Hotels, Travel and Tourism

The six quarters

In each of the six calendar quarters from April 1, 2020 through September 30, 2021, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19 caused a temporary delay, interruption or termination of a more than nominal portion of the operations of employers in this industry throughout the United States. This section states, quarter by quarter, the orders in force, how they reached the functions, and the finding. Each instrument's status is stated from its effective and end dates; an instrument is counted in a quarter only if it was in force on some day of that quarter.

The second quarter of 2020

On April 1, 2020 stay-at-home orders confined the population of forty-two States and territories; every State had closed dine-in service, bars, gyms, pools, entertainment venues and gatherings above a small number; and the industry's own instruments were multiplying. In the Northeast, Maine closed all lodging at noon April 5 and quarantined every arrival; Vermont had suspended lodging March 25 and, on March 30, limited it to enumerated purposes, suspended online reservations and quarantined every non-essential arrival; New Hampshire restricted all lodging providers to vulnerable populations and essential workers on April 6 and suspended online reservations; Connecticut prohibited non-essential lodging on April 2; Massachusetts confined lodging under Order No. 13; New York closed casinos March 16 and every non-essential gathering March 22; New Jersey closed casino floors, racetracks, gyms and entertainment venues at 8:00 p.m. March 16 and cancelled every gathering March 21; Pennsylvania marked traveler accommodation non-life-sustaining March 19 and closed its casinos at 6:00 a.m. March 17; Rhode Island quarantined every non-work arrival from March 28.¹²⁹ In the South, Delaware quarantined every out-of-State arrival from March 30 and closed Commercial Lodging to leisure guests from 8:00 p.m. April 7; the District declared hotel ballrooms and dining rooms non-essential March 24; Maryland closed casinos March 16 and imposed stay-at-home March 30; Virginia ceased campground reservations April 1; Florida quarantined tri-State and Louisiana arrivals from March 24 and 27 with highway checkpoints and suspended every vacation rental from March 28 through May 4 and beyond; Georgia banned vacation rentals April 9-30; South Carolina quarantined tri-State and New Orleans arrivals from March 27 and prohibited lodging bookings from CDC-identified areas from 5:00 p.m. April 3 to May 1; North Carolina, Tennessee, Kentucky, West Virginia, Alabama, Mississippi, Arkansas and Oklahoma confined hotels to lodging and carry-out, closed their casinos and dog tracks, quarantined arrivals (Kentucky, West Virginia, Oklahoma, Arkansas) and, in Arkansas, confined lodging to authorized guests; Louisiana's casinos closed at midnight March 16 and reopened May 18 at 25 percent; Texas quarantined air and road arrivals under DPS supervision from March 28 and 30 to May 21 with the hotel as the designated quarantine location.¹³⁰ In the Midwest, Illinois' casinos and video gaming were suspended from March 16, its hotels confined to lodging and carry-out from March 21, and its casinos did not reopen until July 1; Michigan prohibited all travel to vacation rentals and every short-term-rental advertisement from April 9, closed Detroit's casinos March 16 and closed every hotel amenity; Ohio, Indiana, Iowa, Missouri, Minnesota, Wisconsin, Kansas, Nebraska, North Dakota and South Dakota closed casinos (Iowa to June 1, Missouri to May 31, Indiana to June 15, Ohio to June 19), closed hotel pools, gyms and dine-in, capped or prohibited gatherings, quarantined arrivals (Kansas from March 23; North Dakota from March 28 with hotels named as confinement locations) and prohibited non-essential travel.¹³¹ In the West, Hawaii quarantined every arrival from 12:01 a.m. March 26 and every interisland traveler from April 1, confined hotels to lodging and carry-out and, on March 25, ordered the population to stay at home; Nevada's gaming floors were dark from 11:59 p.m. March 17 to June 4 and its hotel-casinos open only to avoid guest displacement; California confined lodging to essential purposes from March 19 and its resort counties confined every short-term lodging facility to pandemic response and essential workers (Riverside March 27 to May 9; San Bernardino March 27 to May 8; El Dorado March 24 to April 30; the Tahoe Basin April 3 to May 27); New Mexico capped lodging at 50 and then 25 percent and quarantined air arrivals; Alaska quarantined every arrival from March 25 with the hotel room as the quarantine location and barred quarantining guests from pools, meeting rooms, fitness centers and restaurants; Montana and Wyoming quarantined every non-work arrival from March 30 and April 3 and required every lodging listing to carry notice; Idaho quarantined every entrant from April 15 to May 15 and confined hotels to housing exempt persons; Utah's Southeast Utah Health Department barred non-resident check-ins in three counties to May 1 and then closed hotel pools, meeting rooms and convention rooms; Colorado closed casinos March 17 and its resort counties barred new lodging guests; Washington and Oregon prohibited all gatherings, closed campgrounds and confined travel; Arizona quarantined tri-State air arrivals from April 9 to May 16.¹³² The federal layer suspended entry from China, Iran, the Schengen Area, the United Kingdom, Ireland and, from May 26, Brazil; confined the land borders to essential travel and excluded tourism by name; halted every cruise embarkation under the No Sail Order and its April 9 extension; suspended routine visa services and closed USCIS offices; and cut the airline and rail networks that deliver the guest.¹³³ The metros added their own: Hillsborough County confined hotels to Essential Lodgers; Tarrant County capped hotel meeting rooms at 50 percent or 125; Summit County, Utah closed every resort and expelled visitors; Denver closed the Colorado Convention Center; Orlando closed every City venue and the Orange County Convention Center cancelled its calendar; New Orleans closed reception facilities and cancelled every gathering; Chicago required short-term-rental platforms to report every reservation from May 8; Oakland County closed every hotel pool May 28; the Javits Center held no event after March 10 and became a medical station; the Boston Convention and Exhibition Center became a field hospital April 10; McCormick Place closed and stayed closed.¹³⁴ The reopening steps of May and June replaced closure with caps: New Mexico's lodging at 50 percent June 1; New Hampshire's lodging at 50 percent June 5 with quarantine attestations; Massachusetts' lodging June 8 with "no events, functions, or meetings"; Connecticut's hotels under binding Sector Rules June 17; Louisiana's casinos at 25 and then 50 percent; Mississippi's at 50 percent with entry health screening from May 21; Missouri's, Iowa's and Indiana's under regulator conditions June 1 and 15; Maryland's June 19 at 50 percent; Nevada's June 4 under Board policies; Maine's lodging for residents and exempt-State visitors June 1 and, under EO 57 of June 9, its check-in certificate from July 1; Delaware's common areas at 30 percent June 1; Florida's Phase 1 and 2 at 25 and 50 percent with the vacation-rental ban lifted only county by county from May 18.¹³⁵

The orders reached the functions as follows. LG: closed to leisure guests or to all but enumerated classes in Maine, Vermont, New Hampshire, Delaware, Connecticut, Massachusetts, Arkansas, Idaho, the California, Colorado and Utah resort counties and the Virgin Islands; short-term rentals banned in Florida, Georgia, Michigan, South Carolina and the same States; online reservations suspended in Maine, Vermont and New Hampshire; occupancy capped in New Mexico; rooms designated as quarantine locations in Alaska, Texas, North Dakota and Hawaii; every guest quarantined in Hawaii, Alaska, Maine, Vermont, Rhode Island and the quarantine States. FB: dine-in closed in every State; room service only for registered guests in Louisiana and Wyoming. MC: every gathering above ten (or five, or fifty) prohibited in every State; every convention center closed; casino showrooms and event venues closed. AM: pools, gyms, spas, buffets and valet closed everywhere; every commercial casino floor closed; tribal casinos closed by tribal decision. TV: entry suspended from the principal source markets; land borders confined to essential travel with tourism excluded by name; every cruise embarkation halted; traveler quarantines in more than twenty States; airline and rail service cut. GS: every group contract for the quarter cancelled by the gathering bans and venue closures. HK: deep-cleaning, screening and distancing protocols imposed as reopening conditions from May. SC: suppliers closed under the same orders. HR: visa services suspended March 20; USCIS closed to June 4; gaming and alcohol licensing offices closed. OP: telework mandates and office closures in every stay-at-home State. WF: the workforce confined at home in forty-two jurisdictions; schools closed in every State; the paid-leave mandate from April 1. CB: the guest confined at home, quarantined on arrival, barred from the border or the ship.¹³⁶

