Function by function
Each of the eleven functions of this industry was reached by orders in each of the six quarters, and for each the compelled modification is stated in the orders' own terms: closure; capacity; class size; hours; reservation-only entry; distancing; face-covering and exposure-control requirements; closed amenities; no spectators; no indoor performance; plan approval; attestation and inspection; vaccination verification; quarantine of staff. The instruments for each function and quarter are listed in the notes. For each function the determination follows the statute's words and Tri-State's definition.
FC: facilities, gyms, studios, rinks and pools
In 2020 Q2 the facilities were closed by name in every jurisdiction and reopened, where they reopened, at twenty-five to fifty percent with locker rooms, saunas, showers and child care closed, distancing of six to fourteen feet and reservation or class conditions; in 2020 Q3 they operated under those caps, were re-closed in Arizona, California's monitoring-list counties, Los Angeles, San Diego, Sacramento and the Inland Empire, and stayed closed in New Jersey, New York and Michigan into September; in 2020 Q4 they were re-closed in Michigan, Minnesota, Washington, Oregon, California, Pennsylvania, Rhode Island, Boston, Cambridge, Philadelphia, Baltimore and Anchorage and re-capped at ten to fifty percent in Colorado, Illinois, Nevada, Kentucky, Maryland, Delaware, New York's orange zones and the metros; in 2021 Q1 they stayed closed in Los Angeles County to March 14 and Boston to March 22 and capped in thirty-seven jurisdictions on March 31; in 2021 Q2 they ran to their stepped release between April 6 and July 6, with unvaccinated-patron face-covering rules in seven States; in 2021 Q3 they were capped at fifty percent in Hawaii from August 10, at half capacity in Juneau from July 30, closed to the unvaccinated in New York City, San Francisco, New Orleans and O'ahu from August 16-17, 20 and September 13, and placed under face-covering and exposure-control requirements in eight jurisdictions and more than twenty localities.209 The operation of the facility was partially suspended in every quarter from the second quarter of 2020 through the third quarter of 2021 because of those closure, capacity, amenity, distancing, attestation, vaccination-verification and airborne-transmission orders.
CL: classes and group activities
Indoor group fitness classes were prohibited outright in New York City from September 2, 2020 to March 22, 2021 and statewide in New York until March 22, 2021, in Chicago from November 20, 2020, in Michigan from November 18, 2020 to January 16, 2021, in Illinois under Tier 3, in Minnesota from November 20 to December 18, 2020, in Kentucky's gyms from November 20 to December 13, 2020 and in the District from November 25, 2020; classes were capped at ten in Delaware, at twenty in Chicago until June 11, 2021 and at one instructor per cohort in dozens of reopening orders; camps were closed or confined to stable cohorts in 2020; youth and adult leagues, lessons and clinics in school buildings were governed by the school closures of 2020, the remote and hybrid orders of 2020-21 and the masking and quarantine orders of 2021-22; in 2021 Q3 every class in Hawaii was a gathering of ten, every indoor class in New York City and New Orleans was closed to the unvaccinated, and every class in the face-covering jurisdictions was taught under airborne-transmission controls.210 The operation of classes and group activities was partially suspended in every quarter because of those prohibitions, caps, cohort rules, school orders and vaccination and face-covering conditions.
