Skip to content
The COVID Project

The governmental orders by layer

The orders that reached this industry came in seven layers, and every layer reached every function in every quarter: the federal layer of leave, entry, border, conveyance, workplace and health instruments; the fifty States and the District, every one of which prohibited or capped the group meetings this industry sells; the largest metros, whose county and city orders ran stricter and longer than the States' in the largest markets and returned in August and September 2021; the sector regulators, the health officers, liquor authorities, fair boards, convention authorities and courts whose instruments fixed the terms of the industry's product; the counterparties, the venues, hotels, caterers, schools, clerks and carriers whose own orders closed the transactions this industry depends on; the ecosystem of supply, workforce and travel through which orders anywhere limited commerce everywhere; and, as facts and circumstances only, the orders of foreign governments in which the federal travel instruments operated. This section inventories the layers; the six-quarters section applies them quarter by quarter; the tables on this page tabulate them.

The universe

The governmental response to COVID-19 was not a handful of orders; it was a body of governmental commands on commerce, travel and assembly that the Government's own datasets count in the tens of thousands, and every count of it is a floor. By May 31, 2020, according to the Centers for Disease Control and Prevention, 42 States and territories had issued mandatory stay-at-home orders reaching 2,355 of the nation's 3,233 counties, and "most jurisdictions issued multiple orders."22 The Council of State Governments counted 2,065 executive orders issued by governors and State agencies between February 2020 and June 29, 2020 alone, before four of the six claimable quarters had begun.23 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 its curators stopped coding in the spring of 2021.24 The COVID AMP database catalogued nearly 50,000 policy measures worldwide, including more than 20,000 at the United States national and State level, 95 percent of them issued before November 23, 2021, and approximately 8,000 issued by United States counties.25 The Kaiser Family Foundation's State-by-State files record 51 emergency declarations in force on June 30, 2020, 49 on April 5, 2021, 35 on July 2, 2021 and 25 on September 21, 2021, with statewide face-covering requirements in 11 jurisdictions on the last of those dates and Hawaii "Imposing New Restrictions."26 The Library on this site indexes more than 11,500 instrument records, more than 10,700 of them with the exhibit file present. That figure is the number of instruments The COVID Project has retrieved and indexed; it is not, and is not offered as, a count of the orders that reached any employer or of the orders issued nationally, which the sources above place in the tens of thousands.

The Government's own attribution

The Commerce Department's Bureau of Economic Analysis attributed the largest quarterly decline in gross domestic product on record, 32.9 percent at an annual rate in the second quarter of 2020, to "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"; the Comptroller General wrote that "millions have lost their jobs due to stay-at-home orders and business closures aimed at 'flattening the curve'"; the Bureau of Labor Statistics found that in the third quarter of 2020 "19 percent of establishments (1.6 million) experienced a government-mandated closure"; and the Federal Reserve's Beige Book of September 8, 2021 attributed the quarter's deceleration to "a pullback in dining out, travel, and tourism in most Districts, reflecting safety concerns due to the rise of the Delta variant, and, in a few cases, international travel restrictions."27 The position that few orders existed is not a close call on a contested record; it cannot be squared with the Government's own datasets.

The federal layer

The run-up and the second quarter of 2020

Between March 12 and March 31, 2020 the federal government suspended entry from the Schengen Area, the United Kingdom and Ireland, proclaimed the national emergency, moved the executive branch to maximum telework, published "15 Days to Slow the Spread" with its direction to avoid social gatherings of more than ten, closed the Canadian and Mexican land borders to all but essential travel, cancelled every routine visa appointment in the world as of March 20, 2020 and enacted the Families First Coronavirus Response Act.28 From April 1, 2020 the FFCRA mandate required every employer under 500 employees to provide paid leave to any employee "subject to a Federal, State, or local quarantine or isolation order related to COVID-19," advised to self-quarantine, or whose child's "school or place of care" was closed, and the implementing rule defined "quarantine or isolation order" to include stay-at-home orders; the mandate ran through December 31, 2020.29 The President suspended the entry of most new immigrants from April 23, 2020 and of H-1B, H-2B, L and J workers from June 24, 2020; the land-border closures were renewed monthly; the White House's "Opening Up America Again" of April 16, 2020 put "large venues" under "strict physical distancing protocols" in the template every State phase plan tracked.30 The CDC's Considerations for Events and Gatherings of May 2020 were incorporated by reference in State venue rules; they are guidance, cited here as the content the State orders adopted, and the binding instrument is the State order.31

The third and fourth quarters of 2020

The proclamations and border closures continued and were renewed on July 22, August 21, September 23, October 22, November 23 and December 22, 2020; the FFCRA mandate ran to December 31; the State Department began a post-by-post resumption of consular services on July 15, 2020; the CDC's eviction moratorium took effect September 4, 2020; Proclamation 10131 of December 31, 2020 carried the immigrant and temporary-worker suspensions to March 31, 2021.32 For this industry the federal layer of 2020 meant no foreign performer, no foreign cast or crew, no cross-border guest and no seasonal J-1 or H-2B staff, and a leave mandate on every employer under 500 for every quarantined employee and every closed school.

The first and second quarters of 2021

On January 25, 2021 the incoming Administration continued the Schengen, British, Irish and Brazilian suspensions without interruption and added South Africa (Proclamation 10143), and on April 30, 2021 it added India (Proclamation 10199); both ran to November 8, 2021.33 The CDC's conveyance order, an airborne-transmission control on every conveyance and transportation hub, took effect at 11:59 p.m. on February 1, 2021 "until further notice": "Persons must wear masks over the mouth and nose when traveling on conveyances into and within the United States," and "[a] conveyance operator transporting persons into and within the United States must require all persons onboard to wear masks for the duration of travel," on pain of criminal penalty; the TSA's security directives of January 31, 2021 imposed the same airborne-transmission control on every transit agency, railroad, bus company, airline and airport, each required to give notice that federal law required masks, to refuse boarding and to remove violators, and SD 1582/84-21-01A carried the surface directive from May 12 to September 13, 2021 "including those already vaccinated."34 Executive Order 13991 imposed masking and physical distancing on every person in federal buildings and on federal lands from January 20, 2021, and OMB M-21-15 capped federal workplaces at twenty-five percent of occupancy until June 10, 2021.35 Proclamation 10014 was revoked February 24, 2021 and Proclamation 10052 expired March 31, 2021; they are relied on for the quarters in which they were in force and not thereafter.36 The OSHA COVID-19 Healthcare Emergency Temporary Standard took effect June 21, 2021; it reached this industry only at on-set medical services, and it is relied on for that footing alone.37

The third quarter of 2021

On July 1, 2021 the conveyance mask order, SD 1582/84-21-01A, the aviation directives, the inbound-testing order, the Conditional Sailing Order, Proclamations 9984, 9992, 10143 and 10199, the DHS land-border prohibition under the June 23, 2021 notifications, the Title 42 order, the CDC eviction moratorium to July 31 and Executive Order 13991 were in force; inside the quarter OSHA revised its National Emphasis Program on July 7, DHS renewed the land-border prohibition on July 22, August 23 and September 22, the Safer Federal Workforce Task Force reinstated universal masking, with attestation, screening and distancing duties, in every federal building for every person regardless of vaccination status in areas of substantial or high transmission on July 27-29 and required that any federally hosted "in-person meeting, conference, or event that will be attended by more than 50 participants" first obtain agency-head approval, the CDC replaced its Title 42 order on August 2 and issued a new eviction order on August 3, the TSA announced SD 1582/84-21-01B on August 20 (effective September 14, 2021 to January 18, 2022) and the President signed Executive Orders 14042 and 14043 on September 9, 2021, each reciting that the public health emergency and the national emergency remained in effect.38 The revocation of the entry proclamations and the opening of the land borders to vaccinated travelers came on November 8, 2021.39 A Government that was renewing its border prohibitions, replacing its Title 42 order, tightening its own workplace rules and conditioning its own conferences of more than fifty participants in July, August and September 2021 cannot maintain that no orders limiting commerce, travel or group meetings were in effect in that quarter; the position cannot be squared with the Federal Register.

The fifty States

The pattern

Between March 12 and April 3, 2020 every one of the fifty States and the District of Columbia issued an order closing event venues or limiting group meetings: forty-eight States and the District fixed a number by order (250, then 50 or 100, then 10 or 25); Nebraska's statewide ten-person Directed Health Measure took effect April 3 (Ex. NE-008) after its three-county measure of March 19 (Ex. NE-002); South Dakota directed its local governments to restrict gatherings of ten or more (Ex. SD-005); and North Dakota closed every theater, music and entertainment venue, bar and dining room by order on March 20 (Ex. ND-005) while stating its gathering figure as a recommendation. The first caps were 250 (Massachusetts, Maryland, Oregon, Vermont, Washington and Louisiana in the second week of March), then 50 or 100, then 10 or 25, and, by the CDC's count, forty-two States and territories then prohibited every gathering outside the household under mandatory stay-at-home orders (Ex. LAW-201). Forty-seven States closed concert halls, performing-arts centers, nightclubs, banquet halls and theaters by name between March 16 and April 3, 2020. The reopening ran from late April 2020 in Georgia and Texas, through June 2020 in the Northeast, Midwest and West, to caps of ten to fifty in thirty-four jurisdictions on July 1, 2020; the winter re-tightening of November 2020 through January 2021 prohibited receptions by name in Minnesota, Washington, Rhode Island and Howard County, Maryland, closed banquet centers and every indoor non-residential gathering in Illinois and Michigan and re-capped venues in twenty-two more jurisdictions; the withdrawal ran from January 15, 2021 (Montana) and January 18 (North Dakota) through late May 2021 in the Northeast and the largest Midwestern States and June 30 and July 1, 2021 in Washington, Oregon and New Mexico, with Hawaii re-capping on August 10, 2021 and releasing only on December 1, 2021.40 The State table on this page states the regime for every jurisdiction with exhibit identifiers; this subsection states the analysis by region.

The Northeast

New York cancelled "[n]on-essential gatherings of individuals of any size for any reason (e.g. parties, celebrations or other social events)" on March 23, 2020, having closed theaters and casinos on March 16 and every place of public amusement on March 19; it permitted ten on May 22, twenty-five in Phase Three regions on June 15 and "gatherings of fifty (50) or fewer individuals ... so long as any such gatherings occurring indoors do not exceed 50% of the maximum occupancy" on June 26, 2020, a cap the State enforced against weddings and defended in DiMartile v. Cuomo, where the court recited that the same venue "when operating as a restaurant under Defendants' 50-percent capacity restriction, is permitted to hold more than 50 people"; it imposed cluster zones with a $15,000-a-day penalty for organizers on October 6, a 10:00 p.m. closing that the State Liquor Authority applied to catering halls on November 13, the catered-events rule of March 15, 2021 (the lesser of seventy-five percent or 150 indoors, five days' notice, sign-in, no events between midnight and 5:00 a.m.), venues at thirty-three percent from April 2, 2021, 250 indoors from May 19 and the end of gathering limits on June 15, 2021, with the series rescinded June 25, 2021.41 New Jersey prohibited gatherings over fifty and closed performing-arts centers, concert venues, nightclubs and casinos on March 16 and cancelled all gatherings on March 21, 2020; it permitted indoor gatherings at twenty-five percent up to fifty on June 9 and 100 on June 22, cut indoor gatherings to twenty-five on August 4 while naming weddings at twenty-five percent up to 100, raised weddings to 150 on September 4, cut general indoor gatherings to ten on November 17 while keeping weddings at 150, capped weddings and catered events at thirty-five percent never more than 150 on March 19, 2021, restored dance floors at catered events at fifty percent never more than 250 on May 7, permitted 250 on May 19 and removed indoor gathering limits and the telework mandate on June 4, 2021.42 Pennsylvania closed non-life-sustaining businesses, listing "Traveler Accommodation" as "No," on March 19, ordered every resident to stay home by April 1, capped gatherings at twenty-five in the yellow phase and 250 in the green, prohibited indoor events over twenty-five and outdoor events over 250 from July 16, 2020, imposed an occupancy calculator on October 9, cut indoor events to ten percent on November 27, prohibited indoor gatherings over ten and outdoor over fifty from December 12, 2020 to January 4, 2021, and stepped to fifteen, twenty-five and fifty percent before its orders expired on May 31, 2021.43 Massachusetts capped gatherings at 250 on March 13, twenty-five on March 17 and ten from noon March 24 to July 6, 2020; permitted twenty-five indoors and 100 outdoors on July 6, twenty-five and fifty on August 11, event venues at fifty to 100 on October 5 and twenty-five and fifty at venues on November 6; imposed twenty-five percent capacity from December 26, 2020 to February 8, 2021; capped gatherings at ten and twenty-five on February 8; permitted event venues 100 indoors and 150 outdoors from March 22 and exhibition and convention halls at twelve percent; restored dance floors on May 10; and rescinded every order on May 29, 2021.44 Connecticut, Rhode Island, Delaware, Maine, New Hampshire and Vermont ran parallel chains: Connecticut's indoor events at twenty-five from June 17, 2020 and its indoor private events at fifty percent up to 100 and outdoor private events at 200 from March 19, 2021 to May 20, 2021; Rhode Island's gatherings of five from March 28, 2020, its Pause order that "indoor catered events must be cancelled," its catered events of fifteen from January 29, 2021 and of thirty with pre-event testing from February 25, its venues at eighty percent from May 7, its Reopening Order terminated July 6, 2021 and its venue regulation in force to August 31, 2021; Delaware's prohibition of "Gatherings/Events over 250 people ... including but not limited to weddings, concerts, parades, festivals, conventions, fundraisers, sporting events and fairs" from June 15, 2020 and its indoor caps of the lesser of thirty percent or ten from December 14, 2020 and twenty-five from February 19, 2021 to May 21, 2021; Maine's checklist that "the limit on the number of persons for indoor gatherings is currently set at 50 people indoors. This applies to weddings and other indoor events"; New Hampshire's Phase 2 food-service rules with wedding guidance made mandatory to May 7, 2021; and Vermont's event venues at seventy-five indoors and 150 outdoors from June 26, 2020, its cancellation of fairs and festivals for 2020 by order and its suspension of every multi-household social gathering from November 14, 2020.45

The Midwest

Michigan prohibited all gatherings outside a household on March 24, 2020, permitted ten indoors and 100 outdoors on June 1, prohibited every indoor non-residential gathering from November 18, 2020 to January 31, 2021, permitted ten from February 1 and twenty-five from March 5, 2021, permitted fifty percent from June 1 and rescinded on June 22, 2021.46 Illinois closed places of public amusement, concert halls and social clubs and prohibited all gatherings outside a household on March 21, 2020, permitted ten on May 29 (with film production under Department of Commerce guidance made binding by the order), fifty on June 26, capped meetings and social events at twenty-five under regional mitigations from August 18, closed "meeting rooms, banquet centers, private party rooms, private clubs" to gatherings of any size and prohibited indoor gatherings of more than one household under Tier 3 from November 20, 2020, restored Phase 4 caps between January 15 and February 4, 2021, permitted conventions at the lesser of 1,000 or sixty percent under the Bridge Phase from May 14 and reached Phase 5 on June 11, 2021.47 Minnesota permitted "venues that offer gathering space for weddings, funerals, or planned services" to host them at twenty-five percent from May 26, 2020 and fifty percent from June 10, capped receptions at fifty and then twenty-five on November 13, ordered that "[i]ndividuals, venues, and businesses must not host celebrations, receptions, private parties, or other social gatherings" from November 20 to December 18, 2020, permitted receptions of fifty from February 13, 2021 and fifty percent up to 250 from March 15, and lifted its caps on May 27, 2021.48 Ohio exempted weddings from its mass-gathering counts on March 12, 2020 but capped receptions at 300 under banquet rules on May 29, reopened "Restaurants, Bars, Banquet and Catering Facilities and Services" under seated-service rules on June 5 and September 23, 2020, subjected "wedding receptions, funeral repasts and other events at banquet facilities" to no socializing in open congregate areas, seating, face coverings and no dancing from November 17, 2020, capped venues at twenty-five percent indoors and thirty percent outdoors on March 2, 2021, kept seated service at banquet facilities and a twenty-five percent fixed-seating cap from April 5 and let its last order expire at 12:01 a.m. June 2, 2021.49 North Dakota, the only State that titled an instrument for the industry ("Banquets, Ballrooms, Weddings and Event Venues"), made that standard binding by executive order from November 16, 2020 at twenty-five percent of occupancy, fifty percent from January 8, 2021 and rescinded it at 8:00 a.m. January 18, 2021; Nebraska regulated wedding receptions by name in every 2020 phase (parties of six, then eight; no dancing; percentage caps; face coverings at weddings from November 11, 2020) through May 24, 2021; Iowa prohibited gatherings over ten from March 17, 2020 (Ex. IA-002) and, in its proclamation of April 27, 2020 (effective May 1), declared that "wedding receptions of more than 10 people are social gatherings that are prohibited" (Ex. IA-012), reopened "a wedding reception venue" at fifty percent seated capacity on May 28, prohibited indoor gatherings over fifteen from November 17 to December 16, 2020 and ended its mandates on February 7, 2021; Indiana defined a "social gathering" to include a wedding, family reunion, party, banquet or conference, capped all gatherings and meetings at 250 and required a plan filed seventy-two hours ahead for any event over 250 from July 23, 2020, capped gatherings at twenty-five to 250 by county color from November 15, 2020 and ended its caps on April 6, 2021; Wisconsin limited weddings to fewer than ten from March 25 to May 13, 2020 and capped ticketed events at twenty-five percent from October 8 to November 6, 2020 (Ex. WI-012; enforcement interrupted for five days by litigation, Ex. WI-022), with Dane County and Milwaukee governing thereafter; Kansas defined the prohibited "mass gathering" as "any planned or spontaneous, public or private event or convening" of fifty and then ten from March 17 and 25, 2020, moved to recommendations on May 26, 2020 and left Douglas, Sedgwick and Shawnee Counties to cap banquet halls and conference centers at 100 or fifty percent in the winter; Missouri's State order ended June 15, 2020 and St. Louis City and County and Kansas City governed the industry to May 2021, with Boone County capping weddings, funerals and wakes at ten from March 25, 2020; South Dakota directed local governments to restrict gatherings of ten or more from March 23 to April 28, 2020, and its Fourth Judicial Circuit ordered that "[n]o weddings shall be performed by any authorized Fourth Circuit employee and no weddings shall be performed in the Courthouses of the Fourth Circuit" from March 23, 2020 to May 27, 2021.50

The South

Texas reopened "wedding venues and the services required to conduct weddings" at twenty-five percent of occupancy on May 8, 2020, the earliest wedding-specific clause in the fifty States, after ordering every person to minimize social gatherings from April 2; it then required mayoral or county-judge approval for outdoor gatherings over 500 from June 3, over 100 from June 26 and over ten from September 21, 2020 to March 10, 2021, ordered that "people shall not be in groups larger than 10," capped venues at seventy-five percent and at fifty percent in high-hospitalization areas, and removed its limits on March 10, 2021.51 Florida closed "banquet halls" by name in Broward and Palm Beach Counties on March 20, 2020, declared on April 1 that "[a] social gathering in a public space is not an essential activity," barred groups over ten where distancing was impossible from May 4, reopened concert houses and auditoriums at fifty percent on June 5 and removed every State capacity limit while suspending local fines on September 25, 2020, leaving Miami-Dade, Broward and Palm Beach to hold banquet halls and venues closed to the last week of September 2020 and to govern by local order to May 3, 2021.52 Georgia prohibited any business from allowing more than ten persons within six feet from noon March 24, 2020, closed live performance venues from April 3 through June 30, 2020 (Ex. GA-010; Ex. GA-018; Ex. GA-022; Ex. GA-023; Ex. GA-024, the last ordering that "Live Performance Venues shall not host events prior to July 1, 2020"), capped gatherings at twenty-five from June 1 and fifty from June 16, 2020 through April 7, 2021, and forbade "Conventions" before July 1, 2020, bound "all banquet facilities, private event facilities, and private reception venues where food is served" to the restaurant protocols, and converted its measures to recommendations on May 1, 2021.53 Virginia prohibited "[a]ll public and private in-person gatherings of more than ten individuals," including "parties, celebrations, religious, or other social events," on March 30, 2020, permitted 250 on July 1, cut to twenty-five on November 16 and ten on December 14, 2020 with "private bookings" at venues limited to ten, stepped to fifty and 100 in April and May 2021 and ended its order on May 28, 2021.54 Maryland's Department of Health declared on June 12, 2020 that "Convention events are prohibited until further notice"; the Governor held banquet and convention facilities at fifty percent until May 15, 2021 after every other cap had ended on March 12, 2021; and Howard County prohibited social gatherings "to include ... wedding receptions at a wedding venue" from November 27, 2020 to February 19, 2021.55 Louisiana capped crowds at fifty on July 13, 2020, capped event centers at fifty percent or 250 on September 11, cut event centers to twenty-five percent capped at seventy-five indoors and reception halls to twenty-five percent on November 25, 2020, raised event centers, reception halls and conventions to seventy-five percent on April 28, 2021 and ended its caps on May 26, 2021.56 Kentucky ordered on November 18, 2020 that "[i]ndoor venues, event spaces, and theaters are limited to 25 people per room. This limit applies to indoor weddings and funerals," then held venues at fifty, sixty and seventy-five percent to June 11, 2021; North Carolina capped mass gatherings at ten for most of fourteen months and conference centers at thirty percent or 100 from October 2, 2020, lifting its caps on May 14, 2021; South Carolina closed concert venues, theaters, auditoriums and performing-arts centers from April 1, 2020 and reopened them only as "Gatherings" capped at the lesser of fifty percent or 250 with face coverings from August 3, 2020 to March 1, 2021; Mississippi named "reception halls and conference centers" from June 10, 2020 and capped indoor gatherings at ten from July 24 to September 30, 2020 and from December 11, 2020 to March 3, 2021; Alabama defined its prohibited "non-work related gathering" to include weddings, concerts and festivals from May 11, 2020 and ended its numeric caps on November 8, 2020; Arkansas defined its covered "Large Indoor Venues" as those hosting "concerts, weddings, plays ... conferences, conventions ... trade shows, and festivals," held them to sixty-six percent with an approved plan and, from January 2, 2021, required a plan for any event above ten attendees, until February 26, 2021; Tennessee capped social gatherings at fifty from May 22 to September 30, 2020 and prohibited indoor social gatherings of ten or more from December 20, 2020 to January 31, 2021 while exempting weddings by name; Oklahoma imposed a statewide fifty percent gathering cap from December 14, 2020 to March 12, 2021 while Tulsa prohibited every "public or private event or social gathering, defined as more than one person outside of a single residence" from March 28, 2020 and required health-department plans for events of 150 or more to April 30, 2021; West Virginia designated weddings "Essential" on a distancing condition while capping every reception, concert and festival at ten, twenty-five, 100, twenty-five and ten, re-closing fairs, festivals and amusement parks from July 14, 2020 to April 30, 2021; and the District prohibited mass gatherings over fifty, closed venues absent a waiver and provided that special-event permits would not be considered from June 22, 2020, cut gatherings to ten and twenty-five on November 25, 2020 and lifted its limits on May 21, 2021.57

