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The COVID Project

Function codes

CodeFunction of the business
PLplanning and coordination
VNvenues and banquet spaces
FLflorists and decor
PHphotography and videography
ENDJs, musicians and entertainers
AVstaging, lighting, sound and rental
FPfilm, television and commercial production
MKmarketing, events and shows
HRhiring, screening, training and credentialing
OPoffice, administration and telework
WFworkforce availability
CBcouples, corporate and association clients

Function by function

Each of the twelve functions of this industry was reached by orders in each of the six quarters, and for each the compelled modification is stated in the orders' own terms: cancellation; a numeric cap; a percentage of occupancy; a closing hour; a plan filed in advance; notice to a health department; sign-in of every attendee; assigned seating and no dancing; face coverings with the screening, distancing and exclusion duties that accompanied them; testing or vaccination of every guest, employee and contractor; a production protocol; quarantine of staff; suspended permits and visas. The instruments for each function and quarter are listed in the footnotes and mapped in the quarter map on this page. For each function the determination follows the statute's words and Tri-State's definition: a temporary delay, interruption or termination of a portion of the operation, caused by the order, is a partial suspension due to the order.

PL, planning and coordination

In the second quarter of 2020 every planned event was cancelled by the gathering prohibitions of forty-two jurisdictions (Ex. LAW-201) and capped at ten in the rest, and Tulsa's order reached every "public or private event or social gathering, defined as more than one person outside of a single residence"; in the third quarter of 2020 every event was planned against caps of ten to fifty or a percentage, Indiana required a plan seventy-two hours ahead for every social gathering over 250, Arizona and Texas required local approval above fifty and 500, then 100, then ten, and Tulsa required health-department plans above 500; in the fourth quarter of 2020 the holiday season was prohibited outright in Minnesota ("must not host celebrations, receptions, private parties"), Washington, Rhode Island ("indoor catered events must be cancelled"), Michigan, Illinois, Howard County and California and capped at ten to twenty-five in twenty more jurisdictions, Utah permitted a social gathering only with an "event host" and Providence required City approval for catered events above ten; in the first quarter of 2021 New York addressed "event organizers (i.e., planners and producers)" by that phrase and required five days' notice to the local health department and a sign-in of every attendee, Rhode Island required pre-event testing, Arkansas required a plan for any event above ten and Utah required the Event Management Template; in the second quarter of 2021 the planner in California produced indoor events only where every guest was tested or vaccinated and every planner in the Northeast worked to the March caps until they lifted in late May and June; and in the third quarter of 2021 every planner in New York City, San Francisco, New Orleans and O'ahu verified every guest, vendor and staff member, every planner in Hawaii planned a gathering of ten or cleared a professional event with the county, every planner in Savannah lost every permitted event on City property, every planner in Las Vegas planned conventions of 4,000 under Directive 050 and every planner in seven States and the District and more than thirty localities planned an event held under the venue's face-covering and exposure-control requirements.190 The operation of planning and coordination was partially suspended in every quarter from the second quarter of 2020 through the third quarter of 2021 because of those cancellation, cap, approval, notice, sign-in, testing, verification, permit-revocation and face-covering orders.

VN, venues and banquet spaces

Banquet halls, ballrooms, event centers, concert halls, performing-arts centers and nightclubs were closed by name in forty-seven States between March 16 and April 3, 2020 and reopened, where they reopened, at ten to fifty guests or twenty-five percent; Texas reopened "wedding venues" at twenty-five percent on May 8, 2020, Ohio capped receptions at 300 under banquet rules from May 29, Iowa reopened "a wedding reception venue" at fifty percent on May 28 and Minnesota permitted "venues that offer gathering space for weddings" at twenty-five and fifty percent from May 26 and June 10, 2020; in the third quarter of 2020 New York enforced fifty and fifty percent against weddings, New Jersey capped weddings at 100 and 150, Pennsylvania capped indoor events at twenty-five, Maryland prohibited convention events, South Carolina capped venues at fifty percent or 250, Louisiana capped event centers at fifty percent or 250 and Miami-Dade, Broward and Palm Beach held banquet halls closed to late September; in the fourth quarter of 2020 North Dakota held "banquet, ballroom and event venues" to twenty-five percent, Illinois closed "banquet centers" to gatherings of any size, Kentucky held "event spaces" to twenty-five per room, Ohio imposed no socializing, seating, face coverings and no dancing on "events at banquet facilities," Washington prohibited receptions and business meetings, Louisiana held reception halls to twenty-five percent, Virginia held "private bookings" to ten and Pennsylvania held indoor events to ten percent and then ten persons; in the first quarter of 2021 the room's capacity was fixed at ten, twenty-five, thirty with testing, fifty, 100, 150 or a percentage in every large market and Maryland held banquet and convention facilities at fifty percent after every other cap ended; in the second quarter of 2021 California permitted indoor private events only with every guest tested or vaccinated and no more than 200, New Jersey restored dance floors on May 7, the caps lifted State by State between April 6 and June 30 and the convention halls of Chicago, New York, Philadelphia and Boston had hosted no event; and in the third quarter of 2021 every restaurant, bar and social establishment in Hawaii operated at fifty percent from August 10, every reception and event there was a social gathering of ten indoors and twenty-five outdoors unless a professional event cleared with the county, every indoor event on O'ahu closed from September 22, every catering hall, event venue, concert venue, museum and convention center in New York City, San Francisco and New Orleans closed to the unvaccinated, every large venue in California, Washington, Nevada, Los Angeles County, Pasadena and King County was conditioned, every venue in eight jurisdictions and more than thirty localities required face coverings of every guest under orders enforced against the venue, Savannah's Civic Center cancelled every event, Rhode Island's venue regulation ran to August 31, and McCormick Place and the Boston Convention and Exhibition Center hosted their first events in July and September 2021.191 The operation of venues and banquet spaces was partially suspended in every quarter because of those closure, capacity, banquet-condition, closing-hour, verification and face-covering orders.

