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The COVID Project

Industry 06 of 27 · The orders by layer

Hotels, Travel and Tourism

Federal, State, metro, sector regulator, standing duty and counterparty: the instruments that reached this industry, layer by layer, with exhibit links.

LGlodging and occupancyFBfood and beverage outletsMCmeetings, conventions and banquetsAMamenitiesTVtravel demand under air, cruise…GSgroup salesHKhousekeeping and operating…SCsupply chainHRhiring, screening, training…OPoffice, administration, sales…WFworkforce availabilityCBthe customer base
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The governmental orders by layer

The orders that reached this industry came from every layer of American government: the President, the CDC, the Department of Homeland Security, the Transportation Security Administration, the Department of Transportation, the Coast Guard and OSHA; the Governors and health secretaries of every State and the District of Columbia; the mayors, county judges and health officers of the largest metropolitan areas; the gaming, alcohol, lodging and health regulators whose licenses condition every revenue function; the convention-center authorities, port authorities, tribal governments and territorial governors; and the courts, school boards and transit agencies whose orders governed the industry's counterparties and workforce. This section inventories them by layer. The six quarters section applies them by quarter.

The universe

The CDC's own count is that 42 States and territories issued mandatory stay-at-home orders between March 1 and May 31, 2020, covering 2,355 of 3,233 counties (73 percent), that "most jurisdictions issued multiple orders," and that eight extended past May 31, 2020.7 The largest verified United States count of pandemic policy measures is more than 20,000 national and State policies through June 2022, 95 percent of them issued before November 23, 2021.8 The Council of State Governments' data record 2,065 executive orders of governors and State agencies between February and June 29, 2020.9 KFF's fifty-State files, captured at each quarter boundary, show that on July 2, 2021 Hawaii still required quarantine of all travelers and Kansas and Rhode Island still kept travel quarantines, and that on September 21, 2021, 25 jurisdictions kept emergency declarations in force and 11 kept statewide mask requirements.10 TSA's published checkpoint counts fell from more than 2.35 million travelers on a single day in early March 2020 to 113,147 on a single day in April 2020, and the Bureau of Transportation Statistics recorded full-year 2020 airline passenger traffic at less than half of 2019.11 The Library holds, for this industry, the lodging, travel, casino, convention and quarantine instruments of every State, the largest metros, the federal agencies and the ecosystem; the counts on the Library's own pages are counts of the instruments indexed there, and nothing more.

The federal layer

The predicates

The Secretary of Health and Human Services determined on January 31, 2020 that a public health emergency existed and renewed the determination every ninety days through the period, including on April 15 and July 19, 2021.12 The President declared a national emergency on March 13, 2020, continued it in February 2021, and it ran until Congress ended it in April 2023.13 The President's Stafford Act determination of March 13, 2020 and the major-disaster declarations for every State followed.14 These are predicates and are cited as such; the orders below are the limitations.

The second quarter of 2020

Proclamations 9984, 9992, 9993 and 9996 suspended the entry of persons present in China, Iran, the Schengen Area, the United Kingdom and Ireland in the fourteen days before travel; Proclamation 10041 added Brazil on May 24, 2020; each, as continued by Proclamation 10143 from January 26, 2021, ran until Proclamation 10294 revoked the series effective November 8, 2021.15 The Department of Homeland Security funneled inbound flights to designated airports from February 2, 2020 and confined the Canadian and Mexican land borders to "essential travel" from March 20-21, 2020, excluding "Individuals traveling for tourism purposes (e.g., sightseeing, recreation, gambling, or attending cultural events)," and renewed the limits monthly.16 The CDC issued the No Sail Order on March 14, 2020 and extended it on April 9 and July 16, 2020, suspending embarkation of passengers on every cruise ship in United States waters.17 The CDC's Title 42 order of March 20, 2020 suspended the introduction of covered persons across the land borders.18 The FAA waived slot-usage requirements at JFK, LaGuardia and Reagan National because of collapsed demand; the Department of Transportation conditioned CARES Act payroll support on minimum air service to every point served, an order that kept aircraft flying to hotel markets no guest was permitted to reach; Amtrak cut the Northeast Corridor to 40 percent of service and suspended Acela.19 The Department of State suspended routine visa services on March 20, 2020, closing the pipeline of J-1 and H-2B seasonal workers; USCIS closed its offices to the public from March 18 to June 4, 2020.20 The Families First Coronavirus Response Act's paid-leave mandate bound every employer under 500 employees from April 1 to December 31, 2020.21 The PPP interim final rule of April 2, 2020 and the CARES Act's foreclosure moratorium governed the industry's lenders and landlords.22

The third and fourth quarters of 2020

The No Sail Order was extended on July 16 and September 30, 2020 to October 31, 2020 and replaced on October 30, 2020 by the Framework for Conditional Sailing Order, "a phased approach to resuming cruise ship passenger operations" under which no passenger voyage sailed from a United States port until the summer of 2021.23 The entry proclamations and land-border notices continued; the DHS funneling notices ended September 14, 2020.24 The CDC's residential eviction moratorium began September 4, 2020.25 The Title 42 order was replaced on October 13, 2020 and continued.26 The Coast Guard's Marine Safety Information Bulletin 02-20 announced, in successive changes, the reporting and infection-control requirements that 33 C.F.R. § 160.216 and the Captain of the Port orders under 33 C.F.R. § 160.111 imposed on every vessel arriving at a United States port; the bulletins are cited as the Coast Guard's account of that regime, not as orders.27

The first and second quarters of 2021

Executive Order 13991 of January 20, 2021 imposed workplace infection-prevention and exposure-control requirements (masking and distancing) on every on-duty federal employee, on-site contractor and visitor to federal buildings and lands; OMB Memorandum M-21-15 capped federal building occupancy at 25 percent until June 10, 2021.28 The CDC's amended order of January 25, 2021, effective January 26, "prohibits the introduction into the United States of any aircraft passenger departing from any foreign country" without a negative pre-departure test or documentation of recovery.29 Proclamation 10143 of January 25, 2021 continued the Schengen, United Kingdom, Ireland and Brazil suspensions and added South Africa; Proclamation 10199 added India effective May 4, 2021.30 The CDC's conveyance order took effect at 11:59 p.m. on February 1, 2021: "Persons must wear masks over the mouth and nose when traveling on conveyances into and within the United States" and "at transportation hubs," and "[a] conveyance operator ... must require all persons onboard to wear masks"; TSA's Security Directives 1582/84-21-01, 1544-21-02 and 1542-21-01 and Emergency Amendment 1546-21-01 imposed the rule on surface carriers, aircraft operators and airport operators, who "must ensure direct employees, authorized representatives, tenants, and vendors wear a mask at all times in or on the airport," and the Transportation Security Oversight Board ratified them on April 20, 2021; the FRA's Emergency Order 32 imposed it on every railroad from March 1, 2021.31 The CDC published the Conditional Sailing Order's technical instructions on May 5, 2021; the Department of Transportation's Order 2021-4-13 of April 29, 2021 conditioned the third round of payroll support on minimum service through September 30, 2021; the Coast Guard's implementing bulletin MSIB 02-21 carried the conveyance order's airborne-transmission controls into every maritime conveyance and hub.32 OSHA's national emphasis program of March 12, 2021 and its healthcare emergency temporary standard of June 21, 2021 governed the inspection and the counterparty layers.33 The eviction moratorium was extended on January 29, March 29 and June 24, 2021.34

The third quarter of 2021

The conveyance order, Security Directive 1582/84-21-01A (to September 13, 2021) and -01B (announced August 20, 2021; effective September 14, 2021), the airport and aircraft directives and their successors and FRA Emergency Order 32 were in force on every day of the quarter, and the Coast Guard's implementing bulletin MSIB 02-21 (Changes 2 and 3) carried the order's requirements to every maritime conveyance and hub throughout.35 Proclamations 10143 and 10199 and the inbound testing order were in force on every day; the land-border notifications published June 23, July 22, August 23 and September 22, 2021, effective June 22 through July 21, July 22 through August 21, August 22 through September 21 and September 22 through October 21, 2021, confined the Canadian and Mexican borders to essential travel, and the Secretary announced on October 15, 2021 that the limits would lift for vaccinated travelers on November 8, 2021.36 The Conditional Sailing Order was in force throughout in every port outside Florida; as to Florida ports it bound the lines to July 23, 2021 and was thereafter administered by the CDC as recommendations under the preliminary injunction in Florida v. Becerra, while the Captain of the Port requirements under 33 C.F.R. § 160.216 that MSIB 02-20 Change 7 announced, the conveyance order and the inbound testing order bound every Florida port on every day of the quarter; the CDC extended the Order on October 25, 2021 to January 15, 2022.37 The Title 42 order was reassessed and continued on August 2, 2021.38 The eviction moratorium ran to July 31 and was re-imposed for high-transmission counties from August 3 to August 26, 2021.39 The Safer Federal Workforce Task Force's model safety principles of July 29, 2021 required every on-site federal contractor to attest to vaccination or submit to testing, masking and distancing, with the Certification of Vaccination form of August 6, 2021; Executive Orders 14042 and 14043 of September 9, 2021 required a safety clause in every covered federal contract and vaccination of every federal employee; the Department of Transportation's Acquisition Directive 2021-02 of September 17, 2021 imposed entry procedures on every on-site contractor at DOT facilities; and the President's memorandum of August 17, 2021 kept the 100 percent FEMA cost share for emergency work through December 31, 2021.40 The Department of Transportation's minimum-service order ran to September 30, 2021.41 The Secretary renewed the public health emergency on July 19, 2021.42

The fifty States

The pattern

Every State and the District of Columbia limited this industry by order in the second quarter of 2020; forty-two States and territories confined the guest to his home; at least twenty-four States and the District quarantined the arriving traveler at some point in 2020; eleven States closed lodging to leisure guests or banned short-term rentals outright (Maine, Vermont, New Hampshire, Delaware, Connecticut, South Carolina, Florida, Georgia, Michigan, Arkansas and Idaho), as did the resort counties of California, Colorado, Utah and Florida and the Virgin Islands; every State with commercial casinos closed them; every convention center in the Library's record closed; and every State closed hotel restaurants to dine-in service and hotel pools, gyms, spas and ballrooms with them.43 The reopening orders of May through July 2020 replaced closure with condition: occupancy caps on rooms in New Mexico (25 to 100 percent by county tier for fifteen months), Massachusetts (25 and 40 percent from December 26, 2020 to May 29, 2021), New Hampshire (50 percent of rooms) and Connecticut (the binding Sector Rules for Hotels and Lodging); capacity caps on ballrooms, banquets and casino floors everywhere; traveler forms, quarantine attestations and test certificates at check-in in Maine, New Hampshire, Vermont, New Mexico and New York City; closed or capped pools and gyms; and casino reopening protocols that removed every other machine and every other seat.44 The winter of 2020-21 re-tightened: Illinois' Tier 3 confined hotels to registered guests and forbade every hotel meeting; Washington prohibited every business meeting and retail event in a venue from November 17, 2020; Michigan closed Detroit's casinos again; Nevada's Statewide Pause cut casinos to 25 percent; Massachusetts cut lodging to 25 percent; New Mexico closed lodging to all but health-care, extended-stay and quarantine guests for the uncertified; Pennsylvania imposed test-or-quarantine on every inbound guest; the Regional Stay at Home Order barred hotel reservations for non-essential out-of-state travel across Southern California and the San Joaquin Valley; and Oregon's freeze and county tiers, Colorado's Level Red, Minnesota's Dial Back, Ohio's curfew and Kentucky's 25-per-room cap did the same work in their States.45 The 2021 transition ran from Iowa's February 7 to Hawaii's December 1: Texas March 10, Mississippi March 3, Arizona March 25, Alabama April 9, Colorado April 16, Utah April 10, Tennessee April 28, West Virginia April 20, Georgia and Arkansas in April and May, Maryland May 15, Nebraska May 24, Connecticut May 20, Rhode Island May 21, New Jersey May 28 and June 4, Massachusetts May 29, Kentucky June 11, Pennsylvania May 31 and June 28, Ohio June 2, Illinois June 11, Vermont June 14, North Carolina May 14 (caps) and July 30 (its face-covering order, the last of its workplace exposure-control requirements), California and New York in mid-June, Michigan June 22, Minnesota June 30, Oregon June 30, Washington June 30, New Mexico July 1, and Hawaii's statewide gathering and spacing caps December 1, 2021 with its quarantine rules and its face-covering rule, an airborne-transmission control on every indoor space, running through 11:59 p.m. March 25, 2022.46 Several States legislated or ordered against local mandates during 2021 (Florida, Texas, Georgia, Arizona, Iowa and Oklahoma among them); in those States the third quarter of 2021 was carried by the federal layer, by the preemption instruments themselves (which are orders limiting commerce: Florida's section 381.00316 forbade every business to condition entry on vaccination documentation on pain of a $5,000 fine; GA-38 forbade governmental entities to require vaccination and preempted local face-covering and exposure-control rules), by the school and court orders, and by the county health authorities whose directives the States then litigated.47

The Northeast

Maine closed "all lodging operations and accommodations" from noon April 5, 2020, suspended online reservations, extended the closure to May 31 and, under EO 57 (June 9, 2020), from July 1, 2020 required every lodging operation to collect a Certificate of Compliance (negative test within 72 hours or fourteen-day quarantine) as a prerequisite to check-in, a rule lifted for domestic travelers on May 1, 2021, with EO 57 itself expiring June 30, 2021.48 Vermont suspended lodging on March 25, 2020, limited it to enumerated purposes and suspended online reservations on March 30, quarantined every non-essential arrival, reopened lodging by steps from May 22, 2020 and kept its quarantine-and-certificate regime in successive forms until June 14, 2021.49 New Hampshire restricted "all lodging providers" to vulnerable populations and essential workers from April 6, 2020, suspended online reservations, reopened lodging June 5, 2020 under mandatory guidance (50 percent of rooms; out-of-State guests to attest to fourteen days' quarantine), and from November 15, 2020 to May 7, 2021 made its travel guidance mandatory for every resident and visitor.50 Massachusetts confined lodging to essential purposes under Order No. 13, reopened it June 8, 2020 with "no events, functions, or meetings," quarantined every arrival from August 1, 2020 to March 22, 2021 under Order No. 45 ($500 per day), cut Operators of Lodgings to 25 percent from December 26, 2020 and to 40 percent from February 8 to May 29, 2021, and rescinded the regime May 29, 2021.51 Connecticut prohibited non-essential lodging by EO 7T from April 2, 2020 to June 17, 2020, then placed hotels under binding DECD Sector Rules to May 20, 2021, and quarantined travelers from Affected States from July 24, 2020 to March 19, 2021 with a $1,000 civil penalty.52 New York quarantined travelers from designated States from June 25, 2020 (EO 205; civil penalty up to $10,000), added international arrivals and the traveler health form September 28, 2020, imposed test-out rules November 4, 2020, kept the domestic rule to April 1, 2021 and the order to June 25, 2021; it closed casinos from March 16, 2020 to September 9, 2020 and capped catering and banquet events at 50, 25 and 10 through the winter.53 New Jersey closed casino gaming floors at 8:00 p.m. March 16, 2020, reopened them July 2, 2020 at 25 percent under Division of Gaming Enforcement standards, closed hotel gyms to September 1, 2020, imposed hotel sanitization and front-desk staffing directives from July 9, 2020, capped indoor gatherings at 10 from November 17, 2020 and lifted its indoor limits June 4, 2021.54 Pennsylvania marked "Traveler Accommodation" "No" on its life-sustaining list of March 19, 2020, closed casinos from March 17 to June 9, 2020 and again December 12, 2020 to January 4, 2021, capped events at 25 indoors and 10 to 25 percent of occupancy through the winter, imposed test-or-quarantine on every inbound traveler from November 20, 2020 to March 1, 2021, and let its orders expire May 31 and June 28, 2021.55 Rhode Island quarantined every non-work arrival from March 28, 2020, kept a hot-spot quarantine with test-out to July 6, 2021, capped catered events at 50 and 100, and governed lodging under RIDOH regulation to August 31, 2021.56

The South

Delaware quarantined every out-of-State arrival from March 30, 2020, closed Commercial Lodging to leisure guests from April 7 to June 1, 2020, set hotel common areas at 30 percent from June 1, closed casinos March 24 to June 1, 2020 and capped them to May 21, 2021, and declared a Public Health Emergency on July 12, 2021 and ended its State of Emergency at 12:01 a.m. July 13, 2021.57 The District of Columbia declared hotels' "conference facilities, ballrooms, and dining-in facilities of their restaurants" non-essential on March 24, 2020, closed hotel pools to the spring of 2021, quarantined non-essential travelers from July 27, 2020 and tested them from November 9, 2020, lifted its capacity limits May 21 and June 11, 2021, and reinstated universal indoor face coverings, an airborne-transmission control on every indoor space enforced by fine and license suspension, on July 31, 2021.58 Maryland closed casinos and racetracks from March 16 to June 19, 2020, prohibited convention events by health directive from June 12, 2020, capped convention and banquet facilities at 50 percent to May 15, 2021, and required testing or quarantine of travelers from December 17, 2020 to January 31, 2021.59 Virginia ceased all campground reservations under fourteen nights from April 1, 2020 and capped hotel meeting space under its gathering caps (10, 50, 250, 25, 10, 50, 100 in sequence) to May 28, 2021.60 Florida quarantined arrivals from the New York tri-State area and Louisiana from March 24 and 27, 2020 with highway checkpoints, suspended every vacation rental from March 28 to May 4, 2020 and beyond under EO 20-87 and its extensions, closed hotel gyms March 20, 2020, suspended on-premises alcohol sales at bars from June 26 to September 14, 2020, lifted every State cap September 25, 2020, voided the local orders that had continued May 3 and July 1, 2021, and from July 1, 2021 forbade every business to require vaccination documentation of a patron.61 Georgia banned vacation rentals from April 9 to April 30, 2020, forbade conventions before July 1, 2020 and then permitted them only under tiered rules, capped gatherings at 50 without distancing to April 8, 2021, and on August 19, 2021 suspended inconsistent local ordinances and barred compelled business enforcement.62 South Carolina quarantined tri-State and New Orleans arrivals from March 27, 2020 and, from 5:00 p.m. April 3 to May 1, 2020, prohibited every lodging establishment from "making or accepting new reservations or bookings" from travelers from CDC-identified areas; it capped events as Gatherings from August 3, 2020 to March 1, 2021.63 North Carolina confined lodging to lodging and carry-out from March 27, 2020, capped venues through Phase 3 and a nighttime curfew to February 26, 2021, and lifted caps May 14, 2021.64 Tennessee confined hotels, lodges and short-term rentals to lodging and carry-out from March 31 to April 28, 2020 and governed them under the Tennessee Pledge lodging guidelines to April 28, 2021.65 Kentucky instructed residents not to travel out of State and quarantined returning residents from March 30, 2020, restricted inbound out-of-State residents from April 2, closed hotel meeting and banquet space as venues to June 29, 2020 and capped it at 25 per room from November 20 to December 13, 2020, and rescinded its orders June 11, 2021.66 West Virginia closed casinos and racetracks March 18, 2020, closed State park lodges March 21, quarantined arrivals from Louisiana, New York, New Jersey, Connecticut, Italy and China from March 31 to May 21, 2020, barred out-of-State campground arrivals to June 10, 2020 and restricted Monongalia County hotel bars from July 14 to October 13, 2020.67 Louisiana's Gaming Control Board closed every casino at midnight March 16, 2020, reopened them May 18, 2020 at 25 percent occupancy and 25 then 50 percent of positions with temperature screening of every entrant, disabled half the devices from November 25, 2020, removed the caps April 1, 2021 with mandatory distancing in "all amenity areas," and from August 4, 2021 imposed on every gaming property a face-covering requirement on every employee and entrant, one of the infection-prevention and exposure-control conditions of the license beside the distancing and screening rules; the Governor capped conventions at 50 percent with a State Fire Marshal-approved plan from March 3 to April 27, 2021 and reinstated from August 4 to October 27, 2021 the statewide indoor face-covering mandate, an airborne-transmission control enforced by citation against the business that failed to enforce it.68 Texas quarantined air arrivals from New York, New Jersey, Connecticut, New Orleans and, from March 29, 2020, California, Washington, Atlanta, Chicago, Detroit and Miami, and road arrivals from Louisiana, under DPS supervision with a $1,000 fine and 180 days' confinement, designating the hotel as the quarantine location; it prohibited valet from April 27, 2020, capped hotel restaurants, bars, pools, gyms and meeting spaces at 25, 50 and 75 percent through March 9, 2021, and on July 29, 2021 issued GA-38.69 Mississippi closed every licensed casino at midnight March 16, 2020 and reopened them May 21, 2020 at 50 percent with health screening of every entrant and no entertainment; Alabama and Arkansas closed casinos and dog tracks; Arkansas confined lodging to "authorized guests" from April 6 to June 15, 2020; Oklahoma quarantined air arrivals from the tri-State area, Washington, California and Louisiana from March 29 to May 12, 2020 and closed hotel bars, dining rooms, gyms and event space to May 1, 2020.70