During the calendar quarter beginning April 1, 2020 and ending June 30, 2020, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19, namely the stay-at-home and closure orders of every State and the District of Columbia (Ex. HI-004; Ex. IL-005; Ex. NY-010; Ex. NJ-004; Ex. DC-005), the lodging closures, leisure-guest bans and short-term-rental bans of eleven States and the resort counties (Ex. ME-013; Ex. VT-012; Ex. NH-013; Ex. DE-013; Ex. CT-013; Ex. SC-012; Ex. FL-020; Ex. GA-014; Ex. MI-017; Ex. AR-041; Ex. ID-004; Ex. MET-RIV-005), the traveler quarantines of more than twenty States (Ex. HI-003; Ex. AK-012; Ex. RI-010; Ex. DE-010; Ex. TX-006; Ex. FL-012; Ex. KY-011; Ex. MT-010; Ex. WY-010; Ex. SC-007; Ex. ND-014; Ex. OK-010; Ex. AZ-012; Ex. UT-007; Ex. KS-053), the casino shutdowns of every gaming State (Ex. NV-003; Ex. NJ-002; Ex. AGY-ST-GAMING-RACING-050; Ex. IL-059; Ex. MD-035), the No Sail Order (Ex. FED-027; Ex. FED-028), the entry proclamations (Ex. FED-200; Ex. FED-202; Ex. FED-203; Ex. FED-204) and the land-border limits (Ex. FED-216; Ex. FED-239), caused a temporary delay, interruption or termination of a more than nominal portion of the operations of employers in this industry throughout the United States. They did so by closing lodging to the leisure guest, suspending reservations, quarantining the arriving guest in the room, closing every ballroom, pool, bar and casino floor, halting the ship and the flight, and confining the customer and the workforce at home.

The third quarter of 2020

The quarter opened with the summer traveler quarantines: New York's EO 205 (from June 25; civil penalty up to $10,000), Connecticut's EO 7BBB (June 25) and EO 7III (mandatory from July 24; $1,000 civil penalty), New Mexico's EO 2020-054 (July 1: every arrival to self-isolate fourteen days "in a residence or other place of lodging"), Chicago's Emergency Travel Order (July 6), the District's Mayor's Order 2020-081 (July 27), Massachusetts' Order No. 45 (August 1; $500 per day), New York City's checkpoints (August 5) and hotel traveler-form verification rule (August 21), Kansas's continuing KDHE mandate, Hawaii's quarantine of every arrival and, from August 11, of every interisland traveler again, Alaska's Mandate 010 as revised, Maine's certificate at check-in, Vermont's county map, New Hampshire's lodging attestation and Rhode Island's hot-spot list.¹³⁷ The reopened casinos operated under regulator conditions: Nevada's Board policies with face coverings at tables from June 17 and throughout the floor from June 26 among their screening, distancing and cleaning conditions, then bars and bar-top gaming closed in seven counties from July 10 to September 20; New Jersey's casinos at 25 percent under DGE standards from July 2 with indoor dining barred to September 4 and hotel gyms closed to September 1; Massachusetts' three casinos from July 6 under Minimum Requirements (three players per blackjack table; no craps, roulette or poker; no valet, coat check, promotions or events); Louisiana's at 50 percent with temperature screening of every entrant and, from August 11, a COVID-19 Response Liaison called for by the Board's Chairman under its orders; Mississippi's at 50 percent with entry health screening and no entertainment; Detroit's from August 5 at 15 percent; Pennsylvania's under the Board's protocols; New York's closed until September 9 and then at 25 percent.¹³⁸ Hotel event space was capped everywhere: 25 indoors in Pennsylvania from July 15 and 250 outdoors; 50 in Illinois' Phase 4 with a 50 percent meeting cap; 25 indoors and 100 outdoors in Massachusetts and Connecticut; conventions closed to the public in Nevada until October 1; convention events prohibited by health directive in Maryland; conventions forbidden in Georgia before July 1 and tiered thereafter; 250 in Indiana's Stage 4.5; 50 percent in Kentucky from June 29; Rhode Island's catered events at 50 and 100; Ohio's ten-person cap and Dine Safe banquet rules; Florida's hotel bars under the DBPR alcohol suspension from June 26 to September 14; Arizona's hotel bars and gyms closed from June 29 and its gatherings over 50 prohibited; Texas's bars closed again June 26 and its 50 percent cap in force; Iowa's hotel bars closed in six counties from August 27; West Virginia's Monongalia County hotel bars restricted from July 14.¹³⁹ Lodging itself remained capped in New Mexico (50 percent; 75 percent for certified operators from September 4), New Hampshire (50 percent) and Connecticut (the Sector Rules); Florida's Phase 3 order of September 25 lifted the State caps but left the local orders and the DBPR license conditions.¹⁴⁰ Federally, the No Sail Order was extended July 16 to September 30 and again September 30 to October 31; the entry proclamations and land-border limits continued; the funneling notices ran to September 14; the CDC's eviction moratorium began September 4; the paid-leave mandate continued; the Coast Guard's bulletins carried the Captain of the Port and CDC requirements to every port.¹⁴¹ In the metros, the Los Angeles County Stage 3 order of July 18 closed bars, indoor dining, entertainment venues and cardrooms; Chicago quarantined arrivals from listed States; New York City verified traveler forms at every check-in; the City of Los Angeles enacted hotel-worker recall and retention ordinances June 14; San Diego enacted its recall ordinance September 8; Allegheny County closed its casino and banquet business again in July.¹⁴²

The orders reached the functions as follows. LG: quarantine of the arriving guest in New York, Connecticut, Massachusetts, New Mexico, Chicago, the District, Hawaii, Alaska, Maine, Vermont, Rhode Island and Kansas, with hotels made the verifying party in New York City, Maine and New Hampshire; occupancy caps in New Mexico, New Hampshire and Connecticut. FB: indoor dining closed in New Jersey's casinos to September 4 and in Los Angeles County; hotel bars closed in Florida, Arizona, Texas, Iowa, Nevada's seven counties and Monongalia County; capacity caps everywhere else. MC: caps of 10, 25, 50 and 250 and outright convention bans in Nevada, Maryland and Georgia. AM: casinos at 15 to 50 percent with removed positions and closed showrooms; pools and gyms closed or capped; buffets and valet forbidden. TV: the No Sail Order throughout; entry suspended from Europe, the United Kingdom, Ireland, Brazil, China and Iran; land borders closed to tourism; the summer quarantines. GS: group contracts cancelled or capped by the gathering rules. HK: the regulators' screening, distancing, cleaning and liaison requirements. HR: visa services suspended; gaming employees re-licensed under new conditions. WF: quarantine of exposed staff; school closures continuing into the fall in most States; transit capacity and face-covering rules. CB: the traveling guest quarantined or excluded.¹⁴³