The West

California barred all gatherings under the stay-at-home order of March 19, 2020, closed indoor venues statewide on July 13, fixed the Blueprint on August 28, 2020 with no indoor private event in any tier, closed everything under the Regional Stay at Home Order from December 5, 2020 to January 25, 2021, permitted indoor private events for the first time on April 15, 2021 and only where "all guests tested negative for COVID-19 or show proof of full vaccination," capped at 200, ended its caps on June 15, 2021 and kept the mega-event verification rule in force, with the indoor threshold lowered from 5,000 to 1,000 on September 20, 2021.58 Washington prohibited every gathering "regardless of the number of people involved," weddings and funerals included, from March 23, 2020, kept live entertainment prohibited and nightclubs and concert venues in a never-reached Phase 4 through 2020, ordered from November 17, 2020 that "[c]eremonies are limited to a total of no more than 30 people. Indoor receptions, wakes, or similar gatherings in conjunction with such ceremonies are prohibited," and, for miscellaneous venues, that "[a]ll retail activities and business meetings are prohibited," capped venues at twenty-five percent or 200 and then fifty percent or 400 under Healthy Washington, lifted its phase caps on June 30, 2021, kept indoor events over 10,000 at seventy-five percent absent vaccination verification, imposed universal indoor face coverings, an airborne-transmission control binding every venue and workplace, from August 23, 2021 and extended it to every outdoor event of 500 or more from September 13, 2021.59 Oregon prohibited every non-essential gathering without six feet on March 23, 2020, capped indoor social gatherings at ten from July 15, 2020, prohibited mass gatherings through September 2020 so that the State Fair Council cancelled the fair "per State of Oregon restrictions on the size of mass gatherings," closed venues under the Freeze and under the highest tier of the county framework of Executive Order 20-66, lifted its framework on June 30, 2021 and re-imposed universal indoor face coverings on August 13 and extended them to crowded outdoor settings on August 27, 2021, occupational-health and airborne-transmission controls that Oregon OSHA's Administrative Order 10-2021 carried into every workplace as a duty of the employer.60 Nevada closed venues on March 20, 2020, prohibited gatherings of ten or more on March 24, kept live events closed to the public to October 1, 2020, capped gatherings at the lesser of 250 or fifty percent from October 1, the lesser of fifty or twenty-five percent from November 24, 2020 and the lesser of 250 or fifty percent again from March 15, 2021, delegated to counties on May 1 and ended State review of large gatherings on June 1, 2021, then re-imposed indoor face coverings on every person, vaccinated or not, from July 30, an airborne-transmission control enforced against employers by Nevada OSHA and against licensees by the Gaming Control Board (Directive 047), and conditioned unmasked attendance at events and conventions of 4,000 or more on proof of vaccination from August 16 and September 2, 2021.61 Hawaii prohibited any gathering of more than ten and closed concert halls, theaters, fairs and social clubs from March 25, 2020, governed by county tiers through the spring of 2021, and re-imposed statewide caps of ten indoors and twenty-five outdoors on social gatherings and fifty percent capacity on restaurants, bars and social establishments on August 10, 2021, with professional events over fifty to consult the county, until December 1, 2021.62 New Mexico prohibited gatherings of more than five from March 24, 2020, capped them at ten from August 29 and five from October 16, barred houses of worship from hosting non-religious events from October 23, closed large entertainment venues from November 16, ran a county framework of five, ten, twenty or 150 from December 2, 2020 to June 30, 2021 and re-imposed universal indoor face coverings from August 20, 2021, a workplace infection-prevention and exposure-control requirement addressed to every indoor public setting in the State that bound every business, establishment and non-profit to the COVID-Safe Practices under a civil penalty of $5,000 per violation.63 Colorado permitted "indoor and outdoor events such as receptions, events, non-critical auctions, theaters, trade shows, markets, indoor malls, rodeos, fairs, festivals and parades" at 100 indoors and 175 outdoors from June 18, 2020, closed indoor events at Level Red in the winter and ended its caps on April 16, 2021 with a 500-person indoor cap to June 1, 2021; Arizona required local approval for every organized public event over fifty from June 29, 2020 to March 25, 2021; Utah barred every social gathering outside the household from November 9 to 23, 2020 unless "the social gathering has an event host or occurs at a business" and imposed event-host face-covering, distancing, signage and template duties on every planner and venue to May 4, 2021; Alaska prohibited weddings, graduations and funerals of any size from March 28 to April 24, 2020 and left Anchorage to cap events to May 3, 2021 and Juneau to cap indoor gatherings at fifty from July 30, 2021; Idaho prohibited gatherings over fifty from October 27 and over ten from November 14, 2020 to February 1, 2021, with Ada County and Boise capping to 2021; Montana capped groups at twenty-five from November 20, 2020 to January 15, 2021; and Wyoming defined "Large Indoor Events of More Than Five Hundred (500) People" to include "rodeos, concerts, organized sporting events, fairs ... farmer's markets, weddings, and any other event of a similar nature" and held them to fifty percent through May 31, 2021 after capping personal gatherings at ten, twenty-five and fifty for a year.64

The 2021 transition and the preemption States

No single national instrument ended the industry's caps. They ended in a range from April 28, 2020 (South Dakota) to December 1, 2021 (Hawaii), with a median in late May 2021, and the Northeast, the West Coast and the largest Midwestern States released the industry last: New York May 19 and June 15, New Jersey May 28 and June 4, Massachusetts May 29, Pennsylvania May 31, Illinois June 11, California June 15 with the mega-event rule continuing, Michigan June 22, Washington and Oregon June 30, New Mexico July 1, Rhode Island's Reopening Order July 6 and its venue regulation August 31, 2021; Maryland held banquet and convention facilities at fifty percent until May 15, 2021, Wyoming held large indoor events including weddings to fifty percent until May 31, 2021 and Colorado held a 500-person indoor cap to June 1, 2021.65 Texas, Florida, Georgia, Tennessee, Iowa, Arizona, Utah, Arkansas, Oklahoma and Maryland preempted or voided local gathering, venue or vaccination-proof orders at the dates the State table records; in those States the 2021 quarters were carried by the federal layer, the State emergencies and the instruments they kept alive, the school and workforce orders and, for Texas and Georgia, the counter-orders of July and August 2021 that fixed the terms on which every venue operated.66 California, New York, Illinois, Missouri, Kansas, Idaho, Alaska, Nebraska, Colorado, Washington, Massachusetts, Pennsylvania, Louisiana, Georgia (Savannah), North Carolina, Hawaii, Wisconsin and Ohio left county and city orders in force that ran stricter or longer than the State's, and in Missouri, Kansas, Wisconsin and Idaho the local layer was the regime after the State's ended.67

The standing duties

Beneath the seven layers lay a further body of law that bound every employer in this industry 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 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: a statute or rule that commands conduct is an order, a legislature, a health department, a labor department and an occupational-safety agency are each an appropriate governmental authority, and the statute says nothing of the source. This subsection states the layer for seven of the industry's largest markets, Texas, California, Florida, New York, Georgia, Nevada and Connecticut; the fifty-one-jurisdiction table is on this site's standing-duties page.68

The reopening orders did not restore the industry's operation; they permitted it on conditions with the force of law, and the verbs are commands. Texas let "wedding venues and the services required to conduct weddings" operate "provided, however, that for weddings held indoors other than at a church, congregation, or house of worship, the facility may operate at up to 25 percent of the total listed occupancy of the facility," then ordered that "Every business establishment in Texas shall operate at no more than 50 percent of the total listed occupancy of the establishment," each order reciting the penalty of Government Code section 418.173 while incorporating the DSHS protocols with "should," a recommendation recorded as one. Florida's Phase 2 order declared its section 2 protocols "guidance and not enforceable under section 252.47, Florida Statutes," and enforced its section 4 venue conditions under that section. Georgia ordered that "all banquet facilities, private event facilities, and private reception venues where food is served ... shall implement" the listed measures, reciting section 38-3-7. New York's Executive Order 202.31 ordered that reopened businesses "must be operated subject to the guidance promulgated by the Department of Health," and Executive Order 202.45 carried the command into Phase Four: businesses "must be operated in compliance with the guidance promulgated by the Department of Health." Nevada's Directive 018: "All employers must take proactive measures to ensure compliance with the social distancing and sanitation guidelines. All employers shall require employees who interact with the public to wear face coverings, to the maximum extent possible, and shall abide by all other guidelines promulgated by the Nevada State Occupational Safety and Health Administration (NVOSHA)." Connecticut ordered that "Every workplace in the State of Connecticut shall take additional protective measures" and made its Sector Rules "legally binding and enforceable." California permitted sectors to "reopen with certain modifications" and commanded that Californians "must, when they do so, continue at all times to practice physical distancing."69

Beneath the orders, standing law commanded the same conduct. Texas Health and Safety Code section 81.002 has read since 1989: "The state has a duty to protect the public health. Each person shall act responsibly to prevent and control communicable disease." Knowing refusal "to perform or allow the performance of certain control measures" is a Class B misdemeanor; disobedience of a published order in an area quarantine "is a felony of the third degree." Florida made violation of "any requirement adopted by the department pursuant to a declared public health emergency," and of "any rule or order" under its Emergency Management Act, a misdemeanor of the second degree; New York made any person who "violates, disobeys or disregards" a lawful health order liable to "a civil penalty of not to exceed two thousand dollars for every such violation"; Connecticut gave the Governor's orders "the full force and effect of law," made violation of "any provision of this chapter" a class D felony, provided that an individual who violates a public health emergency order "shall be fined not more than one thousand dollars or imprisoned not more than one year, or both, for each offense," and enforced the Sector Rules through the civil penalty of $10,000 per violation that the orders themselves created; California, Georgia and Nevada have their equivalents.70

The workplace-safety duty bound every one of these employers independently. Texas Labor Code section 411.103 commands that "Each employer shall" provide "a place of employment that is reasonably safe and healthful for employees" and "take all other actions reasonably necessary to make the employment and place of employment safe"; California's Labor Code, Georgia's section 34-2-10, Nevada's NRS 618.375, New York's Labor Law section 200 and Connecticut's section 31-49 state the same duty; California's emergency temporary standard bound every employer from November 30, 2020, and New York's HERO Act required an airborne infectious disease exposure prevention plan from July 2021. In every State the general duty clause 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." OSHA read the clause to every employer in March 2020, cited employers under it from September 10, 2020, and a Commission administrative law judge affirmed a willful violation of the general duty clause against a tax office whose owner refused face coverings and distancing. The safe-workplace statutes had no COVID-19 content until the health authorities said what a safe workplace required; from that moment screening, distancing, sanitation and face coverings at every venue, studio and set were the statutes' requirement.71

The legislatures then said what the standard of care was. Texas protects a business from pandemic-exposure liability, in every action commenced on or after March 13, 2020, 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." Florida, retroactively from March 29, 2021, immunizes only a defendant that "made a good faith effort to substantially comply with authoritative or controlling government-issued health standards or guidance." Nevada, from August 11, 2020, immunizes an entity only "in substantial compliance with controlling health standards." Georgia set a gross-negligence floor without a compliance clause and left the orders and the safety statutes to enforce the standard; New York and Connecticut shielded health-care providers only; California enacted none, leaving Evidence Code section 669's presumption that a person who "violated a statute, ordinance, or regulation of a public entity" failed to exercise due care. In every form the premise is the same: compliance with the governmental health standards is what a business owed, and a venue, planner or production company that screened, distanced, sanitized and masked in that environment was not choosing; it was complying.72

The largest metros

In the largest markets the county and city orders were the operative instruments: they closed the industry first, held it longer and, in August and September 2021, re-imposed the conditions the States had lifted. New York City closed venues and gyms at 8:00 p.m. on March 16, 2020, ordered telework and a fifty-percent workforce reduction on March 20, cancelled every non-essential gathering of any size on March 25, refused street-event, parade and fair permits from July 7, 2020 into 2021 and, from August 17, 2021, forbade every indoor event venue, catering hall, concert venue, museum and restaurant to admit any patron, employee or contractor without proof of vaccination, with penalties from September 13, 2021.73 Los Angeles County prohibited group events and closed venues on March 16, 2020, "closed the region to on-location filming" on March 20, reopened production on June 12, 2020 only under Appendix J, kept every later order under Appendix J, permitted private events from April 15, 2021 only with every indoor guest tested or vaccinated, capped indoor seated live events at ten to twenty-five percent, re-imposed universal indoor face coverings on every business and public setting from July 17 and by order of August 16, 2021, extended the requirement to outdoor mega-events from August 19-20 (Pasadena by its own order), required vaccination or a test at indoor mega-events of 1,000 or more from September 15 (Pasadena) and ordered verification at bars and outdoor mega-events by order of September 17, 2021 effective October 7; the City of Los Angeles issued its Safer L.A. order on August 24, 2021.74 San Francisco's C19-07y of June 15, 2021 required every business to screen personnel and follow the mega-event rules, and its update of August 12, 2021 required proof of full vaccination of every patron of an indoor event venue and dining establishment from August 20 and of every employee by October 13, 2021.75 New Orleans closed reception facilities and event venues on March 17, 2020, capped gatherings and events under stricter local rules through May 2021, imposed an indoor face-covering mandate on every person and business, with every business required to post and enforce it, from July 31, 2021 and required proof of vaccination or a negative test for entry to indoor dining, bars, concert halls and event spaces from August 16, 2021.76 Honolulu governed by tiers through 2021, cut its gatherings to ten and twenty-five on August 23, 2021, imposed Safe Access O'ahu (proof of vaccination or a test at every restaurant, bar, gym, theater and covered entity) from September 13 and closed every indoor event and outdoor events above stated sizes from September 22, 2021.77 Chicago capped meetings and events at ten under its Stay-at-Home Advisory from November 16, 2020, closed event venues to gatherings under Tier 3 from November 20, imposed an Emergency Travel Order requiring fourteen-day quarantine of arrivals from most of the country for nearly a year and required face coverings in every indoor public place from August 20, 2021, with Cook County following on August 23.78 Boston, Cambridge and Somerville rolled back the Commonwealth's phases in the winter of 2020-21 and required face coverings in every indoor public place from August 20 and 27, 2021, the Boston Licensing Board issuing an advisory on protocols for licensed premises "including weddings and functions"; Philadelphia required face coverings indoors from August 12, 2021 with a vaccinated-only exception; Denver adopted venue and event requirements in May 2021 (Ex. MET-DEN-017), and Boulder County required face coverings in every indoor public space from September 3, 2021 (Ex. MET-DEN-033); Dane County and Madison, Mecklenburg County, Columbus, Juneau, Lincoln, Iowa City, Jackson, Richland County, St. Louis City and County, Kansas City, Jackson County and Johnson County required face coverings in every indoor space in July through September 2021; Louisville required them in its city buildings and vehicles from August 2 (Ex. MET-SDF-017); and Savannah required them in City buildings, schools, hospitals and regulated transport, capped gatherings on City property at fifty (weddings excepted on distancing and face-covering conditions), cancelled every Civic Center event and revoked every event permit on City property from August 24 to September 30, 2021 (Ex. MET-ATL-017).79 The local face-covering orders that reached indoor public places generally were workplace infection-prevention and exposure-control requirements addressed to the premises as well as to the person: Chicago's required every business to post the rule at its entrances and made a business that failed to enforce it subject to closure; Philadelphia's bound every business operating an indoor setting; Boston's bound every person on the premises of every business, performance venue and event space; and Louisville's and Savannah's reached the cities' own buildings and regulated transport. Miami-Dade, Broward and Palm Beach Counties closed banquet halls and venues from March 17-19, 2020 and held "bars, venues and events" closed under Miami-Dade's restated New Normal order of August 31, 2020, with Broward's banquet halls closed under Emergency Orders 20-21 and 20-24 until late September 2020; Howard County barred wedding receptions at venues from November 27, 2020; St. Louis City prohibited public and private events over ten from March 20, 2020, imposed Phase I standards on banquet facilities from May 18, 2020 and prohibited private gatherings over ten from November 14, 2020 to May 14, 2021, while St. Louis County held banquet facilities at twenty-five percent in March 2021; Kansas City required Director approval for gatherings over ten from November 20, 2020; Pitkin County prohibited every "Event" of more than ten, defined to include weddings, conventions and fundraisers, from March 18, 2020; Riverside County cancelled Coachella and Stagecoach for 2020 and April 2021 and the Temecula balloon and wine festival by order; Allegheny County imposed catered-event conditions and a 25-person indoor cap from July 17, 2020; and King County issued its Verification of Vaccination Order on September 16, 2021, "effective immediately" as to preparation, requiring proof of vaccination or a test at every outdoor event of 500 or more and every indoor entertainment establishment from October 25, 2021.80 The metro table on this page tabulates the metro instruments.

The sector regulators

Each authority in this subsection is an "appropriate governmental authority" because the legislature gave it power over the meetings, venues, permits, licenses or products it limited; "appropriate" identifies power over the subject, not over the employer.81 County health officers issued the operative production and event protocols in the nation's largest production and event market: Los Angeles County's Appendix J (music, television and film production) from June 12, 2020 through the third quarter of 2021, Appendix BB (private events: meetings, receptions and conferences) from April 15, 2021, and Appendices Z and Z-1 (outdoor and indoor seated live events) from April 1 and April 15, 2021.82 State health departments issued the catered-event and media-production rules with force in New York under the Governor's executive orders: the Interim Guidance for Food Services, section E, from March 15, 2021, and the Interim Guidance for Media Production from June 23, 2020.83 Alcohol regulators fixed the catering permits: New York's State Liquor Authority published the closing-time guidance that named catering halls on November 13, 2020 and suspended a speedway's license for an event on July 9, 2020; New Jersey's Division of Alcoholic Beverage Control issued its advisory notice on the March 21, 2020 closures, created temporary expansion permits on June 3, 2020 and extended them to November 30, 2022; Colorado's Liquor Enforcement Division authorized product returns for "special event cancellations that are attributable to COVID-19" on March 13, 2020; Massachusetts' Alcoholic Beverages Control Commission advised licensees on food service and gatherings on August 10, 2020 and on the rollback to Phase 3, Step 1 on December 11, 2020; Illinois' Liquor Control Commission announced that non-compliance with the Tier 2 mitigations of October 2020 would be enforced through the license; Iowa's Alcoholic Beverages Division granted relief to bars and restaurants closed by the March 17, 2020 proclamation; and Texas's Alcoholic Beverage Commission suspended the permit of a nightclub for violating the Governor's orders.84 State fair boards cancelled the 2020 fairs of Oregon, Ohio, Minnesota, Iowa, North Carolina, Kansas and Missouri and the 2021 Pennsylvania Farm Show; Illinois cancelled its fairs by executive order and Vermont by order.85 Convention authorities closed McCormick Place from March 2020 to July 2021, the Javits Center from March 10, 2020, the Pennsylvania Convention Center to June 2021 and the Boston Convention and Exhibition Center to September 3, 2021, and Orange County's convention center became a State testing site on March 25, 2020.86 The organizers' notices of the trade shows, conventions, festivals, fairs and recurring gatherings of this industry that these and the other orders disrupted are in the Library's meetings collection, with the venue orders in force on each event's dates. Gaming regulators closed and conditioned the casino showrooms, ballrooms and arenas of Nevada, Louisiana, Indiana and Massachusetts: Nevada's Gaming Control Board issued industry notices under each Directive and applied Directive 047's face-covering rule, an airborne-transmission control on every person on the premises, to every gaming floor from July 30, 2021; Louisiana's Gaming Control Board ordered face coverings for every employee and patron of every licensed floor on August 4, 2021, an occupational-health control enforced through the license, and renewed the order on August 12 and September 22; Indiana's Gaming Commission closed every casino from March 16 to June 15, 2020.87 Tribal governments closed casino venues and prohibited gatherings: the Ho-Chunk Nation closed its six gaming facilities from March 20 to May 26, 2020, Wind Creek Hospitality announced the closure of the Poarch Band's Alabama properties in March 2020 (a release, cited as context and not as an order), the Choctaw Nation Gaming Commission conditioned reopening on May 22, 2020 and the Mescalero Apache Tribe prohibited every "Mass gathering," defined as "any public or private gathering that brings together five (5) or more individuals," from March 24, 2020.88 Courts suspended courthouse weddings and recorded the States' enforcement of the caps: South Dakota's Fourth Judicial Circuit from March 23, 2020 to May 27, 2021; the Northern District of New York in DiMartile.89 Occupational-safety regulators fixed the workplace terms of every crew: Virginia's permanent standard 16VAC25-220 from January 27, 2021, amended September 8, 2021; Oregon OSHA's rules of May 4, June 30 and August 13, 2021; Cal/OSHA's Emergency Temporary Standards readopted June 17, 2021; New Jersey's Executive Order 192 rules carried by Executive Orders 242 and 243; OSHA's National Emphasis Program of March 12, 2021, revised July 7, 2021.90 California's Department of Public Health lowered the indoor mega-event threshold to 1,000 on September 20, 2021.91 Each order in this subsection is a condition on a revenue function of this industry and is cited as an order of the authority that issued it; the regulators', fair boards' and convention authorities' releases, advisories and minutes are cited as those authorities' own records of the orders they implemented and of the closures they compelled, as context and not as orders.