The Midwest

Illinois' Gaming Board suspended gambling at the State's ten casinos from March 16, 2020 and video gaming everywhere, extended the suspension March 20 "consistent with Governor Pritzker's March 20, 2020 Executive Order," and reopened them under Phase 4 on July 1, 2020; Executive Order 2020-73 (Tier 3, November 20, 2020 to January and February 2021) provided that "Hotel room occupancy must be limited to registered guests only" and "Hotels may not host gatherings in their meeting and event spaces," closed fitness centers except by reservation at 25 percent, and prohibited casinos and video gaming from operating; Phase 5 arrived June 11, 2021 and the universal indoor face-covering requirement, an airborne-transmission control on every indoor public place, returned August 30, 2021.71 Michigan's EO 2020-42 of April 9, 2020 prohibited "all travel to vacation rentals," stripped critical-infrastructure status from hotels offering "gyms, pools, spas, dining, entertainment facilities, meeting rooms, or like facilities," and provided that "No one shall advertise or rent a short-term vacation property" except for health-care responders; EO 2020-59 continued the ban and added a face-covering requirement to its workplace exposure-control rules; Detroit's casinos closed March 16, 2020, reopened August 5, 2020 at 15 percent and closed again November 18 to December 22, 2020.72 Ohio confined hotels to lodging and carry-out from March 23, 2020, closed casinos and racinos from March 13-14 to June 19, 2020 and reopened them under mandatory Responsible RestartOhio requirements including telework for every employee able to work remotely, and rescinded its orders June 2, 2021.73 Indiana's Gaming Commission closed every casino, racino and OTB from March 16, 2020, permitting reopening June 15, 2020 on approval of each casino's plan; Indiana closed campgrounds April 7, 2020, capped conventions at 250 and county caps at 250, 100, 50 and 25 from November 15, 2020 to April 5, 2021, and rescinded all directives June 30, 2021.74 Minnesota's Dial Back closed venues and prohibited gatherings from November 20, 2020 to January 10, 2021 and kept a telework mandate to April 14, 2021; Wisconsin's Emergency Order #12 required hotels to "Close swimming pools, hot tubs, and exercise facilities" and prohibited all non-essential travel to April 24, 2020, and Dane County and Milwaukee governed hotel events to June 2021; Iowa closed casinos from noon March 17 to June 1, 2020, closed hotel bars in six counties from August 27, 2020 and ended its business proclamations February 7, 2021; Missouri's Gaming Commission closed every riverboat casino from midnight March 17 to May 31, 2020; Kansas's health department kept a mandatory travel quarantine list from March 23, 2020 through at least November 18, 2021; North Dakota named hotels and rented lodging as places of confinement for arriving travelers from March 28 to September 21, 2020 and capped banquet venues at 25 and 50 percent from November 16, 2020 to January 18, 2021; Nebraska's directed health measures capped hotel conference rooms and banquet halls as gatherings from March 19, 2020 to May 24, 2021 and quarantined every international arrival from June 1 to September 13, 2020; South Dakota's municipalities closed hotel dining and Rapid City imposed enhanced room-cleaning rules.75

The West

Hawaii quarantined every arriving person from March 26, 2020 under threat of a $5,000 fine and a year in jail, quarantined interisland travel from April 1 to June 16, 2020 and again from August 11, 2020 to June 14, 2021, permitted hotels only "to the extent used for lodging and delivery or carry-out food services," created the Safe Travels test exception October 15, 2020 and the test-before-departure rule November 24, 2020, cut the quarantine to ten days December 17, 2020, added vaccination exceptions in May, June and July 2021, required every hotel operator to adopt, publish and file a COVID-19 Health and Safety Plan and to house guests who test positive, issued a new Emergency Proclamation August 5, 2021 and Executive Order 21-05 on August 10, 2021 (indoor gatherings capped at ten, outdoor at twenty-five, restaurant and bar spacing), and kept the statewide face-covering requirement, an airborne-transmission control on every indoor space enforced by each county, and the Safe Travels regime through 11:59 p.m. March 25, 2022.76 Nevada closed every gaming floor from 11:59 p.m. March 17, 2020 to June 4, 2020, permitted hotel-casinos to remain open only "to avoid guest displacement or for essential or emergency purposes," closed conventions and trade shows to the public until October 1, 2020 and then capped them at 250 or 50 percent under approved plans, closed bars and bar-top gaming in seven counties from July 10 to September 20, 2020, cut casinos and gatherings to 25 percent under the Statewide Pause from November 24, 2020, stepped to 35 and 50 percent in February and March 2021, enacted SB 4 and NAC chapter 447E imposing mandatory cleaning, screening, testing and inspection standards on every public accommodation in Clark and Washoe Counties, rescinded the Board's gaming-floor protocols June 1, 2021, and reinstated in the substantial- and high-transmission counties (Clark and Washoe among them) from 12:01 a.m. July 30, 2021, by Directive 047 and Gaming Control Board Notice 2021-71, universal indoor face coverings, an airborne-transmission control that every licensee was ordered to enforce on every employee, patron and guest and that sat atop the statutory cleaning, screening and testing standards of NAC chapter 447E.77 California confined lodging to essential purposes under the stay-home order from March 19, 2020 to June 15, 2021, closed meetings and conventions in every Blueprint tier until April 2021, barred hotel reservations for non-essential out-of-State travel under the Regional Stay at Home Order from December 6, 2020 to January 25, 2021, and from June 15, 2021 governed mega-events and face coverings, the exposure controls of the State Public Health Officer's order and CDPH guidance; Riverside County confined every short-term lodging facility to pandemic response and essential workers from March 27 to May 9, 2020 and forbade any owner or agent to market a rental; El Dorado County, the Lake Tahoe Basin, Santa Clara County and San Diego County did the same in their seasons.78 New Mexico capped lodging at 50, 25, 50, 75, 60 and 25 percent by public health order from March 19, 2020 through June 30, 2021, closed uncertified lodging to all but health-care, extended-stay and quarantine guests from November 16 to December 1, 2020, quarantined every arrival from July 1, 2020 under EO 2020-054 and its amendments, closed racetrack casinos and nonprofit gaming from March 19, 2020 to February and March 2021, and reinstated universal indoor face coverings August 20, 2021, adding that airborne-transmission control to the COVID-Safe Practices its June 30, 2021 order had made binding on every business.79 Washington counted hotels as residences under the stay-home order, prohibited "all business meetings and retail events" in venues from November 17, 2020, governed hotel meeting spaces and convention centers under Miscellaneous Venues requirements to June 30, 2021, quarantined arrivals from variant countries from December 21, 2020, and reinstated universal indoor face coverings August 23, 2021 as an exposure-control requirement on every indoor space, with a prohibition on any business admitting an unmasked person.80 Oregon closed campgrounds March 23 to May 5, 2020, closed venues in its highest county tier through the winter, rescinded its orders June 30, 2021 and reinstated indoor face coverings, an airborne-transmission control on every indoor space, August 13, 2021; Colorado closed casinos from 8:00 a.m. March 17, 2020, capped them under the Dial to April 16, 2021, and its mountain resort counties, Routt and Pitkin by the orders in the Library and others by parallel public health orders, barred new lodging guests and short-term rentals in March 2020; Utah's Southeast Utah Health Department barred lodging in Carbon, Emery and Grand Counties from checking in any non-resident guest from March 17 to May 1, 2020 and then closed hotel pools, meeting rooms and convention rooms and capped occupancy; Alaska quarantined every arrival from March 25, 2020 (fine up to $25,000) with the "hotel room or rented lodging" as the quarantine location and barred quarantining guests from "pools, meetings rooms, fitness centers or restaurants," a regime that ran in successive forms to February 14, 2021; Arizona permitted hotels only "to the extent used for lodging and delivery or carryout food services," quarantined tri-State air arrivals from April 9 to May 16, 2020 and closed hotel bars and gyms June 29, 2020; Idaho permitted hotels only to house exempt persons through April 30, 2020 and quarantined every entrant from April 15 to May 15, 2020; Montana and Wyoming quarantined every non-work arrival from March 30 and April 3, 2020 and required every hotel and short-term-rental listing to carry notice of the quarantine.81

The largest metros

The local instruments

New York City established quarantine checkpoints at its boundary crossings on August 5, 2020, required from August 21, 2020 that every hotel, motel, inn and short-term rental verify a completed Traveler Health Form before granting a room, renewed that rule every five days to May 22, 2021, and from August 17, 2021 conditioned entry to every indoor dining, fitness and entertainment premises, including hotel restaurants, bars, gyms and event spaces, on proof of vaccination under the Key to NYC program, with penalties from September 13, 2021 and restatements on August 25, September 14 and September 24, 2021.82 Los Angeles County closed bars, lounges, indoor dining, entertainment venues and cardrooms in successive Stage 3 orders, barred non-essential lodging and imposed a ten-day quarantine on arrivals under its Tier 1 order of December 30, 2020, reinstated universal indoor face coverings July 17, 2021 as an exposure-control requirement on every indoor public setting and business, required them at outdoor mega-events from August 20 and vaccination or a negative test for indoor mega-events of 1,000 or more from September 15, 2021, and on September 17, 2021 ordered vaccination verification at bars, breweries, wineries, nightclubs and lounges effective October 7; the City of Los Angeles enacted hotel-worker recall and retention ordinances on June 14, 2020.83 Chicago required short-term-rental intermediaries to report every reservation twice a week from May 8, 2020, quarantined arrivals from high-incidence States from July 6, 2020 to June 29, 2021, capped meetings and social events at ten from November 16, 2020, and reinstated indoor face coverings August 20, 2021, an exposure-control requirement enforced against the business by sanction up to closure, with Cook County following August 23.84 Hillsborough County confined hotels to Essential Lodgers from March 30, 2020; Tarrant County capped hotel meeting spaces at 50 percent or 125 persons from March 18, 2020; Riverside County confined short-term lodging to pandemic response from March 27 to May 9, 2020 and cancelled Coachella, Stagecoach and the Temecula Valley Balloon and Wine Festival by order in 2021; San Diego County barred non-essential lodging from December 6, 2020 to January 25, 2021 and the City of San Diego enacted a hotel-worker recall ordinance; Sacramento County did the same from December 10, 2020 to January 12, 2021 and reinstated indoor face coverings, an exposure-control requirement on every indoor public setting and workplace, July 30, 2021; Santa Clara County limited hotels to essential travel from November 30, 2020; San Francisco quarantined every arrival from outside the Bay Area from December 18, 2020, reinstated indoor face coverings August 3, 2021 as the first of its exposure-control conditions and, as the second, required proof of full vaccination for indoor dining, bars, gyms and large indoor events from August 20, 2021.85 Denver closed the Colorado Convention Center, Red Rocks and the Performing Arts Complex on March 13, 2020, required vaccination of personnel of listed entities from August 2, 2021, and Boulder County reinstated universal indoor face coverings, an airborne-transmission control on every indoor public space, September 3, 2021; Detroit's health officer imposed masks, capacity and workplace rules on every open business from October 9, 2020, and Oakland County closed every public swimming pool including hotel pools from May 28, 2020; Summit County, Utah closed every resort, restaurant and bar on March 15, 2020 and expelled visitors by April 1; Orlando closed every City venue to public events on March 20, 2020 and the Orange County Convention Center cancelled its March-June 2020 calendar; New Orleans cancelled gatherings and closed reception venues from March 17, 2020, restricted Mardi Gras 2021, reinstated indoor face coverings July 31, 2021 and, as the second of its exposure-control conditions, required proof of vaccination or a negative test for entry to indoor establishments from August 16, 2021; Honolulu implemented Safe Access O'ahu (proof of vaccination or a negative test for restaurants, bars, gyms and venues) from September 13, 2021, the Safe O'ahu Response Plan from September 22 (indoor and outdoor events closed; restaurants and bars at 50 percent with 10:00 p.m. liquor service cutoffs) and Maui's Safer Outside rules from September 15, 2021; Philadelphia's Full Reopening Order bound every business from June 15, 2021 and its indoor face-covering mandate, an exposure-control requirement placed on every business operating in the City, returned August 12, 2021; Boston required face coverings in every place open to the public from August 27, 2021, an airborne-transmission control placed on the premises of every business, as did St. Louis City and County from July 26, 2021, Savannah from July 26 and again August 24, 2021 with a fifty-person cap on gatherings on City property, Kansas City from August 2, 2021, Madison and Dane County from August 19, 2021 and Montgomery County, Maryland from August 7, 2021; and Bexar County and Harris County directed masking and quarantine in schools from August 10 and 12, 2021.86 King County issued its Verification of Vaccination Order on September 16, 2021 with entry rules effective October 25, and Clark County, Nevada required face coverings of every employee from July 22, 2021 as a workplace exposure-control measure atop the statutory cleaning, screening and testing standards of NAC chapter 447E.87

The sector regulators

The gaming regulators

The Nevada Gaming Control Board enforced the Governor's shutdown on every licensee ("All gaming devices, machines, tables, games, and any equipment related to gaming activity must be shut down until 11:59pm on April 30, 2020"), conditioned reopening on June 4, 2020 on its Health and Safety Policies, added face coverings at table games June 17 and throughout the gaming floor June 26, 2020 to those policies' screening, distancing, position-removal and cleaning conditions, implemented the Statewide Pause at 25 percent, rescinded the gaming-floor protocols June 1, 2021 and imposed the face-covering requirement again from July 30, 2021 as a condition of the license.88 New Jersey's Division of Gaming Enforcement suspended every casino and retail sports-wagering operation on March 16, 2020, adopted the Casino Association's protocols as the "baseline and minimum standards that each Atlantic City casino is required to meet or exceed in order to reopen," and reinstated certificates of operation from 6:00 a.m. July 2, 2020 "provided ... that they comply, and remain in compliance, with Executive Order Nos. 157 and 158."89 The Massachusetts Gaming Commission suspended operations at Encore, MGM Springfield and Plainridge Park from 5:59 a.m. March 15, 2020, reopened them July 6, 2020 under Minimum Requirements (three players per blackjack table; no craps, roulette or poker; no valet, coat check, promotions or events), restored roulette October 8 and craps March 11, 2021, and rescinded the orders 12:01 a.m. May 29, 2021 on conditions.90 The Louisiana Gaming Control Board's Orders 1 through 30 ran from March 16, 2020 through the third quarter of 2021 and beyond, including Order No. 24 of April 29, 2021 (distancing "in all areas of each property including the designated gaming area, lobbies, waiting areas, food and beverage facilities, customer queueing areas, all amenity areas and all back of house areas"), Order No. 27 of August 4, 2021 (face coverings on every employee and every entrant, added to the Board's distancing and screening conditions) and Order No. 29 of September 22, 2021 (forbearance of employment conditions "until patron admissions for any three-month period ... reaches the admission level for the same three-month period of 2019"), and its Chairman's letter of August 11, 2020, an announcement implementing the Board's emergency orders and cited as such, called on each casino to designate a COVID-19 Response Liaison.91 The Mississippi Gaming Commission closed every licensed casino at midnight March 16, 2020 and reopened them May 21, 2020 at 50 percent with entry screening and no entertainment, tournaments or promotions; the Missouri Gaming Commission closed every riverboat casino from midnight March 17 to May 31, 2020; the Pennsylvania Gaming Control Board announced that the casinos would conclude gaming by 6:00 a.m. March 17, 2020 under the Governor's closure order of March 19, 2020 (the announcement is cited as context; the order is Ex. PA-004) and reopened them from June 9, 2020 under its protocols; the Michigan Gaming Control Board approved the Detroit casinos' reopening at 15 percent on June 8, 2020; the Ohio Casino Control Commission's Responsible RestartOhio requirements bound casinos and racinos from June 19, 2020; the Illinois Gaming Board's notices and the New Mexico Gaming Control Board's cessation notice of March 19, 2020 did the same work in their States.92

The alcohol, lodging and health regulators

Florida's Department of Business and Professional Regulation suspended on-premises alcohol sales at every vendor deriving more than half its revenue from alcohol from June 26, 2020, amended the order July 1, 2020 to reach vendors "not licensed to offer food service" and to forbid nightclubs, and rescinded it effective September 14, 2020; it also administered the vacation-rental suspension and the county reopening plans.93 Connecticut's Department of Economic and Community Development issued the Sector Rules for Hotels and Lodging (June 17, 2020; July 20, 2020; December 11, 2020), "legally binding and enforceable" under EO 7ZZ, with a 50 percent capacity limit for most businesses and mandatory closing times.94 New Hampshire's Lodging Reopening Guidance (mandatory under Emergency Orders #40 and #52) capped rooms at 50 percent and required the out-of-State guest's quarantine attestation; New Jersey's Department of Health directed hotel sanitization and front-desk staffing under P.L. 2020, c. 37; Rhode Island's Department of Health governed Lodging Operations by regulation to August 31, 2021; Nevada's SB 4 and NAC chapter 447E imposed cleaning, screening, testing and inspection standards on every public accommodation in Clark and Washoe Counties from August 31, 2020.95 The State parks and wildlife agencies closed campgrounds, lodges and commercial tour permits, and their releases record the closures: Hawaii's DLNR announced on March 20, 2020 that it had suspended every commercial ocean and trail tour permit; Washington's agencies announced that recreation lands would reopen May 5, 2020 for local day use with "Visitor centers, camping, and other overnight accommodations" closed under the Governor's proclamations; and California State Parks announced the re-closure of State campgrounds in December 2020 under the Regional Stay at Home Order (Ex. CA-020). The releases are cited as the agencies' accounts of those actions, not as orders.96