During the calendar quarter beginning July 1, 2020 and ending September 30, 2020, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19, namely the traveler quarantines of New York, Connecticut, Massachusetts, New Mexico, the District of Columbia, Chicago, Hawaii, Alaska, Maine, Vermont, Rhode Island and Kansas (Ex. NY-006; Ex. CT-023; Ex. MA-025; Ex. NM-024; Ex. DC-081; Ex. MET-CHI-019; Ex. HI-003; Ex. AK-039; Ex. ME-026; Ex. VT-025; Ex. RI-024; Ex. KS-054), the New York City hotel verification rule (Ex. MET-NYC-009), the gathering caps and convention bans of every State (Ex. PA-016; Ex. IL-019; Ex. NV-017; Ex. NV-024; Ex. MD-046; Ex. GA-024), the casino regulators' reopening conditions (Ex. AGY-ST-GAMING-RACING-018; Ex. AGY-ST-GAMING-RACING-030; Ex. AGY-ST-GAMING-RACING-043; Ex. AGY-ST-GAMING-RACING-060; Ex. AGY-ST-GAMING-RACING-081; Ex. NV-022), the bar and amenity closures (Ex. FL-036; Ex. AZ-022; Ex. IA-023; Ex. WV-043; Ex. NJ-026), the lodging caps of New Mexico and New Hampshire (Ex. NM-021; Ex. NM-030; Ex. NH-058) and the No Sail Order, entry proclamations and border limits (Ex. FED-029; Ex. FED-030; Ex. FED-204; Ex. FED-217), caused a temporary delay, interruption or termination of a more than nominal portion of the operations of employers in this industry throughout the United States. They did so by quarantining the guest, capping the room, closing the bar and the showroom, removing every other seat from the gaming floor, forbidding the convention and keeping the ship at the pier.

The fourth quarter of 2020

The winter re-tightening began in November. Illinois' Tier 3 (November 20) confined hotel occupancy to registered guests, forbade every hotel meeting and event, closed fitness centers except by reservation at 25 percent and prohibited casinos and video gaming from operating; Washington prohibited every business meeting and retail event in a venue and every indoor social gathering outside the household (November 17) and closed indoor dining and gyms; Michigan's MDHHS order of November 18 prohibited indoor non-residential gatherings, closed indoor dining and re-closed Detroit's casinos to December 22; Nevada's Statewide Pause cut every casino and gathering to 25 percent from November 24; Massachusetts cut private gatherings to 10 indoors and 25 outdoors on November 6, event venues to 25 indoors and 50 outdoors on December 13, and Operators of Lodgings to 25 percent December 26; New Mexico closed uncertified lodging to all but health-care, extended-stay and quarantine guests from November 16 to December 1 and then capped it by county color from December 2, with vacation rentals limited to five guests in Red counties; Pennsylvania imposed test-or-quarantine on every inbound traveler from November 20 (ten days from December 9), capped events at 10 to 25 percent of occupancy and, from December 12 to January 4, closed its casinos, gyms and indoor dining again; New York capped catering and banquet events at 50, 25 and 10 in its cluster zones with a 10:00 p.m. closing, added the traveler health form and test-out rules, and closed New York City indoor dining December 14; New Jersey capped indoor gatherings at 10 from November 17 with a 10:00 p.m. closing; Connecticut's EO 9S (December 19) quarantined travelers from every State except New York, New Jersey and Rhode Island and every country; New Hampshire's Emergency Order #72 made its travel guidance mandatory from November 15; Vermont suspended multi-household gatherings and closed bars November 14 and imposed universal quarantine November 10; Kentucky capped hotel event rooms at 25 people November 20 to December 13; Minnesota's Dial Back closed venues and prohibited gatherings from November 20; Ohio's revised gatherings order and curfew ran from November 17 and 19; Colorado's Level Red from November 20; Oregon's two-week freeze November 18 and its county tiers from December 3 closed venues in the highest tier; Iowa's statewide face-covering requirement and 15/30 caps from November 17; North Dakota's binding capacity caps and banquet-venue limits from November 16; Montana's 25-person cap, 50 percent capacity and 10:00 p.m. closing from November 20; Wyoming's 25 cap November 24 and 10 December 9; Oklahoma's 11:00 p.m. closing November 19 and 50 percent gathering cap December 14; Delaware's 10-person indoor cap November 23 and stay-at-home advisory December 14; Maryland's testing-or-quarantine order December 17; the District's 10 indoor/25 outdoor cap November 23 and indoor-dining suspension December 23.¹⁴⁴ In California the Regional Stay at Home Order of December 3 closed hotels and lodging to non-essential travel across Southern California and the San Joaquin Valley as ICU capacity fell: Los Angeles County's Tier 1 order of December 30 confined the population, prohibited every gathering with another household, imposed a 10:00 p.m. to 5:00 a.m. cessation and quarantined every arrival from another State or country for ten days; San Diego County from December 6; Sacramento County from December 10; San Francisco quarantined every arrival from outside the Bay Area from December 18; Santa Clara County limited hotels to essential travel from November 30 and quarantined arrivals from more than 150 miles.¹⁴⁵ Hawaii's Safe Travels test exception took effect October 15 and the test-before-departure rule November 24, the statewide face-covering requirement, an airborne-transmission control on every indoor space, November 16, and the quarantine fell to ten days December 17; the interisland quarantine continued.¹⁴⁶ Federally, the No Sail Order ran to October 31 and the Conditional Sailing Order took its place October 30 with no passenger voyage permitted; the Title 42 order was replaced and continued October 13; the entry proclamations, land-border limits and eviction moratorium continued; Washington quarantined arrivals from variant countries December 21.¹⁴⁷ The gaming regulators tracked their States: Nevada's Board implemented the Pause; Louisiana's Board disabled half the devices from November 25; Massachusetts' Commission imposed early closing November 6 and 25 percent December 26; Pennsylvania's casinos closed December 12; Detroit's closed November 18 and reopened December 23 under MDHHS caps of 100 patrons or 30 percent.¹⁴⁸ Detroit's health officer imposed masks, capacity and workplace rules on every open business October 9; Chicago capped meetings and social events at 10 "at banquet halls, event venues or similar spaces" from November 16 and re-issued its travel order November 13; Providence barred cruise vessels from its port November 22; Salem postponed Step 2 of Phase III and established a local traveler form on October 2, and Cambridge delayed Step 2 the same day.¹⁴⁹

The orders reached the functions as follows. LG: hotels confined to registered guests in Illinois, to essential travel in Santa Clara County and Southern California, to 25 percent in Massachusetts, to 25 percent or closed in New Mexico; test-or-quarantine at the door in Pennsylvania, New Hampshire, Connecticut, Massachusetts, Maryland, New York, Chicago, San Francisco and Los Angeles County; every arrival quarantined in Hawaii, Alaska and Vermont. FB: indoor dining closed again in Illinois, Washington, Michigan, Pennsylvania, New York City, Oregon's highest-tier counties, California, Minnesota and the District. MC: hotel meetings forbidden outright in Illinois and Washington; capped at 10 in New Jersey, Chicago, Delaware and the District and at 25 indoors at Massachusetts event venues; at 25 per room in Kentucky; at 10 to 25 percent in Pennsylvania; venues closed in Minnesota, Oregon and Colorado's Level Red. AM: casinos closed in Illinois, Michigan and Pennsylvania and cut to 25 percent in Nevada and Massachusetts; gyms and pools closed or capped. TV: the Conditional Sailing Order (no passenger voyages); entry proclamations; land borders; the winter quarantines. GS: the holiday and winter group calendar cancelled by the caps. HK: the regulators' conditions; Detroit's workplace rules. WF: quarantine of exposed staff; school closures and remote instruction; curfews. CB: the guest confined again in California, Illinois, Minnesota, Oregon, Washington and the District.¹⁵⁰

