ex. DUT-TX-019); Tex. Gov't Code § 418.173 (Ex. DUT-TX-012; recited in every general order, e.g., Ex. TX-021); Tex. Health & Safety Code §§ 341.011, 341.091, 437.0145 (the sanitary code, each day a separate offense; "order the immediate closing," Exs. DUT-TX-016, DUT-TX-017, DUT-TX-018); Ohio Rev. Code §§ 3701.81(C), 3701.352, 3701.99(C) (Exs. DUT-OH-007, DUT-OH-004, DUT-OH-005; recited in the Amended Stay at Home Order ¶¶ 17-18, Ex. OH-014 ("a misdemeanor of the second degree, which can include a fine of not more than $750 or not more than 90 days in jail, or both"), and in every Director's Order after it); Colo. Rev. Stat. § 25-1-114(1)(a) (Ex. DUT-CO-003; recited in Public Health Order 20-24 § V, Ex. CO-013 ("Failure to comply with this order could result in penalties including a fine of up to one thousand (1,000) dollars and imprisonment in the county jail for up to one year, pursuant to 25-1-114, C.R.S."), and in Public Health Orders 20-28 and 20-38, Exs. CO-020, CO-041); Cal. Health & Safety Code §§ 120275, 120295 (Ex. DUT-CA-003); Cal. Gov't Code § 8665 (Ex. DUT-CA-007: one who "refuses or willfully neglects to obey any lawful order or regulation promulgated or issued as provided in this chapter, shall be guilty of a misdemeanor," a fine to $1,000 or six months); Fla. Stat. §§ 381.00315, 252.47, 252.50 (Exs. DUT-FL-001, DUT-FL-007, DUT-FL-008; recited in Executive Order 20-123 § 6, Ex. FL-027); N.Y. Pub. Health Law §§ 12, 12-b (Ex. DUT-NY-001 (a civil penalty "of not to exceed two thousand dollars for every such violation"), Ex. DUT-NY-002 (a misdemeanor; imprisonment "not exceeding one year, or by a fine not exceeding ten thousand dollars or by both")); Executive Order 202.14 (Ex. NY-016: enforcement of any violation of the business restrictions "shall be a violation punishable as a violation of public health law section 12-b(2)"); N.Y. Pub. Health Law § 2100 (Ex. DUT-NY-007); N.J.S.A. App. A:9-45, A:9-49 (Ex. DUT-NJ-006), 26:4-129, 26:1A-10 (Exs. DUT-NJ-003, DUT-NJ-005); N.J.A.C. 8:57-1.11 (Ex. DUT-NJ-012: any person responsible for an infected person "shall take all measures necessary to prevent transmission of the disease to other persons"); Executive Order 192 ¶ 13 (Ex. NJ-036); 20 ILCS 2305/8.1 (Ex. DUT-IL-014); 77 Ill. Adm. Code 690.50 (emergency rule of Aug. 7, 2020, Ex. DUT-IL-004: "Any business, service, facility or organization open to the public or employees shall require employees, customers, and other individuals on the premises who are over age two and able to medically tolerate a face covering to cover their nose and mouth with a face covering when on premises and unable to maintain at least a six-foot social distance"; re-adopted Jan. 4, 2021, Ex. DUT-IL-019; repealed May 17, 2021). ↩
  102. 29 U.S.C. § 654(a)(1)-(2) (Ex. DUT-FED-001; the copies filed with the State records, Exs. DUT-FL-015, DUT-CO-009, DUT-NY-017); 29 U.S.C. § 666 (Ex. LAW-481); Tex. Lab. Code § 411.103 (Ex. DUT-TX-013); Cal. Lab. Code §§ 6400-6402, 6423 (Ex. DUT-CA-009 ("Every employer shall furnish employment and a place of employment that is safe and healthful for the employees therein"; "No employer shall require, or permit any employee to go or be in any employment or place of employment which is not safe and healthful"), Ex. DUT-CA-010); Cal. Code Regs. tit. 8, § 3203 (Ex. DUT-CA-011); Cal. Code Regs. tit. 8, §§ 3205-3205.4 (Exs. CA-023, CA-024); N.Y. Lab. Law § 200 (Ex. DUT-NY-013: every workplace "shall be so constructed, equipped, arranged, operated and conducted as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein or lawfully frequenting such places"); N.Y. Lab. Law § 218-b (Ex. DUT-NY-014; L. 2021, ch. 142, Ex. DUT-NY-015; ch. 105 of 2021, Ex. NY-082; the model standard of July 6, 2021 and the Commissioner of Health's designation of Sept. 6, 2021, Exs. NY-129, NY-127); 10 NYCRR Subpart 66-3 (Ex. NY-133); Ohio Rev. Code §§ 4101.11, 4101.12 (Exs. DUT-OH-013, DUT-OH-014); N.J.S.A. 34:6A-3 (Ex. DUT-NJ-009: "Every employer shall furnish a place of employment