The federal transportation and maritime regulators

The Coast Guard's MSIB 02-20, in Changes 3 through 7 (March 16, 2020 to May 5, 2021 and through the third quarter of 2021), announced the reporting and infection-control requirements that 33 C.F.R. § 160.216 and the Captain of the Port orders imposed on every vessel arriving at a United States port, including the confinement of crews aboard; its Seventh District bulletin of March 29, 2020 announced that foreign passenger vessels were required to increase medical capability because "Medical facilities in the Port of Miami ... are no longer accepting MEDEVAC patients"; PortMiami's release recorded the cessation of sailings and the waiver of lay-berth fees from March 13, 2020; and MSIB 02-21 and its Changes 1 through 3 carried the conveyance order's airborne-transmission controls into every maritime conveyance and hub from February 1, 2021. The bulletins and releases are cited as the agencies' accounts of the regime the orders imposed, not as orders.97 The FAA's slot waivers, the Department of Transportation's minimum-service orders of April 7, 2020, January 15, 2021 and April 29, 2021, its order of June 3, 2020 on the Chinese carriers, the FRA's Emergency Order 32 and the Port of Seattle's and Greater Orlando Aviation Authority's face-covering policies, the airport operators' exposure controls on tenants and concessionaires, were the aviation and surface layer.98

The counterparties

Orders on the industry's counterparties

The convention centers closed by order or by the orders' gathering bans: the Javits Center held "no events since March 10th" and became a medical station and emergency warehouse; McCormick Place "had been closed since March of 2020" and, as the Authority's release records, reopened only in July 2021; the Boston Convention and Exhibition Center became the 1,000-bed Boston Hope facility in April 2020 and hosted no public convention until September 3, 2021; the Pennsylvania Convention Center closed from March 2020 to June 2021; the Orange County Convention Center cancelled its March-June 2020 calendar; the Colorado Convention Center was ordered "ACCESS RESTRICTED" on March 13, 2020.99 The courts suspended jury trials and confined proceedings: the Supreme Court of Texas's Thirty-Eighth and Fortieth Emergency Orders ran through the third quarter of 2021, and its Forty-Third, issued September 21, 2021, took effect October 1; the Hawaii Supreme Court postponed all jury trials on August 16 and September 29, 2021; the Central District of California's Chief Judge's orders activated continuity operations and required face coverings of every person entering its courthouses as one of its access and exposure controls.100 The schools closed in the spring of 2020 in every State and, in the third quarter of 2021, operated under face-covering and quarantine directives that governed the workforce's children (New Jersey EO 251; Harris County; Bexar County; the Hawaii DOH guidance, cited as such; the Navajo Nation's Safe Schools Framework).101 The transit agencies placed the commuting workforce under the federal order's airborne-transmission controls and their own rules, and the MTA imposed a $50 fine.102 The landlords and lenders operated under the moratoria.103

The ecosystem

The mechanisms

The interconnected economy reached this industry through six mechanisms, each carried by an order: the border and entry mechanism (the proclamations, land-border notices, funneling notices and inbound testing order removed the foreign guest and the Canadian and Mexican day visitor from March 2020 to November 8, 2021); the travel-quarantine mechanism (the quarantines of New York, Connecticut, Massachusetts, Maine, Vermont, New Hampshire, Rhode Island, Pennsylvania, Hawaii, Alaska, New Mexico, Kansas, Chicago, the District of Columbia, San Francisco and Santa Clara made the trip itself the thing the order forbade or burdened); the gathering mechanism (the caps and venue closures cancelled the convention, the wedding and the tour group); the cruise mechanism (the No Sail and Conditional Sailing Orders removed the pre- and post-cruise hotel night in Miami, Fort Lauderdale, Port Canaveral, Galveston, New Orleans, Seattle, Los Angeles, San Diego and Honolulu, and Providence barred cruise vessels from its port November 22, 2020); the workforce mechanism (stay-at-home orders, school closures, quarantine directives, the transit exposure controls and the visa suspension); and the counterparty mechanism (the closed convention center, the closed casino next door, the closed attraction, the cancelled festival and the suspended court calendar).104 Foreign orders (the Canadian and Mexican border closures from their side, the European and Asian departure restrictions) are treated as facts and circumstances by category, not as the orders of an appropriate governmental authority.

The standing duties

Beneath the emergency orders lay a fourth layer that bound every employer in this industry on every day of the six quarters whether or not any order named it: the standing statutes that commanded every person to prevent and control communicable disease and every employer to furnish a safe and healthful workplace, the offense provisions that punished disobedience of health and emergency orders, the sanitary codes enforced by summary closure, 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 on the Suspension Clause's own terms, and the pandemic directives gave each its content.105 The eight principal States are set out here; the fifty-one-State table is on the site's standing duties page.

First, the orders let a hotel, restaurant, casino or venue operate only on conditions, and the verbs are commands. Texas: "Every business establishment in Texas shall operate at no more than 50 percent of the total listed occupancy."106 Delaware: "all businesses that permit customers onto their premises shall also comply with the following restrictions."107 Arizona: any business that "serves the public or is an employer shall develop, establish, implement and enforce policies that adopt guidance from" the CDC, the Department of Labor, OSHA and ADHS.108 Florida: restaurants "may serve patrons at indoor seating so long as they limit indoor occupancy up to fifty (50) percent of their seating capacity."109 Ohio: "Businesses must require all employees to wear facial coverings."110 Wisconsin: "To the greatest extent feasible, Essential Businesses and Operations shall comply with Social Distancing Requirements."111 Nevada: "All employers shall require employees who interact with the public to wear face coverings, to the maximum extent possible."112 Missouri: "every person and business in the State of Missouri shall abide by social distancing requirements."113 An order clause written in "should," or converted to a recommendation (Texas, March 10, 2021; Arizona, March 25, 2021; Nevada's distancing clause, May 1, 2021), is recorded as a recommendation; from those dates the compulsion rests on the standing statutes, the shields and the federal duty.114

Second, standing law commanded the same conduct before any order issued. Texas states the duty on the person: "The state has a duty to protect the public health. Each person shall act responsibly to prevent and control communicable disease." (Ex. DUT-TX-001.) Behind it stand the control-measure orders and offenses of chapter 81 and Labor Code section 411.103, under which "Each employer shall" provide "a place of employment that is reasonably safe and healthful," use "methods of sanitation and hygiene" and "take all other actions reasonably necessary."115 Ohio makes it an offense for any person "having charge of a public conveyance or place of public accommodation, amusement, resort, or trade" to "negligently fail to take reasonable measures to protect the public from exposure to the contagion," and its frequenter statute imposes a safe-place duty on every employer.116 Wisconsin's safe-place statute commands every employer to furnish a place of employment "safe for employees therein and for frequenters thereof" and to "do every other thing reasonably necessary to protect the life, health, safety, and welfare" of each.117 Nevada requires that hotel "lobbies and other portions or appurtenances of hotels used by tenants shall be kept in a clean and sanitary condition."118 Florida binds every public lodging and food-service establishment through chapter 509 on pain of fine and license suspension, and makes violation of "any requirement adopted by the department pursuant to a declared public health emergency" a second-degree misdemeanor.119 Arizona commands that law enforcement "shall enforce orders issued by the governor" and makes knowing refusal to obey one a class 1 misdemeanor.120 Delaware punishes violation of any emergency order with $50 to $500 or six months "for each violation."121 Missouri's department "shall make and enforce adequate orders" against communicable disease, whose violation is a class A misdemeanor, and section 292.300 commands every employer to "adopt and provide approved and effective devices, means or methods for the prevention of such industrial or occupational diseases."122 Over all eight lay the general duty clause: "Each employer ... shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees," which OSHA measured against the CDC's guidelines from April 13, 2020, enforced by citation from September 2020 and saw affirmed in 2022 as a willful violation against a tax office that refused masks and distancing.123

Third, the legislatures fixed the standard of care as compliance. Texas protects a business from an exposure claim 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."124 Arizona presumes good faith, retroactively to March 10, 2020, only for a business that "adopted and implemented reasonable policies related to the public health pandemic."125 Florida immunizes only a defendant that "made a good faith effort to substantially comply with authoritative or controlling government-issued health standards or guidance."126 Nevada immunizes an entity only "[i]f the entity was in substantial compliance with controlling health standards."127 Ohio, Wisconsin and Missouri set culpability floors without a compliance clause, stated here as their texts read: Ohio's Am. Sub. H.B. 606 provides that a government order, recommendation or guideline "shall neither create nor be construed as creating a duty of care," leaving Ohio's compulsion to R.C. 3701.352, 3701.81(C) and 4101.11 and the orders' own conditions; Wisconsin's 2021 Act 4 yields only to "reckless or wanton conduct or intentional misconduct"; Missouri's took effect August 28, 2021.128 Delaware enacted no business shield; its ordinary standard of care stood. The premise is the same in every form: compliance with governmental health standards is what a business owed. A hotel that capped its rooms, closed its pool, screened its housekeepers and masked its front desk was not choosing; it was complying, and the command reached it from order, statute and shield at once.