The counterparties

The orders on this industry's counterparties are orders limiting commerce, travel or group meetings, and the commerce they limited was this industry's. The venues, hotels, caterers and restaurants that house the industry's events were closed and capped by the instruments of the State table, and their banquet and meeting space was reached by name: Washington prohibited business meetings and receptions from November 17, 2020 and held meeting space at twenty-five percent or 100 to June 30, 2021; Illinois' Tier 3 closed hotel meeting space to events; Maryland held convention and banquet facilities at fifty percent to May 15, 2021; Massachusetts' Phase II lodging rules permitted "no events, functions, or meetings."92 The clerks and permit offices closed: film permits in Los Angeles and New York City from March 20, 2020; special-event permits not considered in the District from June 22, 2020 and revoked in Savannah from August 24, 2021; marriage-license counters closed or appointment-only under the clerk closures of spring 2020; the Tulsa and Providence event-plan and approval regimes.93 The schools and child-care centers on which the night-and-weekend workforce depends closed in every State in March 2020, ran remote or hybrid in 2020-21 and imposed face coverings and quarantine in 2021-22 under the instruments of the Library's ecosystem and State collections; school venues were closed to rentals.94 The carriers that bring guests, performers and crews operated under the federal conveyance, security-directive, entry and land-border instruments, and the States' traveler-quarantine orders removed the out-of-State guest from every destination wedding and convention in New York, Connecticut, Massachusetts, Hawaii, Alaska, Maine, Vermont, Rhode Island, New Mexico, Kansas, Pennsylvania and Chicago for the periods they ran, New Jersey's parallel travel advisory (an advisory, cited as context) completing the tri-State regime.95 The manufacturers of staging, lighting, sound, tent and rental inventory in Michigan, Pennsylvania, New York and New Jersey were closed by the non-essential closure orders of March 2020, and the flower importers operated under the entry and cargo regimes.96 The health-care system that tests and treats the workforce operated under the elective-procedure, visitation and worker orders of every State; the vaccination mandates of more than twenty States on health-care and public employees from August 2021 competed for the same part-time labor pool.97 Each counterparty order is an order under the statute's text and under the logic of the Notice's own Q&A-12, which makes an employer eligible where its operations are suspended "due to the governmental order that suspended operations of its supplier."98

The ecosystem

The interconnected economy is the mechanism by which orders anywhere limited commerce everywhere, and the statute reaches it. Six mechanisms carried orders addressed to others into this industry's operation. Supply chain and borders: the non-essential manufacturing closures of Michigan, Pennsylvania, New York and New Jersey in March through May 2020 stopped the plants that make staging, truss, lighting, sound and tent inventory; the entry proclamations, land-border notifications, Title 42 order and inbound-testing order closed the movement of foreign performers, cast, crew and cross-border guests from March 2020 to November 8, 2021; the port congestion the Federal Maritime Commission and the Federal Reserve recorded in 2021 delayed every imported input; and the Federal Reserve's Monetary Policy Report of July 2021 stated the mechanism in the central bank's own words: "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."99 Workforce, schools and child care: every public school building in the country was closed by March 25, 2020, forty-eight States closed for the rest of the year, the remote and hybrid orders of 2020-21 and the face-covering and quarantine orders of 2021-22 followed, the FFCRA mandate governed every employer under 500 through December 31, 2020, and the quarantine and isolation orders of every State and county removed exposed staff for ten to fourteen days in every quarter.100 Travel, tourism and gatherings: the interstate traveler quarantines of twelve jurisdictions and Chicago, with New Jersey's advisory, Hawaii's Safe Travels condition on every trans-Pacific arrival to March 2022, the gathering caps of every State and the convention-center closures ended the destination-wedding, convention and festival calendar for the periods they ran.101 Courts and public offices: the permit, licensing and clerk offices closed to walk-in service; the courts that enforce the industry's contracts suspended calendars through 2020 and re-imposed face coverings and screening in the third quarter of 2021.102 Transit: the CDC conveyance order, the TSA directives and the transit agencies' service reductions and enforcement of the federal face-covering rule conditioned every commute and every road trip from February 1, 2021 through the third quarter of 2021.103 Health care as counterparty: the elective-procedure orders of 2020 governed the on-set medics and the clinics that test the workforce; the health-care-worker vaccination orders of fourteen jurisdictions from July 26, 2021 conditioned the medical staff of every large event and the part-time staff who also worked in a clinic.104

Foreign orders as facts and circumstances

The orders of foreign governments are not orders of an "appropriate governmental authority" under the clause, and this analysis does not treat them as such. They are the facts and circumstances in which the United States' own instruments limiting travel and commerce with those countries operated: Canada's discretionary-entry bar on United States residents to August 9, 2021 and its testing, ArriveCAN and quarantine rules thereafter; the European Union's list, which admitted the United States on June 18, 2021 and removed it on August 30, 2021; China's entry suspension; Japan's fourth state of emergency from July 12 to September 30, 2021; Mexico's traffic-light system; and the lockdowns of Vietnam and Taiwan in the third quarter of 2021 that governed the plants supplying the industry's lighting and sound equipment.105 The Congressional Research Service recorded that "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," and that global trade fell 5.3 percent in 2020.106 A touring performer, a foreign crew and a destination-wedding party from abroad were kept from this industry's events by the United States' proclamations; the foreign orders explain why those proclamations were renewed on every month of the six quarters.