During the calendar quarter beginning October 1, 2020 and ending December 31, 2020, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19, namely the winter re-tightening orders of Illinois, Washington, Michigan, Nevada, Massachusetts, New Mexico, Pennsylvania, New York, New Jersey, Connecticut, Vermont, New Hampshire, Kentucky, Minnesota, Ohio, Colorado, Oregon, Iowa, North Dakota, Montana, Wyoming, Oklahoma, Delaware, Maryland and the District (Ex. IL-031; Ex. WA-047; Ex. MI-060; Ex. NV-030; Ex. MA-034; Ex. MA-038; Ex. MA-040; Ex. NM-039; Ex. NM-041; Ex. PA-021; Ex. PA-028; Ex. NY-037; Ex. NJ-037; Ex. NJ-039; Ex. CT-034; Ex. VT-034; Ex. NH-027; Ex. KY-033; Ex. MN-032; Ex. OH-038; Ex. CO-035; Ex. CO-036; Ex. CO-081; Ex. OR-035; Ex. IA-030; Ex. ND-062; Ex. MT-018; Ex. WY-037; Ex. OK-033; Ex. DE-032; Ex. MD-023), California's Regional Stay at Home Order and its county implementations (Ex. CA-020; Ex. MET-LA-012; Ex. MET-SAN-017; Ex. MET-SAC-012; Ex. MET-SFO-007; Ex. MET-SFO-073), Hawaii's Safe Travels orders and its face-covering order, an airborne-transmission control on every indoor space (Ex. HI-014; Ex. HI-016; Ex. HI-017; Ex. HI-018), the gaming regulators' orders (Ex. NV-050; Ex. AGY-ST-GAMING-RACING-063; Ex. AGY-ST-GAMING-RACING-035; Ex. MET-DET-001) and the Conditional Sailing Order, entry proclamations, border limits and eviction moratorium (Ex. FED-031; Ex. FED-037; Ex. FED-022; Ex. WA-054), caused a temporary delay, interruption or termination of a more than nominal portion of the operations of employers in this industry throughout the United States. They did so by confining hotels to registered or essential guests, forbidding or capping every meeting and banquet, re-closing dining rooms, gyms and casinos, and testing or quarantining the guest at the door.

The first quarter of 2021

The winter orders ran into the quarter and stepped down by their own schedules: Illinois' Tier 3 regions stepped to Tier 2, Tier 1 and Phase 4 between January 15 and February 4; Pennsylvania's Limited-Time Mitigation ended January 4 and its travel order March 1, with events at 15 and 20 percent from March 1; Massachusetts' lodging at 25 percent to February 8 and at 40 percent from February 8 through the quarter, its gatherings at 10 to Phase IV Step 1 on March 22, and its traveler quarantine to March 22; Connecticut's traveler quarantine to March 19 and its 25-person cap to March 19; Nevada's Pause to February 15, then 35 percent and 250 or 50 percent from March 15; New Mexico's color framework with lodging at 40 to 100 percent and vacation rentals at five to fifteen guests; Michigan's indoor dining closed to February 1 and gatherings capped at 25 indoors; Minnesota's caps and telework mandate to April 14; Washington's Healthy Washington caps of 25 percent and 100 from January 11; Oregon's county tiers; Colorado's Dial; Kentucky's venues at 50 and 60 percent; New York's 10:00 p.m., 11:00 p.m. and midnight closings and its 33 percent events venues from April 2; New Jersey's 25 percent and 150 from February 5 and 50 percent from March 19; Rhode Island's Protecting Your Household rules; Maryland's caps to March 12 with venue caps retained; the District's indoor-dining suspension to January 22 and its testing order; Iowa's face-covering requirement, one of its workplace exposure controls, and caps to February 7; North Dakota's venue caps to January 18; Montana's to January 15 and its face-covering requirement, the last of its exposure controls, to February 12; New Hampshire's mandatory travel guidance to May 7; Vermont's quarantine with vaccinated travelers exempt from February 23; Maine's test-or-quarantine with exemptions from March 5; Hawaii's ten-day quarantine, Safe Travels and interisland quarantine throughout.¹⁵¹ Texas rescinded its capacity and face-covering regime, its workplace exposure controls, effective March 10 (GA-34) but preserved county judges' authority to cap businesses at 50 percent in high-hospitalization areas; Mississippi converted its business terms to recommendations March 3; Arizona lifted capacity limits March 5 and event restrictions March 25.¹⁵² Federally, the inbound testing order took effect January 26, the conveyance order, with its airborne-transmission controls on every passenger and hub, February 1 (with TSA's directives on airports, aircraft and surface carriers and FRA's Emergency Order 32 from March 1), Executive Order 13991 and the 25 percent federal-building cap January 20 and 24, Proclamation 10143 January 26; the Conditional Sailing Order, land-border notices and eviction moratorium continued; and on March 11, 2021 Congress re-enacted the Suspension Clause for the third and fourth quarters.¹⁵³ The casino regulators stepped with their Governors: Massachusetts restored craps March 11 at about 40 percent; Nevada's Board tracked 35 and 50 percent; Louisiana's Board moved to Phase III March 5; New Mexico's racetrack casinos reopened February 25 to March 1 at 25 to 75 percent by county.¹⁵⁴ Riverside County cancelled Coachella and Stagecoach by order January 29 and the Temecula Valley Balloon and Wine Festival February 24; New Orleans restricted Mardi Gras; Los Angeles County's Tier 1 order ran to January 25 and its successor caps followed; Chicago's travel order continued; New York City's hotel verification rule continued.¹⁵⁵

The orders reached the functions as follows. LG: capped in Massachusetts, New Mexico, New Hampshire and Connecticut; test-or-quarantine at the door in Pennsylvania (to March 1), Connecticut (to March 19), Massachusetts (to March 22), New Hampshire, Maine, Vermont, New York, Chicago and New York City; every arrival quarantined or tested in Hawaii. FB: closed or capped in every re-tightening State through its step dates. MC: capped at 10, 25, 25 percent, 33 percent and 50 percent by State; conventions under approved plans in Nevada. AM: casinos at 25 to 50 percent; pools, spas and gyms closed or capped. TV: the conveyance order, the inbound testing order, the entry proclamations, the borders, the Conditional Sailing Order; the winter quarantines to their expiry. GS: the spring group calendar under caps that stepped week by week. HK and HR: the regulators' conditions; the federal directives on airport tenants and vendors. WF: the transit exposure controls; school reopening on hybrid schedules; quarantine directives. CB: the guest still confined, tested or quarantined in the largest markets.¹⁵⁶

During the calendar quarter beginning January 1, 2021 and ending March 31, 2021, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19, namely the winter orders through their stepped expiry (Ex. IL-031; Ex. PA-028; Ex. PA-031; Ex. MA-040; Ex. MA-043; Ex. MA-044; Ex. MA-045; Ex. CT-037; Ex. NV-030; Ex. NV-032; Ex. NM-041; Ex. NM-051; Ex. MI-062; Ex. MI-066; Ex. MN-037; Ex. WA-047; Ex. WA-056; Ex. OR-035; Ex. CO-051; Ex. NY-041; Ex. NY-043; Ex. NJ-042; Ex. NJ-044; Ex. RI-034; Ex. MD-026; Ex. IA-035; Ex. ND-062; Ex. MT-020; Ex. NH-027; Ex. VT-082; Ex. ME-053; Ex. PA-032), Hawaii's Safe Travels and interisland quarantines (Ex. HI-018; Ex. HI-020; Ex. HI-031), the federal conveyance, testing, entry, workplace and cruise orders (Ex. FED-020; Ex. FED-042; Ex. FED-207; Ex. FED-060; Ex. FED-270; Ex. FED-031; Ex. FED-050; Ex. FED-053; Ex. FED-054), the gaming regulators' orders (Ex. AGY-ST-GAMING-RACING-036; Ex. AGY-ST-GAMING-RACING-013; Ex. AGY-ST-GAMING-RACING-069; Ex. AGY-ST-GAMING-RACING-091) and the metro travel and event orders (Ex. MET-CHI-020; Ex. MET-NYC-012; Ex. MET-RIV-016; Ex. MET-RIV-018; Ex. MET-MSY-020), caused a temporary delay, interruption or termination of a more than nominal portion of the operations of employers in this industry throughout the United States. They did so by capping rooms, tables, ballrooms and gaming positions, testing or quarantining the guest at the door, placing every passenger who came under the conveyance order's airborne-transmission controls, and keeping the ship at the pier.