FL, florists and decor

The florist's retail shop closed with non-essential retail between March 19 and April 3, 2020 in the stay-at-home States and reopened curbside and then at twenty-five to fifty percent; its wholesale markets closed with non-essential retail; its imported product moved under the federal entry and land-border instruments and the port conditions the Federal Maritime Commission recorded; and its wedding and event line followed the cancelled and capped dates of every quarter, because a reception of ten needs one arrangement and a reception of 150 needs fifteen. In the fourth quarter of 2020 the holiday and winter-wedding decor season was prohibited or capped in every large market; in the first and second quarters of 2021 the spring season was decorated at the cap in force on each date; and in the third quarter of 2021 every florist's shop in Louisiana, Oregon, Illinois (with an employer duty), New Mexico, the District, Nevada's counties, Washington, Hawaii and more than thirty localities operated under face-covering requirements for its staff and customers, with an express duty on the business to enforce them in Louisiana, Oregon, Illinois and Washington and in the localities whose orders so provided, every delivery to a covered venue in New York City, San Francisco or New Orleans was made by a contractor who could not enter without proof of vaccination, and every imported flower moved under the entry proclamations and land-border notices to November 8, 2021.192 The operation of florists and decor was partially suspended in every quarter because of those closure, cap, face-covering, verification and border orders.

PH, photography and videography

Every wedding, event and production shoot on a cancelled or capped date was cancelled or rebooked in every quarter of 2020 and the first half of 2021; the photographer's studio closed under the stay-at-home and telework orders of spring 2020 and, in Pennsylvania, from November 27, 2020 to April 4, 2021; production photography in Los Angeles County proceeded only under Appendix J from June 12, 2020 through the third quarter of 2021 and in New York only under the Interim Guidance for Media Production from June 23, 2020 to June 2021; and in the third quarter of 2021 the photographer entering an indoor venue in New York City, San Francisco or New Orleans was a "contractor" who could not enter without proof of vaccination, the photographer in the face-covering jurisdictions worked under the venue's infection-prevention and exposure-control rules, and the destination photographer travelled under the conveyance order and the TSA directives.193 The operation of photography and videography was partially suspended in every quarter because of those cancellation, cap, protocol, verification, face-covering and conveyance orders.

EN, disc jockeys, musicians and entertainers

Every engagement on a cancelled or capped date was cancelled or rebooked; live entertainment was prohibited or capped at ten to twenty-five percent of fixed seating in most States through 2020 and into the spring of 2021 (Ohio fifteen percent from August 25, 2020; New Jersey twenty-five percent or 150 from September 4, 2020; Washington's nightclubs and concert venues in a Phase 4 never reached; Nevada's live events closed to the public to October 1, 2020; New Mexico's large entertainment venues closed from November 16, 2020 and at Red and Yellow levels to June 2021; Los Angeles County's indoor seated live events at ten to twenty-five percent from April 15, 2021); the dance floor was closed or conditioned by name in Nebraska (parties of six and eight, "no dancing," "dancing only at tables"), Ohio (no dancing at banquet facilities from November 17, 2020) and New Jersey (dance floors at catered events restored only May 7, 2021); the performer was placed under the venue's face-covering rule or exempted only while performing under New York City's Emergency Executive Order 250 and Oregon's rule; every event of 4,000 in Nevada was conditioned on proof of vaccination from August 16, 2021; every band and disc jockey entering a covered venue in New York City, San Francisco or New Orleans was verified at the door from August 16-17 and 20, 2021; every touring act travelled under the conveyance order and the TSA directives from February 1, 2021; and every foreign act was behind the entry proclamations to November 8, 2021.194 The operation of disc jockeys, musicians and entertainers was partially suspended in every quarter because of those cancellation, cap, live-entertainment, dancing, face-covering, verification, conveyance and entry orders.