  1. Moreland et al., Timing of State and Territorial COVID-19 Stay-at-Home Orders and Changes in Population Movement, 69 MMWR 1198, 1198-1200 (Sept. 4, 2020) (Ex. LAW-201) (42 States and territories issued mandatory stay-at-home orders affecting 2,355 (73 percent) of 3,233 counties; "most jurisdictions issued multiple orders"; eight jurisdictions' mandatory orders extended beyond May 31, 2020). ↩
  2. Ballotpedia (Council of State Governments data), 2,065 executive orders of governors and State agencies, Feb. 2020 - June 29, 2020 (Ex. LAW-203); Ballotpedia, 43 governors issued stay-at-home or non-essential-closure orders; seven States did not (Ex. LAW-204). ↩
  3. HHS HealthData.gov, State and county COVID-19 policy orders dataset (gyqz-9u7n) (API read Sept. 26, 2026) (Ex. LAW-205) (4,218 policy-order entries: 1,707 State, 2,511 county; 3,191 start and 1,027 stop rows; 794 counties in 35 States; 2 start rows in 2021 Q2 and none in 2021 Q3, the curators having stopped coding in the spring of 2021). ↩
  4. Katz et al., 10 Sci. Data 491 (July 27, 2023) (COVID AMP) (Ex. LAW-202) ("over 20,000 policies captured at the national and state level" for "each of the U.S. states, Puerto Rico, and Guam from January 2020 to June 2022"; "[a]mong U.S. state and national policies, 95% were issued prior to November 23, 2021"; approximately 8,000 U.S. county policies). ↩
  5. Kaiser Family Foundation, State COVID-19 Data and Policy Actions, State Social Distancing Actions, files as of June 30, 2020 (Ex. LAW-230), Oct. 1, 2020 (Ex. LAW-231), Jan. 4, 2021 (Ex. LAW-232), Apr. 5, 2021 (Ex. LAW-233), July 2, 2021 (Ex. LAW-246) and Sept. 21, 2021 (Ex. LAW-247) (on Sept. 21, 2021: emergency declarations in 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; statewide face-covering requirements in Oregon (all persons), the District, Hawaii, Illinois, Louisiana, New Mexico and Washington (indoor) and California, Connecticut, Nevada and New York (unvaccinated)). ↩
  6. Bureau of Economic Analysis, Gross Domestic Product, 2nd Quarter 2020 (Advance Estimate) (July 30, 2020) (Ex. LAW-253); GAO-20-625, at 3, 10 (June 2020) (Ex. LAW-213) ("Widespread business closures led to immediate and substantial job losses."); Bureau of Labor Statistics, Business Response Survey, July 20 - Sept. 30, 2020 (Ex. LAW-207) ("52 percent of establishments (4.4 million) told employees not to work"; "19 percent of establishments (1.6 million) experienced a government-mandated closure"); Federal Reserve, Beige Book (Sept. 8, 2021) (Ex. LAW-211); Federal Reserve, Beige Book (May 27, 2020) (Ex. LAW-218) ("mandated closures of retail establishments remained largely in place during most of the survey period"); Bureau of Labor Statistics, The Employment Situation, April 2020 (Ex. LAW-206) ("The changes in these measures reflect the effects of the coronavirus (COVID-19) pandemic and efforts to contain it"). ↩
  7. Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202) and Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203) (continued by Proclamation 10143, Ex. FED-207); Proclamation 9994, 85 Fed. Reg. 15337 (Mar. 13, 2020) (Ex. FED-001) (predicate only); OMB M-20-16 (Mar. 17, 2020) (Ex. FED-264); The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190) ("AVOID SOCIAL GATHERINGS in groups of more than 10 people") (context; the State orders that adopted the number are the binding instruments); DHS, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216) (effective Mar. 21, 2020); U.S. Department of State, suspension of routine visa services (Mar. 20, 2020) (Ex. FED-327); Families First Coronavirus Response Act, Pub. L. 116-127 (Mar. 18, 2020) (Ex. FED-170). ↩
  8. Pub. L. 116-127, §§ 3102, 5102 (Ex. FED-170); 29 C.F.R. part 826, 85 Fed. Reg. 19326 (Apr. 6, 2020) (Ex. FED-171) (defining "quarantine or isolation order" to include stay-at-home orders); the mandate expired Dec. 31, 2020 (Pub. L. 116-260, § 286). ↩
  9. Proclamation 10014, 85 Fed. Reg. 23441 (Apr. 22, 2020; effective Apr. 23, 2020) (Ex. FED-210); Proclamation 10052, 85 Fed. Reg. 38263 (June 22, 2020; effective June 24, 2020) (Ex. FED-211); DHS land-border notifications of Apr. 22, May 22 and June 24, 2020 (Ex. FED-217; Ex. FED-218; Ex. FED-219); Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192) ("large venues" to "operate under strict physical distancing protocols") (context; the template every State phase plan tracked). ↩
  10. CDC, Considerations for Events and Gatherings (May 20, 2020; captured June 12, 2020) (Ex. SEC-17-005) (guidance; incorporated by reference in State venue rules, which are the binding instruments). ↩
  11. DHS land-border notifications of July 22, Aug. 21, Sept. 23, Oct. 22, Nov. 23 and Dec. 22, 2020 (Ex. FED-220; Ex. FED-221; Ex. FED-222; Ex. FED-223; Ex. FED-224; Ex. FED-225); U.S. Department of State, phased resumption of visa services (July 15, 2020) (Ex. FED-328); CDC, Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19, 85 Fed. Reg. 55292 (Sept. 4, 2020) (Ex. FED-022); Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213). ↩
  12. Proclamation 10143, 86 Fed. Reg. 7467 (Jan. 25, 2021; effective 12:01 a.m. Jan. 26, 2021; South Africa from Jan. 30, 2021) (Ex. FED-207) ("The entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within the Schengen Area, the United Kingdom ..., the Republic of Ireland, and the Federative Republic of Brazil during the 14-day period preceding their entry or attempted entry into the United States, is hereby suspended"); Proclamation 10199, 86 Fed. Reg. 24297 (Apr. 30, 2021; effective 12:01 a.m. May 4, 2021) (Ex. FED-208) (India); both revoked by Proclamation 10294, 86 Fed. Reg. 59603 (Oct. 25, 2021), effective 12:01 a.m. Nov. 8, 2021 (Ex. FED-209). ↩
  13. CDC, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021) (signed Jan. 29, 2021; effective 11:59 p.m. Feb. 1, 2021, "until further notice") (Ex. FED-020) ("Persons must wear masks over the mouth and nose when traveling on conveyances into and within the United States"; "A conveyance operator transporting persons into and within the United States must require all persons onboard to wear masks for the duration of travel"; penalties under 42 U.S.C. § 271 and 18 U.S.C. §§ 3559, 3571); TSA, Security Directive SD 1582/84-21-01 (Jan. 31, 2021; effective Feb. 1, 2021) (Ex. FED-050); SD 1544-21-02, SD 1542-21-01 and EA 1546-21-01 (Ex. FED-053; Ex. FED-054; Ex. FED-055); TSOB ratification, 86 Fed. Reg. 26825 (Apr. 20, 2021) (Ex. FED-056); SD 1582/84-21-01A (effective May 12, 2021; expiring Sept. 13, 2021) (Ex. FED-051) ("including those already vaccinated"); Executive Order 13998, 86 Fed. Reg. 7205 (Jan. 21, 2021) (Ex. FED-061). ↩
  14. Executive Order 13991, 86 Fed. Reg. 7045 (Jan. 20, 2021) (Ex. FED-060) (masks and distancing of every person "in Federal buildings or on Federal lands"); OMB M-21-15 (Jan. 24, 2021) (Ex. FED-270) ("No Federal workplace should operate above 25% of normal occupancy standards at any given time during periods of high community prevalence or transmission"); OMB M-21-25 (June 10, 2021) (Ex. FED-271) (rescinding the cap; reentry plans by July 19, 2021). ↩
  15. Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214) (revoking Proclamation 10014); Proclamation 10052 expired Mar. 31, 2021 (Ex. FED-211). ↩
  16. OSHA, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. § 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080) (applying "to all settings where any employee provides healthcare services or healthcare support services"); DIR 2021-02 (Ex. FED-081). ↩
  17. Ex. FED-020; Ex. FED-051; Ex. FED-052; Ex. FED-056; CDC amended pre-departure testing order, 86 Fed. Reg. 7387 (Ex. FED-042); Framework for Conditional Sailing Order, 85 Fed. Reg. 70153 (Oct. 30, 2020) (Ex. FED-031); Proclamations 9984 and 9992 (Ex. FED-200; Ex. FED-201); Ex. FED-207; Ex. FED-208; DHS notifications of June 23, 2021, 86 Fed. Reg. 32764, 32766 (Ex. FED-232; Ex. FED-255) (in effect to 11:59 p.m. July 21, 2021), July 22, 2021 (Ex. FED-233; Ex. FED-256), Aug. 23, 2021 (Ex. FED-234; Ex. FED-257) and Sept. 22, 2021 (Ex. FED-235; Ex. FED-258) (to Oct. 21, 2021); CDC Title 42 order of Oct. 13, 2020, 85 Fed. Reg. 65806 (Ex. FED-037) and reassessment of Aug. 2, 2021, 86 Fed. Reg. 42828 (Ex. FED-038); CDC eviction moratorium extension, 86 Fed. Reg. 34010 (June 24, 2021; to July 31, 2021) (Ex. FED-025) and order of Aug. 3, 2021, 86 Fed. Reg. 43244 (Ex. FED-026) (vacated Aug. 26, 2021); Ex. FED-060; OSHA DIR 2021-03, Revised National Emphasis Program (July 7, 2021) (Ex. SEC-05-002; Ex. FED-083); Safer Federal Workforce Task Force, Model Safety Principles (rev. July 29, 2021) (Ex. FED-272) (masks for all persons regardless of vaccination status in areas of substantial or high transmission; "employees and onsite contractors must sign an attestation confirming their vaccination status"; agency-head approval for any "in-person meeting, conference, or event that will be attended by more than 50 participants"); Executive Orders 14042 and 14043, 86 Fed. Reg. 50985, 50989 (Sept. 9, 2021) (Ex. FED-063; Ex. FED-064) (issued inside the quarter; no private obligation before Oct. 15, 2021; cited as the federal government's own statement of the emergency on Sept. 9, 2021, never as third-quarter obligations); HHS, renewal of the public health emergency effective July 20, 2021 (Ex. FED-016) (predicate only). ↩
  18. Proclamation 10294, 86 Fed. Reg. 59603 (Oct. 25, 2021) (Ex. FED-209); DHS notifications of Oct. 21, 2021, 86 Fed. Reg. 58218, 58216 (Ex. FED-236; Ex. FED-259) (vaccinated non-essential land travelers admitted from Nov. 8, 2021). Both post-date the period and are cited only to fix the end of the chain. ↩
  19. The State table on this page (fifty-one rows, with the start, step, end and third-quarter 2021 columns and the exhibit identifiers for each); the terminating instruments by State are cited in the subsection on the 2021 transition below. ↩
  20. Ex. NY-010 (EO 202.3, Mar. 16, 2020); Ex. NY-012 (EO 202.5, Mar. 18, 2020); Ex. NY-005 (EO 202.10, Mar. 23, 2020); Governor of New York, Executive Order No. 202.33 (May 22, 2020) (Ex. NY-024) (ten); Executive Order No. 202.42 (June 15, 2020) (Ex. NY-030) (twenty-five in Phase Three regions); Executive Order No. 202.45 (June 26, 2020) (Ex. NY-031) ("gatherings of fifty (50) or fewer individuals ... so long as any such gatherings occurring indoors do not exceed 50% of the maximum occupancy"); DiMartile v. Cuomo, No. 1:20-CV-0859, Decision and Order (Doc. 20) (N.D.N.Y. Aug. 7, 2020) (Ex. SEC-25-012) (reciting that the venue "when operating as a restaurant under Defendants' 50-percent capacity restriction, is permitted to hold more than 50 people"; injunction limited to the plaintiffs' two weddings; the cap otherwise maintained); Executive Order No. 202.68 (Oct. 6, 2020) (Ex. NY-008) (cluster zones; $15,000-a-day penalty); Executive Order No. 202.74 (Nov. 12, 2020; effective 10:00 p.m. Nov. 13, 2020) (Ex. NY-037); State Liquor Authority, Guidance on COVID-Related Closing Times (Nov. 13, 2020) (Ex. NY-103) (catering halls); Ex. NY-108, § E (Mar. 15, 2021); Executive Order No. 202.98 (Mar. 21, 2021) (Ex. NY-043) (event venues thirty-three percent from Apr. 2, 2021); Executive Order No. 202.107 (May 10, 2021) (Ex. NY-053) (250 indoors at venues from May 19); Executive Order No. 202.108 (May 17, 2021) (Ex. NY-054) (percentage caps end May 19, 2021); Executive Order No. 202.111 (June 15, 2021) (Ex. NY-057); Executive Order No. 210 (June 24, 2021; effective June 25, 2021) (Ex. NY-049). ↩
  21. Governor of New Jersey, Executive Order No. 104 (Mar. 16, 2020) (Ex. NJ-002; Ex. SEC-06-026); Executive Order No. 107 (Mar. 21, 2020) (Ex. NJ-004); Executive Order No. 152 (June 9, 2020) (Ex. NJ-021); Executive Order No. 156 (June 22, 2020) (Ex. NJ-025); Executive Order No. 161 (July 2, 2020; effective July 3, 2020) (Ex. NJ-028) (outdoor 500); Executive Order No. 173 (Aug. 3, 2020; effective 6:00 a.m. Aug. 4, 2020) (Ex. NJ-031) (indoor twenty-five percent never more than twenty-five; weddings, funerals, religious and political gatherings twenty-five percent never more than 100); Executive Order No. 183 (Sept. 1, 2020; effective Sept. 4, 2020) (Ex. NJ-034; Ex. SEC-17-015) (150); Executive Order No. 196 (Nov. 16, 2020; effective Nov. 17 and Nov. 23, 2020) (Ex. NJ-039) (indoor ten; weddings, religious and civic twenty-five percent never more than 150); Executive Order No. 204 (Nov. 30, 2020; outdoor twenty-five from Dec. 7, 2020) (Ex. NJ-040); Executive Order No. 219 (Feb. 3, 2021; effective Feb. 5, 2021) (Ex. NJ-042); Executive Order No. 225 (Feb. 22, 2021) (Ex. NJ-043; Ex. SEC-17-026); Executive Order No. 230 (Mar. 11, 2021; effective Mar. 19, 2021) (Ex. NJ-044) (weddings and catered events thirty-five percent never more than 150); Executive Order No. 234 (Mar. 29, 2021; effective Apr. 2, 2021) (Ex. NJ-045); Ex. NJ-046 (EO 238); Executive Order No. 239 (May 12, 2021; effective May 19, 2021) (Ex. NJ-047; Ex. SEC-17-027) (250); Ex. NJ-050 (EO 242); Ex. NJ-051 (EO 243). ↩
  22. Ex. PA-004 (life-sustaining list, Mar. 19, 2020, "Traveler Accommodation" listed "No"); Governor of Pennsylvania, Order for Individuals to Stay at Home (Mar. 23, 2020) (Ex. PA-005) and (Apr. 1, 2020, statewide) (Ex. PA-006); Order for Limited Opening of Businesses (May 7, 2020; effective May 8, 2020) (Ex. PA-010) (yellow: gatherings over twenty-five prohibited); Order for the Continued Reopening of the Commonwealth (May 27, 2020; effective May 29, 2020) (Ex. PA-011) (green: over 250 prohibited); Secretary of Health, Order Directing Mitigation Measures (July 15, 2020; effective July 16, 2020) (Ex. PA-016) and Governor's Order Directing Targeted Mitigation Measures (Ex. PA-017) (indoor events over twenty-five and outdoor over 250 prohibited); Amendment of Oct. 6, 2020 (effective Oct. 9, 2020) (Ex. PA-019; Ex. PA-067) (occupancy calculator); Order for Mitigation and Enforcement (Nov. 23, 2020; effective Nov. 27, 2020) (Ex. PA-022; Ex. PA-023) (indoor ten percent, outdoor fifteen percent); Order Directing Limited-Time Targeted Mitigation (Dec. 10, 2020; effective Dec. 12, 2020 to 8:00 a.m. Jan. 4, 2021) (Ex. PA-028; Ex. PA-079) (indoor ten, outdoor fifty; indoor entertainment prohibited); Amendments of Mar. 1, 2021 (Ex. PA-031), Apr. 1, 2021 (effective Apr. 4, 2021) (Ex. PA-033) and May 13, 2021 (effective May 17, 2021; expiring 12:01 a.m. May 31, 2021) (Ex. PA-035; Ex. PA-036). ↩
  23. Governor of Massachusetts, COVID-19 Orders No. 2 (Mar. 13, 2020) (Ex. MA-003), No. 5 (Mar. 15, 2020) (Ex. MA-005), No. 13 (Mar. 23, 2020; effective noon Mar. 24, 2020) (Ex. MA-008), No. 37 (June 6, 2020) (Ex. MA-019) (Phase II lodging: "no events, functions, or meetings"), No. 38 (June 6, 2020) (Ex. MA-020), No. 44 (July 2, 2020; effective July 6, 2020) (Ex. MA-024), No. 46 (Aug. 7, 2020; effective Aug. 11, 2020) (Ex. MA-026), No. 52 (Sept. 29, 2020; effective Oct. 5, 2020) (Ex. MA-032) ("Indoor gatherings are limited to 25 persons in a single enclosed, indoor space ... gatherings at event venues and in public settings ... are limited to a maximum of 100 persons" in "Lower Risk Communities" as the order defined them, otherwise fifty), No. 54 (Nov. 2, 2020; effective Nov. 6, 2020) (Ex. MA-034), No. 57 (Dec. 8, 2020; effective Dec. 13, 2020) (Ex. MA-038), No. 59 (Dec. 22, 2020; effective Dec. 26, 2020) (Ex. MA-040), No. 62 (Jan. 21, 2021) (Ex. MA-042), No. 63 (Feb. 4, 2021; effective Feb. 8, 2021; Appendix effective Mar. 22, 2021) (Ex. MA-043) ("Indoor gatherings are limited to a maximum of 10 people. Outdoor gatherings are limited to a maximum of 25 people"; event venues 100 indoors and 150 outdoors from Mar. 22), No. 66 (Mar. 18, 2021; effective Mar. 22, 2021) (Ex. MA-045) (exhibition and convention halls twelve percent), No. 68 (May 7, 2021; effective May 10, 2021) (Ex. MA-047) (dance floors), No. 69 (May 28, 2021; effective May 29, 2021) (Ex. MA-048). ↩
  24. Connecticut: Ex. CT-002 (EO 7, Mar. 12, 2020); Ex. CT-004 (EO 7D, Mar. 16, 2020: theaters and gyms "shall cease all operations"); Ex. CT-010 (EO 7N, Mar. 26, 2020: social and recreational gatherings of six or more prohibited); Ex. CT-019 (EO 7TT, effective June 1, 2020: ten indoors, twenty-five outdoors); Ex. CT-021 (EO 7ZZ, effective June 17, 2020: DECD sector rules binding); Ex. CT-085 (DECD Indoor Events rules, July 20, 2020: twenty-five including staff); Ex. CT-028 (EO 9B, Sept. 15, 2020: fines); Ex. CT-089 (DECD Indoor Events, Nov. 2020: performing arts fifty percent capped at 100); Ex. CT-099 (DECD Indoor Events, Feb. 26, 2021: indoor private events "limited to 50% capacity, up to 100 people" from Mar. 19, 2021); Ex. CT-100 (DECD Outdoor Events, Feb. 26, 2021: "The maximum permitted outdoor private event gathering size at a commercial venue will be 50 people. Effective March 19, 2021, outdoor private events (e.g. receptions, anniversaries, parties, etc) at commercial venues" 200); Ex. CT-037 (EO 10D, Mar. 18, 2021). Rhode Island: Ex. RI-001 (EO 20-02, Mar. 9, 2020); Ex. RI-031 (EO 20-105, Dec. 11, 2020: "indoor catered events must be cancelled during the Pause"); Ex. RI-034 (EO 21-09, Jan. 29, 2021: catered events fifteen under restaurant rules); Ex. RI-035 (EO 21-18, Feb. 25, 2021: "indoor catered events with licensed catering on site or in a restaurant may have up to 30 people, provided restaurant rules are applied, pre-event testing is conducted"); Ex. RI-037 (EO 21-46, May 7, 2021: catered events eighty percent of seating; venues eighty percent capped at 500); Ex. RI-047 (EO 21-76, July 6, 2021, terminating the Reopening and face-covering orders); Rhode Island Department of Health, 216-RICR-50-15-7 (emergency amendment June 18, 2021; to Aug. 31, 2021) (Ex. RI-071); Ex. RI-097 (Providence EO 2020-20, Nov. 22, 2020). Delaware: Ex. DE-002; Ex. DE-003; Ex. DE-012 (Ninth Modification, Apr. 1, 2020: "organizers and sponsors of gatherings of ten or more" prohibited); Ex. DE-024 (Twentieth Modification, effective June 1, 2020); Ex. DE-025 (Twenty-First Modification, § C.3, effective June 15, 2020: "Gatherings/Events over 250 people ... including but not limited to weddings, concerts, parades, festivals, conventions, fundraisers, sporting events and fairs are hereby prohibited at all locations and venues"); Ex. DE-031 (Omnibus, Sept. 3, 2020, § N); Ex. DE-032 (Nov. 20, 2020: the lesser of thirty percent or fifty); Ex. DE-033 (Dec. 10, 2020; effective Dec. 14, 2020: the lesser of thirty percent or ten); Ex. DE-059 (Feb. 19, 2021: the lesser of fifty percent or twenty-five); Ex. DE-035 (Apr. 1, 2021: outdoor 150); Ex. DE-037; Ex. DE-038 (May 21, 2021). Maine: Ex. ME-004 (EO 14 FY 19/20, Mar. 18, 2020); Ex. ME-034 (EO 6 FY 20/21, Aug. 1, 2020: outdoor 100); Ex. ME-039 (EO 14 FY 20/21, issued Oct. 6, effective Oct. 13, 2020); Ex. ME-042 (EO 16 FY 20/21, Nov. 4, 2020: indoor fifty); Ex. ME-081 (DECD checklist index, Dec. 12, 2020: "the limit on the number of persons for indoor gatherings is currently set at 50 people indoors. This applies to weddings and other indoor events"); Ex. ME-087 (Religious Gatherings checklist: "Limits on gathering size also apply to other ceremonies and rituals such as weddings and funerals"); Ex. ME-053 (EO 35 FY 20/21, Mar. 5, 2021); Ex. ME-057; Ex. ME-058 (May 2021). New Hampshire: Ex. NH-003 (EO #2, Mar. 16, 2020); Ex. NH-008 (EO #16, Mar. 23, 2020); Ex. NH-009 (EO #17, Mar. 26, 2020); Ex. NH-048 (Food Services Industry - Phase 2, with wedding guidance, June 5, 2020; effective June 15, 2020; mandatory to May 7, 2021); Ex. NH-023 (EO #63, Aug. 11, 2020: face coverings at scheduled gatherings of 100 or more). Vermont: Ex. VT-001; Ex. VT-003; Ex. VT-004 (Addenda 1 and 2, Mar. 16, 2020); Ex. VT-008 (Addendum 4, Mar. 20, 2020: gatherings over ten); Ex. VT-023 (Addendum 16, effective June 1, 2020: twenty-five); Ex. VT-097 (June 19, 2020: event venues seventy-five indoors, 150 outdoors from June 26, 2020); Ex. VT-022 (Addendum 15, May 22, 2020) and Ex. VT-025 (Amended and Restated EO 01-20, § 8, June 15, 2020: fairs and festivals "shall not be held"); Ex. VT-034 (Addendum 8, Nov. 13, 2020; effective 10:00 p.m. Nov. 14, 2020: multi-household social gatherings suspended); Ex. VT-093 (Mar. 12, 2021); Ex. VT-086 (May 14, 2021). ↩