The second quarter of 2021

The quarter was the transition quarter, and on April 1, 2021 the transition had barely begun. Massachusetts moved to Phase IV Step 1 on March 22 and rescinded its orders May 29; Connecticut repealed its Sector Rules and caps May 20; Rhode Island's Reopening Order of May 21 dropped caps except for nightclubs and its quarantine order ran to July 6; New Jersey lifted its indoor limits May 28 and June 4; New York lifted capacity limits May 19, curfews May 17 and 31, gathering limits June 15 and its emergency orders June 24; Pennsylvania's orders expired May 31 and its face-covering order, the last of its workplace exposure-control requirements, June 28; Maryland lifted its remaining limits May 15; Delaware May 21; the District May 21 and June 11; Kentucky June 11; Illinois' Bridge Phase May 14 and Phase 5 June 11; Michigan June 22; Ohio June 2; Minnesota May 28 and June 30; Nebraska May 24; Vermont June 14; Maine May 24 and June 30; New Hampshire May 7 and June 11; Colorado's Dial to April 16 with 500-person distancing rules to June 1; Utah's face-covering order, the last of its exposure controls, April 10 and its order-of-constraint regime; Virginia May 28; North Carolina May 14; West Virginia April 20 and its face-covering order, the last of its exposure controls, June 20; Nevada's county plans May 1 to June 1 with Clark County at 80 percent and its Board's protocols to June 1; California's Blueprint to June 15; Oregon's and Washington's caps to June 30; New Mexico's color framework to June 30; Hawaii's intercounty quarantine to June 14 and its Safe Travels regime throughout.¹⁵⁷ The casino regulators followed: Massachusetts rescinded its orders 12:01 a.m. May 29 on conditions; Nevada's Board rescinded the gaming-floor protocols June 1; Louisiana's Order No. 24 removed the caps April 1 but kept mandatory distancing in "all amenity areas"; New Jersey's DGE standards ran to the Governor's May 19 to June 4 orders.¹⁵⁸ Federally the conveyance order (with SD 1582/84-21-01A from May 12), the inbound testing order, Proclamations 10143 and 10199 (India from May 4), the land-border notices, the Conditional Sailing Order and its technical instructions of May 5, the federal-building cap to June 10, the eviction moratorium, the DOT minimum-service order of April 29 and OSHA's healthcare emergency temporary standard of June 21 were in force.¹⁵⁹ Hawaii's Twenty-First Proclamation of June 7 required every hotel operator to adopt, publish and file a COVID-19 Health and Safety Plan and to house guests who test positive or are close contacts, and continued the statewide face-covering requirement, the airborne-transmission control on every indoor space, and the Safe Travels rules.¹⁶⁰ The metros stepped down on their own dates: New York City revoked its hotel verification rule May 22; Chicago converted its travel order to an advisory June 29; Los Angeles County's Beyond the Blueprint order took effect June 15; Philadelphia's Full Reopening Order bound every business from June 15; Cambridge delayed Phase IV to May 6; Dane County's orders expired June 2; Milwaukee's June 1; Baltimore's May 15 and July 1.¹⁶¹

The orders reached the functions as follows. LG: capped in Massachusetts at 40 percent to May 29 and in New Mexico to June 30; hotel plans mandated in Hawaii from June 7; Safe Travels on every Hawaii arrival; Rhode Island's quarantine to July 6. FB, MC and AM: capped through each State's step dates (Connecticut May 20; Rhode Island May 21; New Jersey June 4; New York June 15; Illinois June 11; Michigan June 22; Oregon and Washington June 30; New Mexico June 30; California June 15), with casinos under regulator conditions to May 29 (Massachusetts) and June 1 (Nevada) and Louisiana's distancing throughout. TV: the conveyance, testing, entry, border and cruise orders on every day. GS: the spring convention season under caps that lifted only in its last weeks. HK: the regulators' conditions; Hawaii's plans. WF: the transit exposure controls; school and quarantine rules. CB: the international guest excluded; the Hawaii guest quarantined or tested.¹⁶²

During the calendar quarter beginning April 1, 2021 and ending June 30, 2021, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19, namely the capacity, gathering and travel orders in force to their stepped expiry between April 1 and June 30, 2021 (Ex. MA-045; Ex. MA-048; Ex. CT-046; Ex. RI-040; Ex. RI-043; Ex. NJ-047; Ex. NJ-050; Ex. NY-054; Ex. NY-057; Ex. PA-033; Ex. PA-036; Ex. MD-095; Ex. DC-073; Ex. KY-049; Ex. IL-054; Ex. IL-037; Ex. MI-076; Ex. CO-051; Ex. NV-038; Ex. CA-029; Ex. OR-043; Ex. WA-064; Ex. NM-057), Hawaii's proclamations and quarantines (Ex. HI-020; Ex. HI-021; Ex. HI-023; Ex. HI-031), the casino regulators' conditions (Ex. AGY-ST-GAMING-RACING-037; Ex. NV-074; Ex. AGY-ST-GAMING-RACING-074), the metro orders (Ex. MET-NYC-013; Ex. MET-CHI-020; Ex. MET-LA-017; Ex. MET-PHL-018; Ex. MET-BOS-033) and the federal conveyance, testing, entry, border, cruise, workplace and eviction orders (Ex. FED-020; Ex. FED-051; Ex. FED-042; Ex. FED-208; Ex. FED-031; Ex. FED-032; Ex. FED-271; Ex. FED-024), caused a temporary delay, interruption or termination of a more than nominal portion of the operations of employers in this industry throughout the United States. They did so by keeping the caps on rooms, tables, ballrooms and gaming floors until the last weeks of the quarter in most of the industry's largest markets, and by placing the guest under the conveyance order's airborne-transmission controls, testing, quarantining or excluding him in every market.

The third quarter of 2021

Between July 1 and September 30, 2021, the operation of the hotel, lodging, travel, tourism and event-venue industry was partially suspended due to orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19. Orders in force on every day of the quarter governed every guest who arrived by air, rail, bus or ship, every foreign guest, every Canadian and Mexican day visitor, every cruise passenger, every guest arriving in Hawaii, and the on-site contractor workforce of every federal facility; orders in force throughout or issued inside the quarter imposed workplace infection-prevention and exposure-control requirements, universal indoor face coverings among them, on hotel lobbies, restaurants, bars and ballrooms in Hawaii on every day and, by reinstatement, in Louisiana, Nevada, Oregon, Washington, Illinois, New Mexico and the District of Columbia for every person, on the unvaccinated employee and patron in New York, California, Connecticut and New Jersey, and on every indoor public place in more than thirty of the largest cities and counties; conditioned entry to every hotel restaurant, bar, gym and indoor event space in New York City, San Francisco, New Orleans and Honolulu on proof of vaccination; capped every social gathering in Hawaii at ten indoors; placed every employee and patron on every gaming property in Louisiana (alongside the Board's distancing order) and in Nevada's largest counties (alongside the statutory cleaning, screening and testing standards of every public accommodation) under a face-covering condition of the license; and closed indoor and outdoor events in Honolulu from September 22. This section is written to be read alone.