AV, staging, lighting, sound and rental

The staging and rental company's spring 2020 bookings were cancelled by the gathering prohibitions and the convention-center closures; its inventory came from plants closed by the non-essential manufacturing orders of Michigan, Pennsylvania, New York and New Jersey in March through May 2020; its largest annual bookings, the State fairs of Oregon, Ohio, Minnesota, Iowa, New York, North Carolina, Kansas and Missouri, were cancelled by their boards under the State gathering orders, Illinois's by executive order and Vermont's fairs and festivals by order, and West Virginia re-closed fairs, festivals and amusement parks from July 14, 2020 to April 30, 2021; its winter corporate and festival season was barred in every large market; McCormick Place was closed from March 2020 to July 2021, the Pennsylvania Convention Center to June 2021 and Boston's centers to September 3, 2021, and Illinois permitted conventions at the lesser of 1,000 or sixty percent only from May 14, 2021; Riverside County cancelled Coachella and Stagecoach for 2020 and April 2021 and the Temecula festival by order; and in the third quarter of 2021 every crew on site worked under the indoor face-covering orders and employer duties of eight jurisdictions and more than thirty localities, every crew entering a covered venue in New York City, San Francisco or New Orleans was verified, every large show was built to the mega-event and verification rules of California (5,000, then 1,000 indoors), Washington (over 10,000; face coverings at outdoor events of 500), Nevada (4,000), Los Angeles County and Pasadena (face coverings at outdoor events of 10,000; indoor 1,000 verified) and King County (outdoor 500), every event on Savannah City property was cancelled, and OSHA's Revised National Emphasis Program directed inspections.195 The operation of staging, lighting, sound and rental was partially suspended in every quarter because of those cancellation, closure, plant, fair, convention, mega-event, verification and face-covering orders.

FP, film, television and commercial production

Los Angeles County's Safer at Home order "closed the region to on-location filming until further notice" on March 20, 2020; the County reopened production on June 12, 2020 only under Appendix J, "Protocol for Music, Television and Film Production," under which productions "must also be in compliance with" the checklist, event productions must file a safety plan ten business days ahead and audiences fall under Appendices Z and Z-1, and every later County order (July 18, 2020; December 30, 2020, under which production ran "under Appendix J" alone during the Regional Stay at Home Order; April 15 and May 6, 2021; June 15 and August 16, 2021, and the order of September 17, 2021, effective October 7, 2021, cited for its issuance only) carried it; New York closed media production, which stood outside the essential list, under Executive Orders 202.6 and 202.8 and reopened it from June 23, 2020 (July 6 in New York City) only under the Interim Guidance for Media Production, under which offices, construction, hair and make-up, food service and location scouting were each bound by the corresponding sector guidance, until June 15 to 25, 2021, with 10 NYCRR 66-3's face-covering rule to August 27, 2021 and Key to NYC on every studio screening and indoor event from August 17, 2021; Illinois permitted production from May 29, 2020 only under Department of Commerce guidance made binding by executive order and required face coverings in every workplace, by an express employer duty, from August 30, 2021; Georgia closed production with its gathering and venue orders from March 24 and April 3, 2020 and governed it under the ten-, twenty-five- and fifty-person rules and mandatory business measures to May 1, 2021; New Jersey, Pennsylvania, Michigan, Washington, Massachusetts, Louisiana, New Mexico and Nevada closed production with their March 2020 orders and reopened it under the general gathering, capacity, face-covering and workplace orders; California's Cal/OSHA standard bound every production employer through the third quarter of 2021; Louisiana, Oregon and New Mexico placed every set under the workplace infection-prevention and exposure-control requirements of their face-covering orders from August 2021, Louisiana and Oregon by an express duty on the production employer to enforce them against its own crew; the entry proclamations and consular suspensions kept foreign cast and crew out from March 2020 to November 8, 2021; and the conveyance order and TSA directives governed every travel day from February 1, 2021. Los Angeles permitted shoot days fell 54.5 percent in the third quarter of 2020.196 The operation of film, television and commercial production was partially suspended in every quarter because of those closure, protocol, sector-guidance, face-covering, workplace, entry and conveyance orders.