  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 mandatory jurisdictions; 2,355 of 3,233 counties; "most jurisdictions issued multiple orders"; first order to end Alaska, Apr. 24, 2020; movement fell in 97.6 percent of counties). ↩
  2. 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"; "95% were issued prior to November 23, 2021"). ↩
  3. Ballotpedia (Council of State Governments data) (Ex. LAW-203) (2,065 executive orders, Feb. 2020 to June 29, 2020); Ballotpedia (Ex. LAW-204) (43 governors issued stay-at-home or non-essential-closure orders; seven did not). ↩
  4. KFF, State Social Distancing Actions, files 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). ↩
  5. TSA, 2020 TSA checkpoint travel numbers (Ex. LAW-225); Bureau of Transportation Statistics, Full Year 2020 and December 2020 U.S. Airline Traffic Data (Ex. LAW-226); GAO-20-625, COVID-19: Opportunities to Improve Federal Response, at 3, 10 (June 2020) (Ex. LAW-213). ↩
  6. Ex. FED-010 (Jan. 31, 2020); Ex. FED-011 (Apr. 21, 2020); Ex. FED-012 (July 23, 2020); Ex. FED-013 (Oct. 2, 2020); Ex. FED-014 (Jan. 7, 2021); Ex. FED-015 (Apr. 15, 2021); Ex. FED-016 (July 19, 2021; effective July 20, 2021). ↩
  7. Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001); Notice of Feb. 24, 2021 (Ex. FED-002); Pub. L. 118-3 (Apr. 10, 2023) (Ex. FED-005). ↩
  8. Emergency determination of Mar. 13, 2020 (Ex. FED-006); FEMA-4503-DR (Alabama) (Ex. FED-100) and the parallel declarations for every State (Ex. FED-101; Ex. FED-102). ↩
  9. Proclamation 9984 (Jan. 31, 2020; effective Feb. 2, 2020) (Ex. FED-200); Proclamation 9993 (Mar. 11, 2020; effective 11:59 p.m. Mar. 13, 2020) (Ex. FED-202) ("The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited"); Proclamation 9996 (Mar. 14, 2020; effective Mar. 16, 2020) (Ex. FED-203); Proclamation 10041 (May 24, 2020) (Ex. FED-204); Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207); Proclamation 10294 (Oct. 25, 2021; effective 12:01 a.m. Nov. 8, 2021) (Ex. FED-209). ↩
  10. DHS, Notification of Arrival Restrictions (Jan. 31, 2020; effective 5:00 p.m. Feb. 2, 2020) (Ex. ECO-C-044); Notification of Arrival Restrictions (Schengen) (Mar. 13, 2020) (Ex. ECO-C-045); 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; effective 11:59 p.m. Mar. 20, 2020) (Ex. FED-216) (the quoted exclusion of tourism); the Mexico notification, 85 Fed. Reg. 16547 (Ex. FED-239); the April 22, 2020 renewal (Ex. FED-217) and the monthly renewals thereafter. ↩
  11. Ex. FED-027; Ex. FED-028; Ex. FED-029; Coast Guard MSIB 02-20 (Change 3) (Mar. 16, 2020) (Ex. AGY-USCG-PORTS-006 (context)) ("The CDC issued a No Sail Order on March 14, 2020 to all cruise ships that had not voluntarily suspended operations."). ↩
  12. CDC, Order Suspending Introduction of Certain Persons (Mar. 20, 2020) (Ex. FED-034); extension (Apr. 20, 2020) (Ex. FED-035); amendment and extension (May 19, 2020) (Ex. FED-036); Interim Final Rule (Mar. 20, 2020) (Ex. FED-039). ↩
  13. FAA, Notice, 85 Fed. Reg. 15018 (Mar. 16, 2020) (Ex. AGY-AVIATION-SURFACE-005); Department of Transportation, Order 2020-4-2, Docket DOT-OST-2020-0037 (Apr. 7, 2020) (Ex. AGY-AVIATION-SURFACE-028) (minimum service obligations through Sept. 30, 2020); Amtrak, Updates to Service (Mar. 21, 2020) (Ex. AGY-AVIATION-SURFACE-076); Department of Transportation, Order 2020-6-1 (June 3, 2020) (Ex. AGY-AVIATION-SURFACE-064) (Chinese carriers). ↩
  14. Ex. FED-327; Ex. FED-324; Ex. FED-325; Ex. ECO-C-121; Ex. ECO-C-122; Ex. ECO-C-126. ↩
  15. Families First Coronavirus Response Act, Pub. L. 116-127 (Mar. 18, 2020) (Ex. FED-170); Department of Labor, Temporary Rule, Paid Leave Under the FFCRA, 85 Fed. Reg. 19326 (Apr. 6, 2020) (Ex. FED-171); Revised Temporary Rule (Sept. 11, 2020) (Ex. FED-172). ↩
  16. SBA, Business Loan Program Temporary Changes; Paycheck Protection Program (Apr. 2, 2020) (Ex. FED-341); CARES Act §§ 4022-4024 (Ex. FED-340). ↩
  17. Ex. FED-029; Ex. FED-030; Ex. FED-031 ("This Order establishes a framework for a phased approach to resuming cruise ship passenger operations in U.S. waters. This phased approach will include: (1) Establishment of laboratory testing of crew onboard cruise ships in U.S. waters; (2) simulated voyages ...; (3) a certification process; and (4) a return to passenger voyages"); Coast Guard MSIB 02-20 (Change 4) (Apr. 23, 2020) (Ex. AGY-USCG-PORTS-020 (context)) and (Change 5) (May 27, 2020) (Ex. AGY-USCG-PORTS-022 (context)). ↩
  18. Ex. FED-207 § 5 (amending the termination clauses of Proclamations 9984 and 9992 so that they continue until terminated by the President); Ex. ECO-C-044 (terminated 12:01 a.m. Sept. 14, 2020). ↩
  19. CDC, Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020; effective Sept. 4, 2020) (Ex. FED-022). ↩
  20. CDC, Order Suspending the Right To Introduce Certain Persons (Oct. 13, 2020), 85 Fed. Reg. 65806 (Oct. 16, 2020) (Ex. FED-037); Final Rule (Sept. 11, 2020) (Ex. FED-048). ↩
  21. Ex. AGY-USCG-PORTS-020 (context); Ex. AGY-USCG-PORTS-022 (context); Ex. AGY-USCG-PORTS-030 (Change 6, Jan. 29, 2021); Seventh District MSIB 01-20 (Mar. 29, 2020) (Ex. AGY-USCG-PORTS-013 (context)). ↩
  22. Executive Order 13991, § 2 (Jan. 20, 2021), 86 Fed. Reg. 7045 (Ex. FED-060); OMB Memorandum M-21-15 (Jan. 24, 2021) (Ex. FED-270); OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271). ↩
  23. CDC, Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery (Jan. 25, 2021; effective Jan. 26, 2021) (Ex. FED-042). ↩
  24. Ex. FED-207 (Schengen, United Kingdom, Ireland and Brazil from 12:01 a.m. Jan. 26, 2021; South Africa from Jan. 30, 2021); Proclamation 10199 (Apr. 30, 2021; effective 12:01 a.m. May 4, 2021) (Ex. FED-208). ↩
  25. Ex. FED-020; TSA Security Directive SD 1582/84-21-01 (Jan. 31, 2021; effective 11:59 p.m. Feb. 1, 2021) (Ex. FED-050); SD 1544-21-02 (Ex. FED-053) ("The aircraft operator must not board any person who is" not masked, subject to exceptions); SD 1542-21-01 (Ex. FED-054) (the quoted airport-operator duty); EA 1546-21-01 (Ex. FED-055); Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment, 86 Fed. Reg. 26825 (May 18, 2021) (ratification executed Apr. 20, 2021) (Ex. FED-056); FRA, Emergency Order No. 32, 86 Fed. Reg. 11888 (Mar. 1, 2021) (Ex. AGY-AVIATION-SURFACE-014) ("Railroad carriers must require their personnel to wear a mask in compliance with the CDC Order"; civil penalty "of up to $118,826 for each day the violation continues"). ↩
  26. Ex. FED-032; Department of Transportation, Order 2021-4-13, Docket DOT-OST-2020-0037 (Apr. 29, 2021; effective May 14, 2021; to Sept. 30, 2021) (Ex. AGY-AVIATION-SURFACE-035); Order 2021-1-5 (Jan. 15, 2021) (Ex. AGY-AVIATION-SURFACE-033) (to Mar. 31, 2021); Coast Guard MSIB 02-21 (Feb. 1, 2021) (Ex. AGY-USCG-PORTS-031 (context)); Change 1 (Mar. 22, 2021) (Ex. AGY-USCG-PORTS-033 (context)). ↩
  27. OSHA, DIR 2021-01 (CPL-03), National Emphasis Program - Coronavirus Disease 2019 (Mar. 12, 2021) (Ex. FED-082); DIR 2021-03 (CPL 03) (July 7, 2021) (Ex. FED-083); Occupational Exposure to COVID-19; Emergency Temporary Standard, 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 (CPL 02) (June 28, 2021) (Ex. FED-081). ↩
  28. Ex. FED-023 (Jan. 29, 2021); Ex. FED-024 (Mar. 29, 2021); Ex. FED-025 (June 24, 2021; to July 31, 2021). ↩
  29. Ex. FED-020 ("until further notice"; in force on every day of the quarter); SD 1582/84-21-01A (announced Apr. 30, 2021; the directive's face states its effective date, May 12, 2021, and its expiration, Sept. 13, 2021) (Ex. FED-051); SD 1582/84-21-01B (announced Aug. 20, 2021; the directive's face states only its effective date, Sept. 14, 2021, and its expiration, Jan. 18, 2022) (Ex. FED-052) ("The requirements in this SD must be applied to all persons in or on one of the conveyances or a transportation facility used by one of the modes identified above, including those already vaccinated."); the aircraft and airport directives' successors -02A/-01A (to Sept. 13, 2021) and -02B/-01B (to Jan. 18, 2022) (Ex. FED-053; Ex. FED-054); Ex. AGY-AVIATION-SURFACE-014; Coast Guard MSIB 02-21 (Change 2) (June 11, 2021) (Ex. AGY-USCG-PORTS-037 (context)) ("Conveyance operators must continue to require all persons onboard to wear masks when boarding, disembarking, and for the duration of travel"; "Operators of transportation hubs must require all persons to wear a mask when entering or while" within the hub); (Change 3) (Sept. 2, 2021) (Ex. AGY-USCG-PORTS-038 (context)). ↩
  30. Ex. FED-207; Ex. FED-208; Ex. FED-042; the Canada notifications published June 23, July 22, Aug. 23 and Sept. 22, 2021, effective June 22 to July 21, July 22 to Aug. 21, Aug. 22 to Sept. 21 and Sept. 22 to Oct. 21, 2021 (Ex. FED-232; Ex. FED-233; Ex. FED-234; Ex. FED-235) and the Mexico notifications of the same dates (Ex. FED-255; Ex. FED-256; Ex. FED-257; Ex. FED-258); Notification of Oct. 15, 2021, 86 Fed. Reg. 58218 (Oct. 21, 2021) (Ex. FED-236) (effective Oct. 22, 2021; "the Secretary intends to lift these limitations for individuals who are fully vaccinated for COVID-19"); the parallel Mexico notification (Ex. FED-259). ↩
  31. Ex. FED-031; Ex. FED-032; Florida v. Becerra, No. 8:21-cv-839 (M.D. Fla. June 18, 2021) (order granting preliminary injunction; effective as to Florida ports July 18, 2021, stayed to July 23, 2021); Norwegian Cruise Line Holdings Ltd. v. State Surgeon Gen., Fla. Dep't of Health, 50 F.4th 1126 (11th Cir. 2022) (Fla. Stat. § 381.00316 effective July 1, 2021); Ex. FED-033 (Oct. 25, 2021; to Jan. 15, 2022); Coast Guard MSIB 02-20 (Change 7) (May 5, 2021) (Ex. AGY-USCG-PORTS-035 (context)) (current bulletin through Sept. 30, 2021). ↩
  32. CDC, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038). ↩
  33. Ex. FED-025; CDC, Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission (Aug. 3, 2021) (Ex. FED-026). ↩
  34. Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Agency Model Safety Principles (July 29, 2021) (Ex. FED-272); Certification of Vaccination form (Aug. 6, 2021) (Ex. FED-278); Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 14, 2021) (Ex. FED-063); Executive Order 14043, 86 Fed. Reg. 50989 (Ex. FED-064) ("Each agency shall implement ... a program to require COVID-19 vaccination for all of its Federal employees"); Determination of the Promotion of Economy and Efficiency in Federal Contracting (Sept. 24, 2021) (Ex. FED-275); DOT Acquisition Directive 2021-02 (Sept. 17, 2021) (Ex. AGY-AVIATION-SURFACE-040) ("This DAD is effective immediately"); Memorandum of Aug. 17, 2021, 86 Fed. Reg. 46759 (Ex. FED-009). ↩
  35. Ex. AGY-AVIATION-SURFACE-035 (to Sept. 30, 2021). ↩
  36. Ex. FED-016. ↩
  37. The State-by-State instruments are those cited in the regional paragraphs below and in the State table on this page; the lodging closures and bans: Ex. ME-013; Ex. VT-010; Ex. VT-012; Ex. NH-013; Ex. DE-013; Ex. CT-013; Ex. SC-012; Ex. FL-020 and Ex. FL-021 (extending EO 20-87 of Mar. 27, 2020); Ex. GA-014; Ex. MI-017; Ex. MI-020; Ex. AR-003 and Ex. AR-041; Ex. ID-004; the resort counties, Ex. MET-RIV-005, Ex. MET-RIV-021, Ex. MET-SAC-039, Ex. MET-SAC-051, Ex. CO-079, Ex. CO-089 and Ex. UT-056 (reciting the Southeast Utah Health Department order of Mar. 17, 2020); the Virgin Islands, Ex. AGY-TERRITORIES-041 and Ex. AGY-TERRITORIES-052. ↩
  38. Ex. NM-005; Ex. NM-006; Ex. NM-010; Ex. NM-021; Ex. NM-030; Ex. NM-033; Ex. NM-039; Ex. NM-041 (New Mexico's lodging caps); Ex. MA-040; Ex. MA-043; Ex. MA-044 (Massachusetts 25 and 40 percent); Ex. NH-058 (New Hampshire 50 percent); Ex. CT-084; Ex. CT-095 (Connecticut Sector Rules); Ex. ME-026 (Maine certificate at check-in); Ex. MET-NYC-009 (New York City traveler form); Ex. PA-021 (Pennsylvania); Ex. AGY-ST-GAMING-RACING-030 (Massachusetts casino requirements); Ex. AGY-ST-GAMING-RACING-043 (Mississippi 50 percent); Ex. AGY-ST-GAMING-RACING-081 (Detroit 15 percent). ↩
  39. Ex. IL-031 (Tier 3); Ex. WA-047 ¶ 6 (venue meetings and events prohibited from Nov. 17, 2020); Ex. MI-060 (MDHHS Nov. 18, 2020 order; confirmed from a secondary source; its terms recited in the Dec. 7, 2020 successor order); Ex. NV-030 (Statewide Pause) and Ex. NV-050 (GCB Notice 2020-108); Ex. MA-040; Ex. NM-039 ¶ 6; Ex. PA-021; Ex. CA-020 (Regional Stay at Home Order, Dec. 3, 2020) with Ex. MET-LA-012, Ex. MET-SAN-017, Ex. MET-SAC-012 and Ex. MET-SFO-013; Ex. OR-035 (county tier framework); Ex. CO-035 (EO D 2020 235, Oct. 30, 2020, the Dial framework), Ex. CO-036 and Ex. CO-081 (PHO 20-36 as amended Nov. 17 and Nov. 20, 2020, moving the metro counties to Level Red); Ex. MN-032 and EO 20-103 (Dec. 16, 2020) (Ex. MN-033) (Dial Back); Ex. OH-038 (Ohio gatherings order of Nov. 17, 2020); Ex. KY-033 (25 per room, Nov. 20 to Dec. 13, 2020). ↩
  40. The transition dates are those of the instruments cited in the State table on this page: e.g., Ex. IA-035 (Feb. 7, 2021); Ex. TX-029 (GA-34, Mar. 2, 2021; effective Mar. 10, 2021); Ex. AZ-037 (Mar. 25, 2021); Ex. AL-049 (Apr. 9, 2021); Ex. CO-051 (Apr. 16, 2021); Ex. UT-040 (Apr. 10, 2021); Ex. WV-063 (Apr. 20, 2021); Ex. MD-095 (May 15, 2021); Ex. NE-095 (DHHS Weekly Update of May 26, 2021, recording the expiry of the last statewide directed health measure on May 24, 2021); Ex. CT-046 (May 20, 2021); Ex. RI-040 (May 21, 2021); Ex. NJ-050 (May 28 and June 4, 2021); Ex. MA-048 (May 29, 2021); Ex. KY-049 (June 11, 2021); Ex. PA-036 (May 31, 2021) and Ex. PA-100 (June 28, 2021); Ex. IL-037 (June 11, 2021); Ex. VT-078 and Ex. VT-098 (June 14, 2021; Ex. VT-098 confirmed from a secondary source); Ex. CA-027 and Ex. CA-029 (June 15, 2021); Ex. NY-057 (June 15, 2021) and Ex. NY-049 (June 24, 2021); Ex. NC-029 (May 14, 2021) and Ex. NC-030 (July 30, 2021); Ex. MI-076 (June 22, 2021); Ex. OR-043 (June 30, 2021); Ex. WA-072 (July 1, 2021); Ex. NM-060 (July 1, 2021); Ex. HI-054 (Dec. 1, 2021, confirmed from a secondary source) and Ex. HI-055 (the quarantine and mask requirements ended Mar. 26, 2022, confirmed from a secondary source). ↩
  41. Ex. FL-030 (Ch. 2021-8, § 18, creating Fla. Stat. § 381.00316; DOH fine up to $5,000 per violation); Ex. FL-060 (EO 21-102, May 3, 2021, suspending remaining local mandates); Ex. FL-047 (EO 20-244, Sept. 25, 2020); Ex. TX-036 (GA-38, July 29, 2021); Ex. TX-032 (SB 968, June 16, 2021); Ex. GA-043 (EO 08.19.21.03, Aug. 19, 2021); Ex. AZ-044 (EO 2021-16, July 2, 2021); Ex. IA-046 and Ex. IA-047 (HF 847 and HF 889); Ex. MET-HOU-038 and Ex. MET-SAT-066 (the county school directives litigated under GA-38). ↩
  42. Ex. ME-013 § I(1), (5), § III (Class E crime); Ex. ME-021 (EO 49, extension to May 31, 2020; face coverings); Ex. ME-025 (EO 55 FY 19/20, May 29, 2020; effective May 31, 2020; Stage 2 lodging for residents and exempt-State visitors from June 1, 2020; travel measures "until further notice"); Ex. ME-026 (EO 57, June 9, 2020; § II certificate "as a prerequisite to check-in" from July 1, 2020; the test-or-quarantine requirement lifted administratively May 1, 2021; expired June 30, 2021); Ex. ME-086 (DECD Lodging checklist, Keep Maine Healthy requirements from July 1, 2020); Ex. ME-044 (EO 18 FY 20/21, Dec. 9, 2020); Ex. ME-053 (EO 35 FY 20/21, Mar. 5, 2021); Ex. ME-060 (EO 40, June 30, 2021). ↩
  43. Ex. VT-010 (Addendum 6, ¶ 6(l), Mar. 24, 2020); Ex. VT-012 (Addendum 7, Mar. 30, 2020) ("On-line reservations shall be suspended and lodging providers shall post a prominent notice on their web platforms"); Ex. VT-014 (Addendum 9, Apr. 10, 2020); Ex. VT-021 (Addendum 14, May 15/22, 2020); Ex. VT-024 (Addendum 17, June 5/8, 2020); Ex. VT-025 § 7(i) (June 15, 2020); Ex. VT-080 (universal quarantine Nov. 10, 2020); Ex. VT-034 (Addendum 8 of Nov. 14, 2020: multi-household gatherings suspended, bars closed); Ex. VT-082 (vaccinated exempt Feb. 23, 2021); Ex. VT-086 (May 14, 2021); Ex. VT-078 and Ex. VT-098 (June 14, 2021; Ex. VT-098 confirmed from a secondary source). ↩
  44. Ex. NH-013 (Emergency Order #27, Apr. 6, 2020) (¶ 5: "On-line reservations shall be suspended"); Ex. NH-019 (EO #49, extension to June 15, 2020); Ex. NH-021 (EO #52, terminating #27 June 16, 2020; guidance mandatory); Ex. NH-058 (Lodging Reopening Guidance, June 5, 2020); Ex. NH-027 (Emergency Order #72, Nov. 14, 2020) ("all New Hampshire residents and travelers/visitors to the State of New Hampshire must comply with the travel guidance documents"); Ex. NH-038 (Emergency Order #90, Apr. 16, 2021; guidance mandatory through May 7, 2021). ↩
  45. Ex. MA-003 (gathering orders); Ex. MA-019 (Order No. 37 and Schedule A, June 6, 2020: "no events, functions, or meetings"); Ex. MA-025 (Order No. 45, July 24, 2020; effective 12:01 a.m. Aug. 1, 2020) ("all persons arriving in Massachusetts by any means or mode must quarantine for 14 days"; "civil fine of up to $500 per violation"; each day a separate violation); Ex. MA-040 (Order No. 59, Dec. 22, 2020; effective Dec. 26, 2020); Ex. MA-043 (Order No. 63, Feb. 4, 2021; 40 percent from 5:01 a.m. Feb. 8, 2021 to 12:01 a.m. May 29, 2021); Ex. MA-044 (Order No. 65, Feb. 25, 2021; effective Mar. 1, 2021); Ex. MA-045 (Order No. 66, Mar. 18, 2021; § 4 rescinding Order No. 45 at 12:01 a.m. Mar. 22, 2021); Ex. MA-048 (Order No. 69, May 28, 2021; rescissions effective 12:01 a.m. May 29, 2021). ↩
  46. Ex. CT-013 (EO 7T, Apr. 2, 2020; "The provision of lodging shall be permitted only when offered and employed for the following uses"); Ex. CT-021 (EO 7ZZ, June 16, 2020; Sector Rules "legally binding and enforceable"); Ex. CT-084; Ex. CT-095; Ex. CT-022 (EO 7BBB, June 24, 2020); Ex. CT-023 (EO 7III, July 21, 2020; effective July 24) ("All Affected Travelers shall self-quarantine for a period of fourteen days"; civil penalty up to $1,000); Ex. CT-028 (EO 9B, Sept. 15, 2020); Ex. CT-034 (EO 9S, Dec. 18, 2020: ten-day quarantine from every State except NY, NJ and RI); Ex. CT-037 (EO 10D, Mar. 18, 2021; repeal effective Mar. 19, 2021); Ex. CT-046 (EO 12B, May 20, 2021). ↩