  25. Ex. MI-007 (EO 2020-11, Mar. 16, 2020; effective Mar. 17, 2020: assemblages over fifty); Ex. MI-005 (EO 2020-9, Mar. 16, 2020: theaters, casinos, performance venues closed); Ex. MI-011 (EO 2020-21, Mar. 23, 2020; effective Mar. 24, 2020); Ex. MI-031 (EO 2020-110, June 1, 2020: indoor ten, outdoor 100); Ex. MI-033 (EO 2020-115, June 5, 2020); Ex. MI-040; Ex. MI-044 (EOs 2020-160, 2020-176); Michigan Department of Health and Human Services, Gatherings and Face Mask Order (Oct. 29, 2020) (Ex. MI-059) (ten residential; fifty non-residential without fixed seating; 500 at twenty percent with fixed seating); Gatherings and Face Mask Order (Nov. 15, 2020; effective Nov. 18, 2020) (Ex. MI-060) (its terms are quoted from the Dec. 7, 2020 successor) and (Dec. 7, 2020; effective Dec. 9, 2020) (Ex. MI-061), (Dec. 18, 2020; effective Dec. 21, 2020) (Ex. MI-062), (Jan. 13, 2021; effective Jan. 16, 2021) (Ex. MI-063) ("Indoor gatherings are prohibited at non-residential venues"); (Jan. 22, 2021; effective Feb. 1, 2021) (Ex. MI-064) (ten from two households); (Mar. 2, 2021; effective Mar. 5, 2021) (Ex. MI-066) (indoor gatherings "prohibited at non-residential venues, except where no more than 25 persons are gathered"); (May 4, 2021; effective May 6, 2021) (Ex. MI-069); (May 14, 2021; effective May 15, 2021) (Ex. MI-071); (May 24, 2021; effective June 1, 2021) (Ex. MI-073) (fifty percent indoors); Rescission of Emergency Orders (June 17, 2021; effective June 22, 2021) (Ex. MI-076). ↩
  26. Ex. IL-002 (EO 2020-04, Mar. 13, 2020); Ex. IL-004 (EO 2020-07, Mar. 16, 2020: fifty or more prohibited from Mar. 18); Ex. IL-005 (EO 2020-10, Mar. 20, 2020; effective 5:00 p.m. Mar. 21, 2020); Ex. IL-013 (EO 2020-32, Apr. 30, 2020); Ex. IL-016 (EO 2020-38, May 29, 2020); Ex. IL-019 (EO 2020-43, June 26, 2020) ("Any gathering of more than fifty people is prohibited unless exempted by this Executive Order"); Ex. IL-022; Ex. IL-024; Ex. IL-026; Ex. IL-028; Ex. IL-030 (regional mitigations, Aug. 18 to Nov. 11, 2020: meetings and social events twenty-five); Ex. IL-031 (EO 2020-73, Nov. 18, 2020; effective Nov. 20, 2020); Ex. IL-032 (EO 2020-74, Dec. 11, 2020); Ex. IL-079 (EO 2021-01, Jan. 8, 2021); Ex. IL-033; Ex. IL-034 (EOs 2021-02, 2021-03, Jan. 15 and 19, 2021); Ex. IL-054 (Bridge Phase capacities, May 14, 2021: conventions the lesser of 1,000 or sixty percent) and Ex. IL-036 (EO 2021-10, May 17, 2021); Ex. IL-037 (EO 2021-12, June 11, 2021); Ex. IL-018 (EO 2020-42, June 12, 2020: State fairs). ↩
  27. Ex. MN-003 (EO 20-04, Mar. 16, 2020); Ex. MN-022 (EO 20-56, May 13, 2020); Governor of Minnesota, Emergency Executive Order 20-62 (May 23, 2020; effective May 26, 2020) (Ex. MN-023) ("venues that offer gathering space for weddings, funerals, or planned services"); Emergency Executive Order 20-74 (June 5, 2020) (Ex. MN-025); Emergency Executive Order 20-96 (Nov. 10, 2020; effective Nov. 13, 2020) (Ex. MN-031); Ex. MN-032 (EO 20-99, ¶ 6.a.xvi); Emergency Executive Order 20-103 (Dec. 16, 2020) (Ex. MN-033); Emergency Executive Order 21-01 (Jan. 6, 2021; effective Jan. 10, 2021) (Ex. MN-035); Emergency Executive Order 21-07 (Feb. 12, 2021; effective Feb. 13, 2021) (Ex. MN-036) ("These private celebrations, receptions, private parties, and other similar private events must be limited to no more than 50 people"); Emergency Executive Order 21-11 (Mar. 12, 2021; effective Mar. 15, 2021) (Ex. MN-037); Emergency Executive Order 21-21 (May 6, 2021; Step 2 effective 11:59 p.m. May 27, 2021) (Ex. MN-038). ↩
  28. Ex. OH-002 (Mar. 12, 2020); Ohio Department of Health, Director's Order Limiting the Sale of Food and Beverages to Carry-out and Delivery Only, ¶ 3 (Mar. 15, 2020) (Ex. OH-004) (catering at weddings exempted); Ex. OH-006 (Mar. 17, 2020: venues closed); Ex. OH-011 (Stay at Home Order, Mar. 22, 2020); Ex. OH-025 (May 29, 2020, ¶ 3); Director's Amended Order that Reopens Restaurants, Bars, Banquet and Catering Facilities and Services (June 5, 2020) (Ex. OH-092); Director's Third Amended Order (Sept. 23, 2020; effective Sept. 24, 2020) (Ex. OH-035); Director's Order for Entertainment Venues (Aug. 25, 2020) (Ex. OH-034) (fifteen percent of fixed seating; indoor the lesser of 300 or fifteen percent); Ex. OH-038 (Nov. 15, 2020; effective Nov. 17, 2020, ¶ 3); Ex. OH-039; Ex. OH-042 (curfew orders); Ex. OH-077 (addendum, Feb. 11, 2021); First Amended Revised Order to Limit and/or Prohibit Mass Gatherings (Mar. 2, 2021) (Ex. OH-043) and Addenda (Ex. OH-044); Director's Order Rescinding Various Orders (Apr. 5, 2021) (Ex. OH-046); Director's Order for Social Distancing, Facial Coverings and Non-Congregating (Apr. 5, 2021) (Ex. OH-070) and Amended Order (Apr. 8, 2021) (Ex. OH-047); Director's Second Amended Order (May 17, 2021; expiring 12:01 a.m. June 2, 2021) (Ex. OH-048); Director's Amended Order Limiting County Fairs to Junior Fair Activities (July 30, 2020) (Ex. OH-099). ↩
  29. North Dakota: ND Smart Restart standards, Banquets, Ballrooms, Weddings and Event Venues (May 29, 2020) (Ex. ND-046); Ex. ND-041 (Smart Restart plan, May 15, 2020); Ex. ND-047 (May 29, 2020); Ex. ND-062 (EO 2020-43, Nov. 13, 2020; effective Nov. 16, 2020); Executive Order 2020-43.4 (Jan. 7, 2021; effective Jan. 8, 2021) (Ex. ND-072); Executive Order 2020-43.5 (Jan. 16, 2021; effective 8:00 a.m. Jan. 18, 2021) (Ex. ND-074; Ex. ND-073). Nebraska: Ex. NE-002 (DHM 2020-001, Mar. 19, 2020: "This also includes weddings and funerals, as well as parades, fairs, festivals, concerts and other indoor and outdoor events"); Ex. NE-008 (DHM 2020-009, Apr. 3, 2020, statewide); Ex. NE-010; Ex. NE-011 (Phase I, May 4, 2020: religious services "limited to the ceremony or service only"); Ex. NE-013; Ex. NE-014; Ex. NE-015 (Phase IV); Ex. NE-019 (Oct. 21, 2020); Ex. NE-020; Ex. NE-021 (Nov. 11, 2020); Ex. NE-023 (color phases); Ex. NE-026 (Jan. 30, 2021); Ex. NE-037 (Sept. 14, 2020). Iowa: Ex. IA-002 (Mar. 17, 2020); Ex. IA-010 (Region 6, Apr. 16, 2020); Ex. IA-012 (Apr. 27, 2020); Ex. IA-016 (May 20, 2020; effective May 22, 2020: a wedding reception only if the host complies with every restaurant requirement); Ex. IA-017 (May 26, 2020; effective May 28, 2020); Ex. IA-018 (June 10, 2020; effective June 12, 2020: percentage caps lifted, six-foot seated-service mandates retained for reception venues); Ex. IA-019; Ex. IA-024; Ex. IA-027 (continuations); Ex. IA-029 (Nov. 10, 2020); Ex. IA-030 (Nov. 16, 2020; effective Nov. 17, 2020: indoor gatherings over fifteen and outdoor over thirty prohibited); Ex. IA-033 (Dec. 16, 2020; effective Dec. 17, 2020); Ex. IA-035 (Feb. 5, 2021; effective Feb. 7, 2021). Indiana: Ex. IN-006 (EO 20-08, Mar. 23, 2020: "Any gathering of more than ten (10) people is hereby prohibited"); Ex. IN-024 (EO 20-26, May 1, 2020: receptions and visitations capped while religious services exempt); Ex. IN-033 (EO 20-35, July 1, 2020); Ex. IN-034 (EO 20-36, July 16, 2020); Ex. IN-046 (EO 20-48, Nov. 13, 2020; effective Nov. 15, 2020: county-color caps of 250/100/50/25 with plan approval above); Ex. IN-050 (EO 20-52, Dec. 31, 2020); Ex. IN-053; Ex. IN-055 (EOs 21-02, 21-05, Feb.-Mar. 2021); Ex. IN-059 (EO 21-09, Mar. 31, 2021; caps end Apr. 6, 2021). Wisconsin: Ex. WI-002 (Emergency Order #12, Mar. 24, 2020; effective 8:00 a.m. Mar. 25, 2020, §§ 3, 4.b, 13.h: weddings, funerals and religious gatherings "fewer than 10 people"); Wisconsin Legislature v. Palm, 2020 WI 42 (May 13, 2020) (Ex. WI-007); Wisconsin Department of Health Services, Emergency Order #3 (Oct. 6, 2020; effective 8:00 a.m. Oct. 8, 2020; to Nov. 6, 2020) (Ex. WI-012) and Tavern League of Wisconsin, Inc. v. Palm, 2021 WI 33 (Apr. 14, 2021) (Ex. WI-022) (enforcement interrupted for five days by the litigation); Fabick v. Evers, 2021 WI 28 (Mar. 31, 2021) (Ex. WI-021); Public Health Madison and Dane County, Emergency Order #2 (May 18, 2020; effective May 19, 2020) (Ex. MET-MKE-005); Emergency Orders #10 (Nov. 17, 2020) (Ex. MET-MKE-014) and #11 (Dec. 15, 2020) (Ex. MET-MKE-016); Milwaukee, Order #4.2 (Oct. 26, 2020) (Ex. MET-MKE-034); Becker v. Dane County, 2022 WI 63 (Ex. WI-024) (confirming the lawfulness of the local orders). Kansas: Ex. KS-004 (39 Kan. Reg. No. 12A: EOs 20-03 to 20-07, Mar. 17, 2020); Ex. KS-007 (EO 20-14, Mar. 24, 2020; effective 12:01 p.m. Mar. 25, 2020: "mass gatherings ... any planned or spontaneous, public or private event or convening that will bring together or is likely to bring together 10 or more people in a confined or enclosed space at the same time"); Ex. KS-023 (May 26, 2020 proclamation); Douglas County Local Health Officer, Emergency Order (Nov. 20, 2020) (Ex. KS-094) (banquet halls, conference centers, concert halls and performance venues capped at 100 or fifty percent); Johnson County Board of Public Health Order No. 002-20 (Nov. 13, 2020; effective Nov. 16, 2020) (Ex. MET-KC-061). Missouri: Ex. MO-004 (Stay Home Missouri Order, Apr. 3, 2020; effective Apr. 6, 2020); Ex. MO-006; Ex. MO-007 (Phase 1 orders, May 4 to June 15, 2020); Ex. MO-044 (Boone County Order 2020-03C, Mar. 24, 2020; effective Mar. 25, 2020: weddings, funerals and wakes limited to ten); Ex. MO-046; Ex. MO-047 (Boone County Phase 2); Ex. MET-STL-003 (Health Commissioner's Order No. 2, Mar. 16, 2020); Ex. MET-STL-005 (Order No. 4, Mar. 20, 2020: "All public and private events and gatherings with more than 10 attendees" prohibited); Ex. MET-STL-009; Ex. MET-STL-024 (Order No. 8 and Phase I standards, May 18, 2020, with Exhibit B banquet-facility rules); Ex. MET-STL-016 (Order No. 15, Nov. 12, 2020; effective Nov. 14, 2020: private gatherings over ten prohibited); Ex. MET-STL-075 (St. Louis County Fourth Amended Safer At Home Order, Mar. 8, 2021: banquet facilities twenty-five percent); Kansas City Eleventh Amended Order 20-01 (Nov. 20, 2020) (Ex. MET-KC-019). South Dakota: Ex. SD-005 (EO 2020-08, Mar. 23, 2020: local governments to "Restrict public gatherings of ten people or more"); Ex. SD-009 (EO 2020-12, Apr. 6, 2020); Ex. SD-017 (EO 2020-20 with the Back to Normal Plan, Apr. 28, 2020); Fourth Judicial Circuit Administrative Order #2, ¶ 13 (Mar. 23, 2020) (Ex. SD-059) ("No weddings shall be performed by any authorized Fourth Circuit employee and no weddings shall be performed in the Courthouses of the Fourth Circuit"). ↩
  30. Ex. TX-003 (GA-08, Mar. 19, 2020; effective 11:59 p.m. Mar. 20, 2020); Ex. TX-008 (GA-14, Mar. 31, 2020; effective 12:01 a.m. Apr. 2, 2020); Ex. TX-010 (GA-16, Apr. 17, 2020); Ex. TX-011 (GA-18, Apr. 27, 2020); Ex. TX-014 (GA-21, May 5, 2020) ("wedding venues and the services required to conduct weddings" may operate "provided, however, that for weddings held indoors other than at a church, congregation, or house of worship, the facility may operate at up to 25 percent of the total listed occupancy of the facility"); Ex. TX-016 (GA-23, May 18, 2020); Ex. TX-019 (GA-26, June 3, 2020: outdoor gatherings over 500 by local approval); Ex. TX-021 (GA-28, June 26, 2020: outdoor over 100 by approval; "people shall not be in groups larger than 10"); Ex. TX-022 (GA-29, July 2, 2020: face coverings); Ex. TX-023 (GA-30, Sept. 17, 2020; effective Sept. 21, 2020: venues seventy-five percent; outdoor over ten by approval); Ex. TX-025 (GA-32, Oct. 7, 2020; effective Oct. 14, 2020: fifty percent in high-hospitalization areas); Ex. TX-029 (GA-34, Mar. 2, 2021; effective Mar. 10, 2021); State v. El Paso County, No. 08-20-00226-CV (Tex. App. Nov. 13, 2020) (Ex. TX-047). ↩
  31. Ex. FL-007 (EO 20-70, § 1, Mar. 20, 2020); Ex. FL-008 (EO 20-71, Mar. 20, 2020); Ex. FL-010 (EO 20-91, Apr. 1, 2020; effective Apr. 3, 2020, § 3: "A social gathering in a public space is not an essential activity"); Ex. FL-022 (EO 20-112, Apr. 29, 2020; effective May 4, 2020, § 2.C); Ex. FL-034 (EO 20-139, June 3, 2020; effective June 5, 2020); Ex. FL-047 (EO 20-244, Sept. 25, 2020); Ex. FL-060 (EO 21-102, May 3, 2021); Miami-Dade County Emergency Orders 03-20 (Mar. 17, 2020) (Ex. MET-MIA-002), 07-20 (Mar. 19, 2020) (Ex. MET-MIA-003), 26-20 (July 2, 2020; effective July 3, 2020) (Ex. MET-MIA-011), 27-20 (curfew, July 2, 2020) (Ex. MET-MIA-012), 28-20 (Aug. 28, 2020; effective Aug. 31, 2020) (Ex. MET-MIA-013) ("bars, venues and events" closed) and 30-20 (Sept. 26, 2020) (Ex. MET-MIA-015); Broward County Administrator's Emergency Orders 20-21 (July 8, 2020; effective July 10, 2020) (Ex. MET-MIA-096) and 20-24 (Aug. 21, 2020) (Ex. MET-MIA-034); Palm Beach County Emergency Orders No. 14 (July 14, 2020; effective July 16, 2020) (Ex. MET-MIA-050), No. 24 (Sept. 4, 2020) (Ex. MET-MIA-054) and No. 28 (Sept. 29, 2020) (Ex. MET-MIA-056). ↩
  32. Ex. GA-005 (EO 03.23.20.01, Mar. 23, 2020; effective noon Mar. 24, 2020); Ex. GA-010 (EO 04.02.20.01, Apr. 2, 2020; effective 6:00 p.m. Apr. 3, 2020); Ex. GA-018 (EO 04.23.20.02); Ex. GA-022 (EO 05.12.20.02); Ex. GA-023 (EO 05.28.20.02, effective June 1, 2020: twenty-five); Ex. GA-024 (EO 06.11.20.01, effective June 16, 2020: fifty; "Conventions" prohibited before July 1, 2020); Ex. GA-025 (EO 06.29.20.02, effective July 1, 2020); Ex. GA-032 (EO 03.12.21.01); Ex. GA-034 (EO 03.31.21.03, effective Apr. 8, 2021: gathering ban ended); Ex. GA-035 (EO 04.30.21.01, effective May 1, 2021) ("all Restaurants and Bars, as well as all banquet facilities, private event facilities, and private reception venues where food is served ... shall implement" the listed measures, restating the 2020 orders; measures become recommendations). ↩
  33. Ex. VA-004 (EO 53, Mar. 23, 2020; effective 11:59 p.m. Mar. 24, 2020: theaters, concert venues, museums, bowling, arcades, amusement parks closed); Ex. VA-006 (EO 55, Mar. 30, 2020: "All public and private in-person gatherings of more than ten individuals are prohibited. This includes parties, celebrations, religious, or other social events, whether they occur indoor or outdoor"); Ex. VA-010 (EO 61, May 8, 2020; effective May 15, 2020: Phase One); Ex. VA-013 (EO 65, June 2, 2020; effective June 5, 2020: Phase Two); Ex. VA-014 (EO 67, June 30, 2020; effective July 1, 2020: Phase Three, 250); Ex. VA-015 (EO 68, July 28, 2020; effective July 31, 2020: Eastern Region fifty); Ex. VA-016 (EO 72, Dec. 10, 2020; effective 12:01 a.m. Dec. 14, 2020: ten; venues the lesser of thirty percent or 250; "private bookings" ten); Ex. VA-017; Ex. VA-029 (EO 79, May 14, 2021; effective midnight May 28, 2021). ↩
  34. Ex. MD-002 (Mar. 12, 2020: 250); Ex. MD-003 (Mar. 16, 2020: fifty; theaters closed); Ex. MD-004 (Mar. 19, 2020: ten); Ex. MD-007 (Stay-at-Home Order, Mar. 30, 2020); Ex. MD-010 (Stage One, May 13, 2020); Ex. MD-013 (June 10, 2020); Maryland Department of Health, Amended Directive and Order Regarding Community, Recreational, Leisure, Cultural and Sporting Gatherings and Events (June 12, 2020) (Ex. MD-046) ("Convention events are prohibited until further notice"); Ex. MD-016 (Stage Three, Sept. 1, 2020; effective Sept. 4, 2020); Ex. MD-017 (Sept. 18, 2020); Ex. MD-021 (Nov. 17, 2020; effective Nov. 20, 2020: fifty percent); Order No. 21-03-09-01 (Mar. 9, 2021; capacity limits and ¶ I.d cease Mar. 12, 2021) (Ex. MD-026) (banquet and convention facilities remain at fifty percent); Order No. 21-05-12-01 (May 12, 2021; effective May 15, 2021) (Ex. MD-095); Ex. MD-031 (Order 21-06-15-01, June 15, 2021); Howard County Executive Order 2020-20 (Nov. 24, 2020; effective 5:00 p.m. Nov. 27, 2020; rescinded Feb. 19, 2021) (Ex. MET-BAL-089) ("Prohibitions on indoor and outdoor social gatherings to include social and fraternal organizations, recreation sports and programs or events, and wedding receptions at a wedding venue"); Anne Arundel County Executive Order No. 45 (Mar. 12, 2021) (Ex. MET-BAL-072). ↩
  35. Ex. LA-002 (27 JBE 2020, Mar. 13, 2020: 250); Ex. LA-003 (30 JBE 2020, Mar. 16, 2020; effective Mar. 17, 2020: fifty; theaters, bowling alleys, casinos closed); Ex. LA-005 (33 JBE 2020, Mar. 22, 2020; effective Mar. 23, 2020: ten; all places of public amusement closed); Ex. LA-010 (58 JBE 2020, Phase 1, May 15, 2020); Ex. LA-012; Ex. LA-013 (74 and 83 JBE 2020, Phase 2, June 5 and 26, 2020: 250 indoor crowd cap; concert halls, fairs and festivals closed); Ex. LA-014 (89 JBE 2020, July 11, 2020; effective July 13, 2020: crowds fifty); Ex. LA-018 (117 JBE 2020, Sept. 11, 2020: event centers fifty percent or 250); Ex. LA-023 (168 JBE 2020, Nov. 24, 2020; effective Nov. 25, 2020: event centers twenty-five percent capped at seventy-five indoors; reception halls twenty-five percent); Ex. LA-028 (29 JBE 2021, Mar. 2, 2021; effective Mar. 3, 2021: 250 indoors); Ex. LA-029 (66 JBE 2021, Mar. 30, 2021; effective Mar. 31, 2021: 500 indoors); Ex. LA-030 (79 JBE 2021, Apr. 27, 2021; effective Apr. 28, 2021) ("[event centers, reception halls, and theaters] No establishment shall exceed 75% of the total occupancy ... [conventions] No establishment shall exceed 75%"); Ex. LA-032 (93 JBE 2021, May 25, 2021; effective May 26, 2021); Jefferson Parish, Modified Phase Two (Nov. 25, 2020) (Ex. MET-MSY-056). ↩