MK, marketing, bridal shows, showcases and industry events

Every bridal show, venue open house, showcase and industry conference was a gathering under the prohibitions and caps of every quarter; every corporate meeting, gala, convention, festival and fair on the same vendor chain was barred, capped or conditioned by the same orders; Maryland prohibited "Convention events" from June 12, 2020; Georgia prohibited "Conventions" before July 1, 2020; Nevada closed Las Vegas conventions to October 1, 2020 and capped them to May 1, 2021; the District would not consider special-event permits and New York City refused street-event, parade and fair permits from July 7, 2020 into 2021; Washington prohibited business meetings from November 17, 2020 and held meeting space at twenty-five percent or 100 to June 30, 2021; Illinois' Tier 3 closed meeting rooms to events; Massachusetts held convention halls at twelve percent from March 22, 2021; the convention authorities closed their halls for twelve to eighteen months; and in the third quarter of 2021 Hawaii capped every gathering at ten and twenty-five, Nevada conditioned every convention of 4,000, the four cities closed every indoor show to the unvaccinated, Savannah revoked every permit and the Safer Federal Workforce Task Force required agency-head approval for every federally hosted event of more than fifty participants.197 The operation of marketing, bridal shows, showcases and industry events was partially suspended in every quarter because of those gathering, convention, permit, meeting-space, venue, verification and approval orders.

HR, hiring, credentialing and permits

Film permits stopped in Los Angeles and New York City from March 20, 2020 and resumed June 12 and July 6, 2020 under protocol; special-event permits were not considered in the District from June 22, 2020 and were revoked in Savannah from August 24 to September 30, 2021; event plans and approvals were required in Indiana, Arizona, Texas, Tulsa, Providence, Kansas City and Arkansas; catering and special-event liquor permits ran on emergency terms in New Jersey from June 3, 2020 to November 30, 2022 and were suspended for violations in Texas and New York; routine visa services were suspended worldwide from March 20, 2020 and resumed post by post from July 15, 2020, while the entry proclamations kept foreign performers, cast and crew out to November 8, 2021 and Proclamation 10052 barred H-1B, H-2B, L and J entry from June 24, 2020 to March 31, 2021; the FFCRA mandate governed every hire's leave through December 31, 2020; and from August 2021 the vaccination-proof orders of New York City, San Francisco and New Orleans bound every employee and contractor of a covered venue, and the health-care, school, State-employee and municipal-employee vaccination-or-test orders of more than twenty States and a dozen cities conditioned the employment of the part-time staff this industry shares with schools, hospitals and municipal recreation departments.198 The operation of hiring, credentialing and permits was partially suspended in every quarter because of those permit, approval, license, consular, entry, leave and vaccination-or-test orders.

OP, offices and administration

The planner's, agency's, venue's and production company's offices closed or moved to telework under New York's 100 percent in-person reduction from March 22, 2020, New Jersey's telework mandate from March 21, 2020 to June 4, 2021, Pennsylvania's "unless impossible" rule from November 27, 2020 to April 4, 2021, Michigan's, Minnesota's (to April 14, 2021), Illinois', California's, Washington's, Massachusetts', the District's and Kentucky's (offices at thirty-three percent from November 20, 2020) orders and the stay-at-home orders of every closure State; the permit, licensing and clerk offices closed to walk-in service in March 2020; the courts that enforce the industry's contracts suspended calendars through 2020 and re-imposed face coverings and screening in the third quarter of 2021; and every order of every quarter compelled administrative work no law otherwise required: guest-list and sign-in records and five-day health-department notices (New York from March 15, 2021), event plans seventy-two hours ahead (Indiana), Event Management Templates (Utah), pre-event testing records (Rhode Island; California), occupancy calculations (Pennsylvania), verification protocols, signs and records (Key to NYC, C19-07y, New Orleans, Safe Access O'ahu), employer face-covering duties (Illinois; Oregon), Executive Order 192 health checks (New Jersey), the Virginia standard's written plans, and refund processing for every cancelled and rebooked date in six quarters.199 The operation of offices and administration was partially suspended in every quarter because of those telework, office-closure, court, plan, notice, record, verification and workplace orders.

WF, workforce availability

The industry's night-and-weekend workforce was confined at home by the stay-at-home orders of forty-two jurisdictions in the second quarter of 2020; kept home by the school closures of 2020 and the remote and hybrid orders of 2020-21; removed for ten to fourteen days by the quarantine and isolation orders of every State and county in every quarter; paid under the FFCRA mandate through December 31, 2020; placed under the federal airborne-transmission controls on every commute from February 1, 2021 under the conveyance order and the TSA directives; made a fourteen-day absence by every interstate engagement under the traveler quarantines of twelve jurisdictions and Chicago, with New Jersey's advisory, in 2020 and early 2021; placed under the workplace infection-prevention and exposure-control requirements of every face-covering jurisdiction, universal face coverings among them, from the summer of 2020 through the spring of 2021 and again from July 17, 2021 in Los Angeles County and across eight jurisdictions and more than thirty localities by September; verified in New York City, San Francisco, New Orleans, Los Angeles County and O'ahu from August and September 2021; governed as parents by the school face-covering and quarantine orders of the 2021-22 year; and conditioned in every second job by the vaccination-or-test orders on school, health-care, State and municipal employees.200 The operation of the workforce was partially suspended in every quarter because of those stay-at-home, school, quarantine, leave, conveyance, traveler, face-covering and vaccination-or-test orders.