PE: performances, theaters, cinemas and live events
Theaters, cinemas and performance venues were closed by name in every jurisdiction in March 2020; movie theaters reopened at twenty-five to fifty percent between April 27 (Georgia) and October 23, 2020 (New York outside the City) and March 5, 2021 (New York City); live performance venues were the last category reopened in most States, at fifteen to fifty percent of fixed seating (Ohio fifteen percent from August 25, 2020; New Jersey twenty-five percent or 150 from September 4, 2020; Massachusetts Step 2 only; Washington Phase 2 only in 2021); indoor live entertainment was prohibited in Louisiana and New Orleans for most of 2020 and again from November 25, 2020, in Boston's licensed premises from December 16, 2020 to March 22, 2021 and in San Diego County from June 19, 2020 to June 15, 2021; the winter orders re-closed venues in twenty jurisdictions; the spring 2021 orders capped them at twenty-five to fifty percent to the stepped dates; California's mega-event rule governed every indoor event of 5,000 from June 15, 2021 and of 1,000 from September 20, 2021; Washington's over-10,000 rule governed from June 30, 2021 and its outdoor-event face-covering order, an airborne-transmission control on every outdoor event of 500, from September 13; Nevada's large-event condition governed from August 16, 2021; Los Angeles County and Pasadena imposed airborne-transmission controls (face coverings) at outdoor mega-events from August 19-20 and Pasadena conditioned indoor mega-events of 1,000 on vaccination or a test from September 15, 2021; O'ahu closed every indoor event from September 22, 2021; Key to NYC, C19-07y, the New Orleans rule and Safe Access O'ahu closed every venue in those cities to the unvaccinated; the entry proclamations kept foreign artists out to November 8, 2021; the conveyance order governed every tour; and the fairs of Ohio, Oregon, Minnesota, Iowa, Kansas and North Carolina were cancelled for 2020 and Coachella, Stagecoach and Temecula for 2020 and April 2021.211 The operation of performances, theaters, cinemas and live events was partially suspended in every quarter because of those closure, capacity, live-entertainment, event, vaccination-verification, face-covering, entry and conveyance orders.
SP: sports, leagues and tournaments
Every professional, collegiate, scholastic and youth season stopped in March 2020 under the closure and gathering orders; professional sports resumed in 2020 "without spectators" (Texas GA-23) or at ten to fifty percent (Texas GA-28; Maryland; Nevada; Louisiana; Colorado; Florida's venue plans); youth sports were permitted outdoors without contact (New Jersey Executive Order 149 from June 22, 2020), practice-only (St. Louis County from July 20, 2020), without contact sports (Tennessee Executive Order 38) or under team-sport directives (Arkansas; Ohio's mandatory requirements of August 19 and September 25, 2020; Nebraska's guidelines); the winter orders suspended all youth and adult sports in North Dakota (November 16 to December 14, 2020), indoor sports in New Jersey (December 5, 2020 to January 2, 2021), sports in Minnesota, Michigan, Delaware, Utah, the District, Anne Arundel County and Denver and spectators at non-professional sports in Denver; the spring 2021 orders admitted ten to thirty-three percent to arenas (New Jersey Executive Order 225; New York; Massachusetts twelve percent; Nashville twenty-five to thirty-three percent with approval); Delaware required plan approval of every tournament and indoor sport to July 12, 2021; and in 2021 Q3 every stadium and arena event fell under the New York City, California, Los Angeles County, Nevada, Washington and King County rules, every youth league in a school building fell under the school masking and quarantine orders, every designated extracurricular sport in New York City required vaccination from September 27, every exposed player and coach was quarantined, and every visiting team travelled under the conveyance order.212 The operation of sports, leagues and tournaments was partially suspended in every quarter because of those suspension, spectator, contact, plan-approval, school, vaccination, quarantine and conveyance orders.
AM: amusement, attractions, bowling and arcades
Amusement parks, water parks, trampoline parks, bowling centers, arcades, indoor play areas, zoos, aquariums, museums and family entertainment centers were closed by name in nearly every State in March 2020 and reopened between April 24 (Georgia's bowling alleys) and the summer, at twenty-five to fifty percent; California kept amusement parks closed in every tier from August 28, 2020 to April 1, 2021 and permitted fifteen to thirty-five percent thereafter; Arizona re-closed water parks and tubing from June 29 to August 10, 2020; West Virginia re-prohibited fairs, festivals and amusement parks from July 14, 2020 and kept fairs, festivals and camps barred on March 25, 2021; the State fair boards cancelled their 2020 fairs under State orders; the winter orders re-closed indoor amusement in Michigan, Minnesota, Illinois, Washington, Oregon, California, Boston, Baltimore, Philadelphia and Anchorage; Johnson County, Kansas, prohibited fairs, festivals, carnivals and parades from November 16, 2020; Hawaii's tiers held indoor attractions closed or capped into 2021; and in 2021 Q3 Safe Access O'ahu, the New Orleans rule and Key to NYC closed indoor attractions, bowling alleys and arcades to the unvaccinated, New Mexico conditioned every State Fair entrant on proof of vaccination, Hawaii's gathering caps governed every party and event, the face-covering and exposure-control orders governed every facility, the Conditional Sailing Order kept cruise passengers from destination attractions until late June and the entry proclamations kept foreign visitors out.213 The operation of amusement, attractions, bowling and arcades was partially suspended in every quarter because of those closure, tier, fair, gathering, vaccination-verification, face-covering, sailing and entry orders.