  36. Kentucky: Ex. KY-004 (CHFS Order, Mar. 17, 2020; effective 5:00 p.m. Mar. 18, 2020: concert venues, theaters, sporting facilities closed); Ex. KY-006 (Mass Gatherings Order, Mar. 19, 2020); Ex. KY-021 (June 29, 2020: venues fifty percent); Ex. KY-023 (July 20, 2020: ten); Ex. KY-033 (EO 2020-968, Nov. 18, 2020; effective 5:00 p.m. Nov. 20, 2020, ¶¶ 5-8) ("Indoor venues, event spaces, and theaters are limited to 25 people per room. This limit applies to indoor weddings and funerals"); Ex. KY-049 (EO 2021-386, June 11, 2021). North Carolina: Ex. NC-002 (EO 117, Mar. 14, 2020: mass gatherings over 100); Ex. NC-004 (EO 120, Mar. 23, 2020; effective Mar. 25, 2020: over fifty; live performance venues, bingo and gaming establishments closed); Ex. NC-005 (EO 121, Mar. 27, 2020; effective Mar. 30, 2020, § 3: over ten; funerals capped at fifty); Ex. NC-011 (EO 141, May 20, 2020; effective May 22, 2020: ten indoors, twenty-five outdoors); Ex. NC-017 (EO 163, Aug. 31, 2020; effective Sept. 4, 2020: twenty-five and fifty); Ex. NC-018 (EO 169, Sept. 30, 2020; effective Oct. 2, 2020: theaters and conference centers thirty percent or 100); Ex. NC-021 (EO 176, Nov. 10, 2020; effective Nov. 13, 2020: ten and fifty); Ex. NC-023 (EO 181, Dec. 8, 2020; effective Dec. 11, 2020: curfew); Ex. NC-026 (EO 195, Feb. 24, 2021; effective Feb. 26, 2021); Ex. NC-027 (EO 204, Mar. 23, 2021; effective Mar. 26, 2021: fifty and 100); Ex. NC-028 (EO 209, Apr. 28, 2021; effective Apr. 30, 2021: 100 and 200); Ex. NC-029 (EO 215, May 14, 2021). South Carolina: Ex. SC-003 (EO 2020-10, Mar. 17, 2020, § 5); Ex. SC-006 (EO 2020-13, Mar. 23, 2020); Ex. SC-010 (EO 2020-17, Mar. 31, 2020; effective 5:00 p.m. Apr. 1, 2020); Ex. SC-013 (EO 2020-21, Home or Work Order, Apr. 6, 2020); Ex. SC-021; Ex. SC-022; Ex. SC-024 (EOs 2020-36, 2020-37, 2020-40, May-June 2020); Ex. SC-027 (EO 2020-50, § 4(C), Aug. 2, 2020; effective 5:00 p.m. Aug. 3, 2020) ("Gathering" capped at "50 percent of the location's occupancy limit ... or 250 people, whichever is less" with face coverings); Ex. SC-032 (EO 2021-11, Mar. 1, 2021). Mississippi: Ex. MS-024 (EO 1496, June 10, 2020: reception halls and conference centers); Ex. MS-039 (EO 1525, Sept. 30, 2020); Ex. MS-051 (EO 1549, Mar. 2, 2021; effective 5:00 p.m. Mar. 3, 2021); Ex. MS-053 (EO 1551, Apr. 30, 2021). Alabama: Ex. AL-005 (Mar. 19, 2020: twenty-five); Ex. AL-011 (Mar. 27, 2020; effective Mar. 28, 2020: ten; night clubs, concert venues, theaters, bingo halls closed); Ex. AL-013 (Stay at Home, Apr. 3, 2020); Ex. AL-017 (Apr. 28, 2020, ¶ 3); Ex. AL-020 (May 8, 2020; effective May 11, 2020, ¶ 3) ("all non-work related gatherings of any size, including drive-in gatherings, that cannot maintain a consistent six-foot distance between persons from different households are prohibited"; "non-work related gathering" defined to include church services, weddings, funerals, concerts, festivals and sporting events); Ex. AL-021 (May 21, 2020; effective May 22, 2020, ¶ 9: venues fifty percent); Ex. AL-027 (July 15, 2020; effective July 16, 2020, ¶ 2: face coverings at outdoor gatherings of ten or more); Ex. AL-038 (Nov. 5, 2020; effective Nov. 8, 2020: occupancy caps ended); Ex. AL-049 (Apr. 7, 2021; effective 5:00 p.m. Apr. 9, 2021). Arkansas: Ex. AR-035 (ADH Directive, Mar. 19, 2020: indoor entertainment venues closed from Mar. 20); Ex. AR-002 (EO 20-10, Mar. 26, 2020; effective Mar. 27, 2020) and Ex. AR-038 (Secretary of Health Directive: gatherings over ten prohibited); Ex. AR-055 (ADH Directive Regarding Large Indoor Venues, amended May 11, 2020; effective May 18 and June 15, 2020) (venues hosting "commercial, community, or civic events ... such as at concerts, weddings, plays, movies, lectures, presentations, conferences, conventions, sporting events, races, fundraisers, trade shows, and festivals" limited to sixty-six percent "with an approved plan"); Ex. AR-056 (Large Outdoor Venues); Ex. AR-066 (revision effective Jan. 2, 2021: plan required for any event above ten attendees); Ex. AR-067 (Feb. 15 and 26, 2021: converted to guidance). Tennessee: Ex. TN-004 (EO 17, Mar. 22, 2020; effective Mar. 23, 2020, ¶ 1.a: gatherings of ten or more prohibited); Ex. TN-006 (EO 21, Mar. 30, 2020: night clubs, live performance venues, concert venues, theaters, amusement parks closed); Ex. TN-007 (EO 22, Mar. 30, 2020, ¶ 8.f); Ex. TN-013 (EO 30, Apr. 28, 2020, ¶ 2); Ex. TN-016 (EO 35, May 7, 2020); Ex. TN-018 (EO 38, May 22, 2020, ¶¶ 2.b, 13.c); Ex. TN-058 (Tennessee Pledge: Attractions, Large Venues & Large Community Events, June 16, 2020); Ex. TN-023 (EO 59, Aug. 28, 2020; expiring 11:59 p.m. Sept. 30, 2020); Ex. TN-027 (EO 70, Dec. 20, 2020, ¶ 2.c) ("gatherings of ten (10) or more persons in an indoor public place for the purposes of social gatherings, activities, or events" prohibited; "Worship services, weddings, funerals, and events related thereto are not social gatherings under Paragraph 2.b"); Ex. TN-032 (EO 80, Apr. 27, 2021). Oklahoma: Ex. OK-074 (Norman Proclamation 2020-04, Mar. 24, 2020; effective Mar. 25, 2020: weddings and funerals outside Essential Activities); Ex. OK-057 (Tulsa EO 2020-04, ¶ 7, Mar. 28, 2020) ("All public or private events or social gatherings, defined as more than one person outside of a single residence, in the City of Tulsa are hereby prohibited"); Ex. OK-058 (Tulsa EO 2020-05, Apr. 1, 2020); Ex. OK-039 (First Amended EO 2021-07, Mar. 12, 2021, ending the fifty percent cap of EO 2020-43 of Dec. 14, 2020). West Virginia: Ex. WV-002 (EO 2-20, Mar. 18, 2020: casinos closed); Ex. WV-003 (EO 3-20); Ex. WV-009 (EO 9-20, Mar. 23, 2020; effective 8:00 p.m. Mar. 24, 2020, §§ 3(n), 4-5) ("Religious gatherings, weddings and funerals" Essential subject to six-foot distancing; gatherings over ten prohibited; places of public amusement, theaters, arcades closed); Ex. WV-017; Ex. WV-021 (hotspot counties, five persons); Ex. WV-026 (EO 32-20, effective May 4, 2020: twenty-five); Ex. WV-036 (EO 42-20, effective June 5, 2020: 100); Ex. WV-040 (EO 49-20, July 1, 2020: fairs and festivals reopened); Ex. WV-042 (EO 51-20, July 13, 2020; effective July 14, 2020: fairs, festivals and amusement parks re-closed; cap cut to twenty-five); Ex. WV-041 (EO 50-20, face coverings, July 7, 2020); Ex. WV-047 (EO 70-20, effective Sept. 16, 2020: ten in Red, Orange and Gold counties); Ex. WV-051 (EO 77-20, Nov. 14, 2020); Ex. WV-058 (EO 6-21, Feb. 20, 2021: seventy-five); Ex. WV-060 (EO 8-21, Mar. 6, 2021: 100); Ex. WV-063 (EO 12-21, effective 12:01 a.m. Apr. 20, 2021); Ex. WV-083; Ex. WV-084 (Morgantown twenty-five-person cap, Sept. 1 to Dec. 15, 2020). District of Columbia: Ex. DC-003 (MO 2020-048, Mar. 16, 2020: fifty; theatres and health clubs closed); Ex. DC-005 (MO 2020-053, Mar. 24, 2020: ten); Ex. DC-079 (MO 2020-075, June 19, 2020; effective June 22, 2020: mass gatherings over fifty prohibited; venues closed absent waiver); Mayor's Order 2020-067, § VIII (May 27, 2020; effective May 29, 2020) (Ex. SEC-03-060) (special-event permits not considered); Mayor's Order 2020-119 (Nov. 23, 2020; effective 12:01 a.m. Nov. 25, 2020) (Ex. DC-013) (outdoor mass gatherings reduced from fifty to twenty-five; indoor gatherings and indoor social gatherings not to exceed ten); Mayor's Order 2020-126 (Dec. 16, 2020; effective 12:01 a.m. Dec. 17, 2020) (Ex. DC-014) (venues and facilities limited to twenty-five percent of the capacity on the Certificate of Occupancy or 250 persons indoors, whichever is fewer); Ex. DC-072 (May 1, 2021 modifications); Ex. DC-073 (May 17, 2021: limits lifted May 21, 2021). ↩
  37. Ex. CA-003 (EO N-25-20, Mar. 12, 2020); Ex. CA-007 (EO N-33-20 with the SPHO Order of Mar. 19, 2020); Ex. CA-010 (SPHO Order of July 13, 2020); Ex. CA-017 (SPHO Order of Aug. 28, 2020, effective Aug. 31, 2020: Blueprint); Ex. SEC-17-016 (Blueprint tiers chart, Aug. 28, 2020 with updates through May 2021); Ex. CA-055 (Blueprint chart, Apr. 2, 2021 version); Ex. CA-018 (Guidance for the Prevention of COVID-19 Transmission for Gatherings, mandatory requirements, Apr. 15, 2021 version; the quarters before its date rest on predecessor versions); Ex. CA-019 (Limited Stay at Home Order, Nov. 19, 2020; effective 10:00 p.m. Nov. 21, 2020); Ex. CA-020 (Regional Stay at Home Order, Dec. 3, 2020; effective Dec. 5, 2020; all regions exited Jan. 25, 2021); Ex. SEC-25-007 (Appendix BB, Apr. 15, 2021) ("Indoor private events are permitted only if all guests tested negative for COVID-19 or show proof of full vaccination against COVID-19. Indoor events are limited to a maximum of 200 people"); Ex. SEC-25-008 (Appendix Z-1, indoor seated live events, Apr. 15, 2021); Ex. SEC-25-015 (Appendix Z, outdoor seated live events, Apr. 1, 2021); Ex. CA-029 (SPHO Order of June 11, 2021, effective June 15, 2021: mega-event verification rule); Ex. CA-036 (the same order as posted and printed Sept. 21, 2021); California Department of Public Health, Beyond the Blueprint for Industry and Business Sectors (Including Guidance for Mega Events), updated Sept. 20, 2021 (Ex. AGY-ST-HEALTH-SUBORDERS-111; Ex. SEC-17-018) (indoor threshold 1,000 from Sept. 20, 2021). ↩
  38. Ex. WA-003 (Proclamation 20-07, Mar. 11, 2020: 250 in King, Pierce and Snohomish); Ex. WA-007 (20-11, Mar. 13, 2020, statewide); Ex. WA-009; Ex. WA-010 (20-13 and 20-14, Mar. 16, 2020: fifty; theaters and bowling alleys closed); Ex. WA-016 (20-25, Mar. 23, 2020); Ex. WA-031 (20-25.3, May 4, 2020); Ex. WA-035 (20-25.4, May 31, 2020); Ex. WA-034 (Safe Start plan, Oct. 7, 2020 version); Ex. WA-041 (20-25.7, July 24, 2020: the July 2020 rollbacks on weddings and funerals and gathering sizes from July 30, 2020); Ex. WA-047 (20-25.8, Nov. 15, 2020; effective Nov. 17, 2020) ("Wedding and Funerals: Ceremonies are limited to a total of no more than 30 people. Indoor receptions, wakes, or similar gatherings in conjunction with such ceremonies are prohibited."; Miscellaneous Venues: "All retail activities and business meetings are prohibited."); Ex. WA-050; Ex. WA-053; Ex. WA-055 (20-25.9 to 20-25.11); Ex. WA-056 (20-25.12, Healthy Washington, Jan. 11, 2021); Ex. WA-064 (Healthy Washington plan, May 18, 2021 version); Ex. WA-065 (20-25.13, May 21, 2021); Ex. WA-106; Ex. WA-107 (Fitness and Indoor Entertainment requirements, versions of June 2, 2021); Ex. WA-072 (20-25.14, July 1, 2021); Ex. WA-101 (Washington Ready, June 30, 2021: indoor events over 10,000 at seventy-five percent absent vaccination verification); Ex. WA-102 (Spectator Events requirements, Sept. 28, 2021 version); Ex. WA-080 (20-25.15, Aug. 20, 2021; effective Aug. 23, 2021); Ex. WA-084 (Secretary of Health Order 20-03.5, Sept. 13, 2021: "Face coverings are required at outdoor events or gatherings attended by 500 or more people."); Ex. WA-085 (20-25.17, Sept. 13, 2021); Ex. WA-111 (Order 20-03.6, Sept. 24, 2021); Miscellaneous Venues COVID-19 Requirements (convention and conference centers, hotel meeting spaces, event centers) (Nov. 16, 2020) (Ex. WA-103). ↩
  39. Ex. OR-002 (EO 20-05, Mar. 12, 2020: 250); Ex. OR-003 (EO 20-07, Mar. 17, 2020: twenty-five); Ex. OR-007 (EO 20-12, Mar. 23, 2020: stay home; all non-essential gatherings regardless of size without six feet prohibited; theaters, arcades, indoor party places closed); Ex. OR-017 (EO 20-25, May 14, 2020: baseline); Ex. OR-020 (EO 20-27, June 5, 2020: Phase II); Ex. OR-025 (OHA face-covering guidance, July 24, 2020 version); Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-071 (Oregon State Fair Council, May 7, 2020: "The 2020 Oregon State Fair ... is canceled per State of Oregon restrictions on the size of mass gatherings"); Ex. OR-031 (Two-Week Pause, Nov. 6, 2020); Ex. OR-033 (EO 20-65, Nov. 17, 2020; effective Nov. 18, 2020: Freeze); Ex. OR-035 (EO 20-66, Dec. 2, 2020: county framework); Ex. OR-038; Ex. OR-040; Ex. OR-042 (EOs 21-05, 21-10, 21-14, 2021); Ex. OR-043 (EO 21-15, June 25, 2021; effective 12:01 a.m. June 30, 2021); Ex. OR-048 (OAR 333-019-1025, Aug. 11, 2021; indoor from Aug. 13 and crowded outdoor from Aug. 27, 2021); Ex. OR-049 (Oregon OSHA AO 10-2021, Aug. 13, 2021). ↩
  40. Ex. NV-001 (Declaration of Emergency, Mar. 12, 2020); Ex. NV-003 (Directive 002, Mar. 18, 2020); Ex. NV-004 (Directive 003, Mar. 20, 2020); Ex. NV-005 (NAC ch. 414 emergency regulation, Mar. 20, 2020: "event venue" defined as non-essential); Ex. NV-009 (Directive 007, Mar. 24, 2020, § 1: gatherings of ten or more prohibited); Ex. NV-012 (Directive 010, Stay at Home Order, Mar. 31, 2020; effective Apr. 1, 2020); Ex. NV-016 (Directive 018, May 7, 2020; effective May 9, 2020, § 7); Ex. NV-017 (Directive 021, May 28, 2020; effective May 29, 2020, §§ 10-11, 22: fifty; live events closed to the public); Ex. NV-028 (Directive 033, Sept. 30, 2020; effective Oct. 1, 2020, §§ 7, 9, 11: the lesser of 250 or fifty percent; venues over 2,500 at ten percent under approved plans; conventions 1,000); Ex. NV-030 (Directive 035, Statewide Pause, Nov. 22, 2020; effective Nov. 24, 2020, §§ 7-9: the lesser of fifty or twenty-five percent); Ex. NV-032 (Directive 037, Feb. 14, 2021; effective Feb. 15 and Mar. 15, 2021); Ex. NV-036 (Directive 041, Mar. 12, 2021); Ex. NV-038 (Directive 044, Apr. 19, 2021: delegation May 1; State review of large gatherings ends June 1, 2021); Ex. NV-039 (Directive 045, May 3, 2021); Ex. NV-041 (Directive 047, July 27, 2021; effective 12:01 a.m. July 30, 2021); Ex. NV-042 (Directive 048, Aug. 4, 2021); Ex. NV-043 (Directive 049, Aug. 16, 2021); Ex. NV-044 (Directive 050, Sept. 2, 2021) ("Large events and conventions of 4,000 or more attendees: mask exception for fully vaccinated attendees conditioned on proof of at least one dose"); Ex. NV-051 (Gaming Control Board Industry Notice 2021-71, July 27, 2021; effective July 30, 2021). ↩
  41. Ex. HI-004 (Third Supplementary Proclamation, Mar. 23, 2020; effective 12:01 a.m. Mar. 25, 2020, § I.C: any gathering of more than ten prohibited; concert halls, theaters, fairs, social clubs "closed to the public"); Ex. HI-007 (Sixth Supplementary Proclamation, Apr. 25, 2020, Exhibit F); Ex. HI-009 (Eighth Supplementary Proclamation, May 18, 2020); Ex. MET-HNL-027 (Honolulu EO 2021-04, Mar. 24, 2021: Tier 3 with wedding rules by tier); Ex. HI-023 (Twenty-First Proclamation, June 7, 2021); Ex. HI-024 (Emergency Proclamation, Aug. 5, 2021); Ex. HI-025 (EO 21-05, Aug. 10, 2021) (§ 1.a: "Indoor social gatherings of more than ten persons and outdoor social gatherings of more than twenty-five persons are prohibited"; restaurants, bars and social establishments fifty percent with "no mingling"; professional events over fifty by county consultation); Ex. HI-056 (press report on EO 21-05); Ex. HI-027 (EO 21-07, Sept. 13, 2021); Ex. HI-029 (Emergency Proclamation of Oct. 1, 2021, Exhibit F restating EO 21-05) (post-period; cited to fix the text and duration); Ex. HI-030 (EO 21-08, Nov. 2, 2021; effective Nov. 12, 2021) and Ex. HI-054 (statewide limits dropped Dec. 1, 2021) (post-period; cited to fix the end of the chain). ↩
  42. Ex. NM-003 (Amended PHEO, Mar. 16, 2020); Ex. NM-005 (Mar. 19, 2020: ten; theaters and recreational facilities closed); Ex. NM-006 (Mar. 23, 2020; effective 8:00 a.m. Mar. 24, 2020: five); Ex. NM-011 (Apr. 11, 2020: houses of worship under the five-person prohibition); Ex. NM-016 (May 15, 2020); Ex. NM-028 (Aug. 28, 2020; effective Aug. 29, 2020: ten); Ex. NM-033 (Oct. 16, 2020: five); Ex. NM-036 (Oct. 22, 2020; effective Oct. 23, 2020: houses of worship may not be used for non-religious events); Ex. NM-039 (Nov. 13, 2020; effective Nov. 16, 2020: large entertainment venues closed); Ex. NM-041 (Nov. 30, 2020; effective Dec. 2, 2020: Red-Yellow-Green framework); Ex. NM-057 (June 2, 2021: county framework through June 30, 2021); Ex. NM-060 (June 30, 2021; effective July 1, 2021: caps lifted); Ex. NM-067 (Aug. 17, 2021: face coverings from Aug. 20, 2021); Ex. NM-070 (Sept. 15, 2021). ↩
  43. Colorado: Ex. CO-025 (Seventh Amended PHO 20-28, ¶ 4, June 18, 2020) ("indoor and outdoor events such as receptions, events, non-critical auctions, theaters, trade shows, markets, indoor malls, rodeos, fairs, festivals and parades ... Outdoor venues may allow up to 175 people ... Indoor venues may allow up to 100 people"); Ex. CO-090 (Pitkin County Standing Public Health Order Related to Events, Mar. 18, 2020: all events of more than ten prohibited; "Event" defined to include weddings, conventions and fundraisers); Ex. CO-051 (PHO 20-38, Apr. 15, 2021; effective Apr. 16, 2021: caps ended; 500-person indoor cap to June 1, 2021); Ex. MET-DEN-017 (Denver venue and event requirements, May 15, 2021). Arizona: Ex. AZ-022 (EO 2020-43, June 29, 2020) ("organized public events of more than 50 people" prohibited "unless the city, town, or county in unincorporated areas, has approved the event"); Ex. AZ-029 (ADHS Emergency Measure 2020-02, Aug. 10, 2020); Ex. AZ-037 (EO 2021-06, Mar. 25, 2021). Utah: Ex. UT-004 (Stay Safe, Stay Home Directive, Mar. 27, 2020); Ex. UT-054; Ex. UT-055 (Weber-Morgan and Wasatch County orders, Mar. 30 to Apr. 2, 2020); Ex. UT-013 (Phased Guidelines, May 6, 2020); Ex. UT-015 (EO 2020-22, May 15, 2020); Ex. UT-026 (UPHO 2020-18, Oct. 14, 2020; effective Oct. 15, 2020: Transmission Index); Ex. UT-029 (EO 2020-73, Nov. 8, 2020; effective Nov. 9, 2020); Ex. UT-030; Ex. UT-031 (EO 2020-75 and UPHO 2020-24, Nov. 12, 2020); Ex. UT-032 (UPHO 2020-25, Nov. 20, 2020; effective Nov. 24, 2020: Event Management Template); Ex. UT-034; Ex. UT-037; Ex. UT-038 (UPHOs 2020-27, 2021-3, 2021-7); Ex. UT-042 (UPHO 2021-10, Apr. 9, 2021); Ex. UT-043 (UPHO 2021-11, May 4, 2021); Ex. UT-041 (S.B. 195). Alaska: Ex. AK-005 (Mandate 003, Mar. 17, 2020; effective 5:00 p.m. Mar. 18, 2020: theaters, bingo halls closed); Ex. AK-011 (Mandate 009, Mar. 23, 2020; effective Mar. 24, 2020: gatherings over ten); Ex. AK-013 (Mandate 011, Mar. 27, 2020; effective 5:00 p.m. Mar. 28, 2020); Ex. AK-043 (Mandate 016 Attachment N, Phase II, May 7, 2020: fifty or fifty percent); Ex. AK-099 (Attachment N advisory, May 22, 2020); Anchorage Emergency Orders EO-09 (May 11, 2020) (Ex. AK-067), EO-10 (May 24, 2020) (Ex. AK-068), EO-14 (July 22, 2020; effective July 24, 2020: indoor over twenty-five prohibited) (Ex. AK-072), EO-15 (July 31, 2020; effective Aug. 3, 2020: indoor over fifteen) (Ex. AK-073), EO-16 (Nov. 25, 2020; effective Dec. 1, 2020: indoor six, outdoor ten) (Ex. AK-074), EO-17 (Dec. 29, 2020; effective Jan. 1, 2021) (Ex. AK-075), EO-18 (Jan. 28, 2021; effective Feb. 1, 2021) (Ex. AK-076), EO-19 (Mar. 4, 2021; effective Mar. 8, 2021) (Ex. AK-077), EO-20 (Apr. 12, 2021; effective Apr. 16, 2021) (Ex. AK-078) and EO-20-V2 (Apr. 30, 2021; effective May 3, 2021) (Ex. AK-079); Ex. AK-035 (Outbreak Health Order No. 6, Nov. 15, 2020); Ex. AK-041 (Juneau Emergency Ordinance 2021-11, Apr. 26, 2021); Ex. AK-095 (Juneau Level High determination, July 29, 2021; effective 12:01 a.m. July 30, 2021: indoor gatherings capped at fifty); Ex. AK-096 (Juneau Ordinance 2021-42, Sept. 27, 2021). Idaho: Ex. ID-003 (Order to Self-Isolate, Mar. 25, 2020, § 5: all gatherings "for social, spiritual and recreational purposes, regardless of the number of people involved" prohibited); Ex. ID-005; Ex. ID-006; Ex. ID-007; Ex. ID-008 (Stages 1-4, May-June 2020); Ex. ID-009 (Modified Stage 3 Order, Oct. 26, 2020; effective Oct. 27, 2020, § 1.d: "indoor gatherings ... of more than 50 people" prohibited); Ex. ID-010 (Modified Stage 2 Order, Nov. 13, 2020; effective Nov. 14, 2020: over ten prohibited); Ex. ID-012 (Stage 3 Guidelines, Feb. 2, 2021); Ex. ID-013 (Stage 4 Guidelines, May 11, 2021); Ex. ID-022; Ex. ID-023; Ex. ID-024; Ex. ID-025 (Ada County orders, June 22 to Oct. 20, 2020: gatherings over fifty and social gatherings over ten prohibited); Ex. ID-073; Ex. ID-076; Ex. ID-077 (Boise Public Health Emergency Orders 20-09, 20-14, 20-16, June 23, 2020 to Apr. 28, 2021). Montana: Ex. MT-005 (Mar. 20, 2020: theaters, nightclubs, concert halls, bingo halls, casinos closed); Ex. MT-007 (Mar. 24, 2020: gatherings over ten where six feet cannot be kept); Ex. MT-009 (Stay at Home Directive, Mar. 26, 2020; effective Mar. 28, 2020, ¶ 3: "all gatherings of any number" outside a household prohibited); Ex. MT-013 (Phase One, Apr. 22, 2020); Ex. MT-014 (Phase Two, May 19, 2020); Ex. MT-016 (Face Covering Directive, July 15, 2020); Ex. MT-048 (Yellowstone County order, Oct. 12, 2020; effective Oct. 14, 2020: twenty-five-person cap); Ex. MT-018 (Directive of Nov. 17, 2020; effective 5:00 a.m. Nov. 20, 2020: group size twenty-five); Ex. MT-052 (Yellowstone County, Nov. 19, 2020: twenty-five; 10:00 p.m. to 4:00 a.m. closure of places of assembly). Wyoming: Ex. WY-001 (EO 2020-2, Mar. 13, 2020); Ex. WY-004 (Statewide Public Health Order #1, Mar. 19, 2020); Ex. WY-005 (Order #2, Mar. 20, 2020: gatherings of ten or more forbidden); Ex. WY-009; Ex. WY-013; Ex. WY-017 (continuations to May 15, 2020: twenty-five with worship and funerals exempt on conditions); Ex. WY-021; Ex. WY-025; Ex. WY-027; Ex. WY-029; Ex. WY-034 (July to Nov. 2020: fifty with events to 250 and outdoor to 1,000); Ex. WY-037 (Nov. 19, 2020; effective Nov. 24, 2020: twenty-five; events twenty-five percent or 100 indoors); Ex. WY-039; Ex. WY-041 (Dec. 7, 2020 and Jan. 2, 2021: ten); Ex. WY-047 (Feb. 25, 2021: twenty-five and fifty); Ex. WY-050; Ex. WY-051 (Twenty-third Continuations of Orders #1 and #2, Mar. 12, 2021; effective Mar. 16, 2021) (large indoor events "include by way of example but are not limited to rodeos, concerts, organized sporting events, fairs, track and field races, farmer's markets, weddings, and any other event of a similar nature ... Indoor events of more than five hundred (500) people are subject to the following conditions"); Ex. WY-054; Ex. WY-057 (Apr. and May 2021 continuations); Ex. WY-058 (WDH release of May 13, 2021: Twenty-seventh Continuations to May 31, 2021). ↩