CB, the customer base

The couples, families, corporate customers, studios and advertisers on whom every function depends were ordered to stay home in forty-two jurisdictions in the second quarter of 2020 and again in California, New Mexico, St. Louis County, Shelby County and Honolulu in the winter; barred from gathering above ten (or at all) through 2020 and the winter and above twenty-five to 150 through the spring of 2021; quarantined on interstate travel under the orders of New York, Connecticut, Massachusetts, Hawaii, Alaska, Maine, Vermont, Rhode Island, New Mexico, Kansas, Pennsylvania and Chicago, with New Jersey's parallel advisory (context, not an order); kept from crossing the land borders and from entering from abroad through November 8, 2021; tested or vaccinated at every indoor event in California from April 15 to June 15, 2021; placed under the face-covering requirements that bound every guest inside every venue in every face-covering jurisdiction, one of the exposure-control requirements those orders addressed to the premises and, where the order so provided, made the venue answerable for enforcing at its door; verified at every door in New York City, San Francisco, New Orleans and O'ahu and at every mega-event in California, Los Angeles County, Pasadena, Nevada and Washington in the third quarter of 2021; capped at ten and twenty-five in Hawaii from August 10, 2021; and, in Florida, Texas, Arizona, Iowa, Tennessee and Montana, forbidden by State law to hold the verified event the largest markets required.201 The Notice lists a shelter-in-place proclamation as a qualifying order, the United States has represented that an order addressed to a third party can suspend a business, and the statute says nothing of the source. The operation of every function that sells to the customer base, which is the commerce those orders limited, was partially suspended in every quarter because of those stay-at-home, gathering, traveler, border, testing, face-covering, verification and vaccination-documentation orders.