CN: food, beverage and retail sales
Every food and beverage stand, venue bar, pro shop and gift shop followed the food-service and retail rules of its jurisdiction: closed with the venue in 2020 Q2; take-out only, seated service only, no bar seating, alcohol cut-offs and closing hours where the venue was open in 2020 Q3 and Q4 (Minneapolis closed every bar area in every indoor space of entertainment from August 1, 2020; Allegheny County barred food, drink and smoking in casinos from July 10, 2020; New York's 10:00 p.m. closing from November 13, 2020; Louisiana's and New Orleans's rules); face coverings at every counter, one of the exposure-control conditions of the reopening orders, from the summer of 2020; the winter closures and caps; the seated-service and closing-hour rules of 2021 Q1 and Q2 to the stepped dates; Chicago's vaccinated-only late-hour rule from May 18, 2021; and in 2021 Q3 the face-covering and exposure-control orders in every food and beverage stand and lobby in eight jurisdictions and more than twenty localities, the vaccination-proof rules of New York City and New Orleans reaching every venue's food service and employees, Honolulu's fifty percent, seated service and 10:00 p.m. liquor cutoff from September 22, 2021, and the Louisiana and Nevada gaming regulators' occupational-health and airborne-transmission orders on every casino floor.214 The operation of food, beverage and retail sales was partially suspended in every quarter because of those closure, service, hours, alcohol, face-covering and vaccination-verification orders.
MK: marketing and events
Launches, openings, festivals, fan events, sponsor hospitality and trade shows were cancelled by the gathering prohibitions of March 2020 (any size in New York City, Wake County, the Bay Area and Riverside; ten in most States); capped at ten to two hundred fifty through 2020 and the winter; refused permits in New York City from July 7, 2020 into 2021 and in Summit County, Utah, from March 12 to September 1, 2020; barred on Atlanta City property from July 10, 2020 (Ex. MET-ATL-061) and on Savannah City property from August 24 to September 23, 2021 (Ex. MET-ATL-017); governed by the convention authorities' closures (McCormick Place closed from March 2020 to July 2021; the Javits Center a medical station and then a vaccination center; the Boston Convention and Exhibition Center a field hospital); required pre-approval above stated sizes in Marion County (250 or twenty-five percent from July 24, 2020), Jefferson County, Colorado (July to October 2020), Denver (500 and 2,000 in May and June 2021), Washoe County (500 from May 3, 2021) and Clark County (250 from May 1, 2021); conditioned by California's mega-event rule from June 15, 2021, Nevada's large-event condition from August 16, 2021, Washington's over-10,000 and outdoor-event rules, King County's verification order and the Los Angeles County and Pasadena mega-event orders; capped at ten and twenty-five in Hawaii from August 10, 2021; and kept from every international show by the entry proclamations and the foreign orders.215 The operation of marketing and events was partially suspended in every quarter because of those gathering, permit, venue, pre-approval, mega-event, vaccination-verification and entry orders.
HR: hiring and certification
Lifeguard, trainer, coach, referee and counselor certifications could not be renewed while pools, gymnasiums and training centers were closed in the spring of 2020; background checks and permits waited on closed public offices; routine consular services were suspended from March 20, 2020 and the entry proclamations kept foreign performers, athletes and crews out until November 8, 2021, with H-1B, L-1, J-1 and P-visa entry barred or conditioned from June 24, 2020 to March 31, 2021; the FFCRA mandate governed every hire's leave entitlement through December 31, 2020; and from August 2021 the health-care, school, State-employee and municipal-employee vaccination-or-test orders of nineteen States and a dozen cities conditioned the employment of the part-time staff this industry shares with schools, hospitals and municipal recreation departments, while New York City's extracurricular order conditioned every designated sport's participants.216 The operation of hiring and certification was partially suspended in every quarter because of those closure, consular, entry, leave and vaccination-or-test orders.