A. The Service's premise about the quarter and what the statute asks

There were no government orders related to COVID-19 in effect during the quarter(s) you claimed ERC which could have fully or partially suspended your trade or business.

Letter 105C, form language on the suspension prong, letters issued since 2024

For the third quarter of 2021 that sentence is measured against the instruments listed in subpart B, each of which was in force on some day between July 1 and September 30, 2021, and most of which were in force on every day.¹⁶³

Section 3134(c)(2)(A)(ii)(I) asks whether "the operation of the trade or business ... is fully or partially suspended during the calendar quarter due to orders from an appropriate governmental authority limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes) due to the coronavirus disease 2019 (COVID-19)."¹⁶⁴ Congress enacted that clause for this quarter on March 11, 2021, five weeks after the conveyance order took effect and while the Conditional Sailing Order forbade every passenger voyage, and on November 15, 2021 it terminated the following quarter and left this one in place.¹⁶⁵ The Notice's rules carry into the quarter by Notice 2021-49: a modification required by order that "has more than a nominal effect on the business operations under the facts and circumstances" is a partial suspension; "requiring employees and customers to wear face coverings" and "limiting occupancy to provide for social distancing" are such modifications; an employer that "reduces its operating hours due to a governmental order is considered to have partially suspended its operations"; employers with locations under orders in some jurisdictions "are considered to have a partial suspension of operations" everywhere; and an employer suspended "during a portion of a calendar quarter is an eligible employer for the entire calendar quarter."¹⁶⁶

B. The instruments in force from July 1 through September 30, 2021

B-1. The federal conveyance order and its directives

Exhibits. Ex. FED-020; Ex. FED-051; Ex. FED-052.

Issuer. The Centers for Disease Control and Prevention under 42 U.S.C. § 264; the Transportation Security Administration under 49 U.S.C. § 114; the Federal Railroad Administration; the Coast Guard (whose bulletins are cited as the implementing announcements of the CDC order, not as orders).

Dates. The CDC order effective 11:59 p.m. February 1, 2021, "until further notice"; SD 1582/84-21-01A (May 12 to September 13, 2021) and -01B (announced August 20, 2021; effective September 14, 2021 to January 18, 2022); the aircraft directive SD 1544-21-02 and the airport directive SD 1542-21-01 and their successors; FRA Emergency Order 32 from March 1, 2021; Coast Guard MSIB 02-21 Change 2 (June 11, 2021) and Change 3 (September 2, 2021).

Operative clauses. "Persons must wear masks over the mouth and nose when traveling on conveyances into and within the United States. Persons must also wear masks at transportation hubs"; "A conveyance operator transporting persons into and within the United States must require all persons onboard to wear masks for the duration of travel"; "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 airport operator "must ensure direct employees, authorized representatives, tenants, and vendors wear a mask at all times in or on the airport"; "Operators of transportation hubs must require all persons to wear a mask when entering or while" within the hub.

Enforcement. Criminal penalties under 42 U.S.C. § 271 and 42 C.F.R. § 70.18; civil penalties under 49 C.F.R. part 1503; refusal of boarding and removal; FRA civil penalties "of up to $118,826 for each day the violation continues."

Status. In force July 1 and September 30, 2021.

Functions reached. TV (every arriving guest under the order's airborne-transmission controls from departure to arrival), WF (every employee who commuted by bus, rail, ferry or rideshare), FB and AM (every airport hotel, retail tenant and shuttle), CB.¹⁶⁷

B-2. The entry proclamations and the inbound testing order

Exhibits. Ex. FED-207; Ex. FED-208; Ex. FED-042.

Issuer. The President under 8 U.S.C. § 1182(f); the CDC under 42 U.S.C. § 264.

Dates. Proclamation 10143 effective January 26 and 30, 2021 (Schengen Area, United Kingdom, Ireland, Brazil, South Africa), continuing Proclamations 9984 and 9992 (China, Iran) until terminated by the President; Proclamation 10199 effective May 4, 2021 (India); each revoked effective 12:01 a.m. November 8, 2021 by Proclamation 10294; the testing order effective January 26, 2021.

Operative clauses. "The entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, and the Federative Republic of Brazil during the 14-day period preceding their entry or attempted entry into the United States, is hereby suspended and limited"; "This Order prohibits the introduction into the United States of any aircraft passenger departing from any foreign country unless the passenger" holds a negative pre-departure test or documentation of recovery.

Enforcement. Implementation by the Departments of State and Homeland Security; carriers required to refuse boarding.

Status. In force July 1 and September 30, 2021.

Functions reached. TV, CB (the European, British, Irish, Brazilian, South African, Indian and Chinese leisure and convention guest excluded for the whole quarter), GS (every inbound group from those markets), HR (the foreign seasonal worker).¹⁶⁸

B-3. The land-border notices

Exhibits. Ex. FED-232; Ex. FED-233; Ex. FED-234; Ex. FED-235; Ex. FED-255; Ex. FED-256; Ex. FED-257; Ex. FED-258.

Issuer. The Secretary of Homeland Security under 19 U.S.C. § 1318(b).

Dates. The 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, each for Canada and for Mexico; the notification of October 15, 2021 announced the lifting for vaccinated travelers on November 8, 2021.

Operative clause (unchanged from March 2020). Land ports of entry "will suspend normal operations and process for entry only those travelers engaged in 'essential travel'"; "The following travel does not fall within the definition of 'essential travel' for purposes of this Notification: Individuals traveling for tourism purposes (e.g., sightseeing, recreation, gambling, or attending cultural events)."

Enforcement. CBP refusal of processing.

Status. In force July 1 and September 30, 2021.

Functions reached. TV, CB and GS for every northern-border and southern-border market (Buffalo, Detroit, Seattle, the Vermont, New Hampshire and Maine border counties, San Diego, El Paso, the Rio Grande Valley, Las Vegas's Canadian and Mexican visitors, the Florida and Arizona snowbird markets).¹⁶⁹

B-4. The Conditional Sailing Order and the Coast Guard bulletins

Exhibits. Ex. FED-031; Ex. FED-032.

Issuer. The CDC; the Coast Guard, whose MSIB 02-20 Change 7 of May 5, 2021, the current bulletin through the quarter, is cited as the announcement of the Captain of the Port requirements under 33 C.F.R. § 160.216 and not as an order.

Dates. The Framework of October 30, 2020; the technical instructions of April 2 to May 5, 2021; the Order was extended post-period on October 25, 2021 to January 15, 2022 (Ex. FED-033, cited for the Order's continuation beyond the quarter and not as an instrument in force in it).

Operative clause. "This Order establishes a framework for a phased approach to resuming cruise ship passenger operations in U.S. waters," with simulated voyages, a certification process and testing and vaccination thresholds for restricted revenue voyages.

Status. In force July 1 and September 30, 2021 in every port outside Florida; as to Florida ports, in force to July 23, 2021 and thereafter administered as recommendations under the preliminary injunction in Florida v. Becerra, with the Captain of the Port requirements that MSIB 02-20 Change 7 announced, the conveyance order and the inbound testing order binding every Florida port throughout; the first restricted revenue voyages sailed from Florida, Texas, Washington and Alaska ports under the Order's certificates in June and July 2021.