  1. 2020 Q2: Ex. NY-005; Ex. WA-016; Ex. AK-013; Ex. IA-012; Ex. NE-002; Ex. WI-002; Ex. KS-007; Ex. OK-057; Ex. VA-006; Ex. IL-005; Ex. MI-011; Ex. CA-007; Ex. TX-014. 2020 Q3: Ex. IN-034; Ex. AZ-022; Ex. TX-019; Ex. TX-021; Ex. TX-023; Ex. NJ-031; Ex. NJ-034; Ex. NY-031; Ex. SEC-25-012; Ex. PA-016; Ex. MET-PIT-006; Ex. MET-NYC-025. 2020 Q4: Ex. MN-032; Ex. WA-047; Ex. RI-031; Ex. MI-061; Ex. MI-062; Ex. IL-031; Ex. MET-BAL-089; Ex. CA-020; Ex. UT-029; Ex. UT-032; Ex. RI-097; Ex. KY-033; Ex. PA-022; Ex. PA-028; Ex. NJ-039; Ex. VA-016; Ex. DE-033. 2021 Q1: Ex. NY-108, § E; Ex. RI-034; Ex. RI-035; Ex. AR-066; Ex. UT-037; Ex. UT-038; Ex. NJ-044; Ex. CT-099; Ex. CT-100; Ex. MA-043; Ex. MN-036. 2021 Q2: Ex. SEC-25-007; Ex. CA-018; Ex. NJ-045; Ex. NJ-046; Ex. NJ-047; Ex. NY-043; Ex. NY-053; Ex. NY-054; Ex. NY-057; Ex. MA-048; Ex. PA-036; Ex. IL-037; Ex. MI-076. 2021 Q3: Ex. MET-NYC-017; Ex. MET-SFO-011; Ex. MET-MSY-029; Ex. MET-HNL-035; Ex. HI-025; Ex. MET-ATL-017; Ex. NV-044; Ex. LA-036; Ex. OR-048; Ex. IL-043; Ex. NM-067; Ex. DC-057; Ex. NV-041; Ex. WA-080; Ex. MET-LA-019; Ex. MET-CHI-026; Ex. MET-BOS-013; Ex. MET-PHL-019; Ex. MET-DEN-033. ↩
  2. 2020 Q2: Ex. FL-007; Ex. NY-010; Ex. NY-012; Ex. NJ-002; Ex. OH-006; Ex. MI-005; Ex. CT-004; Ex. DE-003; Ex. MD-003; Ex. WA-009; Ex. VA-004; Ex. LA-003; Ex. NV-003; Ex. NV-005; Ex. AK-005; Ex. MT-005; Ex. KY-004; Ex. TN-006; Ex. SC-010; Ex. AR-035; Ex. HI-004; Ex. MET-DEN-001; Ex. MET-ORL-060; Ex. MET-MIA-002; Ex. TX-014; Ex. OH-025; Ex. OH-092; Ex. IA-017; Ex. IA-018; Ex. MN-023; Ex. MN-025; Ex. CO-025; Ex. GA-023; Ex. GA-024; Ex. NE-013. 2020 Q3: Ex. NY-031; Ex. SEC-25-012; Ex. NJ-031; Ex. NJ-034; Ex. PA-016; Ex. MD-046; Ex. MD-016; Ex. SC-027; Ex. LA-018; Ex. OH-034; Ex. OH-035; Ex. MET-MIA-013; Ex. MET-MIA-096; Ex. MET-MIA-034; Ex. MET-MIA-050; Ex. CT-085; Ex. MA-026; Ex. MA-032. 2020 Q4: Ex. ND-062; Ex. IL-031; Ex. KY-033; Ex. OH-038; Ex. WA-047; Ex. LA-023; Ex. VA-016; Ex. PA-022; Ex. PA-028; Ex. MN-032; Ex. RI-031; Ex. MI-061; Ex. MI-062; Ex. MET-BAL-089; Ex. NE-020; Ex. NE-021; Ex. MA-034; Ex. MA-038; Ex. MA-040; Ex. DE-032; Ex. DE-033; Ex. NY-037; Ex. NY-103; Ex. MET-CHI-027; Ex. KS-094; Ex. MET-STL-016. 2021 Q1: Ex. MA-043; Ex. MI-064; Ex. MI-066; Ex. VA-016; Ex. DE-059; Ex. RI-035; Ex. MN-036; Ex. NY-108; Ex. NY-043; Ex. NJ-044; Ex. CT-099; Ex. PA-031; Ex. OH-043; Ex. MD-026; Ex. WA-056; Ex. WA-064; Ex. MET-STL-075; Ex. MET-HNL-027. 2021 Q2: Ex. SEC-25-007; Ex. SEC-25-008; Ex. NJ-046; Ex. NJ-047; Ex. NJ-050; Ex. NY-054; Ex. NY-057; Ex. MA-045; Ex. MA-047; Ex. MA-048; Ex. PA-033; Ex. PA-036; Ex. IL-054; Ex. IL-037; Ex. MI-073; Ex. MI-076; Ex. MD-095; Ex. WA-065; Ex. OR-043; Ex. NM-060; Ex. CA-029; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-026; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-036; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-059. 2021 Q3: Ex. HI-025; Ex. MET-HNL-033; Ex. MET-HNL-035; Ex. MET-HNL-037; Ex. MET-HNL-038; Ex. MET-NYC-017; Ex. MET-NYC-018; Ex. MET-NYC-019; Ex. MET-NYC-021; Ex. MET-SFO-011; Ex. MET-MSY-029; Ex. CA-029; Ex. AGY-ST-HEALTH-SUBORDERS-111; Ex. WA-101; Ex. WA-084; Ex. WA-085; Ex. NV-043; Ex. NV-044; Ex. MET-LA-019; Ex. MET-LA-054; Ex. MET-LA-056; Ex. MET-SEA-001; Ex. MET-SEA-002; Ex. MET-ATL-017; Ex. RI-071; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-027; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-044; the face-covering orders cited at B-21 in the six-quarters section. ↩