  44. Ex. SD-017 (Apr. 28, 2020); Ex. AK-099 (May 22, 2020); Ex. WI-007 (May 13, 2020); Ex. KS-023 (May 26, 2020); Ex. MO-007 (June 15, 2020); Ex. FL-047 (Sept. 25, 2020); Ex. AL-038 (Nov. 8, 2020) and Ex. AL-049 (Apr. 9, 2021); Ex. ND-074 (Jan. 18, 2021); Ex. TN-027 as carried to Jan. 31, 2021; Ex. ID-012 (Feb. 2, 2021); Ex. IA-035 (Feb. 7, 2021); Ex. AR-067 (Feb. 26, 2021); Ex. SC-032 (Mar. 1, 2021) and Ex. SC-033 (Mar. 5, 2021); Ex. MS-051 (Mar. 3, 2021); Ex. TX-029 (Mar. 10, 2021); Ex. OK-039 (Mar. 12, 2021); Ex. MD-026 (Mar. 12, 2021) and Ex. MD-095 (May 15, 2021); Ex. WY-050 (Mar. 16, 2021) and Ex. WY-058 (May 31, 2021); Ex. AZ-037 (Mar. 25, 2021); Ex. IN-059 (Apr. 6, 2021); Ex. GA-034 (Apr. 8, 2021); Ex. CO-051 (Apr. 16, 2021; 500-person cap to June 1, 2021); Ex. WV-063 (Apr. 20, 2021); Ex. UT-043 (May 4, 2021); Ex. NC-029 (May 14, 2021); Ex. NY-054 (May 19, 2021) and Ex. NY-057 (June 15, 2021); Ex. CT-037 (EO 10D, with EO 12B of May 20, 2021 repealing the sector rules); Ex. DE-037; Ex. DE-038 (May 21, 2021); Ex. DC-073 (May 21, 2021); Ex. RI-047 (July 6, 2021) and Ex. RI-071 (Aug. 31, 2021); Ex. ME-057 (May 24, 2021); Ex. LA-032 (May 26, 2021); Ex. MN-038 (May 27, 2021); Ex. NJ-050 (May 28 and June 4, 2021); Ex. VA-017 (May 28, 2021); Ex. MA-048 (May 29, 2021); Ex. PA-036 (May 31, 2021); Ex. NV-038 (June 1, 2021); Ex. OH-048 (June 2, 2021); Ex. IL-037 (June 11, 2021); Ex. KY-049 (June 11, 2021); Ex. VT-086 (Step 3 May 14, 2021; Step 4 June 14, 2021); Ex. CA-029 (June 15, 2021); Ex. MI-076 (June 22, 2021); Ex. WA-072 (June 30 and July 1, 2021); Ex. OR-043 (June 30, 2021); Ex. NM-060 (July 1, 2021); Ex. HI-030 and Ex. HI-054 (Dec. 1, 2021, after Ex. HI-025 re-capped Aug. 10, 2021). ↩
  45. Texas: Governor of Texas, Executive Order GA-38 (July 29, 2021) (Ex. TX-036) and GA-39 (Aug. 25, 2021) (Ex. TX-037); Ex. TX-047 (State v. El Paso County). Florida: Ex. FL-047; Ex. FL-060 (EO 21-102, May 3, 2021). Georgia: Governor of Georgia, Executive Order 08.19.21.03 (Aug. 19, 2021) (Ex. GA-043) (suspending local orders that compel business enforcement); Executive Order 06.30.21.01 (June 30, 2021) (Ex. GA-041) (State of Emergency for Continued COVID-19 Economic Recovery) and Executive Order 09.20.21.01 (Sept. 20, 2021) (Ex. GA-046). Tennessee: Ex. TN-032 (EO 80, Apr. 27, 2021: county face-covering authority ended). Iowa: Ex. IA-047 (HF 889). Arizona: Ex. AZ-045 (EO 2021-18, Aug. 16, 2021). Utah: Ex. UT-045 (H.B. 1007). Arkansas: Hickey v. McClane, No. CV-21-421 (Ark. Sept. 30, 2021) (Ex. AR-081) (Act 1002 litigation). Oklahoma: Ex. OK-043 (SB 658, effective July 1, 2021). Maryland: Ex. MD-026, ¶ I.d. ↩
  46. The State table (the Q3 2021 column) and the metro table on this page; the local instruments are cited in the subsection on the largest metros and in the six-quarters section. ↩
  47. CARES Act § 2301(c)(2)(A)(ii)(I), Pub. L. 116-136, 134 Stat. 281, 348 (2020) (Ex. LAW-001); I.R.C. § 3134(c)(2)(A)(ii)(I), 135 Stat. at 177 (Ex. LAW-003); the source and addressee of the order are irrelevant, and "appropriate governmental authority" identifies power over the subject: see this site's statute page. The standing-duty exhibits carry the prefix DUT- and are indexed in the Library beside the State collections; the fifty-one-jurisdiction table of control statutes, order-violation offenses, workplace duties, liability shields and operating-condition clauses is the standing-duties page of this site. ↩
  48. Texas: Ex. TX-014 (GA-21, May 5, 2020) ("wedding venues and the services required to conduct weddings" may operate "provided, however, that for weddings held indoors other than at a church, congregation, or house of worship, the facility may operate at up to 25 percent of the total listed occupancy of the facility"; all persons "should use good-faith efforts and available resources to follow the minimum standard health protocols recommended by DSHS"); Ex. TX-021 (GA-28, June 26, 2020, ¶ 1 and penalty recital); Ex. TX-025 (GA-32, Oct. 7, 2020); Tex. Gov't Code § 418.173 (Ex. DUT-TX-012); the protocols themselves, "the minimum recommended health protocols for all businesses choosing to operate in Texas" (Ex. DUT-TX-020), recorded as recommendations. Florida: Ex. FL-034 (EO 20-139, June 3, 2020, §§ 2, 4, 7); Ex. FL-022 (EO 20-112, § 4.A: retail "if they ... abide by the safety guidelines issued by the CDC and OSHA"); Ex. FL-027 (EO 20-123, § 1). Georgia: Ex. GA-024 (EO 06.11.20.01); Ex. GA-017 (EO 04.20.20.01: "All such businesses shall implement measures which mitigate the exposure and spread of COVID-19. Such measures shall include"); Ex. GA-035 (EO 04.30.21.01); O.C.G.A. § 38-3-7 (Ex. DUT-GA-006). New York: Ex. NY-022 (EO 202.31, May 14, 2020) ("must be operated subject to"); Ex. NY-031 (EO 202.45, June 26, 2020) ("must be operated in compliance with"); Ex. NY-108 (Interim Guidance for Food Services, § E); Ex. NY-131 (the "must" and "should" of the Department's guidance as written). Nevada: Ex. NV-016 (Directive 018, May 7, 2020, § 9); Ex. NV-017 (Directive 021, May 28, 2020, § 3). Connecticut: Ex. CT-014 (EO 7V, Apr. 7, 2020, § 1); Ex. CT-021 (EO 7ZZ, § 4); Ex. CT-085; Ex. CT-099 (DECD indoor-events rules); Ex. CT-028 (EO 9B, Sept. 15, 2020). California: Ex. CA-015 (State Public Health Officer Order, ¶¶ 2-3 (May 7, 2020)); Ex. CA-017 (State Public Health Officer Order, ¶ 8 (Aug. 28, 2020): "all CDPH guidance continues to apply statewide"); Ex. CA-029 (State Public Health Officer Order, ¶¶ 1-4 (June 11, 2021)); Ex. SEC-25-007 (Los Angeles County Appendix BB, at 1). ↩
  49. Tex. Health & Safety Code § 81.002 (Ex. DUT-TX-001); §§ 81.081, 81.082 (Ex. DUT-TX-002); § 81.084 (Ex. DUT-TX-004) (the power to order "a person who owns or controls property" to disinfect or "securely seal off" premises); § 81.087 (Ex. DUT-TX-006); § 81.085(h) (Ex. DUT-TX-005); Tex. Penal Code §§ 12.22, 12.34 (Ex. DUT-TX-019); Tex. Gov't Code § 418.173 (Ex. DUT-TX-012) (a fine to $1,000 and confinement to 180 days, recited in Ex. TX-008, Ex. TX-021, Ex. TX-022). Fla. Stat. § 381.00315 (Ex. DUT-FL-001); § 252.36(1)(b) (Ex. DUT-FL-005) (orders "shall have the force and effect of law"); § 252.47 (Ex. DUT-FL-007) (law enforcement "shall enforce the orders and rules"); § 252.50 (Ex. DUT-FL-008). Cal. Health & Safety Code §§ 120275, 120295 (Ex. DUT-CA-003); Cal. Gov't Code § 8665 (Ex. DUT-CA-007) (a misdemeanor punishable by a fine to $1,000 or six months' imprisonment for refusal to obey a Governor's order). N.Y. Pub. Health Law § 12 (Ex. DUT-NY-001); § 12-b (Ex. DUT-NY-002); Ex. NY-016 (EO 202.14: violations punishable under § 12-b(2)). O.C.G.A. §§ 38-3-7, 38-3-4 (Ex. DUT-GA-006); §§ 31-5-8, 31-5-9 (Ex. DUT-GA-004); Ga. Comp. R. & Regs. r. 511-9-1 (Ex. DUT-GA-005) ("Limit or cancel public gatherings"). NAC 441A.280 (Ex. DUT-NV-008); NRS 441A.910 (Ex. DUT-NV-001); NRS 193.150 (Ex. DUT-NV-005); NRS 199.280 and 202.450, 202.470, recited in the Directives (Ex. DUT-NV-011; Ex. DUT-NV-006). Conn. Gen. Stat. § 19a-131a(d) (Ex. DUT-CT-001) ("shall be fined not more than one thousand dollars or imprisoned not more than one year, or both, for each offense"); § 28-9(b)(1) (Ex. DUT-CT-003) ("Any such order shall have the full force and effect of law upon the filing of the full text of such order in the office of the Secretary of the State"); § 28-22 (Ex. DUT-CT-003) (a class D felony for one "who violates any provision of this chapter," recorded as reaching violations of the chapter and not the orders as such); Ex. CT-028 (EO 9B, Sept. 15, 2020: $100 for failure to wear a face covering, "[a] business entity, rather than the employee, ... liable for a fine of the same amount for any employee's failure," and $500 for hosting an over-cap gathering); Ex. CT-033 (EO 9N, Nov. 24, 2020: $10,000 per violation of the DECD Rules). The commands these statutes place on health officers and departments are the machinery that made the orders compulsory, and the enabling powers are the source of the orders' force. ↩
  50. Tex. Lab. Code § 411.103 (Ex. DUT-TX-013); Cal. Lab. Code §§ 6400(a), 6401, 6402 (Ex. DUT-CA-009) ("Every employer shall furnish employment and a place of employment that is safe and healthful for the employees therein"; "Every employer shall do every other thing reasonably necessary to protect the life, safety, and health of employees"); Cal. Code Regs. tit. 8, § 3203 (Ex. DUT-CA-011); Cal. Code Regs. tit. 8, §§ 3205-3205.4 (Nov. 30, 2020; readopted June 17, 2021) (Ex. CA-023; Ex. CA-024); O.C.G.A. §§ 34-2-10, 34-2-13 (Ex. DUT-GA-009) ("Every employer shall furnish employment which shall be reasonably safe for the employees therein"); NRS 618.375 (Ex. DUT-NV-004) ("Every employer shall: 1. Furnish employment and a place of employment which are free from recognized hazards"); N.Y. Lab. Law § 200 (Ex. DUT-NY-013) ("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) (plans due Aug. 5, 2021; activated Sept. 6, 2021, Ex. NY-129; Ex. NY-127); Conn. Gen. Stat. § 31-49 (Ex. DUT-CT-004) ("the duty of the master to exercise reasonable care to provide for his servant a reasonably safe place in which to work"); DECD, Safe Workplace Rules for Essential Employers (Apr. 7, 2020) (Ex. DUT-CT-015), mandatory under EO 7V § 1 (Ex. CT-014). 29 U.S.C. § 654(a)(1) (Ex. DUT-FED-001; the copies in the State collections are Ex. DUT-FL-015, Ex. DUT-GA-008, Ex. DUT-NY-017, Ex. DUT-CT-009); OSHA, Guidance on Preparing Workplaces for COVID-19, OSHA 3990-03 2020 (Mar. 2020) (Ex. FED-088) (the guidance "is not a standard or a regulation"; the general duty clause "requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm"); U.S. Department of Labor, News Release (Sept. 10, 2020) (Ex. LAW-487) (a meat processor cited under the general duty clause at the statutory maximum); Decision and Order of the Chief Administrative Law Judge, OSHRC Docket No. 21-0432 (June 6, 2022) (Ex. DUT-FED-073) (pending Commission review as captured; willful violation of section 5(a)(1) affirmed against a tax office; the recognized hazard SARS-CoV-2; the refused abatement face coverings, distancing and ventilation). ↩
  51. Act of June 14, 2021, 87th Leg., R.S., ch. 528 (S.B. 6), § 5(a) (Ex. DUT-TX-014) (applicable to every action commenced on or after March 13, 2020); Tex. Civ. Prac. & Rem. Code § 148.003(a) (Ex. DUT-TX-015); Fla. Stat. § 768.38, ch. 2021-1, Laws of Fla., §§ 1, 4 ("This act applies retroactively and prospectively") (Ex. DUT-FL-012); Nev. S.B. 4, 32nd Spec. Sess. (2020), § 29 (Ex. NV-054) ("controlling health standards" defined as any law, regulation or ordinance, or any "written order or other document published by a federal, state or local government or regulatory body," that "prescribed the manner in which an entity must operate"); Ga. L. 2020, p. 798 (S.B. 359), O.C.G.A. §§ 51-16-2, 51-16-5 (Ex. DUT-GA-012) (a gross-negligence floor; the chapter "shall not modify or supersede" the health title), extended by H.B. 112 (2021) (Ex. DUT-GA-013); O.C.G.A. § 38-3-35(b) (Ex. DUT-GA-019) (emergency-management activity protected only when "complying with or reasonably attempting to comply with" the Act and the orders); N.Y. Pub. Health Law art. 30-D, § 3082 (health care facilities and professionals only) (Ex. DUT-NY-016), repealed Apr. 6, 2021 (Ex. DUT-NY-018); Conn. Exec. Order Nos. 7U § 1, 7V § 6 (health care only, "in good faith") (Ex. DUT-CT-012); Cal. A.B. 1035 (2020) ("Inactive Bill - Died") (Ex. DUT-CA-017) (legislative history only; no legal effect); Cal. Evid. Code § 669 (Ex. DUT-CA-013). ↩
  52. Mayor of the City of New York, Emergency Executive Order No. 100 (Mar. 16, 2020; closures at 8:00 p.m.) (Ex. MET-NYC-003); Emergency Executive Order No. 102 (Mar. 20, 2020) (Ex. MET-NYC-005) (telework; fifty-percent workforce reduction; salons, malls, amusements, museums, gyms closed; gatherings over fifty cancelled); Emergency Executive Order No. 144 (Aug. 31, 2020) (Ex. MET-NYC-010); Ex. MET-NYC-017 (EEO 225, § 1: "a covered entity shall not permit a patron, full- or part-time employee, intern, volunteer, or contractor to enter a covered premises without displaying proof of vaccination and identification"; § 9: penalties of $1,000, $2,000 and $5,000 from Sept. 13, 2021; § 11: effective Aug. 17, 2021); Ex. MET-NYC-018; Ex. MET-NYC-019; Ex. MET-NYC-021; the refusal of street-event, parade and fair permits from July 7, 2020 is recorded in Emergency Executive Order No. 130 (July 7, 2020) (Ex. MET-NYC-025). ↩
  53. Ex. MET-LA-001 (Health Officer Order, Mar. 16, 2020); Ex. SEC-25-005; Ex. MET-LA-006 (May 26, 2020); Ex. SEC-25-001; Ex. MET-LA-009 (July 18, 2020); Ex. MET-LA-012 (Dec. 30, 2020); Ex. MET-LA-015 (Orange Tier order, Apr. 14, 2021; effective Apr. 15, 2021); Ex. MET-LA-016 (Yellow Tier order, May 5, 2021; effective May 6, 2021); Ex. SEC-25-007; Ex. SEC-25-008; Ex. SEC-25-015; Ex. MET-LA-019 (Responding Together, High Transmission, Aug. 16, 2021; effective 11:59 p.m. Aug. 19, 2021); Pasadena Health Officer, Order for Wearing of Face Masks at Outdoor Mega-Events (Aug. 18, 2021; effective 12:01 a.m. Aug. 20, 2021) (Ex. MET-LA-054) and Order Requiring Vaccination or Pre-Event Negative Test for Indoor Mega-Events with 1,000 or More Attendees (Aug. 26, 2021; effective 12:01 a.m. Sept. 15, 2021) (Ex. MET-LA-056); Ex. MET-LA-020 (Responding Together, Sept. 17, 2021; effective Oct. 7, 2021) (issued inside the quarter; effect post-period; cited as an order issued Sept. 17 whose compelled preparation began on issuance); Mayor of Los Angeles, Safer L.A. Public Order (Aug. 24, 2021) (Ex. MET-LA-036). ↩
  54. Ex. MET-SFO-008 (C19-07y, June 11, 2021; effective June 15, 2021); Ex. MET-SFO-011 (update of Aug. 12, 2021: patrons from Aug. 20, 2021; personnel by Oct. 13, 2021); Ex. MET-SFO-001; Ex. MET-SFO-002; Ex. MET-SFO-005; Ex. MET-SFO-007; Ex. MET-SFO-009 (the 2020 chain: C19-05b, Mar. 13, 2020; C19-07, Mar. 16, 2020; C19-07b, Mar. 31, 2020; C19-07f, July 13, 2020; C19-17, Dec. 16, 2020). ↩
  55. City of New Orleans, Health Department Guidelines for COVID-19 Reopening Phase Two (June 12, 2020) (Ex. MET-MSY-007); Reopening Guidelines of May 28, 2021 (Ex. MET-MSY-025) (gathering caps of 250 indoors and 500 outdoors; event pathways; mandatory safety requirements for every business); Public Health Advisory of Aug. 12, 2021 (Ex. MET-MSY-030) and Reopening Guidelines of Aug. 13, 2021 (effective 6:00 a.m. Aug. 16, 2021; City enforcement from Aug. 23, 2021) (Ex. MET-MSY-029) (proof of vaccination or a negative test for entry to indoor dining, bars, concert halls, event spaces and indoor amusement); Reopening Guidelines of Oct. 29, 2021 (Ex. MET-MSY-031) (post-period; carrying the requirement forward); the March 17, 2020 closure of reception facilities and event venues (Ex. MET-MSY-002) and the July 31, 2021 face-covering mandate (Ex. MET-MSY-027; Ex. MET-MSY-028). ↩
  56. Ex. MET-HNL-005 (EO 2020-03, Mar. 31, 2020); Ex. MET-HNL-019; Ex. MET-HNL-022; Ex. MET-HNL-024; Ex. MET-HNL-025; Ex. MET-HNL-026 (Honolulu Emergency Orders 2020-25 to 2021-02, Aug. 2020 to Feb. 2021); Ex. MET-HNL-027 (EO 2021-04, Mar. 24, 2021); Ex. MET-HNL-030 (EO 2021-08, June 9, 2021); Ex. MET-HNL-032 (EO 2021-09, July 2, 2021; effective July 8, 2021); Ex. MET-HNL-033 (EO 2021-10, Aug. 23, 2021: gatherings ten and twenty-five); Ex. MET-HNL-035 (EO 2021-11, Safe Access O'ahu, Aug. 30, 2021; effective Sept. 13, 2021); Ex. MET-HNL-037; Ex. MET-HNL-038 (Proclamation and EO 2021-13 with Exhibit B, Sept. 17, 2021; effective Sept. 22, 2021: indoor events and outdoor events I, II and III closed; social gatherings above ten indoors and twenty-five outdoors prohibited; restaurants and bars fifty percent, seated, 10:00 p.m. liquor cutoff). ↩
  57. Ex. MET-CHI-024 (Stay-at-Home Advisory and Regulations, Nov. 12, 2020; effective Nov. 16, 2020: meetings and events capped at ten); Ex. MET-CHI-027 (as amended Nov. 20, 2020: event venues closed to gatherings); Ex. MET-CHI-053 (capacity specifications, Nov. 20, 2020); Ex. MET-CHI-025 (re-issued Jan. 20, 2021); Ex. MET-CHI-019 (Emergency Travel Order, PHO 2020-10, July 2, 2020; effective July 6, 2020) and Ex. MET-CHI-020 (re-issued Nov. 13, 2020); Ex. MET-CHI-033; Ex. MET-CHI-034 (Cook County Orders 2020-1 and 2020-2, Nov. 6 and Dec. 11, 2020); Ex. MET-CHI-026 (CDPH Public Health Order No. 2021-1, Aug. 20, 2021); Ex. MET-CHI-041 (CCDPH Order 2021-10, Aug. 20, 2021; effective Aug. 23, 2021). ↩