Functions reached. TV, LG and GS (the pre- and post-cruise hotel night and the shore excursion in Miami, Fort Lauderdale, Port Canaveral, Tampa, Galveston, New Orleans, Seattle, Los Angeles, San Diego, Honolulu and Juneau), AM (the tour operators whose ships were the guests' conveyance).¹⁷⁰

B-5. The Title 42 order

Exhibit. Ex. FED-038.

Issuer. The CDC.

Date. Reassessed and continued August 2, 2021, "until either the expiration of the Secretary of HHS' declaration that COVID-19 constitutes a public health emergency, or the CDC Director determines that the danger of further introduction of COVID-19 into the United States has declined."

Status. In force throughout.

Functions reached. TV, CB, WF in the border markets.¹⁷¹

B-6. The federal workplace and contractor orders

Exhibits. Ex. FED-060; Ex. FED-272; Ex. FED-278; Ex. FED-063; Ex. FED-064; Ex. FED-275.

Issuer. The President; the Safer Federal Workforce Task Force; the Department of Transportation.

Dates. EO 13991 from January 20, 2021; the Task Force's model safety principles of July 29, 2021 (on-site contractors to attest to vaccination or submit to testing, masking and distancing); the Certification of Vaccination form of August 6, 2021; EO 14042 and EO 14043 of September 9, 2021; the Task Force's determination of September 24, 2021; DOT Acquisition Directive 2021-02 of September 17, 2021 ("This DAD is effective immediately").

Operative clauses. "Each agency shall implement ... a program to require COVID-19 vaccination for all of its Federal employees"; EO 14042 applied to "new contracts; new contract-like instruments; new solicitations ...; extensions or renewals of existing contracts."

Status. In force in the quarter.

Functions reached. LG, MC and GS (every hotel that houses federal travelers, hosts federal meetings or holds a GSA lodging or conference contract), HR and WF (every hotel contractor's on-site workforce at a federal facility), OP.¹⁷²

B-7. The Hawaii instruments

Exhibits. Ex. HI-023; Ex. HI-024; Ex. HI-025; Ex. HI-031; Ex. HI-003.

Issuer. The Governor of Hawaii under HRS chapter 127A.

Dates. The Twenty-First Proclamation (June 7 to August 6, 2021); the Emergency Proclamation Related to the COVID-19 Response (August 5, 2021; employee attestation and testing from August 16); Executive Order 21-05 (August 10, 2021, restated as Exhibit F of the October 1, 2021 Delta Response Proclamation); the Safe Travels quarantine of every arrival since 12:01 a.m. March 26, 2020, ten days since December 17, 2020, with test and vaccination exceptions, served on each arriving traveler by the Order for Self-Quarantine.

Operative clauses. "All persons in the State shall wear a face covering over their nose and mouth as set forth in Exhibit A, which shall be enforced by each county"; "Indoor social gatherings of more than ten persons and outdoor social gatherings of more than twenty-five persons are prohibited"; "Restaurants, bars, and social establishments will implement the following guidelines while maintaining the required social gathering" limits; every hotel operator to adopt, publish and file a COVID-19 Health and Safety Plan and to house guests who test positive or are close contacts; "all State and county employees must attest ... whether they are (1) fully vaccinated for COVID-19; (2) partially vaccinated ...; or (3) not vaccinated" and, absent proof by August 16, submit to weekly testing.

Enforcement. HRS § 127A-25 rules "with force of law"; HRS § 127A-29 misdemeanor "unless noncompliance is designated by a county as a lesser offense"; county enforcement of every measure.

Status. In force July 1 (the Twenty-First Proclamation and Safe Travels) and September 30, 2021 (the August 5 proclamation, EO 21-05 and Safe Travels); the statewide caps ran to December 1, 2021 and the face-covering rule, an airborne-transmission control enforced by each county, and the travel rules through 11:59 p.m. March 25, 2022.

Functions reached. LG (every arriving guest quarantined unless tested or vaccinated; every hotel under a filed plan; every positive guest housed in place), FB and AM (every restaurant, bar and pool at the spacing and gathering limits), MC and GS (every wedding, meeting and banquet capped at ten indoors), HK, WF, CB.¹⁷³

B-8. The Honolulu, Maui and Kauai instruments

Exhibits. Ex. MET-HNL-033; Ex. MET-HNL-035; Ex. MET-HNL-037; Ex. MET-HNL-038; Ex. MET-HNL-052; Ex. MET-HNL-085.

Issuer. The Mayors of the City and County of Honolulu, the County of Maui and the County of Kauai under HRS §§ 127A-12(c), 127A-13(b) and 127A-25 with the Governor's approval.

Dates. Honolulu EO 2021-10 (August 23, 2021); EO 2021-11, Safe Access O'ahu (August 30, 2021; effective September 13, 2021); the Fifteenth Proclamation (August 23, 2021); Proclamation and EO 2021-13, the Safe O'ahu Response Plan (September 17, 2021; effective September 22 to October 19, 2021) with Exhibit B; Maui's Public Health Emergency Rules effective September 15, 2021; Kauai's Tenth Supplementary Emergency Proclamation of August 16, 2021.

Operative clauses. "Effective September 13, 2021, all covered entities shall not permit" patrons to enter without proof of full vaccination or a negative test within 48 hours, and every employee and contractor to show vaccination or weekly testing, at restaurants, bars, gyms, theaters and venues; "Effective September 22 through October 19, 2021," Indoor Events, Outdoor Events I, II and III are closed and "all death related events" are limited to ten persons indoors; "Restaurants and Bars in the City may only provide seated table service" with "Each facility and room (as applicable) ... limited to no more than fifty percent (50%) of its maximum occupant load" and liquor service ended "at or before 10" p.m.; on Maui, "Indoor social gatherings of up to 5 persons are permitted and outdoor social gatherings of up to 10 persons are permitted" and "Businesses shall refuse to allow entry to persons not wearing face" coverings.

Enforcement. Misdemeanor; fines up to $5,000 and up to a year in jail; liquor licensees referred to the Liquor Commission.

Status. Issued and in force inside the quarter; in force September 30, 2021.

Functions reached. FB and AM (every hotel restaurant, bar, pool and gym on O'ahu and Maui), MC and GS (every hotel ballroom on O'ahu closed to events from September 22), LG, HK, WF, CB.¹⁷⁴

B-9. The Nevada instruments

Exhibits. Ex. NV-041; Ex. NV-042; Ex. NV-044; Ex. NV-051; Ex. NV-074; Ex. NV-054.

Issuer. The Governor of Nevada under the Declaration of Emergency; the Nevada Gaming Control Board; the Legislature and the Board of Health.

Dates. Directive 047 (July 27, 2021; effective 12:01 a.m. July 30, 2021); Gaming Control Board Industry Notice 2021-71 (July 27, 2021; effective July 30, 2021); Directive 048 (August 4, 2021); Directive 050 (September 2, 2021); Industry Notice 2021-48 (in force from June 1, 2021 as the Board's statement of what remained); SB 4 (32nd Special Session), enrolled August 11, 2020, and NAC chapter 447E (from August 31, 2020; amended April 30, 2021) (Ex. NV-054; Ex. NV-053).

Operative clauses. Individuals "shall be required to cover their nose and mouth with a mask or face covering in a manner consistent with the guidance issued by the CDC" in counties of substantial or high transmission; "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," Clark and Washoe among the counties named; "indoor public setting" defined to include "office buildings, breakrooms, hallways, cafeterias, meeting rooms"; "For certain large events or conventions held in counties where face coverings are required indoors ... fully vaccinated attendees and fully vaccinated staff may remove their face coverings inside the venue" only if the organizer certifies proof of vaccination of every attendee; the public-accommodation standards of NAC chapter 447E (cleaning, daily housekeeping, distancing protocols, employee testing on return to work, daily temperature screening, written response plans and health-authority inspection).