  3. Ex. NY-005; Ex. NJ-004; Ex. PA-004; Ex. MI-011; Ex. CA-007; Ex. IL-005; Ex. WA-016; Ex. MA-008 (the spring 2020 retail closures); Ex. FED-207; Ex. FED-208; Ex. FED-232; Ex. FED-255; Ex. FED-233; Ex. FED-256; Ex. FED-234; Ex. FED-257; Ex. FED-235; Ex. FED-258; Ex. ECO-A-100 (Federal Maritime Commission); Ex. LAW-221 (Federal Reserve, Monetary Policy Report, July 2021); the gathering caps of every quarter cited in the six-quarters section; Ex. IL-043; Ex. LA-036; Ex. OR-048; Ex. OR-049; Ex. NM-067; Ex. DC-057; Ex. NV-041; Ex. WA-080; Ex. MET-LA-019; Ex. MET-CHI-026; Ex. MET-CHI-041; Ex. MET-BOS-013; Ex. MET-PHL-019; Ex. MET-DEN-033; Ex. MET-MKE-024; Ex. MET-CLT-001; Ex. MET-STL-021; Ex. MET-STL-069; Ex. MET-KC-003; Ex. MET-KC-045; Ex. MET-KC-067; Ex. MET-NYC-017, § 1; Ex. MET-SFO-011; Ex. MET-MSY-029. ↩
  4. The gathering caps of every quarter cited in the six-quarters section; Ex. NY-005; Ex. NJ-004; Ex. PA-022; Ex. PA-033; Ex. SEC-25-001; Ex. MET-LA-006; Ex. MET-LA-012; Ex. MET-LA-019; Ex. SEC-25-004; Ex. NY-057; Ex. NY-049; Ex. MET-NYC-017, § 1; Ex. MET-SFO-011; Ex. MET-MSY-029; the face-covering orders cited at B-21; Ex. FED-020; Ex. FED-051; Ex. FED-052. ↩
  5. Ex. OH-034 (Aug. 25, 2020); Ex. NJ-034; Ex. SEC-17-015; Ex. WA-034; Ex. WA-041; Ex. NV-017; Ex. NV-028; Ex. NM-039; Ex. NM-041; Ex. NM-057; Ex. SEC-25-008; Ex. SEC-25-015; Ex. NE-013; Ex. NE-014; Ex. NE-020; Ex. NE-021; Ex. OH-038; Ex. NJ-046; Ex. MET-NYC-021; Ex. OR-048; Ex. NV-043; Ex. NV-044; Ex. MET-NYC-017; Ex. MET-SFO-011; Ex. MET-MSY-029; Ex. FED-020; Ex. FED-051; Ex. FED-052; Ex. FED-207; Ex. FED-208; Ex. FED-327; Ex. FED-211; Ex. CT-089 (performing arts fifty percent capped at 100); Ex. NY-116 (New York State Department of Health, "Interim Guidance for Low-Risk Indoor Arts and Entertainment" (June 23, 2020)). ↩
  6. Ex. MI-011; Ex. PA-004; Ex. NY-005; Ex. NJ-004 (the plant closures); Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-071; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-074; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-073; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-075; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-076; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-072; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-077; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-078; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-104 (context); Ex. IL-018; Ex. VT-025; Ex. VT-022; Ex. WV-040; Ex. WV-042; Ex. WV-063; Ex. OH-099; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-026; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-027; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-033; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-035; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-036; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-043; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-044; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-054; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-055; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-056; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-059; Ex. IL-054; Ex. IL-036; Ex. MET-RIV-016; Ex. MET-RIV-018; the face-covering orders cited at B-21; Ex. MET-NYC-017; Ex. MET-SFO-011; Ex. MET-MSY-029; Ex. CA-029; Ex. AGY-ST-HEALTH-SUBORDERS-111; Ex. WA-101; Ex. WA-084; Ex. WA-085; Ex. NV-043; Ex. NV-044; Ex. MET-LA-054; Ex. MET-LA-056; Ex. MET-SEA-001; Ex. MET-SEA-002; Ex. MET-ATL-017; Ex. SEC-05-002. ↩
  7. Ex. SEC-25-005; Ex. MET-LA-001; Ex. MET-LA-006; Ex. SEC-25-001; Ex. MET-LA-009; Ex. MET-LA-012; Ex. MET-LA-015; Ex. MET-LA-016; Ex. MET-LA-018; Ex. MET-LA-019; Ex. MET-LA-020 (issued Sept. 17, 2021; effective Oct. 7, 2021; cited for its issuance only); Ex. SEC-25-004; Ex. NY-057; Ex. NY-049; Ex. NY-133; Ex. MET-NYC-017; Ex. IL-016; Ex. IL-043; Ex. GA-005; Ex. GA-010; Ex. GA-023; Ex. GA-024; Ex. GA-032; Ex. GA-035; Ex. NJ-004; Ex. PA-004; Ex. PA-006; Ex. MI-011; Ex. WA-016; Ex. MA-008; Ex. LA-005; Ex. NM-005; Ex. NV-003; Ex. CA-024; Ex. LA-036; Ex. OR-048; Ex. OR-049; Ex. NM-067; Ex. FED-207; Ex. FED-208; Ex. FED-327; Ex. FED-328; Ex. FED-020; Ex. FED-051; Ex. FED-052; Ex. SEC-25-006. ↩