  58. Boston Public Health Commission, Order Requiring Face Coverings in the City of Boston (Aug. 20, 2021; effective 8:00 a.m. Aug. 27, 2021) (Ex. MET-BOS-013); Boston Licensing Board Advisory (Aug. 23, 2021) (Ex. MET-BOS-014); Somerville, Order and Regulation Revising Face Coverings Mandate (Aug. 19, 2021; effective Aug. 20, 2021) (Ex. MET-BOS-063); Cambridge orders (Ex. MET-BOS-026; Ex. MET-BOS-033; Ex. MET-BOS-035); Philadelphia Department of Public Health, Amendment to the Full Reopening Order (Aug. 11, 2021; effective Aug. 12, 2021) (Ex. MET-PHL-019) and Proof of Vaccination sign (Ex. MET-PHL-071); Boulder County Public Health, Public Health Order 2021-08 Requiring Facial Coverings in All Indoor Public Spaces (Sept. 2, 2021; effective 5:00 p.m. Sept. 3, 2021) (Ex. MET-DEN-033); Public Health Madison and Dane County, Face Covering Emergency Order (Emergency Order #17) (Aug. 17, 2021; effective 12:01 a.m. Aug. 19, 2021) (Ex. MET-MKE-023) and Face Covering Emergency Order #2 (Emergency Order #18) (Sept. 9, 2021; effective 12:01 a.m. Sept. 10, 2021) (Ex. MET-MKE-024); Mecklenburg County Board of Health Rule Requiring Face Coverings (Aug. 18, 2021; in effect Aug. 31, 2021) (Ex. MET-CLT-001) and City of Raleigh, Emergency Proclamation (indoor face coverings) (Aug. 13, 2021; effective 5:00 p.m.) (Ex. MET-CLT-045); Louisville Metro face-covering requirement (July 30, 2021; effective Aug. 2, 2021) (Ex. MET-SDF-017); Columbus, Executive Order 2021-01 (Sept. 10, 2021) (Ex. MET-CMH-048) and Ordinance 2388-2021 (Sept. 13, 2021; effective Sept. 14, 2021) (Ex. MET-CMH-050); Ex. MET-ATL-017 (Savannah); Ex. AK-095 (Juneau); Lincoln-Lancaster County face-covering DHM (Aug. 24, 2021; effective Aug. 26, 2021) (Ex. NE-080) and extension (Ex. NE-081); Iowa City Mayor's Order (Aug. 19, 2021) (Ex. IA-067); Jackson, Mississippi orders (Ex. MS-060); Richland County Emergency Ordinance (Sept. 14, 2021; effective Sept. 15, 2021) (Ex. SC-061); St. Louis City Health Commissioner's Order No. 1 (2021) (July 26, 2021) (Ex. MET-STL-021) and Order No. 2 (2021) (Aug. 30, 2021) (Ex. MET-STL-022) with the Mayoral Proclamation of July 23, 2021 (Ex. MET-STL-020) as predicate; St. Louis County Face Covering Order (July 26, 2021) (Ex. MET-STL-069); Kansas City Ordinances 210694 (Aug. 19, 2021) (Ex. MET-KC-002; Ex. MET-KC-003) and 210853 (Sept. 23, 2021) (Ex. MET-KC-006); Jackson County Health Order (Aug. 6, 2021; effective Aug. 9, 2021) (Ex. MET-KC-045) and Resolution 20749 (Aug. 30, 2021) (Ex. MET-KC-046); Johnson County Board of Health Order No. 001-21 (Aug. 5, 2021; effective Aug. 9, 2021) (Ex. MET-KC-067; Ex. MET-KC-068); Dane County's orders are Ex. MET-MKE-023 and Ex. MET-MKE-024 above. ↩
  59. Ex. MET-MIA-002; Ex. MET-MIA-003; Ex. MET-MIA-013; Ex. MET-MIA-096; Ex. MET-MIA-034; Ex. MET-BAL-089; Ex. MET-STL-005; Ex. MET-STL-009; Ex. MET-STL-024; Ex. MET-STL-016; Ex. MET-STL-075; Kansas City Eleventh Amended Order 20-01 (Nov. 20, 2020) (Ex. MET-KC-019); Ex. CO-090 (Pitkin County); Riverside County Health Officer, Amended Order Cancelling Coachella and Stagecoach (Jan. 29, 2021) (Ex. MET-RIV-016) and Order Cancelling the Temecula Valley Balloon and Wine Festival (Feb. 24, 2021) (Ex. MET-RIV-018); Allegheny County Health Department, COVID-19 Control Measure Order (July 17, 2020; effective 5:00 p.m.) (Ex. MET-PIT-006) (events twenty-five indoors and fifty outdoors; catered-event conditions) and the July 8, 2020 order (Ex. MET-PIT-004) with its guidance (Ex. MET-PIT-005); King County Local Health Officer, Verification of Vaccination Order (Sept. 16, 2021; "EFFECTIVE IMMEDIATELY"; entry requirement from Oct. 25, 2021 for outdoor events of 500 or more and indoor entertainment and recreational establishments) (Ex. MET-SEA-001) and Public Health release of the same date (Ex. MET-SEA-037; context, not an order). ↩
  60. Doc. 49 at 13-14 (the summary-judgment order of June 20, 2025 in Stenson Tamaddon, LLC v. IRS, No. 2:24-cv-01123-SPL (D. Ariz.), ECF No. 49) ("The 'fitting' governmental authority would be the one having jurisdiction over an employer's operations."); see this site's statute page, "appropriate governmental authority." ↩
  61. Ex. SEC-25-001 (Appendix J; production "must also be in compliance with" the checklist; event productions to file a safety plan ten business days ahead; audiences under Appendices Z and Z-1); Ex. SEC-25-007 (Appendix BB); Ex. SEC-25-008 (Appendix Z-1); Ex. SEC-25-015 (Appendix Z); the parent Health Officer Orders (Ex. MET-LA-006; Ex. MET-LA-009; Ex. MET-LA-012; Ex. MET-LA-015; Ex. MET-LA-016; Ex. MET-LA-019). The saved protocols are the May 2021 revisions; the June 12, 2020 original of Appendix J and the April 2021 originals of Appendices BB, Z and Z-1 are described from the saved versions' own recitals and the parent orders. ↩
  62. Ex. NY-108, § E; Ex. NY-115; Ex. SEC-25-004; Ex. NY-116 (New York State Department of Health, "Interim Guidance for Low-Risk Indoor Arts and Entertainment" (June 23, 2020)). ↩
  63. New York State Liquor Authority, Guidance on Restrictions for Licensees (Mar. 16, 2020) (Ex. AGY-ST-ALCOHOL-021); Ex. NY-103 (closing times, Nov. 13, 2020); SLA Emergency Suspension Order, Genesee Speedway LLC (July 9, 2020) (Ex. AGY-ST-ALCOHOL-028); New Jersey Division of Alcoholic Beverage Control, Advisory Notice 2020-03 (Mar. 21, 2020) (Ex. AGY-ST-ALCOHOL-032); Ex. AGY-ST-ALCOHOL-035; Ex. AGY-ST-ALCOHOL-040; Ex. AGY-ST-ALCOHOL-041; Colorado Liquor Enforcement Division, Bulletin 20-02 (Mar. 13, 2020) (Ex. AGY-ST-ALCOHOL-107) ("special event cancellations that are attributable to COVID-19"); Massachusetts ABCC Advisories of Aug. 10, 2020 (Ex. AGY-ST-ALCOHOL-085) and Dec. 11, 2020 (Ex. AGY-ST-ALCOHOL-087); Illinois Liquor Control Commission releases of Oct. 21 and 26, 2020 (Ex. AGY-ST-ALCOHOL-120; Ex. AGY-ST-ALCOHOL-119); Iowa Alcoholic Beverages Division release (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-102); Texas Alcoholic Beverage Commission, permit suspension of a nightclub upheld (July 10, 2020) (Ex. AGY-ST-ALCOHOL-012); California Department of Alcoholic Beverage Control, Seventh Notice of Regulatory Relief (Mar. 1, 2021) (Ex. AGY-ST-ALCOHOL-067). The regulators' releases and advisories are cited as the regulators' own records of the license conditions they imposed; where a release describes an order, the order it implemented is the instrument relied on. ↩
  64. Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-071; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-072; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-073; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-074; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-075; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-076; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-077; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-078; Ex. IL-018; Ex. VT-025, § 8; Ex. VT-022; Ex. OH-099. The boards' announcements are their own records of the cancellations; the State gathering orders they recite are the orders relied on. ↩
  65. 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-037; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-038; 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-058; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-059. ↩
  66. Nevada Gaming Control Board, Industry Notices 2020-43 (June 17, 2020) (Ex. AGY-ST-GAMING-RACING-006), 2020-90 (Oct. 1, 2020) (Ex. AGY-ST-GAMING-RACING-011), 2021-06 (Jan. 20, 2021) (Ex. AGY-ST-GAMING-RACING-012) and 2021-71 (July 27, 2021; effective July 30, 2021) (Ex. NV-051); Louisiana Gaming Control Board, COVID-19 Emergency Orders No. 27 (Aug. 4, 2021) (Ex. AGY-ST-GAMING-RACING-076), No. 28 (Aug. 12, 2021) (Ex. AGY-ST-GAMING-RACING-077) and No. 29 (Sept. 22, 2021) (Ex. AGY-ST-GAMING-RACING-078); Massachusetts Gaming Commission, Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments (June 23, 2020) (Ex. AGY-ST-GAMING-RACING-030); Indiana Gaming Commission closure order (Mar. 14, 2020; effective Mar. 16, 2020) (Ex. IN-083) and reopening guidelines (May 14, 2020) (Ex. IN-084); Michigan Gaming Control Board, Industry Letter 2020-01 (May 15, 2020) (Ex. AGY-ST-GAMING-RACING-043). ↩
  67. Ho-Chunk Nation, Administrative Orders of Mar. 17, 2020 (Ex. AGY-TRIBAL-042) and Apr. 3, 2020 (Ex. AGY-TRIBAL-044); Wind Creek Hospitality (Poarch Band of Creek Indians), release announcing the voluntary closure of the Alabama properties (Mar. 15, 2020) (Ex. AGY-TRIBAL-069) (context, not an order); Choctaw Nation Gaming Commission memorandum (May 22, 2020) (Ex. AGY-TRIBAL-079); Mescalero Apache Tribe, Executive Order 20-02 (Mar. 24, 2020) (Ex. AGY-TRIBAL-024) ("Mass gatherings are prohibited; Mass gathering means any public or private gathering that brings together five (5) or more individuals"); Navajo Nation, Public Health Emergency Order No. 2021-019 (Aug. 12, 2021) (Ex. AZ-084) (gatherings capped at fifteen). ↩
  68. Ex. SD-059; Ex. SEC-25-012. ↩
  69. Virginia Department of Labor and Industry, 16VAC25-220, Final Permanent Standard (Jan. 13, 2021; effective Jan. 27, 2021) (Ex. VA-037) and amendments effective Sept. 8, 2021 (Ex. VA-038); Oregon OSHA, AO 2-2021 (May 4, 2021) (Ex. OR-041), AO 5-2021 (June 30, 2021) (Ex. OR-044) and AO 10-2021 (Aug. 13, 2021) (Ex. OR-049); Cal/OSHA, COVID-19 Prevention Emergency Temporary Standards, readoption approved June 17, 2021 (Ex. CA-024); Governor of New Jersey, Executive Order No. 242 (Ex. NJ-050) and Executive Order No. 243 (Ex. NJ-051) (carrying the Executive Order 192 workplace rules); OSHA, DIR 2021-01 (Mar. 12, 2021) (Ex. SEC-05-001) and DIR 2021-03 (July 7, 2021) (Ex. SEC-05-002). ↩
  70. Ex. AGY-ST-HEALTH-SUBORDERS-111; Ex. SEC-17-018; Ex. CA-036. ↩
  71. Ex. WA-047 (business meetings prohibited; receptions prohibited); Ex. WA-064 (Healthy Washington Phase 3: business meetings twenty-five percent or 100); Washington Miscellaneous Venues COVID-19 Requirements (Nov. 16, 2020) (Ex. WA-103); Ex. IL-031; Ex. MD-026; Ex. MD-095; Ex. MA-019 (Phase II lodging: "no events, functions, or meetings"). ↩
  72. Ex. SEC-25-005; Ex. SEC-03-060 (Mayor's Order 2020-067, § VIII); Ex. DC-079; Ex. MET-ATL-017; Ex. OK-057; Ex. OK-058; Ex. RI-097; Ex. RI-098 (Providence EO 2021-6, June 15, 2021); the clerk closures are in the Library's ecosystem and State court collections (for example, Ex. VA-039 (judicial emergency, Mar. 16, 2020); Ex. NM-004 (Supreme Court Order No. 20-8500-002, Mar. 17, 2020); Ex. SD-045; Ex. SD-046 (Mar. 13, 2020)). ↩
  73. The school closures of March 2020 (Ex. ECO-B-016; Education Week's count of 55.1 million students in 124,000 schools, Ex. LAW-229) and the 2021-22 orders catalogued in the six-quarters section (for example, Ex. NJ-055 (EO 251, Aug. 6, 2021; effective Aug. 9, 2021); Ex. RI-055 (EO 21-87, Aug. 19, 2021); Ex. PA-042 (Sept. 7, 2021); Ex. VA-044 (Aug. 12, 2021); Ex. IL-040 (EO 2021-18, Aug. 4, 2021); Ex. DE-044; Ex. DE-045 (Aug. 16, 2021); Ex. LA-054 (Aug. 3, 2021); Ex. TX-053 (TEA guidance, Sept. 2, 2021; context); Ex. MET-HOU-038; Ex. MET-SAT-066 (Aug. 10-12, 2021); Ex. MI-081; Ex. MI-084 (Ottawa County, Aug. 6 and 20, 2021); Ex. MET-DET-013; Ex. MET-DET-015 (Aug. 24 and 27, 2021); Ex. NC-032 (S.L. 2021-130 § 10, Aug. 30, 2021); Ex. NC-072 (guidance; context); Ex. SC-062; Ex. AL-084; Ex. NE-109; Ex. ND-083; Ex. AK-093; Ex. AK-094). ↩
  74. Ex. FED-020; Ex. FED-051; Ex. FED-052; Ex. FED-207; Ex. FED-208; Ex. FED-232; Ex. FED-255; Ex. SEC-06-018 (NY EO 205); Ex. SEC-06-020 (CT EO 7III); Ex. SEC-06-017 (MA Order 45); Ex. ECO-C-010; Ex. ECO-C-011 (Hawaii Safe Travels); Ex. HI-024; Ex. MET-CHI-019; Ex. MET-CHI-020 (Chicago); Ex. AK-035; Ex. KS-057; the remaining State traveler-quarantine orders are in the Library's ecosystem collection. ↩
  75. Ex. MI-011; Ex. PA-004; Ex. NY-005; Ex. NJ-004; Ex. FED-207; Ex. FED-208; Ex. FED-232; Ex. FED-255; Ex. ECO-A-101 (White House 100-day supply-chain review, June 8, 2021). ↩
  76. The health-care orders are analyzed on this site's Hospitals and Health Systems and Physician Practices and Outpatient Care pages; for the third quarter of 2021, for example, Ex. CA-030 (Aug. 5, 2021); Ex. NJ-056 (EO 252, Aug. 6, 2021); Ex. MA-067 (Aug. 4, 2021); Ex. OR-046 (Aug. 5, 2021) and Ex. OR-051 (Aug. 25, 2021); Ex. WA-081 (Proclamation 20-12.5, Aug. 27, 2021); Ex. MD-057; Ex. MD-058; Ex. MD-060 (Aug. 5, Aug. 18 and Sept. 8, 2021); Ex. ME-061 (Aug. 12, 2021); Ex. NM-068 (Aug. 17, 2021); Ex. DE-064 (Aug. 12, 2021; compliance Sept. 30, 2021); Ex. RI-072 (Aug. 17, 2021); Ex. NC-031 (EO 224, July 29, 2021) and Ex. NC-058 (EO 229, Aug. 31, 2021); Ex. VA-045 (Executive Directive 18, Aug. 5, 2021; effective Sept. 1, 2021); Ex. MN-044 (Sept. 8, 2021); Ex. VT-083; Ex. DC-075; Ex. DC-076; Ex. NM-063 (EO 2021-046, July 30, 2021); Ex. OR-047 (EO 21-29, Aug. 13, 2021); Ex. MET-NYC-040 (Aug. 24, 2021); Ex. MET-NYC-043 (Sept. 12, 2021); Ex. MET-PHX-002 (Tucson Ordinance 11869, Aug. 13, 2021); Ex. MET-TPA-033 (Sept. 7, 2021); Ex. MET-CMH-047 (Sept. 7, 2021); Ex. MET-MSP-020 (Sept. 10, 2021); Ex. MET-CLE-026; Ex. MET-CLE-036 (Aug. 31 and Sept. 17, 2021). ↩
  77. Notice 2021-20, Q&A-12, Example, at 929 (Ex. LAW-101) ("Employer A would be considered an eligible employer during this period because its operations have been suspended due to the governmental order that suspended operations of its supplier"); Br. for Appellees at 41 & n.5. ↩
  78. Ex. MI-011; Ex. PA-004; Ex. NY-005; Ex. NJ-004 (the March 2020 closures); Ex. FED-207; Ex. FED-208; Ex. FED-216; Ex. FED-232; Ex. FED-255; Ex. FED-037; Ex. FED-038; Ex. FED-042; Federal Maritime Commission, Fact Finding 29 (Ex. ECO-A-100) (blank sailings "accounted for 21 percent of all voyages in May 2020"; import demand "surged in the fall of 2020"); Federal Reserve, Monetary Policy Report (July 9, 2021), at 15 (Ex. LAW-221) ("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 ... The massive influx of goods combined with COVID-19-related staffing issues have overwhelmed U.S. ports"); Federal Reserve, Beige Book (July 14, 2021) (Ex. LAW-220) ("Supply-side disruptions became more widespread, including shortages of materials and labor, delivery delays, and low inventories of many consumer goods"); Federal Reserve Bank of New York, Global Supply Chain Pressure Index (Ex. LAW-222) ("[f]actory shutdowns (particularly in Asia) and widespread lockdowns and mobility restrictions"); U.S. Census Bureau, Small Business Pulse Survey, week ending July 18, 2021 (Ex. LAW-243) (38.8 percent of small businesses reported domestic supplier delays). ↩
  79. Ex. LAW-229 (Education Week: every public school building closed by Mar. 25, 2020; 48 States closed for the rest of the year; 55.1 million students in 124,000 schools); Ex. ECO-B-016; Ex. FED-170; Ex. FED-171; the quarantine and isolation orders cited for the workforce function above; the 2021-22 school orders cited for the counterparties above; Bureau of Labor Statistics, The Employment Situation, July and September 2021 (Ex. LAW-224; Ex. LAW-223) (5.2 million and 5.0 million persons "unable to work because their employer closed or lost business due to the pandemic"; 13.2 percent teleworking because of it). ↩
  80. Ex. SEC-06-017; Ex. SEC-06-018; Ex. SEC-06-020; Ex. ECO-C-010; Ex. ECO-C-011; Ex. MET-CHI-019; Ex. MET-CHI-020; Ex. AK-035; Ex. KS-057; Ballotpedia, travel restrictions (Ex. LAW-235) (27 States and the District enacted travel restrictions; the tri-State quarantine list reached 35 States and territories on Oct. 20, 2020); Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-026; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-027; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-033; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-043; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-044; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-055; TSA checkpoint throughput (Ex. LAW-225) (2,353,150 on Mar. 1, 2020 to 113,147 on Apr. 14, 2020); Bureau of Transportation Statistics (Ex. LAW-226) (557 million fewer passengers in 2020 than in 2019). ↩
  81. Ex. SEC-25-005; Ex. MET-ATL-017; Ex. OK-057; Ex. OK-058; Ex. RI-097; the court orders of the third quarter of 2021 (for example, Texas Supreme Court, Fortieth Emergency Order (July 19, 2021; effective Aug. 1, 2021) (Ex. TX-040; Ex. ECO-C-070) (the Forty-Third Emergency Order, Ex. TX-065, was issued Sept. 21, 2021 and took effect Oct. 1, 2021; post-period); Virginia Supreme Court, Twenty-Eighth Order Extending Declaration of Judicial Emergency (Sept. 20, 2021) (Ex. VA-042); Maryland Judiciary orders of Aug. 6 and 20, 2021 (Ex. MD-090; Ex. MD-092); Kentucky Supreme Court, Administrative Orders 2021-27 and 2021-28 (Aug. 9, 2021) (Ex. KY-058; Ex. KY-059); Iowa Supreme Court order (Aug. 27, 2021) (Ex. IA-056); South Carolina Supreme Court orders (Ex. SC-056 (Aug. 27, 2021); Ex. SC-063); Hawaii Judiciary orders (Ex. HI-066; Ex. HI-067); Tennessee Supreme Court order (Aug. 26, 2021) (Ex. TN-051); Vermont Judiciary directives (Ex. VT-059; Ex. VT-060); Maine Supreme Judicial Court, PPMO-SJC-1 (face coverings reinstated Aug. 16, 2021) (Ex. ME-074); New Mexico Supreme Court Orders 21-8500-015 and 21-8500-021 (Ex. NM-059; Ex. NM-066); Wisconsin Supreme Court order (May 21, 2021) (Ex. WI-029); D. Ariz. General Order 21-15 (Sept. 2, 2021; effective Sept. 7, 2021) (Ex. ECO-C-136); Maricopa County Superior Court Administrative Orders 2021-103, -104, -112, -119 (July-Aug. 2021) (Ex. MET-PHX-025; Ex. MET-PHX-014; Ex. MET-PHX-015; Ex. MET-PHX-016); Fifth Judicial District of Pennsylvania (Aug. 9, 2021) (Ex. MET-PIT-036); Hamilton County courts (Aug. 11, 2021) (Ex. MET-CIN-007); Franklin County courts (Aug. 5-6, 2021) (Ex. MET-CMH-044; Ex. MET-CMH-046); Harris County courts (Aug. 11 and 17, 2021) (Ex. MET-HOU-052; Ex. MET-HOU-053); Eighth Judicial District of Nevada (July 19, 2021) (Ex. MET-LAS-019); Ninth Judicial Circuit of Florida (Aug. 23, 2021) (Ex. MET-ORL-047)). ↩
  82. Ex. FED-020; Ex. FED-050; Ex. FED-051; Ex. FED-052; Ex. FED-053; Ex. FED-054; Ex. FED-055; Ex. FED-056; the transit agencies' instruments are in the Library's agencies collection (the transit, ports and aviation clusters). ↩
  83. Ex. FED-080 (OSHA Healthcare ETS, June 21, 2021); the health-care-worker vaccination orders cited for the counterparties above. ↩
  84. Canada's discretionary-entry bar and testing, ArriveCAN and quarantine rules (Ex. FOR-001; Ex. FOR-004; Ex. FOR-047); Council Recommendation (EU) 2021/1346 (Aug. 30, 2021) (Ex. FOR-014) and the EU list instruments (Ex. FOR-012; Ex. FOR-013); China's entry suspension (Ex. FOR-022); Japan's fourth state of emergency (Ex. FOR-027); Mexico's traffic-light system (Ex. FOR-009); Vietnam (Ex. FOR-033) and Taiwan (Ex. FOR-035; Ex. FOR-036). Each is context only; none is relied on as an order of an appropriate governmental authority. ↩
  85. Congressional Research Service, R46270, Global Economic Effects of COVID-19 (Ex. LAW-216) ("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"; global trade down 5.3 percent in 2020). ↩