OP: box office, league and studio administration
The box office, league office and studio front desk were closed or capped by the telework mandates of New York (100 percent in-person reduction from March 22, 2020), New York City, New Jersey, Pennsylvania ("unless impossible" from November 27, 2020 to April 4, 2021), Michigan, Minnesota (to April 14, 2021), Illinois, California, Washington, Oregon, Massachusetts, the District, Philadelphia (remote from November 20, 2020; two per 1,000 square feet from March 1, 2021) and Los Angeles County (non-essential offices closed to April 4, 2021); the permit, licensing and special-event offices of every city closed to walk-in service in March 2020; the courts that enforce the industry's contracts suspended calendars through 2020 and re-imposed face-covering and screening requirements in 2021 Q3; and every order of every quarter compelled administrative work no law otherwise required: written protocols, capacity counts, reservation systems, attestation forms and inspection requests (New York City from September 2, 2020; Arizona from August 10, 2020), health-and-safety plans (Somerville, Cambridge, Chicago's Bridge Phase), vaccination-verification protocols, signs and records (Key to NYC, C19-07y, New Orleans, Safe Access O'ahu, Santa Clara), HERO Act plans (New York, by August 5 and from September 6, 2021), refund processing for every cancelled season and event, and the reporting duties of Chicago's Order 2020-2 and San Diego's employer case-reporting order.217 The operation of box office, league and studio administration was partially suspended in every quarter because of those telework, office-closure, court and compelled-compliance orders.
WF: workforce availability
The industry's part-time, hourly, young and seasonal workforce was confined at home by the stay-at-home orders of forty-two States and territories in 2020 Q2; kept home by the school closures of 2020 and the remote and hybrid orders of 2020-21; removed for ten to fourteen days by the quarantine and isolation orders of every State and county in every quarter; paid under the FFCRA mandate through December 31, 2020 and under the local paid-leave ordinances of Los Angeles and Pittsburgh (Chapter 626A from December 8, 2020; Chapter 626B from July 27, 2021); placed under the conveyance order's face-covering requirement on every commute from February 1, 2021, enforced by the TSA directives; made a fourteen-day absence by every interstate tour or tournament under the traveler quarantines of 2020 and early 2021; placed under workplace infection-prevention and exposure-control requirements, face coverings among them, in every face-covering jurisdiction from the summer of 2020 through the spring of 2021 and again from July 17, 2021 in Los Angeles and across eight jurisdictions and more than twenty localities by September; verified in the vaccination-proof jurisdictions from August 2021; and conditioned in every second job by the vaccination-or-test orders on school, health-care, State and municipal employees.218 The operation of the workforce was partially suspended in every quarter because of those stay-at-home, school, quarantine, leave, conveyance, traveler, face-covering and vaccination-or-test orders.
CB: the member, patron, fan and family base
The members, patrons, fans and families on whom every function depends were ordered to stay home in forty-two States and territories in 2020 Q2 and again in California, New Mexico, St. Louis County, Shelby County and Honolulu in the winter; barred from gathering above ten (or at all) through 2020 and the winter; quarantined on interstate travel under the orders of New York, Connecticut, New Jersey, Hawaii, Alaska, Chicago, New Mexico, Maine, Vermont, Rhode Island, Massachusetts, Kentucky, Kansas and Santa Clara County; kept from crossing the land borders and from entering from abroad through November 8, 2021; placed under the airborne-transmission controls of every face-covering jurisdiction at every venue within it; verified at every door in New York City, San Francisco, New Orleans and O'ahu and at every mega-event in California, Los Angeles County, Nevada and Washington in 2021 Q3; and, as parents, governed by the school orders that fixed when their children could attend a league, camp or class.219 The Notice lists a shelter-in-place proclamation as a qualifying order, the United States has represented that an order addressed to a third party can suspend a business, and the statute says nothing of the source. The operation of every function that sells to the member, patron, fan and family base, which is the commerce those orders limited, was partially suspended in every quarter because of those stay-at-home, gathering, traveler, border, face-covering, vaccination-verification and school orders.