  47. Ex. NY-006 (EO 205, June 24, 2020; effective 12:01 a.m. June 25, 2020) (also indexed as Ex. ECO-C-001); Ex. NY-046 (EO 205.1) (also Ex. ECO-C-002); Ex. NY-047 (EO 205.2); Ex. NY-048 (EO 205.3); Ex. NY-077 (DOH interim guidance); Ex. NY-049 (EO 210, June 24, 2021); Ex. NY-010 (EO 202.3, casinos closed 8:00 p.m. Mar. 16, 2020); Ex. NY-035 (EO 202.60, casinos at 25 percent Sept. 9, 2020); Ex. NY-031 (EO 202.45); Ex. NY-037 (EO 202.74); Ex. NY-103 (SLA guidance); Ex. NY-054 (EO 202.108); Ex. NY-057 (EO 202.111). ↩
  48. Ex. NJ-002 (EO 104, Mar. 16, 2020, ¶ 7: "Casino gaming floors, including retail sports wagering lounges, and casino concert and entertainment venues" closed at 8:00 p.m.); Ex. NJ-004 (EO 107); Ex. NJ-026 (EO 157, June 26, 2020; casinos from 6:00 a.m. July 2, 2020 at 25 percent; ¶ 8(a) gyms closed); Ex. AGY-ST-GAMING-RACING-080 (DGE suspension order); Ex. AGY-ST-GAMING-RACING-018; Ex. AGY-ST-GAMING-RACING-019; Ex. NJ-073 (DOH Executive Directive 20-024, July 9, 2020); Ex. NJ-037 (EO 194, Nov. 10, 2020; 10:00 p.m. closing from Nov. 12, 2020) and Ex. NJ-039 (EO 196, Nov. 16, 2020; indoor gatherings capped at 10 from 6:00 a.m. Nov. 17, 2020); Ex. NJ-042; Ex. NJ-044; Ex. NJ-047 (250 commercial May 19, 2021); Ex. NJ-050 (EO 242, ¶ 16, June 4, 2021). ↩
  49. Ex. PA-004 (Industry Operation Guidance, Mar. 19, 2020) ("Traveler Accommodation ... No"); Ex. PA-005 and Ex. PA-006 (stay-at-home orders); Ex. AGY-ST-GAMING-RACING-026 (the Board's announcement that casinos would conclude gaming by 6:00 a.m. Mar. 17, 2020 under the Governor's closure order; context); Ex. AGY-ST-GAMING-RACING-025 (Casino Reopening Protocols, May 19, 2020); Ex. PA-016 (25 indoor/250 outdoor, July 15, 2020); Ex. PA-019 (occupancy tiers, Oct. 2020); Ex. PA-022 (Nov. 23, 2020); Ex. PA-028 (Limited-Time Mitigation, Dec. 12, 2020 to Jan. 4, 2021); Ex. PA-021 (Travel Mitigation Order, Nov. 17, 2020; effective Nov. 20) ("must produce evidence of a negative SARS-CoV2 (COVID-19) test from a specimen collected within 72 hours prior to entering the Commonwealth, or quarantine for 14 days upon entering"); Ex. PA-070 (the Governor's companion order); the amendment of Dec. 9, 2020 reducing the quarantine to ten days (confirmed from a secondary source); Ex. PA-032 (termination Mar. 1, 2021); Ex. PA-036 (orders expired May 31, 2021); Ex. PA-100 (masks to June 28, 2021). ↩
  50. Ex. RI-007 (EO 20-10, Mar. 24, 2020); Ex. RI-009 and Ex. RI-010 (EO 20-13 and 20-14, Mar. 28, 2020); Ex. RI-019 (Phase II); Ex. RI-021 (Phase III; catered events 50/100); Ex. RI-024 (EO 20-71, Sept. 3, 2020); Ex. RI-036 (EO 21-26); Ex. RI-040 (Reopening Order, May 21, 2021); Ex. RI-043 (EO 21-68, June 18, 2021: ten-day quarantine of international arrivals and non-work arrivals from high-spread locations, to July 17, 2021 by its terms); Ex. RI-047 (EO 21-76, July 6, 2021, terminating EO 21-68); 216-RICR-50-15-7 (emergency amendment of Nov. 9, 2020, Ex. RI-070; emergency amendment of June 18, 2021, in force to Aug. 31, 2021, Ex. RI-071). ↩
  51. Ex. DE-010 (Seventh Modification, Mar. 29, 2020) ("Any individual who enters Delaware from another state, and who is not merely passing through, must immediately self-quarantine for fourteen (14) days"); Ex. DE-006 (Fifth Modification: "All travel ... except Essential Travel" prohibited); Ex. DE-013 (Tenth Modification, ¶ 1.f "Casinos and racetracks" among Non-Essential Businesses; ¶ 3.a Commercial Lodging); Ex. DE-024 (Twentieth Modification, § B.1; § D.k hotel common areas at 30 percent); Ex. DE-031 (Omnibus Modification, Sept. 3, 2020); Ex. DE-032 (Third Revision, Nov. 20, 2020); Ex. DE-040 (termination of the State of Emergency, July 12, 2021, effective 12:01 a.m. July 13, 2021); Ex. DE-041 (Declaration of a Public Health Emergency, July 12, 2021). ↩
  52. Ex. DC-005 (Mayor's Order 2020-053, Mar. 24, 2020, § IV.1.l) (hotels' "conference facilities, ballrooms, and dining-in facilities of their restaurants ... are non-essential"); Ex. DC-006 (stay-at-home, Apr. 1, 2020); Ex. DC-008 (hotel employees masked from Apr. 17, 2020); Ex. DC-079 (hotel pools closed, MO 2020-075 § XI.5.d); Ex. DC-016 (MO 2021-038); Ex. DC-081 (Mayor's Order 2020-081, July 24, 2020; effective 12:01 a.m. July 27, 2020) ("must self-quarantine for fourteen (14) days following their return or arrival to the District"); Ex. DC-012 (MO 2020-110, testing from Nov. 9, 2020); Ex. DC-073 (Mayor's COVID-19 Situational Update of May 17, 2021, announcing the lifting of capacity limits on May 21 and June 11, 2021 under Mayor's Order 2021-069, which is not separately retrieved); Ex. DC-057 (Mayor's Order 2021-097, July 29, 2021; effective 5:00 a.m. July 31, 2021) ("All persons must wear masks indoors"). ↩
  53. Ex. MD-035 (casinos, racetracks and simulcast facilities closed 12:01 a.m. Mar. 16, 2020); Ex. MD-013 (rescinded 5:00 p.m. June 19, 2020 at 50 percent); Ex. MD-046 (MDH Directive 2020-06-12-01) ("Convention events are prohibited until further notice"); Ex. MD-026 (Mar. 12, 2021); Ex. MD-095 (May 15, 2021); Ex. MD-023 (Order 20-12-17-01, Dec. 17, 2020) and Ex. MD-050 (MDH Travel Order, Dec. 17, 2020 to Jan. 31, 2021); Ex. MD-006 (Interpretive Guidance COVID19-04: lodging critical infrastructure); Ex. MD-007 (stay-at-home, Mar. 30, 2020). ↩
  54. Ex. VA-006 (EO 55, ¶ 4, Mar. 30, 2020; effective Apr. 1, 2020) ("cessation of all reservations for overnight stays of less than 14 nights at all privately-owned campgrounds"); Ex. VA-014 (EO 67, July 1, 2020, 250); Ex. VA-019 (Phase Two); Ex. VA-017 and Ex. VA-029 (EO 79, termination May 28, 2021). ↩
  55. Ex. FL-011 (EO 20-80, Mar. 23, 2020); Ex. FL-012 (EO 20-82, Mar. 24, 2020) ("I hereby direct all persons who enter the State of Florida from an area with substantial community spread, to include the New York Tri-State Area (Connecticut, New Jersey and New York), to isolate or quarantine for a period of 14 days"); Ex. FL-015 (EO 20-86, Mar. 27, 2020; Louisiana; I-10 and I-95 checkpoints); EO 20-87 (Mar. 27, 2020; effective Mar. 28, 2020), its text recited by its extensions; Ex. FL-020 (EO 20-103, Apr. 10, 2020: "I hereby extend Executive Order 20-87 until April 30, 2020"); Ex. FL-021 (EO 20-111, Apr. 29, 2020: to 12:01 a.m. May 4, 2020); Ex. FL-022 (EO 20-112 § 3.D: "The prohibition on vacation rentals in Executive Order 20-87 remains in effect for the duration of this order"); Ex. FL-027 (EO 20-123 § 4, county-plan reopening from May 18, 2020); Ex. FL-008 (EO 20-71, Mar. 20, 2020, gyms); Ex. FL-036 (DBPR Emergency Order 2020-09, June 26, 2020); DBPR Emergency Order 2020-10 (Sept. 10, 2020; effective Sept. 14, 2020) (confirmed from a secondary source); Ex. FL-034 (EO 20-139, Phase 2, June 3, 2020); Ex. FL-042 (EO 20-192, Aug. 5, 2020, rescinding the isolation orders); Ex. FL-047 (EO 20-244, Sept. 25, 2020); Ex. FL-060 (EO 21-102, May 3, 2021); Ex. FL-030 (Ch. 2021-8, effective July 1, 2021). ↩
  56. Ex. GA-014 (EO 04.08.20.04, Apr. 8, 2020; effective 12:00 a.m. Apr. 9, 2020) ("no Vacation Rental shall occur in the State of Georgia for a period beginning at 12:00 A.M. on Thursday, April 9, 2020, and extending twenty-one (21) days until Thursday, April 30, 2020"); Ex. GA-018 (EO 04.23.20.02); Ex. GA-019 (EO 04.27.20.01); Ex. GA-010 (shelter in place Apr. 3-30, 2020); Ex. GA-024 and Ex. GA-025 (convention rules); Ex. GA-034 (gatherings of 50 without distancing prohibited to Apr. 8, 2021); Ex. GA-043 (EO 08.19.21.03, Aug. 19, 2021). ↩
  57. Ex. SC-007 (EO 2020-14, Mar. 27, 2020); Ex. SC-012 (EO 2020-19, § 1(B), Apr. 3, 2020; effective 5:00 p.m.) ("any and all individuals, entities, or establishments engaged in the provision of short-term rentals, vacation rentals, or other lodging accommodations or operations in exchange for consideration (collectively 'Lodging') ... are prohibited from making or accepting new reservations or bookings from or for individuals residing in or travelling from" CDC-identified areas); Ex. SC-017 (EO 2020-30, May 1, 2020); Ex. SC-003 (EO 2020-10, Mar. 17, 2020); Ex. SC-013 (Home or Work Order, Apr. 7 to May 4, 2020); Ex. SC-027 (EO 2020-50, Aug. 3, 2020). ↩
  58. Ex. NC-005 (EO 121, § 2(C)(28), Mar. 27, 2020); Ex. NC-002 (EO 117); Ex. NC-023 (EO 181, Modified Stay at Home, Dec. 11, 2020 to Feb. 26, 2021); Ex. NC-029 (EO 215, May 14, 2021); Ex. NC-030 (EO 220, face coverings to July 30, 2021). ↩
  59. Ex. TN-007 (EO 22, Attachment A ¶ 26, Mar. 31, 2020); Ex. TN-076 (Sumner County, Mar. 24, 2020: hotels and short-term rentals to "cease entertainment or dine-in services"); Ex. TN-062 (Tennessee Pledge: Lodging & Accommodations); Ex. TN-053 (the general Pledge to Apr. 28, 2021). ↩
  60. Ex. KY-011 (EO 2020-258, Mar. 30, 2020) ("Residents of the Commonwealth of Kentucky are instructed not to travel into any other state" except for enumerated purposes; returning residents "must, upon their return to the Commonwealth of Kentucky, self-quarantine for 14 days"); Ex. KY-013 (EO 2020-266, Apr. 2, 2020); Ex. KY-016 (EO 2020-315, May 6, 2020); Ex. KY-010 (EO 2020-257 ¶ 1(r), Mar. 25, 2020); Ex. KY-021 (June 29, 2020 requirements); Ex. KY-033 (Nov. 20 to Dec. 13, 2020); Ex. KY-024 (DPH travel advisory, July 20, 2020); Ex. KY-049 (EO 2021-386, June 11, 2021). ↩
  61. Ex. WV-002 (EO 2-20, Mar. 18, 2020); Ex. WV-008 (EO 8-20, Mar. 20, 2020, State park lodges); Ex. WV-009 (EO 9-20 § 3(w), Mar. 23, 2020); Ex. WV-012 (EO 14-20, Mar. 30, 2020; effective Mar. 31) (fourteen-day isolation on entry for travelers "from areas with substantial community spread of COVID-19, including without limitation Louisiana, New York, New Jersey, Connecticut, Italy, and China"); Ex. WV-013 (EO 15-20, campgrounds closed to out-of-State arrivals Apr. 1, 2020); Ex. WV-033 (EO 39-20 ¶ 4, termination May 21, 2020); Ex. WV-036 (EO 42-20, casinos reopened June 5, 2020); Ex. WV-038 (EO 44-20, June 10, 2020); Ex. WV-043 (EO 52-20, July 13, 2020); Ex. WV-063 (EO 12-21, Apr. 20, 2021). ↩
  62. Ex. AGY-ST-GAMING-RACING-050 (LGCB-5531-20, Mar. 16, 2020) ("all gaming operations conducted at the land-based casino, all licensed riverboat casinos, and all slots at the track licensed facilities shall, until further order, cease"); Ex. AGY-ST-GAMING-RACING-051 (video poker devices disabled); Ex. AGY-ST-GAMING-RACING-058 and Ex. AGY-ST-GAMING-RACING-060 (reopening May 18 and June 5, 2020); Ex. AGY-ST-GAMING-RACING-063 (Nov. 25, 2020); Ex. AGY-ST-GAMING-RACING-069 (Phase III, Mar. 5, 2021); Ex. AGY-ST-GAMING-RACING-073 (Order No. 23, Apr. 1, 2021: numerical occupancy and device caps removed); Ex. AGY-ST-GAMING-RACING-074 (Order No. 24, Apr. 29, 2021); Ex. AGY-ST-GAMING-RACING-076 (Order No. 27, Aug. 4, 2021); Ex. AGY-ST-GAMING-RACING-078 (Order No. 29, Sept. 22, 2021); Ex. LA-003 (30 JBE 2020 § 3, Mar. 17, 2020: hotel restaurants room service only); Ex. LA-018 (117 JBE 2020); Ex. LA-023 (168 JBE 2020); Ex. LA-028 (29 JBE 2021, Mar. 2, 2021: conventions at 50 percent with a State Fire Marshal-approved plan); Ex. LA-029 (66 JBE 2021); Ex. LA-030 (79 JBE 2021); Ex. LA-032 (93 JBE 2021, May 25, 2021); Ex. LA-036 (137 JBE 2021, Aug. 2, 2021; effective Aug. 4) ("All individuals in the State of Louisiana shall be required to wear a face covering over the nose and mouth when indoors in any place outside of a private residence"); Ex. LA-038 (167 JBE 2021, Aug. 31, 2021); Ex. LA-040 (181 JBE 2021, Sept. 28, 2021; to Oct. 27, 2021); Ex. LA-042 (203 JBE 2021). ↩
  63. Ex. TX-006 (GA-11, Mar. 26, 2020; effective noon Mar. 28, 2020) ("Every person who enters the State of Texas as the final destination through an airport, from a point of origin or point of last departure in New York, New Jersey, Connecticut, or the City of New Orleans ... shall be subject to mandatory self-quarantine for a period of 14 days"; "A covered person shall remain in the designated quarantine location"; fine up to $1,000, confinement up to 180 days); Ex. TX-007 (GA-12, Mar. 29, 2020, roadways from Louisiana; DPS checkpoints); Ex. TX-013 (GA-20, May 1, 2020); Ex. TX-017 (GA-24, May 21, 2020); Ex. TX-008 (GA-14, Mar. 31, 2020; effective Apr. 2, 2020); Ex. TX-010 (GA-16, Apr. 17, 2020); Ex. TX-011 (GA-18, Apr. 27, 2020, para. 2(i): valet prohibited); Ex. TX-021 (GA-28, June 26, 2020: bars closed; 50 percent); Ex. TX-029 (GA-34, Mar. 2, 2021; effective Mar. 10, 2021); Ex. TX-036 (GA-38, July 29, 2021); Ex. TX-032 (SB 968); the 25, 50 and 75 percent regime of GA-18 through GA-32. ↩
  64. Ex. AGY-ST-GAMING-RACING-048 (Mississippi: "All Mississippi Licensed Casinos will close at midnight tonight, March 16, 2020"); Ex. AGY-ST-GAMING-RACING-043 (Industry Letter 2020-01, May 15, 2020; reopening 8:00 a.m. May 21, 2020 at 50 percent); Ex. AGY-ST-GAMING-RACING-045; Ex. AGY-ST-GAMING-RACING-047; Ex. AGY-ST-GAMING-RACING-049 (context); Ex. MS-009 (Shelter in Place, Apr. 3-27, 2020); Ex. MS-022; Ex. MS-039; Ex. AL-013 (Stay at Home, Apr. 4-30, 2020; "hotels and commercial lodging services, and RV parks" essential); Ex. AL-017; Ex. AL-049 (Apr. 9, 2021); Ex. AR-003 (EO 20-13 ¶ 4, Apr. 4, 2020; effective Apr. 6) and Ex. AR-041 (ADH Business Limitations Directive: lodging "shall only permit occupancy for the following authorized guests"); Ex. AR-042 and Ex. AR-043 (casinos closed from noon Mar. 17, 2020); Ex. AR-049 (reopening May 18, 2020); Ex. AR-050 (Phase 2, June 15, 2020: lodging "no longer limited as to the type of guests"); Ex. OK-010 (Sixth Amended EO 2020-07 ¶ 26, Mar. 29, 2020); Ex. OK-011 (Seventh Amended EO 2020-07, Apr. 1, 2020); Ex. OK-013; Ex. OK-025 (Sixth Amended EO 2020-13, May 12, 2020); Ex. OK-033 and Ex. OK-034 (Nov.-Dec. 2020); Ex. OK-041 (May 4, 2021). ↩
  65. Ex. IL-059 (Mar. 13, 2020) ("their facilities must suspend gambling operations for 14 days beginning Monday March 16, 2020"); Ex. IL-052 (Special Notice); Ex. IL-060 (video gaming, confirmed from a secondary source); Ex. IL-061 (Mar. 20, 2020 extension); Ex. IL-005 (EO 2020-10 ¶ 12(v), Mar. 20, 2020: hotels "to the extent used for lodging and delivery or carry-out food services"); Ex. IL-004 (EO 2020-07); Ex. IL-019 (EO 2020-43, Phase 4, June 26, 2020: gatherings of 50; 50 percent meeting cap); Ex. IL-022 through Ex. IL-028 (regional mitigations, Aug.-Oct. 2020); Ex. IL-031 (EO 2020-73, Tier 3, Nov. 18, 2020; effective Nov. 20) (quoted in the text); Ex. IL-036 and Ex. IL-054 (Bridge Phase, May 14, 2021); Ex. IL-037 (Phase 5, June 11, 2021); Ex. IL-042 (EO 2021-20, Aug. 26, 2021; face coverings from Aug. 30, 2021). ↩
  66. Ex. MI-005 (EO 2020-9, Mar. 16, 2020, 3:00 p.m.: places of public accommodation, including casinos, closed); Ex. MI-011 (EO 2020-21, Mar. 23, 2020; effective Mar. 24, 2020); Ex. MI-017 (EO 2020-42, Apr. 9, 2020, §§ 7, 9(h), 12) (quoted in the text); Ex. MI-020 (EO 2020-59, Apr. 24, 2020, §§ 7, 13, 15); 2020 PA 238, COVID-19 Employment Rights Act (Oct. 22, 2020) (Ex. MI-057); Ex. MI-060 (MDHHS Nov. 18, 2020 order; confirmed from a secondary source; its terms recited in the Dec. 7, 2020 successor order); Ex. MI-062 (MDHHS Dec. 18, 2020 order); Ex. MI-066 (MDHHS Mar. 2, 2021 order); Ex. MI-073 (MDHHS order of May 24, 2021, effective June 1, 2021; confirmed from a secondary source) and Ex. MI-076 (rescission June 22, 2021); Ex. AGY-ST-GAMING-RACING-081 (Minimum Guidelines for Detroit Commercial Casinos, June 8, 2020: 15 percent of legal capacity; every patron masked continuously); Ex. AGY-ST-GAMING-RACING-082 (context) and Ex. AGY-ST-GAMING-RACING-083 (the Board's announcements, context); Ex. MET-DET-001 (Detroit Health Department order, Oct. 9, 2020). ↩
  67. Ex. OH-011 (Stay At Home Order ¶ 12(x), Mar. 22, 2020); Ex. OH-004 (dine-in closure, Mar. 15, 2020); the Ohio Casino Control Commission's closure of Mar. 13-14, 2020 (confirmed from a secondary source); Ex. AGY-ST-GAMING-RACING-087 (Responsible RestartOhio: Casinos and Racinos, June 8, 2020; effective June 19, 2020) ("Continue work at home for those employees able to fully perform their job duties remotely"; "Businesses must require all employees to wear facial coverings"); Ex. AGY-ST-GAMING-RACING-088; Ex. OH-034; Ex. OH-035; Ex. OH-038; Ex. OH-044; Ex. OH-077 (Dine Safe Ohio banquet and catering rules). ↩
  68. Ex. IN-083 (IGC closure from 6:00 a.m. Mar. 16, 2020, confirmed from a secondary source); Ex. IN-084 (IGC Phase One guidelines; reopening June 15, 2020 on plan approval); Ex. IN-006 (EO 20-08 ¶ 14.w, Mar. 23, 2020); Ex. IN-016 (EO 20-18 ¶ 5, campgrounds closed 11:59 p.m. Apr. 7, 2020); Ex. IN-033 (EO 20-35 ¶ 4, conventions capped at 250); Ex. IN-046; Ex. IN-053; Ex. IN-056 (county caps Nov. 15, 2020 to Apr. 5, 2021); Ex. IN-059 (Apr. 6, 2021); Ex. IN-066 (EO 21-17, June 30, 2021). ↩