  8. The gathering caps of every quarter cited in the six-quarters section; Ex. MD-046; Ex. GA-024; Ex. NV-017; Ex. NV-028; Ex. NV-038; Ex. SEC-03-060 (Mayor's Order 2020-067, § VIII); Ex. DC-079; Ex. MET-NYC-025; Ex. WA-047; Ex. WA-064; Ex. IL-031; Ex. MA-045; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-026; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-027; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-033; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-036; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-043; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-044; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-055; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-056; Ex. HI-025; Ex. NV-044; Ex. MET-NYC-017; Ex. MET-SFO-011; Ex. MET-MSY-029; Ex. MET-HNL-035; Ex. MET-ATL-017; Ex. FED-272. ↩
  9. Ex. SEC-25-005; Ex. SEC-25-006; Ex. SEC-25-004; Ex. DC-079 and Ex. SEC-03-060 (Mayor's Order 2020-067, § VIII); Ex. MET-ATL-017; Ex. IN-034; Ex. IN-046; Ex. AZ-022; Ex. TX-019; Ex. TX-021; Ex. TX-023; Ex. OK-057; Ex. OK-058; Ex. RI-097; Ex. MET-KC-019; Ex. AR-066; Ex. AGY-ST-ALCOHOL-035; Ex. AGY-ST-ALCOHOL-040; Ex. AGY-ST-ALCOHOL-041; Ex. AGY-ST-ALCOHOL-012; Ex. AGY-ST-ALCOHOL-028; Ex. FED-327; Ex. FED-328; Ex. FED-207; Ex. FED-208; Ex. FED-211; Ex. FED-170; Ex. FED-171; Ex. MET-NYC-017, § 1; Ex. MET-SFO-011; Ex. MET-MSY-029; the vaccination-or-test orders cited at B-22; Ex. LAW-251; Ex. LAW-252. ↩
  10. Ex. MET-NYC-005; Ex. NJ-004, ¶¶ 10-11; Ex. NJ-051; Ex. PA-022; Ex. PA-033; Ex. MN-037; Ex. KY-033, ¶ 8; Ex. IL-005; Ex. CA-007; Ex. WA-016; Ex. MA-008; Ex. DC-005; Ex. MI-011; the court orders cited in the ecosystem subsection of the layers section; Ex. NY-108, § E; Ex. IN-034; Ex. UT-032; Ex. RI-035; Ex. SEC-25-007; Ex. PA-019; Ex. MET-NYC-017; Ex. MET-SFO-011; Ex. MET-MSY-029; Ex. MET-HNL-035; Ex. IL-043; Ex. OR-049; Ex. NJ-050; Ex. VA-037; Ex. VA-038. ↩
  11. The stay-at-home orders cited in the fifty-States subsection of the layers section; Ex. ECO-B-016; Ex. LAW-229; the quarantine and isolation orders cited at B-24; Ex. FED-170; Ex. FED-171; Ex. FED-020; Ex. FED-050; Ex. FED-051; Ex. FED-052; Ex. SEC-06-017; Ex. SEC-06-018; Ex. SEC-06-020; Ex. MET-CHI-019; Ex. MET-CHI-020; Ex. ECO-C-010; Ex. ECO-C-011; Ex. AK-035; Ex. KS-057; Ex. MET-LA-018; the face-covering orders cited at B-9, B-10 and B-21; Ex. MET-NYC-017; Ex. MET-SFO-011; Ex. MET-MSY-029; Ex. MET-HNL-035; the school orders cited at B-23; the vaccination-or-test orders cited at B-22; Ex. LAW-224; Ex. LAW-223 (BLS, July and Sept. 2021: 5.2 million and 5.0 million unable to work because their employer closed or lost business). ↩
  12. The stay-at-home orders cited in the fifty-States subsection of the layers section; Ex. CA-020; Ex. NM-039; Ex. MET-STL-074; Ex. MET-BNA-071; Ex. MET-HNL-024; the gathering caps of every quarter cited in the six-quarters section; Ex. SEC-06-017; Ex. SEC-06-018; Ex. SEC-06-020; Ex. ECO-C-010; Ex. ECO-C-011; Ex. HI-024; Ex. MET-CHI-019; Ex. MET-CHI-020; Ex. AK-035; Ex. KS-057; Ex. LAW-235; Ex. FED-207; Ex. FED-208; Ex. FED-232; Ex. FED-255; Ex. SEC-25-007; Ex. CA-029; the face-covering orders cited at B-21; Ex. MET-NYC-017; Ex. MET-SFO-011; Ex. MET-MSY-029; Ex. MET-HNL-035; Ex. MET-LA-054; Ex. MET-LA-056; Ex. NV-044; Ex. WA-084; Ex. WA-101; Ex. HI-025; Ex. TX-037; Ex. AZ-045; Ex. IA-047; Ex. TN-065; Ex. MT-071; Fla. Stat. § 381.00316; Notice 2021-20, Q&A-10, at 928 (Ex. LAW-101); Br. for Appellees at 41. ↩