which shall be reasonably safe and healthful for employees. Every employer shall install, maintain and use such employee protective devices and safeguards including methods of sanitation and hygiene ... as are reasonably necessary to protect the life, health and safety of employees"); N.J.A.C. 12:70 (Ex. DUT-NJ-014); Colorado's Public Health Emergency Whistleblower Act and Healthy Families and Workplaces Act (Exs. DUT-CO-007, DUT-CO-008) and Public Health Order 20-26 (Ex. CO-048: employees of critical businesses in close proximity to others "shall wear a medical or non-medical face covering," Apr. 22 to May 17, 2020); 820 ILCS 219/20 (public employers only, Ex. DUT-IL-007); the Attorney General's workplace-rights guidance that every Illinois business with on-site employees was ordered to post from May 1, 2020 ("Employers are required to follow the Governor's Executive Orders," Ex. DUT-IL-013, cited as the guidance the orders incorporated and not as a command in itself). ↩
  103. OSHA, Guidance on Preparing Workplaces for COVID-19, OSHA 3990-03 2020, introductory statement (Mar. 2020) (Ex. FED-088) (the guidance "is not a standard or a regulation"; "the OSH Act's General Duty Clause, Section 5(a)(1), 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 Coronavirus Disease 2019 (COVID-19), at 1 and Attachment 1 (Apr. 13, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-020) (a sample citation under section 5(a)(1)); U.S. Department of Labor news releases of Sept. 10 and 11, 2020 (Exs. LAW-487, LAW-488; Ex. AGY-FED-LABOR-IMMIGRATION-031) ("$13,494, the maximum allowed by law"); OSHA National News Release (Jan. 8, 2021) (Ex. DUT-FED-067); OSHRC Docket No. 21-0432 (ALJ June 6, 2022) (Ex. DUT-FED-073) (the judge "affirms the willful violation of the General Duty Clause and assesses a penalty of $95,500"); AM 2023-007 (Ex. LAW-143). ↩
  104. Tex. Civ. Prac. & Rem. Code § 148.003(a)(1)(B) (Ex. DUT-TX-015); Act of June 14, 2021, 87th Leg., R.S., ch. 528 (S.B. 6), § 5(a) (Ex. DUT-TX-014) (chapter 148 applies "only to an action commenced on or after March 13, 2020"); Fla. Stat. § 768.38 (ch. 2021-1, § 1, Laws of Fla., Mar. 29, 2021; § 4: "This act applies retroactively and prospectively") (Ex. DUT-FL-012); 820 ILCS 310/1(g) (Pub. Act 101-0633, June 5, 2020, diagnoses from Mar. 9, 2020; Pub. Act 101-0653, Feb. 28, 2021, diagnoses through June 30, 2021) (Exs. DUT-IL-005, DUT-IL-006, DUT-IL-012); Am. Sub. H.B. 606, 133rd G.A., §§ 2(A), 2(B), 2(E), 4 (Ex. DUT-OH-020; applying to "acts, omissions, conduct, decisions, or compliance" from Mar. 9, 2020 "through September 30, 2021"); N.Y. Pub. Health Law § 3082 (Ex. DUT-NY-016; article 30-D repealed Apr. 6, 2021); P.L. 2020, c. 18 (N.J.) (Ex. DUT-NJ-007; health care professionals and facilities, to Sept. 1, 2021); Cal. Evid. Code § 669 (Ex. DUT-CA-013); Colo. Rev. Stat. § 13-21-115 (Ex. DUT-CO-014). No California, Colorado, New York or New Jersey statute conditioned a business immunity on compliance because none granted one; the bills that would have done so are legislative history and are not cited as a source of any duty. ↩
  105. Tri-State Memorial Hospital v. United States, No. 2:25-cv-0181-TOR, ECF No. 38, at 20-21 (E.D. Wash. May 28, 2026) ("Tri-State") (the Proclamation "provided the guidance and procedures that the businesses were required to adhere to and follow to be compliant with the order"); Union Pacific R.R. v. Public Service Comm'n of Missouri, 248 U.S. 67, 70 (1918) (Ex. LAW-470). The recommendations recorded as such for these States are the Texas DSHS protocols (Exs. TX-011, TX-021, TX-029), the California industry guidance from June 15, 2021 (Ex. CA-029), the Illinois general business protocols from June 11, 2021 (Ex. IL-037), Florida's Executive Order 20-139 § 2 (Ex. FL-034) and Colorado's "strongly encouraged" disease-mitigation clause of Public Health Order 20-38 § I.B.3 (Ex. CO-041), each compulsory only through the incorporating order, the shield's condition or the general duty clause named in the text. ↩