  69. Ex. MN-010 (EO 20-20 ¶¶ 2, 6.z); Ex. MN-014 (EO 20-38 ¶ 1, Apr. 18, 2020); Ex. MN-022; Ex. MN-032 and EO 20-103 (Dec. 16, 2020) (Ex. MN-033) (Dial Back, Nov. 20, 2020 to Jan. 10, 2021); Ex. MN-037 (EO 21-11); Ex. WI-002 (Emergency Order #12, § 13, § 5, Mar. 24, 2020; effective 8:00 a.m. Mar. 25) ("Close swimming pools, hot tubs, and exercise facilities"; "All forms of travel are prohibited, except for Essential Travel"); Ex. WI-003 (Emergency Order #28); Ex. WI-007 (Wisconsin Legislature v. Palm, 2020 WI 42, May 13, 2020); Ex. WI-012 (Emergency Order #3, Oct. 8, 2020); Ex. WI-021 (Fabick v. Evers, Mar. 31, 2021); Ex. MET-MKE-022 and Ex. MET-MKE-048 (Dane County orders to June 2, 2021); Ex. MET-MKE-056 (Milwaukee); Ex. IA-002 (casinos closed from noon Mar. 17, 2020); Ex. IA-017 (May 26, 2020 proclamation; casinos June 1, 2020); Ex. IA-023 (Aug. 27, 2020, quoted in the text: "Bars located in hotels, casinos, movie theaters, or sporting venues ... must still close to the public") and Ex. IA-025 (Sept. 18, 2020 extension); Ex. IA-030 (statewide masks and caps, Nov. 17, 2020); Ex. IA-035 (Feb. 7, 2021); Ex. AGY-ST-GAMING-RACING-038 (Missouri riverboat casinos closed midnight Mar. 17, 2020) with Ex. AGY-ST-GAMING-RACING-039, Ex. AGY-ST-GAMING-RACING-040, Ex. AGY-ST-GAMING-RACING-041 and Ex. MO-026 (extensions to 11:59 p.m. May 31, 2020); Ex. MO-007 (statewide orders expired June 15, 2020); Ex. KS-053 (KDHE Travel Related Quarantine Table, Mar. 23, 2020); Ex. KS-054 (July 1, 2020); Ex. KS-055 (Jan. 5, 2021); Ex. KS-056 (June 10, 2021); Ex. KS-057 (Oct. 1, 2021 capture; list updated Sept. 23, 2021); Ex. KS-004 (EO 20-04 ¶ 2.h); Ex. KS-008 and Ex. KS-009 (stay-home, Mar. 30 to May 3, 2020); Ex. ND-014 (Confinement Order 2020-02, Mar. 28, 2020) and Ex. ND-021 (Order 2020-02.1, Apr. 8, 2020: "any person entering North Dakota from another state or country"); Ex. ND-056 (revoked Sept. 21, 2020); Ex. ND-062 (EO 2020-43, Nov. 13, 2020; effective Nov. 16, 2020; banquet venues at 25 percent); Ex. ND-041 (Smart Restart); Ex. NE-002 (DHM 2020-001, Mar. 19, 2020), Ex. NE-003 (Mar. 25, 2020), Ex. NE-004 (Mar. 27, 2020), Ex. NE-008 (statewide Apr. 3, 2020) and Ex. NE-011 (DHM 2020-010 of Apr. 9, 2020 and the Phase I directed health measures of May 4-31, 2020, carrying the ten-person prohibition of Ex. NE-002 and Ex. NE-008 to May 31, 2020); Ex. NE-013 and Ex. NE-017 (Phase II and III DHMs: "Every individual who enters the State of Nebraska as the final destination from any international point of origin ... shall home-quarantine ... for a period of no less than fourteen (14) days," June 1 to Sept. 13, 2020); Ex. NE-021; Ex. NE-028; Ex. NE-095 (DHHS Weekly Update of May 26, 2021, recording the expiry of the last statewide directed health measure on May 24, 2021); Ex. SD-039 (Sioux Falls Ord. 28-20); Ex. SD-063 (Rapid City Ord. 6412); Ex. SD-064 (Rapid City hotel-room cleaning rule, Apr. 27, 2020); Ex. SD-009 (EO 2020-12); Ex. SD-032 (DOH isolation and quarantine directives, HB 1295). ↩
  70. Ex. HI-003 (Second Supplementary Proclamation, Mar. 21, 2020; effective 12:01 a.m. Mar. 26, 2020) ("all persons entering the State of Hawai'i shall be subject to mandatory self-quarantine"; misdemeanor, fine up to $5,000, imprisonment up to one year); Ex. HI-004 (Third Supplementary Proclamation, ¶ I.A.23: hotels "to the extent used for lodging and delivery or carry-out food services"); Ex. HI-005 (Fourth Supplementary Proclamation, Mar. 31, 2020: interisland quarantine from Apr. 1, 2020); Ex. HI-010 (Ninth Supplementary Proclamation, June 10, 2020: interisland quarantine lifted June 16); the Eleventh Proclamation (Aug. 6, 2020), as reproduced in Ex. HI-057 (confirmed from a secondary source); Ex. HI-014 (Thirteenth Proclamation, Sept. 22, 2020: test exception from Oct. 15, 2020); Ex. HI-016 (statewide mask requirement from Nov. 16, 2020); Ex. HI-017 (Sixteenth Proclamation, Nov. 23, 2020: test before departure from Nov. 24, 2020); Ex. HI-018 (Seventeenth Proclamation, Dec. 16, 2020: ten days from Dec. 17, 2020); Ex. HI-020 (Nineteenth Proclamation, Apr. 9, 2021); Ex. HI-021 (Twentieth Proclamation, May 7, 2021: vaccination exception for intercounty travel from May 11, 2021); Ex. HI-023 (Twenty-First Proclamation, June 7, 2021, § III.C: hotel Health and Safety Plans; § V: intercounty quarantine "EXPIRES IN ITS ENTIRETY AT 11:59PM ON JUNE 14, 2021"); Ex. HI-031 (Order for Self-Quarantine, form revised May 25, 2021); Ex. HI-024 (Emergency Proclamation, Aug. 5, 2021); Ex. HI-025 (EO 21-05, Aug. 10, 2021); Ex. HI-029 (Delta Response Proclamation, Oct. 1, 2021, Exhibit F); Ex. HI-054 and Ex. HI-055 (confirmed from a secondary source as to the closing dates). ↩
  71. Ex. NV-003 (Directive 002, §§ 1-2); Ex. NV-048 (GCB Notice 2020-19, Mar. 17, 2020); Ex. AGY-ST-GAMING-RACING-002 (Notice 2020-23, Apr. 2, 2020); Ex. NV-009 (Directive 007, gatherings over ten prohibited Mar. 24, 2020); Ex. NV-012 (Directive 010, Stay at Home Apr. 1 to May 9, 2020); Ex. NV-017 (Directive 021, May 28, 2020; § 29 pools at 50 percent, hot tubs, saunas and spas closed; § 35 gaming from June 4, 2020); Ex. NV-049 (GCB Notice 2020-25, reopening requirements); Ex. AGY-ST-GAMING-RACING-005; Ex. AGY-ST-GAMING-RACING-006; Ex. AGY-ST-GAMING-RACING-007 (masks at tables June 17 and universally June 26, 2020); Ex. NV-022 (bars and bar-top gaming closed in seven counties July 10 to Sept. 20, 2020); Ex. NV-017 and Ex. NV-024 (Directive 021, continued by Directive 029: conventions and trade shows closed to the public through Sept. 30, 2020); Ex. NV-028 (Directive 033, signed Sept. 30, 2020; effective 12:01 a.m. Oct. 1, 2020: conventions and trade shows permitted at 250 or 50 percent under approved plans); Ex. NV-030 (Directive 035, Statewide Pause, effective 12:01 a.m. Nov. 24, 2020: "public gatherings are restricted to the lesser of 50 persons, or 25% of the listed fire code capacity"); Ex. NV-050 (GCB Notice 2020-108); Ex. NV-032 (Directive 037, Feb. 15 and Mar. 15, 2021 steps) and Ex. AGY-ST-GAMING-RACING-013; Ex. NV-038 (Directive 044, county Local Mitigation Plans May 1 to June 1, 2021) and Ex. MET-LAS-003 (Clark County plan); Ex. NV-073 (Clark County 80 percent, May 2021); SB 4, 32nd Special Session (enrolled Aug. 11, 2020) and NAC ch. 447E (Aug. 31, 2020; amended Apr. 30, 2021) (Ex. NV-054; Ex. NV-053); Ex. NV-074 (GCB Notice 2021-48, May 26, 2021: protocols rescinded from 12:00 a.m. June 1, 2021); Ex. NV-041 (Directive 047, July 27, 2021; effective 12:01 a.m. July 30, 2021); Ex. NV-051 (GCB Notice 2021-71, July 27, 2021) ("licensees in a county deemed an area of substantial or high transmission shall ensure that all employees, patrons, and guests properly utilize face coverings ... effective 12:01am on Friday, July 30, 2021"). ↩
  72. Ex. CA-002 and Ex. CA-007 (EO N-33-20 and the State Public Health Officer's order, Mar. 19, 2020); Ex. CA-055 (Blueprint modifications); Ex. CA-020 (Regional Stay at Home Order, Dec. 3, 2020); Ex. CA-027 (EO N-07-21, June 11, 2021); Ex. CA-029 (State Public Health Officer Order of June 11, 2021; effective June 15, 2021) ("All individuals must follow the requirements in the Guidance for the Use of Face Coverings issued by the California Department of Public Health"; "All individuals must follow the requirements for Mega Events"); Ex. CA-035 (CDPH Guidance for the Use of Face Coverings, July 28, 2021); Ex. MET-RIV-003 (Riverside County release of Mar. 27, 2020, confirmed from a secondary source); Ex. MET-RIV-005 (Amended Order of Apr. 2, 2020) ("No homeowner, agent of the homeowner, marketing agent, listing agent, or real estate agent shall engage in efforts to rent or lease any short-term rentals, vacation rentals, timeshares, hotels, mote[ls]" except for the enumerated purposes; civil penalties up to $1,000 per violation per day); Ex. MET-RIV-021 (San Bernardino County); Ex. MET-SAC-039 (El Dorado County, Mar. 24 to Apr. 30, 2020) and Ex. MET-SAC-041 (Ordinance No. 5121, Apr. 14, 2020); Ex. MET-SAC-051 (Lake Tahoe Basin travel ban, Apr. 3 to May 27, 2020); Ex. MET-SFO-073 (the Bay Area Health Officers' joint statement of Nov. 28, 2020 describing Santa Clara County's Mandatory Directive on Travel and its hotel restriction effective Nov. 30, 2020: "limit hotels to only essential travel"); Ex. MET-SAN-017 (San Diego County, effective 11:59 p.m. Dec. 6, 2020); Ex. MET-LA-012 (Los Angeles County Tier 1 order, Dec. 30, 2020, ¶ 3(f): arrivals from other States or countries to quarantine); Ex. MET-SAC-012 (Sacramento County, Dec. 9, 2020; effective Dec. 10, 2020 to Jan. 12, 2021). ↩
  73. Ex. NM-005 (Mar. 19, 2020: lodging at 50 percent); Ex. NM-006 ¶ 5 (Mar. 24, 2020); Ex. NM-010 and Ex. NM-016 (25 percent, Apr. 7 to May 31, 2020); Ex. NM-021 (June 1, 2020); Ex. NM-030 (Sept. 4, 2020); Ex. NM-033 (Oct. 16, 2020); Ex. NM-039 ¶ 6 (Nov. 16, 2020); Ex. NM-040 (amendment of Nov. 18, 2020, effective Nov. 19, 2020, continued to 12:00 p.m. Dec. 2, 2020 by Ex. NM-041 ¶ 4); Ex. NM-041 through Ex. NM-057 (the county color framework, Dec. 2, 2020 to June 30, 2021); Ex. NM-024 (EO 2020-054, July 1, 2020) ("all persons who have arrived in New Mexico from a location outside of the State must self-isolate or self-quarantine for a period of at least 14 days"; "may only leave a residence or place of lodging to receive medical care"); Ex. NM-031 (EO 2020-063, Sept. 3, 2020); Ex. NM-034 (EO 2020-072, Oct. 16, 2020); Ex. NM-037 (EO 2020-075, Oct. 29, 2020); Ex. AGY-ST-GAMING-RACING-089 (NMGCB cessation notice, Mar. 19, 2020: licensees "directed to cease the conduct of all games of chance until further notice"); Ex. AGY-ST-GAMING-RACING-091 and Ex. AGY-ST-GAMING-RACING-092 (reopening Feb. 25 to Mar. 1, 2021 at 25 to 75 percent; -092 is the Board's guidance, context); Ex. NM-060 (PHO of June 30, 2021; effective July 1, 2021); Ex. NM-067 (PHO of Aug. 17, 2021; masks from Aug. 20, 2021); Ex. NM-070 (PHO of Sept. 15, 2021). ↩
  74. Ex. WA-016 (Proclamation 20-25, Mar. 23, 2020); Ex. WA-034 (Safe Start); Ex. WA-047 (Proclamation 20-25.8, Nov. 15, 2020; effective Nov. 17, 2020) (¶ 6: business meetings and retail events in venues prohibited; ¶ 1: indoor social gatherings outside the household prohibited absent quarantine); the Miscellaneous Venues COVID-19 Requirements (confirmed from a secondary source) and Ex. WA-064; Ex. WA-104 (eating and drinking establishments); Ex. WA-054 (Proclamation 20-83, Dec. 21, 2020) ("I hereby prohibit any individual who has been present within the prior 14 days in any country where the SARS-CoV-2 variant 501Y.V is circulating ... from entering or being present in the State of Washington unless they quarantine until fourteen days (14) after arriving"); Ex. WA-059 and Ex. WA-061 (Proclamations 20-83.1 and 20-83.2); Ex. WA-072 (Proclamation 20-25.14, Washington Ready, July 1, 2021); Ex. WA-101 (Washington Ready plan: large indoor events over 10,000 capped at 75 percent unless vaccination verified); Ex. WA-078 (Secretary of Health Order 20-03.4, Aug. 19, 2021; effective Aug. 23, 2021) ("Every person in Washington State must wear a face covering ... when they are in a place where any person from outside their household is present or in a place that is generally accessible to any person from outside their household"); Ex. WA-080 (Proclamation 20-25.15, Aug. 20, 2021) ("I further prohibit any governmental, commercial, or nonprofit entity or private party from allowing any individual to enter or remain in any indoor space under their control unless the individual is in compliance with the Secretary of Health's face covering order"). ↩
  75. Ex. OR-003 (EO 20-07, Mar. 17, 2020); Ex. OR-007 (EO 20-12, Mar. 23, 2020, ¶ 18 campgrounds; ¶ 22 travel); Ex. OR-017 (EO 20-25); Ex. OR-035 (EO 20-66, county tiers); Oregon OSHA AO 2-2021 permanent rule (May 4, 2021) and AO 5-2021 amendment (June 30, 2021) (Ex. OR-041; Ex. OR-044); Ex. OR-043 (EO 21-15, June 25, 2021; rescission 12:01 a.m. June 30, 2021); Ex. OR-048 (OAR 333-019-1025, PH 35-2021, filed Aug. 11, 2021; effective Aug. 13, 2021) ("Individuals, regardless of vaccination status, are required to wear a mask, face covering or face shield except as exempted in section (6) of this rule when in an indoor space"; civil penalty up to $500 per day per violation); Ex. CO-004 (PHO 20-22, casinos closed 8:00 a.m. Mar. 17, 2020); Ex. CO-005 (PHO 20-23); Ex. CO-012 and Ex. CO-013 (Stay at Home); Ex. CO-019 and Ex. CO-020 (Safer at Home; recreational travel limited to ten miles); Ex. CO-051 (Dial, to Apr. 16, 2021; 500 with distancing to June 1, 2021); Ex. CO-079 (Routt County, Mar. 24, 2020, confirmed from a secondary source); Ex. CO-089 (Pitkin County, confirmed from a secondary source) and Ex. CO-090 (Pitkin County Amended Notice of Public Health Order, Mar. 18, 2020: "All Events of more than ten (10) are prohibited"); the other Colorado resort-county lodging orders of March 2020, described by category above; the Southeast Utah Health Department Public Health Order of Mar. 17, 2020, as amended Mar. 31, Apr. 15 and Apr. 23, 2020, as recited in Ex. UT-056 (SEUHD 2020-5GC, Apr. 30, 2020: hotel occupancy capped by table; RV sites 50 percent; cabins 30 percent; 24-hour rest between check-ins; convention rooms, meeting rooms and pools closed); Ex. UT-004 and Ex. UT-009 (Stay Safe, Stay Home); Ex. UT-007 and Ex. UT-008 (EO 2020-15 and 2020-16: travel declaration within three hours of entry, Apr. 10 to May 1, 2020); Ex. UT-013 (Phased Guidelines Orange: fourteen-day quarantine after return from designated areas); Ex. AK-012 (Health Mandate 010, Mar. 23, 2020; effective 12:01 a.m. Mar. 25, 2020) ("All people arriving in Alaska, whether resident, worker or visitor, are required to self-quarantine for 14 days"; fine up to $25,000 or imprisonment up to one year); Ex. AK-006 (Mandate 004); Ex. AK-018 (Mandate 016 and Attachment L, lodging, May 8-22, 2020); Ex. AK-022 (Mandate 010 revised Oct. 15, 2020); Ex. AK-035 (Outbreak Health Order No. 6, Nov. 15, 2020 to Feb. 14, 2021); Ex. AK-072 and Ex. AK-078 (Anchorage EO-14 and EO-20: hotel reporting of quarantining guests; capacity limits); Ex. AZ-005 (EO 2020-12, Mar. 23, 2020); Ex. AZ-012 (EO 2020-24, Apr. 7, 2020; effective 12:01 a.m. Apr. 9, 2020; class 1 misdemeanor; rescinded May 16, 2020); Ex. AZ-022 (EO 2020-43, June 29, 2020: hotel pools limited to groups of ten; bars closed); Ex. AZ-037 (EO 2021-06, Mar. 25, 2021); Ex. ID-004 (Amended Order to Self-Isolate, Apr. 15, 2020, § 7: every person entering Idaho to self-quarantine fourteen days; § 8.f.xiv: hotels, motels and shared rental units only "for purposes of housing, or to quarantine, those individuals exempted under Section 8"); Ex. ID-003 (Order to Self-Isolate, Mar. 25, 2020); Ex. ID-005 (Stage 1 Order); Ex. ID-007 (May 30, 2020); Ex. MT-010 (Directive of Mar. 30, 2020) ("Any person coming to Montana from another state or country for a non-work-related purpose must immediately self-quarantine for 14 days"; Department of Commerce to advise hotel and short-term-rental listings to carry notice); Ex. MT-009 (Stay at Home Directive ¶ 11(u), Mar. 28, 2020); Ex. MT-013 and Ex. MT-014 (extension "through the end of the emergency"; lifted June 1, 2020); Ex. MT-033 (directive of May 8, 2020: pools at licensed public accommodations at 50 percent for registered guests, retroactive to May 5, 2020; superseded June 1, 2020 by Phase Two at 75 percent, Ex. MT-014); Ex. MT-005 (video-gaming casinos closed 8:00 p.m. Mar. 20, 2020); Ex. MT-018 (Nov. 20, 2020: 50 percent, 10:00 p.m. close, masks); Ex. WY-010 (Governor's Directive, Apr. 3, 2020) ("Persons or entities listing hotels, rental properties, or other short-term rentals in Wyoming ... must include notice of the mandatory quarantine for travelers from another state or country in the listing"); Ex. WY-004 (Order #1, Mar. 19, 2020: hotel restaurants room service only); Ex. WY-005 (Order #2); Ex. WY-021; Ex. WY-037 (Nov. 24, 2020); Ex. WY-051 (Mar. 16, 2021). ↩
  76. Ex. MET-NYC-003 (EEO 100, Mar. 16, 2020); Ex. MET-NYC-008 (EEO 137, Aug. 5, 2020: checkpoints; "any traveler subject to Governor Executive Order No. 205 shall complete the Traveler Health Form"); Ex. MET-NYC-009 (EEO 141, Aug. 18, 2020; effective 12:00 a.m. Aug. 21, 2020) ("prior to granting a guest access to lodging upon their arrival in New York City, all transitory hotels, motels, inns, dwellings offered for 'short term rental,' ... and private for-profit businesses providing temporary lodging for fewer than 30 days shall inquire whether the guest has travelled from a state or territory on the Restricted List within the last 14 days, and require guests who answer affirmatively to provide proof of a completed Traveler Health Form"; class B misdemeanor); Ex. MET-NYC-012 (EEO 159, Nov. 3, 2020, restating the rule); Ex. MET-NYC-013 (EEO 203, May 22, 2021, revoking it); Ex. MET-NYC-017 (EEO 225, Aug. 16, 2021) (§ 1 quoted under the third quarter of 2021, B-11; § 9 fines of not less than $1,000, $2,000 and $5,000); Ex. MET-NYC-018 (EEO 228, Aug. 25, 2021); Ex. MET-NYC-019 (EEO 239, Sept. 14, 2021); Ex. MET-NYC-021 (EEO 250, Sept. 24, 2021: "The program set forth in this section shall be known as the 'Key to NYC' program."); Ex. MET-NYC-046 (the MTA release of Sept. 22, 2021 recording the transit mask rule and the $50 fine, confirmed from a secondary source). ↩
  77. Ex. MET-LA-003 (Mar. 21, 2020 order reciting the Mar. 16, 2020 closures); Ex. MET-LA-009 (Stage 3 order of July 18, 2020, ¶ 7: lounges, nightclubs, bars, entertainment venues, indoor dining and cardrooms closed); Ex. MET-LA-012 (Tier 1 order, Dec. 30, 2020: "All persons within the County Public Health Jurisdiction must stay home"; all gatherings with other households prohibited; 10:00 p.m. to 5:00 a.m. cessation; arrivals from other States or countries to quarantine); Ex. MET-LA-017 (Beyond the Blueprint order, June 14, 2021); Ex. MET-LA-018 (order of July 16, 2021; effective 11:59 p.m. July 17, 2021) ("Requires face masks to be worn by all persons, regardless of vaccination status, while in all indoor public settings and businesses"); Ex. MET-LA-019 (Aug. 16, 2021 revision); Ex. MET-LA-054 (Pasadena order of Aug. 18, 2021; effective 12:01 a.m. Aug. 20, 2021: masks at Outdoor Mega-Events of 10,000 or more); Ex. MET-LA-056 (Pasadena order of Aug. 26, 2021; effective 12:01 a.m. Sept. 15, 2021: vaccination or pre-entry negative test for Indoor Mega-Events of 1,000 or more, "conventions, conferences, expos, sporting events, concerts"); Ex. MET-LA-020 (order of Sept. 17, 2021; effective 11:59 p.m. Oct. 7, 2021: vaccination verification at bars, breweries, wineries, distilleries, nightclubs and lounges; Outdoor Mega Events of 10,000 or more); Ex. MET-LA-021 (Public Health Emergency Quarantine Order, revised Aug. 26, 2021: close contacts "are required to quarantine themselves" for ten days); Ex. MET-LA-038 and Ex. MET-LA-039 (Ordinances 186602 and 186603, June 14, 2020: hotel-worker recall and retention). ↩
  78. Ex. MET-CHI-012 (Public Health Order 2020-7, May 8, 2020: every Intermediary to report Shared Housing Unit reservations "by close of business each Tuesday and Friday" and to include the full text of the Stay At Home Order in each reservation); Ex. MET-CHI-019 (Public Health Order 2020-10, July 2, 2020; effective 12:01 a.m. July 6, 2020) ("All persons entering the City of Chicago from a state with a COVID-19 new case rate greater than 15 COVID-19 cases per 100,000 resident population per day ... shall be subject to mandatory self-quarantine for 14 days"); Ex. MET-CHI-020 (re-issued Nov. 13, 2020; converted to an advisory June 29, 2021); Ex. MET-CHI-024 (Stay-at-Home Advisory, Nov. 12, 2020, § 3: "meetings and social events are limited to 10 individuals, effective November 16 at 6:00AM ... such as weddings, birthday parties, and other events taking place at banquet halls, event venues or similar spaces"); Ex. MET-CHI-027 (Nov. 20, 2020 amendment); Ex. MET-CHI-010 (Public Health Order 2020-5); Ex. MET-CHI-026 (Public Health Order 2021-1, Aug. 20, 2021: masks indoors in any public place; "any business that fails to enforce this Order shall be subject to sanctions, including, but not limited to, closure"); Ex. MET-CHI-041 (Cook County Order 2021-10, Aug. 20, 2021; effective Aug. 23, 2021, naming "hotels" among indoor public spaces). ↩
  79. Ex. MET-TPA-006 (Hillsborough County Emergency Policy Group, Mar. 30, 2020, ¶ 9: "Hotels, motels, and other commercial lodging establishments shall give reservation priority to Essential Lodgers"); Ex. MET-TPA-070 (Pasco County Vacation Rental Reopening Plan, May 18, 2020); Ex. MET-DFW-039 (Tarrant County First Amended Declaration, Mar. 18, 2020, ¶ 7: 50 percent occupancy or 125 persons) and Ex. MET-DFW-057; Ex. MET-DFW-013 (Dallas County); Ex. MET-RIV-003; Ex. MET-RIV-005; Ex. MET-RIV-016 (Coachella and Stagecoach cancelled, Jan. 29, 2021); Ex. MET-RIV-018 (Temecula Valley Balloon and Wine Festival cancelled, Feb. 24, 2021); Ex. MET-SAN-017; Ex. MET-SAN-036 (San Diego Ordinance O-21231, hotel-worker recall, Sept. 8, 2020); Ex. MET-SAN-032 (Convention Center as shelter, Apr. 30, 2020); Ex. MET-SAC-012; Ex. MET-SAC-015 (Sacramento County, July 29, 2021; effective 12:01 a.m. July 30, 2021: face coverings "in all indoor public settings, venues, gatherings, and workplaces, such as, but not limited to: offices, retail stores, restaurants and bars, theaters, family entertainment centers, conference centers"); Ex. MET-SFO-073; Ex. MET-SFO-007 (Order No. C19-17, Dec. 16, 2020; effective 12:01 a.m. Dec. 18, 2020: "mandatory Quarantine on anyone traveling, moving, or returning to the County from anywhere outside the Bay Area"); Ex. MET-SFO-008 (Order No. C19-07y, June 11, 2021); Ex. MET-SFO-010 (update of Aug. 2, 2021; effective Aug. 3, 2021: "everyone, including people who are Fully Vaccinated, must wear a Well-Fitted Mask in indoor public settings"); Ex. MET-SFO-011 (update of Aug. 12, 2021: "no later than August 20, 2021, Covered Businesses must require all patrons age 12 and older to show proof that they are Fully Vaccinated before entering any indoor portion of a facility"); Ex. MET-SFO-017 (version of Sept. 10, 2021). ↩
  80. Ex. MET-DEN-001 (Public Health Order of Mar. 13, 2020: "the Red Rocks Amphitheatre, the Denver Coliseum, the Denver Performing Arts Complex, the Colorado Convention Center, and the McNichols Civic Center Building ... shall be ACCESS RESTRICTED for 30 days"); Ex. MET-DEN-014 and Ex. MET-DEN-017 (Denver capacity and event rules to June 1, 2021); Ex. MET-DEN-023 (PHO of Aug. 2, 2021: personnel of listed entities "to be fully vaccinated by September 30, 2021"); Ex. MET-DEN-033 (Boulder County PHO 2021-08, Sept. 2, 2021; effective 5:00 p.m. Sept. 3, 2021); Ex. MET-DET-001 (Oct. 9, 2020: "no business, government office, or operation that is open to the public may provide service to a customer or allow a customer to enter its premises, unless the customer is wearing a face covering"); Ex. MET-DET-026 (Oakland County Emergency Order 2020-11, May 28, 2020: "All Public Swimming Pools must remain closed to the public," including those of motels, resorts and hotels); Ex. MET-SLC-003 (Summit County PHO 2020-01, Mar. 15, 2020: "all restaurants, coffee/tea shops, employee cafeterias, self-serve buffets, salad bars, unpackaged self-serve food services, bars, taverns, nightclubs, private liquor clubs, and saloons in Summit County shall immediately close"; "all ski and other recreational resorts in Summit County"); Ex. MET-SLC-005 (Joint PHO 2020-03, Stay-at-Home, Mar. 25, 2020); Ex. MET-ORL-060 (City of Orlando order of Mar. 20, 2020: "all City owned or controlled venues, including but not limited to the Amway Center, Camping World Stadium ... are hereby closed to public events until April 15, 2020"); Ex. MET-ORL-004 (Orange County EEO 2020-04, Mar. 24, 2020); Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-037 (OCCC show cancellations, captured Mar. 25, 2020); Ex. MET-MSY-002 (Mayoral Proclamation, Mar. 16, 2020; effective 6:00 a.m. Mar. 17, 2020: "All public and private gatherings shall be canceled or prohibited"; bars, health clubs, live performance venues and reception facilities closed); Ex. MET-MSY-003; Ex. MET-MSY-020 and Ex. MET-MSY-021 (Mardi Gras 2021); Ex. MET-MSY-025 (guidelines of May 28, 2021: 250 indoors and 500 outdoors); Ex. MET-MSY-027 (guidelines effective 6:00 a.m. July 31, 2021: indoor mask requirement) and Ex. MET-MSY-028 (Public Health Advisory, July 31, 2021); Ex. MET-MSY-029 (guidelines effective 6:00 a.m. Aug. 16, 2021: "proof of vaccination or frequent testing with negative test results shall be required prior to entry into indoor establishments") and Ex. MET-MSY-030 (Public Health Advisory, Aug. 12, 2021); Ex. MET-MSY-063 (Jefferson Parish masks, Aug. 4, 2021); Ex. MET-HNL-035 (EO 2021-11, Aug. 30, 2021; effective Sept. 13, 2021: "all covered entities shall not permit" patrons to enter without proof of full vaccination or a negative test within 48 hours); Ex. MET-HNL-033 (EO 2021-10, Aug. 23, 2021); Ex. MET-HNL-034 (Fifteenth Proclamation, Aug. 23, 2021); Ex. MET-HNL-037 (Proclamation and EO 2021-13, Sept. 17, 2021; effective Sept. 22, 2021: Indoor Events, Outdoor Events I, II and III closed; death-related events limited to ten indoors) and Ex. MET-HNL-038 (Exhibit B: restaurants and bars at 50 percent of maximum occupant load; liquor service ended at 10:00 p.m.); Ex. MET-HNL-052 (Maui Public Health Emergency Rules, effective Sept. 15, 2021: indoor social gatherings of five, outdoor of ten; businesses "shall refuse to allow entry to persons not wearing face" coverings); Ex. MET-HNL-085 (Tenth Supplementary Emergency Proclamation, Aug. 16, 2021); Ex. MET-PHL-018 (Full Reopening Order, June 15, 2021: "All businesses that are operating within the City of Philadelphia must comply with the following requirements"; fines up to $2,000 per violation); Ex. MET-PHL-019 (Aug. 11, 2021; effective 12:01 a.m. Aug. 12, 2021) and Ex. MET-PHL-020 (Board of Health, Aug. 13, 2021); Ex. MET-BOS-013 (Boston Public Health Commission, Aug. 20, 2021; effective 8:00 a.m. Aug. 27, 2021: "All persons shall wear a mask or face covering ... whenever they are indoors on the premises of a business, club, place of assembly or other place that is open to members of the public, including but not limited to retail establishments, restaurants, bars, performance venues, social clubs, event spaces") and Ex. MET-BOS-014 (Licensing Board advisory, Aug. 23, 2021); Ex. MET-BOS-063 (Somerville, Aug. 19, 2021); Ex. MET-STL-021 (Health Commissioner's Order No. 1 (2021), effective 12:01 a.m. July 26, 2021) and Ex. MET-STL-022 (Order No. 2 (2021), Aug. 30, 2021); Ex. MET-ATL-016 (Savannah, July 26, 2021) and Ex. MET-ATL-017 (Savannah Emergency Order 29, Aug. 24, 2021: "no group in excess of 50 persons shall gather on any City-owned right-of-way, park, square, sidewalk or City-owned property"; event cancellations and permit revocations through Sept. 30, 2021); Kansas City Order 21-01 (July 30, 2021; effective 12:01 a.m. Aug. 2, 2021; confirmed from a secondary source); Ex. MET-KC-002 and Ex. MET-KC-003 (Ordinance 210694, Aug. 19, 2021); Ex. MET-KC-045 (Jackson County Health Order, Aug. 6, 2021; effective Aug. 9, 2021); Ex. MET-KC-006 (Ordinance 210853, Sept. 23, 2021); Ex. MET-MKE-023 (Madison and Dane County Face Covering Emergency Order, Aug. 17, 2021; effective 12:01 a.m. Aug. 19, 2021); Ex. MET-DCM-023 (Montgomery County Board of Health Regulation, Aug. 5, 2021; effective 12:00 a.m. Aug. 7, 2021); Ex. MET-SAT-066 (Bexar County Health Directive, Aug. 10, 2021) and Ex. MET-SAT-067 and Ex. MET-SAT-068; Ex. MET-HOU-038 (Harris County, Aug. 12, 2021). ↩
  81. Ex. MET-SEA-001 (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 restaurants, bars and taverns seating twelve or more) and Ex. MET-SEA-037 (Public Health release of Sept. 16, 2021); Ex. MET-LAS-006 and Ex. MET-LAS-009 (Clark County employee-mask measure of July 20-22, 2021, confirmed from a secondary source). ↩
  82. Ex. AGY-ST-GAMING-RACING-001 (Notice 2020-17, Mar. 13, 2020; guidance, context); Ex. NV-047 (Notice 2020-18) and Ex. NV-048 (Notice 2020-19, Mar. 17, 2020); Ex. AGY-ST-GAMING-RACING-002 (Notice 2020-23, Apr. 2, 2020) (quoted in the text); Ex. NV-049 and Ex. AGY-ST-GAMING-RACING-005 (reopening requirements, June 4, 2020); Ex. AGY-ST-GAMING-RACING-006 and Ex. AGY-ST-GAMING-RACING-007 (masks); Ex. AGY-ST-GAMING-RACING-011 (showrooms and events); Ex. AGY-ST-GAMING-RACING-012 (GCB Notice 2021-06, Statewide Pause); Ex. AGY-ST-GAMING-RACING-013; Ex. AGY-ST-GAMING-RACING-014 (pools and spas to May 1, 2021); Ex. NV-074 (Notice 2021-48); Ex. NV-051 (Notice 2021-71). ↩
  83. Ex. AGY-ST-GAMING-RACING-080 (DGE order of Mar. 16, 2020); Ex. AGY-ST-GAMING-RACING-018 (Order Approving Standards for Review of Casino Reopening Plans, June 29, 2020) (quoted in the text); Ex. AGY-ST-GAMING-RACING-019 (Order Reinstating Certificates of Operation, July 1, 2020) (quoted in the text); Ex. AGY-ST-GAMING-RACING-022. ↩
  84. Ex. AGY-ST-GAMING-RACING-029 (Mar. 14, 2020: "the gaming floor will close to patrons at 5:59 am on March 15, 2020"); Ex. AGY-ST-GAMING-RACING-030 (Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments, June 23, 2020, ¶¶ 10-11: "No more than 3 player positions at each Blackjack-style table"; "No craps or roulette until further notice"; "No poker until further notice"); Ex. AGY-ST-GAMING-RACING-032 (reopening July 6, 2020); Ex. AGY-ST-GAMING-RACING-033 (roulette Oct. 8, 2020); Ex. AGY-ST-GAMING-RACING-035 (25 percent, Dec. 26, 2020); Ex. AGY-ST-GAMING-RACING-036 (craps, Mar. 11, 2021); Ex. AGY-ST-GAMING-RACING-037 (rescission effective 12:01 a.m. May 29, 2021, on conditions). ↩
  85. Ex. AGY-ST-GAMING-RACING-050; Ex. AGY-ST-GAMING-RACING-052 through Ex. AGY-ST-GAMING-RACING-057 (Orders 4 through 11); Ex. AGY-ST-GAMING-RACING-058; Ex. AGY-ST-GAMING-RACING-060; Ex. AGY-ST-GAMING-RACING-062 (Chairman's letter of Aug. 11, 2020, an announcement under the Board's emergency orders, context: "the Board is requiring each casino to establish and identify a COVID-19 Response Liaison"); Ex. AGY-ST-GAMING-RACING-063; Ex. AGY-ST-GAMING-RACING-069; Ex. AGY-ST-GAMING-RACING-073 and Ex. AGY-ST-GAMING-RACING-074 (Order No. 24, quoted); Ex. AGY-ST-GAMING-RACING-076 (Order No. 27); Ex. AGY-ST-GAMING-RACING-078 (Order No. 29, quoted); Ex. AGY-ST-GAMING-RACING-079 (Order No. 30: Orders 24, 25 and 27 "remain in full force and effect"). ↩
  86. Ex. AGY-ST-GAMING-RACING-048; Ex. AGY-ST-GAMING-RACING-043 (quoted under the third quarter of 2020); Ex. AGY-ST-GAMING-RACING-038 ("The Missouri Gaming Commission has ordered all riverboat gaming casinos in the state to temporarily suspend their casino operations and to close effective midnight March 17, 2020"); Ex. AGY-ST-GAMING-RACING-026 (the Board's announcement, context) and Ex. AGY-ST-GAMING-RACING-028 (Pennsylvania); Ex. AGY-ST-GAMING-RACING-025 and Ex. AGY-ST-GAMING-RACING-027 (Pennsylvania protocols; -027 is the Board's announcement, context); Ex. AGY-ST-GAMING-RACING-081 (Michigan); Ex. AGY-ST-GAMING-RACING-087 (Ohio); Ex. IL-052; Ex. IL-059; Ex. IL-061; Ex. AGY-ST-GAMING-RACING-089 and Ex. AGY-ST-GAMING-RACING-090 (New Mexico). ↩
  87. Ex. FL-036 (DBPR Emergency Order 2020-09, June 26, 2020) ("All vendors licensed to sell alcoholic beverages for consumption on the premises who derive more than 50% of gross revenue from such sales of alcoholic beverages shall suspend such sales of alcoholic beverages for consumption on the premises"); the Amended Emergency Order 2020-09 of July 1, 2020 (vendors "not licensed to offer food service, shall suspend sales of alcoholic beverages for consumption on the premises"; "Nothing in this Emergency Order permits nightclubs to operate"); DBPR Emergency Order 2020-10 (Sept. 10, 2020; effective Sept. 14, 2020) (confirmed from a secondary source); Ex. FL-027 (EO 20-123 § 4: DBPR approval of each county's vacation-rental plan); Ex. MET-TPA-070. ↩
  88. Ex. CT-021 (EO 7ZZ § 1); Ex. CT-084 (Sector Rules for July 20th Reopen: Hotels and Lodging: "Capacity limit of 50% for most businesses that reopen"); Ex. CT-095 (Dec. 11, 2020 version: "Pursuant to EO 9K, businesses may be subject to mandatory closing times"); Ex. CT-085, Ex. CT-089 and Ex. CT-099 (Indoor Events rules). ↩
  89. Ex. NH-058; Ex. NH-021; Ex. NJ-073 (Executive Directive 20-024); Ex. RI-070; Ex. RI-071; SB 4, 32nd Special Session (Aug. 11, 2020) and NAC ch. 447E (Aug. 31, 2020; amended Apr. 30, 2021) (Ex. NV-054; Ex. NV-053). ↩
  90. Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-005 (DLNR release of Mar. 20, 2020; context: "the DLNR Division of Boating and Ocean Recreation (DOBOR) has suspended all commercial operator permits until further notice"); Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-047 (Washington agencies' release of Apr. 27, 2020; context: "Visitor centers, camping, and other overnight accommodations on state-managed lands will remain closed until further notice"); Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-016 (California State Parks, Dec. 4, 2020); Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-071 (Oregon State Fair cancelled, May 7, 2020; announcement, context). ↩
  91. Ex. AGY-USCG-PORTS-006 (context); Ex. AGY-USCG-PORTS-020 (context); Ex. AGY-USCG-PORTS-022 (context) ("crewmembers remain aboard the vessel except to conduct specific activities directly related to" cargo or vessel operations); Ex. AGY-USCG-PORTS-030 (context); Ex. AGY-USCG-PORTS-035 (context) (Change 7, May 5, 2021: "Vessel arriving to or traveling between any U.S. port or place must follow reporting and infection control measures"); Ex. AGY-USCG-PORTS-013 (context) (Seventh District MSIB 01-20, Mar. 29, 2020) (quoted in the text); Ex. AGY-USCG-PORTS-073 (context) (PortMiami, Mar. 18, 2020: "the lines have voluntarily ceased sailings for at least 30 days"; lay-berth fees waived from Mar. 13, 2020); Ex. AGY-USCG-PORTS-079 (context) (Port of Seattle, Apr. 10, 2020); Ex. AGY-USCG-PORTS-031 (context); Ex. AGY-USCG-PORTS-033 (context); Ex. AGY-USCG-PORTS-037 (context); Ex. AGY-USCG-PORTS-038 (context); Ex. AGY-USCG-PORTS-047 (FMC, May 6, 2020). ↩
  92. Ex. AGY-AVIATION-SURFACE-005; Ex. AGY-AVIATION-SURFACE-028; Ex. AGY-AVIATION-SURFACE-033; Ex. AGY-AVIATION-SURFACE-035; Ex. AGY-AVIATION-SURFACE-064; Ex. AGY-AVIATION-SURFACE-014; Ex. AGY-AVIATION-SURFACE-047 (Port of Seattle face-covering policy, May 10, 2020); Ex. AGY-AVIATION-SURFACE-084 (GOAA policy, June 17, 2020); Ex. AGY-AVIATION-SURFACE-076 (Amtrak). ↩
  93. Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-054 (Javits Center board minutes, Mar. 11, 2020) and Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-055 (Apr. 22, 2020: "There have been no events since March 10th and there are no events scheduled through the end of June"; contracts with OGS and the Army Corps of Engineers); Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-026 (McCormick Place release, May 26, 2021; context) and Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-027 (release of Aug. 4, 2021; context: "McCormick Place had been closed since March of 2020"); Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-043 (Boston Hope, Apr. 9, 2020, confirmed from a secondary source) and Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-044 (Sept. 3, 2021: "the first public convention at the Boston Convention and Exhibition Center since the pandemic began," confirmed from a secondary source); Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-033 (Pennsylvania Convention Center Authority, Mar. 12, 2020) and Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-035 and Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-036; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-037 (OCCC); Ex. MET-DEN-001. ↩
  94. Supreme Court of Texas, Thirty-Eighth Emergency Order, Misc. Docket No. 21-9060 (May 26, 2021; June 1 to Aug. 1, 2021) (Ex. ECO-C-069) ("a court must permit the participant to participate remotely in any proceeding"); Fortieth Emergency Order, Misc. Docket No. 21-9079 (July 19, 2021; Aug. 1 to Oct. 1, 2021) (Ex. ECO-C-070); Forty-Third Emergency Order, Misc. Docket No. 21-9119 (Sept. 21, 2021; effective Oct. 1, 2021) (Ex. ECO-C-071); Hawaii Supreme Court, Order Postponing Jury Trials, SCMF-20-0000152 (Aug. 16, 2021) (Ex. HI-068) and First Extension (Sept. 29, 2021) (Ex. HI-069); C.D. Cal., Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284) and No. 20-078 (June 1, 2020) (Ex. FED-285). ↩
  95. Ex. NJ-055 (EO 251, Aug. 6, 2021; effective Aug. 9, 2021: every school district "must maintain a policy regarding mandatory use of face masks by staff, students, and visitors in the indoor portion of the school district premises"); Ex. MET-HOU-038; Ex. MET-SAT-066; Ex. HI-044 (Hawaii DOH Guidance for K-12 Schools, revised July 30, 2021); Ex. AGY-TRIBAL-021 (Navajo Nation PHEO 2021-014, July 7, 2021: the Safe Schools Framework "is declared binding on all schools"); Ex. IL-040 (EO 2021-18, Aug. 4, 2021); the spring 2020 school closures are recorded in Education Week's map (Ex. LAW-212; Ex. LAW-229). ↩
  96. Ex. FED-020; Ex. MET-NYC-046 (confirmed from a secondary source); Ex. NY-018 and Ex. NY-124 (New York transit masks from Apr. 17, 2020); Ex. NJ-013 and Ex. NJ-030 (NJ TRANSIT 50 percent capacity Apr. 13 to July 15, 2020 with masks); Ex. AGY-AVIATION-SURFACE-014. ↩
  97. Ex. FED-022 through Ex. FED-026; Ex. FED-340; Ex. NV-010 (Nevada Directive 008, residential and commercial evictions, Mar. 29, 2020) and Ex. NV-020 (phased termination, June 25, 2020); Ex. ECO-C-081 (New Jersey EO 106; hotels and transient guests excluded from the stay); Ex. CT-074 and Ex. CT-075 (Connecticut judicial notices); Ex. ECO-C-084 (Washington Proclamation 21-09). ↩
  98. The instruments are those cited in the preceding sections and Ex. RI-097 (Providence port order of Nov. 22, 2020), Ex. FED-327 (visa suspension), Ex. FED-216 and Ex. FED-239 (borders), Ex. ECO-C-044 and Ex. ECO-C-045 (funneling), Ex. FED-042 (inbound testing), Ex. FED-027 and Ex. FED-031 (cruise). ↩
  99. 29 U.S.C. § 654(a)(1) (Ex. DUT-FED-001). The fifty-one-row table, one row for each State and the District of Columbia with the control statute, the order-violation offense, the workplace duty, the shield and one operating-condition clause for each, is on the site's standing duties page. ↩
  100. Ex. TX-021 (GA-28, June 26, 2020) § 1 (quoted) and penalty recital ("an offense punishable under Section 418.173 by a fine not to exceed $1,000, and may be subject to regulatory enforcement"); Ex. TX-025 (GA-32, Oct. 7, 2020) ("shall operate at no more than 75 percent of the total listed occupancy"); Ex. TX-022 (GA-29, July 2, 2020) ("Every person in Texas shall wear a face covering over the nose and mouth when inside a commercial entity or other building or space open to the public"), one of the workplace infection-prevention and exposure-control requirements in force to March 10, 2021; Tex. Gov't Code § 418.173 (Ex. DUT-TX-012). ↩
  101. Ex. DE-012 (Ninth Modification, Apr. 1, 2020; effective Apr. 2, 2020) ¶ 2 (quoted; "Allow no more than twenty percent (20%) of stated fire occupancy requirements in the store at a time"; "shall clearly mark six (6) foot spacing in checkout lines"; "ensure cleaning guidelines set by the CDC are followed"), ¶ 7 ("This Order has the force and effect of law. Any failure to comply ... constitutes a criminal offense. 20 Del. C. §§ 3115 (b); 3116 (9); 3122; 3125."); Ex. DE-037 (Twenty-Eighth Modification, May 12, 2021; effective May 21, 2021) § E ("Businesses and individuals responsible for indoor spaces open to the public shall require employees, contractors, and volunteers to wear a face covering"); Ex. DE-031 (Twenty-Seventh Modification, Sept. 3, 2020) ¶¶ A.4, A.5 (inspections of any business; "immediate closure of the business" on refusal of access). ↩
  102. Ex. DUT-AZ-013 (Office of the Governor, Requirements for Businesses, June 17, 2020, issued under Executive Order 2020-40) (quoted in full: "shall develop, establish, implement and enforce policies that adopt guidance from the Centers for Disease Control and Prevention (CDC), the Department of Labor, the Occupational Safety and Health Administration (OSHA), and the Arizona Department of Health Services (ADHS)"); Ex. AZ-020 (Executive Order 2020-40, June 17, 2020) ¶ 3 (enforcement "by law enforcement and regulatory agencies that have jurisdiction over the business"); Ex. AZ-019 (Executive Order 2020-36, in force from May 16, 2020) ¶ 5 ("shall develop, establish and implement policies based on guidance from the CDC, Department of Labor, Occupational Safety and Health Administration (OSHA) and ADHS"); Ex. DUT-AZ-014 (Guidance and Requirements for Restaurants Providing Dine-In Services, updated July 9, 2020) ("Operate with less than 50% occupancy"; "Implement symptom screening for employees prior to the start of their shift"; "Require staff to wear masks"). ↩
  103. Ex. FL-027 (Executive Order 20-123, May 14, 2020; effective May 18, 2020) § 1.A (quoted), § 1.B (gyms "may operate up to fifty (50) percent of their building occupancy and abide by the safety guidelines issued by the CDC and OSHA"), § 6 (enforcement under Fla. Stat. §§ 252.47 and 252.50); Ex. FL-034 (Executive Order 20-139, June 3, 2020; effective June 5, 2020) § 2 ("guidance and not enforceable") and § 4 (the capacity, seated-service, distancing and sanitation conditions); Fla. Stat. §§ 252.47, 252.50 (Ex. DUT-FL-007; Ex. DUT-FL-008). After Executive Order 20-244 of September 25, 2020 lifted the State's own capacity conditions (Ex. FL-047), Florida's compulsion rested on the county orders, the standing statutes of chapters 381 and 509, the shield's condition and the federal duty. ↩
  104. Ex. OH-019 (Stay Safe Ohio, Apr. 30, 2020) ¶¶ 8, 10-12 ("Businesses must require all employees to wear facial coverings"; closed sectors "may reopen, subject to the Sector Specific COVID-19 Information and Checklist"); Ex. OH-025 (Director's Order, May 29, 2020, in force to Apr. 5, 2021) ¶¶ 2, 12-15 ("shall continue to comply with Social Distancing Requirements"; "Comply with all applicable guidance from the U.S. Centers for Disease Control and Prevention and the Ohio Department of Health regarding social distancing"); Ex. OH-037 (Retail and Business Compliance, Nov. 13, 2020) ¶¶ 1, 10 (no retailer "shall be open for business or operate unless in compliance"). The telework clauses of these orders ("should strongly encourage"; "should work from home when possible") are recommendations and are treated as such. Penalty: R.C. 3701.352 and 3701.99(C) (Ex. DUT-OH-004; Ex. DUT-OH-005), recited in every Director's Order from April 2, 2020. ↩
  105. Ex. WI-002 (Emergency Order #12, Safer at Home, Mar. 24, 2020) § 2 (quoted), § 13 (quoted), § 17 ("Violation or obstruction of this Order is punishable by up to 30 days imprisonment, or up to $250 fine, or both. Wis. Stat. § 252.25."); Ex. WI-003 (Emergency Order #28, Apr. 16, 2020) § 2.b ("Restrict the number of workers present on premises to no more than is strictly necessary"; "Increase standards of facility cleaning and disinfection"); Ex. WI-009 (Emergency Order #1, July 30, 2020) §§ 2, 7 ("Every individual, age five and older, in Wisconsin shall wear a face covering" indoors when persons outside the household are present; "enforceable by civil forfeiture of not more than $200. Wis. Stat. § 323.28."), continued without interruption to March 31, 2021 (Ex. WI-021); Ex. MET-MKE-006 (Forward Dane Emergency Order #3, May 22, 2020) § 4 ("All businesses are subject to the following requirements: a. Limit capacity to 25% of approved capacity levels. b. Develop and implement a written hygiene policy ... c. Develop and implement a written cleaning policy ... d. Develop and implement a written protective measure policy"). ↩
  106. Ex. NV-016 (Directive 018, May 7, 2020) § 9 (quoted); Ex. NV-019 (Directive 024, June 24, 2020) (businesses "shall ensure that all patrons, customers ... utilize face coverings"); Ex. NV-038 (Directive 044, Apr. 19, 2021) ("All businesses and employers shall continue to require employees who interact with the public to wear face coverings"; distancing "encouraged" from May 1, 2021, a recommendation treated as such); the penalties the Directives recited: NRS 199.280 and 202.450 (Ex. DUT-NV-011; Ex. DUT-NV-006); Clark County Code 3.04.065 (license suspension or revocation, an administrative penalty to $1,000 per violation per day, or a misdemeanor) (Ex. MET-LAS-026). ↩
  107. Ex. MO-007 (DHSS Director's Order of May 28, 2020, effective June 1 to 11:59 p.m. June 15, 2020) ¶ 2 (quoted); Ex. MO-006 (Director's Order of Apr. 27, 2020, effective May 4, 2020) (the same clause); Ex. MO-004 (Stay Home Missouri, Apr. 3, 2020, effective Apr. 6, 2020) ("For offices and workplaces that remain open, individuals shall practice good hygiene and, where feasible, work from home"), issued "pursuant to the authority granted under section 192.020, RSMo, and 19 CSR 20-20.040". The "should" and "is encouraged" clauses of the same orders are recommendations and are treated as such. After June 15, 2020 the county and city orders (Ex. MO-041; the St. Louis and Kansas City exhibits in the metro table) supplied the operating conditions under RSMo 192.300 (Ex. DUT-MO-003), under which "[a]ny person, firm, corporation or association" that violates a county order "is guilty of a misdemeanor"; the Eighth Circuit's Hawse v. Page, No. 20-1960 (8th Cir. July 30, 2021), lists the St. Louis County orders of 2021 (Ex. DUT-MO-015), an adjudication cited as such. ↩
  108. Ex. TX-011 (GA-18, Apr. 27, 2020) ("should follow the minimum standard health protocols recommended by DSHS"); Ex. TX-029 (GA-34, Mar. 2, 2021; effective Mar. 10, 2021) ("is strongly encouraged to use good-faith efforts and available resources to follow" the DSHS recommendations); Ex. AZ-037 (Executive Order 2021-06, Mar. 25, 2021); Ex. NV-038 (Directive 044, distancing "encouraged" from May 1, 2021); Ex. FL-034 § 2. An instrument written in "should" or "encouraged" is a recommendation and binds only through the instrument that incorporated it (an order's condition, a shield's condition, the general duty clause); this analysis names that instrument wherever it relies on one. ↩
  109. Tex. Health & Safety Code § 81.002 (Acts 1989, 71st Leg., ch. 678, § 1) (Ex. DUT-TX-001) (quoted in full); § 81.082 (Ex. DUT-TX-002); § 81.087 (Class B misdemeanor) (Ex. DUT-TX-006); § 81.085(h) (third-degree felony) (Ex. DUT-TX-005); Tex. Gov't Code § 418.173 (Ex. DUT-TX-012); Tex. Lab. Code § 411.103 (Ex. DUT-TX-013) (quoted); Tex. Health & Safety Code §§ 341.011, 341.091, 437.0145 (a place of business "not constantly maintained in a sanitary condition" a public health nuisance; each day a separate offense; immediate closure of a food service establishment on an immediate threat to public health) (Ex. DUT-TX-016; Ex. DUT-TX-017; Ex. DUT-TX-018); In re Abbott (5th Cir.) (Ex. DUT-TX-021) and Ex. TX-047 at 12 (GA-32's "declarations regarding occupancy, the size of group meetings, activities that person may engage in, and the conduct of business ... become state law"), adjudications cited as such. ↩
  110. R.C. 3701.81(C) (version effective Jan. 1, 1974) (Ex. DUT-OH-007) (quoted); R.C. 3701.352 ("No person shall violate any rule the director of health or department of health adopts or any order the director or department of health issues under this chapter to prevent a threat to the public caused by a pandemic, epidemic, or bioterrorism event") (Ex. DUT-OH-004); R.C. 3701.99(C) (misdemeanor of the second degree; up to ninety days and $750) (Ex. DUT-OH-005); R.C. 4101.11 (Ex. DUT-OH-013); R.C. 4101.12 (Ex. DUT-OH-014); R.C. 3717.49 (suspension or revocation of a food service operation license for "the documented failure to maintain sanitary conditions") (Ex. DUT-OH-015). ↩
  111. Wis. Stat. § 101.11(1) (2019-20) (Ex. DUT-WI-007) (quoted); Wis. Admin. Code DHS 145.06(6) (Ex. DUT-WI-010); § 252.25 (willful violation of any departmental order "shall be imprisoned for not more than 30 days or fined not more than $500 or both") (Ex. DUT-WI-004); § 252.03 (the local health officer "shall promptly take all measures necessary to prevent, suppress and control communicable diseases" and "may forbid public gatherings") (Ex. DUT-WI-002), the machinery that made the county and city orders compulsory; § 323.28 (Ex. DUT-WI-006). ↩
  112. NRS 447.045, 447.190, 447.210 (Ex. DUT-NV-007) (quoted; misdemeanor, "each day" a separate offense); NRS 618.375 (Ex. DUT-NV-004); NAC 441A.280 (every case, contact "or other person shall, upon request by a health authority, promptly cooperate" in "measures for the prevention, suppression and control of a communicable disease") (Ex. DUT-NV-008); NRS 193.150 (misdemeanor: six months and $1,000) (Ex. DUT-NV-005); NRS ch. 439 (Ex. DUT-NV-002); NRS ch. 446 (immediate closure of a food establishment) (Ex. DUT-NV-010); Senate Bill No. 4, 32nd Special Session (enrolled Aug. 11, 2020), §§ 11-15 and 30 (Ex. NV-054); NAC ch. 447E (Ex. NV-053). ↩
  113. Fla. Stat. § 509.221 (2020) (Ex. DUT-FL-010); § 509.261 (fines to $1,000 per offense; suspension or revocation of the license of any "public lodging establishment or public food service establishment" operating in violation of the chapter) (Ex. DUT-FL-011); § 381.00315 (Ex. DUT-FL-001) (quoted); § 252.47 (law enforcement "shall enforce the orders and rules") (Ex. DUT-FL-007); § 252.50 (Ex. DUT-FL-008); 29 U.S.C. § 654(a)(1) (Ex. DUT-FL-015; Ex. DUT-FED-001). Florida has no State general-duty statute for private employers; the federal clause supplies the duty. ↩
  114. A.R.S. § 36-787 (Ex. DUT-AZ-001) (quoted); § 26-317 ("knowingly fails or refuses to obey any lawful order or regulation issued as provided in this chapter shall be guilty of a class 1 misdemeanor") (Ex. DUT-AZ-007); Miller v. City of Scottsdale, No. 22-16004 (9th Cir. Dec. 8, 2023) (Ex. DUT-AZ-019) (the arrest of April 11, 2020 under Executive Order 2020-18 and § 26-317), an adjudication cited as such; § 36-630 (class 3 misdemeanor) (Ex. DUT-AZ-004); § 23-403 (Ex. DUT-AZ-008); § 23-418 (Ex. DUT-AZ-009); §§ 36-601, 36-602 (a place of business "not constantly maintained in a sanitary condition" a public nuisance; abatement order within twenty-four hours) (Ex. DUT-AZ-011; Ex. DUT-AZ-012). ↩
  115. 20 Del. C. § 3125 (Ex. DUT-DE-002) (quoted); 16 Del. C. § 107(a) (Ex. DUT-DE-006) ("shall be fined not less than $100 and not more than $1000"); 16 Del. C. § 122 (regulations to "Prevent and control the spread of all diseases that are dangerous to the public health," enforced "by all state and local public health officials") (Ex. DUT-DE-005); 19 Del. C. § 106(a) (rules "for the prevention of accidents or of industrial or occupational diseases in every employment or place of employment ... shall have the force and effect of law") (Ex. DUT-DE-013); Delaware DHSS, DPH Enforcement Actions, COVID-19 Enforcement Actions (as captured Dec. 22, 2020) (Ex. DUT-DE-011); Office of the Governor, release of Dec. 10, 2020 (Ex. DUT-DE-014) ("A first violation of COVID-19 restrictions will result in an immediate civil fine. A second violation will result in closure, until the establishment submits a reopening plan approved by DPH."), an agency statement cited as such. Delaware enacted no business liability shield. ↩
  116. RSMo 192.020 (Ex. DUT-MO-001) (quoted); 192.320 (class A misdemeanor) (Ex. DUT-MO-004); 558.011.1(6) and 558.002.1(2) (one year; $2,000) (Ex. DUT-MO-016; Ex. DUT-MO-017); 44.130.2 (misdemeanor for violating any rule adopted under the emergency law) (Ex. DUT-MO-006); 19 CSR 20-20.040(2)(G) (Ex. DUT-MO-007); RSMo 292.300 (Ex. DUT-MO-008) (quoted); 292.180 (Ex. DUT-MO-009). ↩
  117. 29 U.S.C. § 654(a)(1) (Ex. DUT-FED-001) (quoted); OSHA, Interim Enforcement Response Plan for COVID-19 (Apr. 13, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-020) (citation under § 5(a)(1) measured against "the most recent Centers for Disease Control and Prevention (CDC) guidelines and OSHA's guidance"); OSHA 3990 (Ex. FED-088) (the general duty clause "requires employers to provide their employees with a workplace free from recognized hazards"); the general duty clause citations of September 2020 (Ex. LAW-487; Ex. AGY-FED-LABOR-IMMIGRATION-031); OSHA release of Jan. 8, 2021 (citations from 300 inspections; proposed penalties of $3,930,381) (Ex. DUT-FED-067); OSHRC Docket No. 21-0432 (ALJ June 6, 2022) (Ex. DUT-FED-073) (a tax-preparation office in Massachusetts; willful violation of § 5(a)(1) affirmed; the recognized hazard "SARS-CoV-2 ... the virus that causes COVID-19"); 29 U.S.C. § 666 (Ex. LAW-481). The Service's own Office of Chief Counsel has recited the clause as requiring "each employer to furnish to each of his employees employment and a place of employment free from recognized hazards" (AM 2023-007, Ex. LAW-143). ↩
  118. Tex. Civ. Prac. & Rem. Code § 148.003(a)(1)(B) (Ex. DUT-TX-015) (quoted); Act of June 14, 2021, 87th Leg., R.S., ch. 528 (S.B. 6), § 5(a) (applicable "to an action commenced on or after March 13, 2020") (Ex. DUT-TX-014). ↩
  119. Laws 2021, ch. 179 (S.B. 1377), §§ 1-2, A.R.S. §§ 12-515, 12-516 (Ex. DUT-AZ-010) (quoted; "This act applies retroactively to from and after March 10, 2020"). ↩
  120. Fla. Stat. § 768.38 (ch. 2021-1, Laws of Fla., Mar. 29, 2021) (Ex. DUT-FL-012) (quoted). ↩
  121. Senate Bill No. 4, 32nd Special Session (2020), §§ 29, 30 (Ex. NV-054) (quoted). ↩
  122. Am. Sub. H.B. 606, 133rd G.A., §§ 2-4 (Ex. DUT-OH-020) (quoted; a bar on exposure claims absent "reckless conduct or intentional misconduct or willful or wanton misconduct," applicable by its terms to conduct from March 9, 2020 "through September 30, 2021"); 2021 Wis. Act 4, §§ 8-9, Wis. Stat. § 895.476(2)-(3) (Ex. DUT-WI-008) (quoted); S.B. 51 & 42, 101st Gen. Assemb. (Mo. 2021), RSMo 537.1000 to 537.1035 (effective Aug. 28, 2021; recklessness or willful misconduct; a posted-warning presumption) (Ex. DUT-MO-011; Ex. DUT-MO-012). Each shield is described by its character and dates; Ohio's is uncodified temporary law. ↩