Enforcement. NV OSHA; the Board's disciplinary authority under Regulation 5.011; certification to Business and Industry and the local health authority.

Status. Directive 047 and Notice 2021-71 in force from July 30 through September 30, 2021 and beyond; Directive 050 from September 2; SB 4 throughout.

Functions reached. AM (every gaming floor in Clark and Washoe Counties under the face-covering condition the Board imposed, an exposure control enforced under Regulation 5.011), FB, MC and GS (every convention of 4,000 or more conditioned on certified vaccination for an exception from the face-covering requirement), HK (every public accommodation under the statutory cleaning and screening regime), LG, WF, CB.¹⁷⁵

B-10. The Louisiana instruments

Exhibits. Ex. LA-036; Ex. LA-038; Ex. LA-040; Ex. AGY-ST-GAMING-RACING-074; Ex. AGY-ST-GAMING-RACING-076; Ex. AGY-ST-GAMING-RACING-078; Ex. MET-MSY-027; Ex. MET-MSY-029; Ex. MET-MSY-063.

Issuer. The Governor of Louisiana; the Louisiana Gaming Control Board; the Mayor and Health Department of New Orleans; Jefferson Parish.

Dates. Proclamation 137 JBE 2021 (August 2, 2021; effective August 4), renewed by 167 JBE 2021 (September 1) and 181 JBE 2021 (September 29, to October 27, 2021); LGCB Order No. 24 (April 29, 2021, in force throughout), Order No. 27 (August 4, 2021), Order No. 29 (September 22, 2021); New Orleans guidelines effective 6:00 a.m. July 31, 2021 (face coverings) and 6:00 a.m. August 16, 2021 (vaccination or test for entry to indoor establishments; City enforcement from August 23); Jefferson Parish face coverings from August 4, 2021.

Operative clauses. "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"; "Citations under this Section shall be written only to businesses or organizations, other than religious organizations, that fail to enforce the requirement to wear face coverings"; "The licensee shall practice and enforce CDC social distancing guidelines to avoid crowding/grouping of persons 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"; "All employees shall be provided with a face covering and shall be required to wear a face covering in any indoor area of the gaming property," and "Licensees shall require all persons entering" to do the same; casinos "shall not be required to maintain total employment and minimum payroll conditions and requirements until all capacity, and gaming position and device limitations are lifted by state and local authorities, and until patron admissions for any three-month period, determined monthly on a rolling basis, reaches the admission level for the same three-month period of 2019"; in New Orleans, "All individuals over the age of 2 ... are required to wear a face covering over the nose and mouth: At all times when in indoor spaces outside the" home, and "proof of vaccination or frequent testing with negative test results shall be required prior to entry into indoor establishments."

Enforcement. La. R.S. 29:724(E); citations to businesses; GOHSEP and the State Fire Marshal "directed to ensure compliance"; the Board's license conditions under La. R.S. 27:15; New Orleans' Department of Safety and Permits.

Status. Order No. 24 in force July 1 and September 30; the face-covering proclamations, Order No. 27 and the New Orleans rules in force from their dates through September 30, 2021 and beyond.

Functions reached. AM (every gaming property), FB, MC and GS (every hotel restaurant, bar, ballroom and event in the State under the face-covering requirement, the airborne-transmission control the Governor placed on every indoor space and enforced by citation against the business that failed to enforce it; every indoor establishment in New Orleans conditioned on vaccination or a test), LG, HK, WF (the Board's own recital that casino admissions had not returned to 2019 levels), CB.¹⁷⁶

B-11. The New York instruments

Exhibits. Ex. NY-134; Ex. NY-133; Ex. NY-073; Ex. NY-071; Ex. MET-NYC-017; Ex. MET-NYC-018; Ex. MET-NYC-019; Ex. MET-NYC-021; Ex. MET-NYC-046.

Issuer. The New York State Department of Health and the Public Health and Health Planning Council; the Commissioner of Health; the Mayor of New York.

Dates. 10 NYCRR Subpart 66-3 (emergency rule of May 26, 2021, readopted June 23, 2021, to August 27, 2021); the Commissioner's Determination on Indoor Masking under 10 NYCRR 2.60 (August 27, 2021, "until this determination is modified or rescinded"); 10 NYCRR 2.61 (August 26, 2021, health-care worker vaccination); Emergency Executive Order 225 (August 16, 2021; effective August 17; penalties from September 13), restated by EEO 228 (August 25), EEO 239 (September 14) and EEO 250 (September 24, 2021).

Operative clauses. "Any person who is over age two and able to medically tolerate a face-covering shall be required to cover their nose and mouth with a mask or face-covering when in a public place and unable to maintain, or when not maintaining, social distance, unless such person is fully vaccinated," and "Any employee who is present in the workplace and who is not fully vaccinated shall be provided and shall wear a mask or face-covering when in direct contact with customers or members of the public"; "a covered entity shall not permit a patron, full- or part-time employee, intern, volunteer, or contractor to enter a covered premises without displaying proof of vaccination and identification bearing the same identifying information as the proof of vaccination," the covered premises being indoor dining, indoor fitness and indoor entertainment and event spaces, including those inside hotels.

Enforcement. Public Health Law §§ 12 and 12-b; 10 NYCRR 2.60(f) fines up to $1,000 per violation per day; EEO 225 § 9 fines of not less than $1,000, $2,000 and $5,000 under Health Code §§ 3.07 and 3.11.

Status. Subpart 66-3 in force July 1 to August 27; the Commissioner's Determination from August 27; Key to NYC from August 17 through September 30, 2021 and beyond.

Functions reached. FB, AM, MC and GS (every hotel restaurant, bar, gym, ballroom and event space in New York City conditioned on proof of vaccination of every patron and every employee), HK, HR, WF (the unvaccinated-employee face-covering rule of Subpart 66-3, one of the State's workplace exposure-control requirements; the MTA's face-covering rule and $50 fine on the commuting workforce, the fine in force since September 14, 2020 and the rule carried by the conveyance order from February 1, 2021, as the MTA's release of September 22, 2021 records them, Ex. MET-NYC-046, context), CB.¹⁷⁷

B-12. The California and Bay Area instruments

Exhibits. Ex. CA-029; Ex. CA-035; Ex. MET-LA-018; Ex. MET-LA-021; Ex. MET-LA-054; Ex. MET-LA-056; Ex. MET-SFO-010; Ex. MET-SFO-011; Ex. MET-SFO-017; Ex. MET-SAC-015.

Issuer. The State Public Health Officer; the California Department of Public Health; the Health Officers of Los Angeles County, Pasadena, the City and County of San Francisco and Sacramento County.

Dates. The State Public Health Officer's order of June 11, 2021 (effective June 15; in force throughout); the CDPH face-covering guidance of July 28, 2021; Los Angeles County's universal indoor face-covering order effective 11:59 p.m. July 17, 2021 and its revision of August 16; Pasadena's outdoor mega-event face-covering order effective August 20 and indoor mega-event vaccination-or-test order effective September 15, 2021; the County's quarantine order revised August 26, 2021; San Francisco's Order No. C19-07y as updated August 2 (face coverings from August 3), August 12 (proof of vaccination from August 20), August 24 and September 10, 2021; Sacramento County's face-covering order effective 12:01 a.m. July 30, 2021.

Operative clauses. "All individuals must follow the requirements in the Guidance for the Use of Face Coverings issued by the California Department of Public Health" and "the requirements for Mega Events"; "Masks are required for all individuals in the following indoor settings, regardless of vaccination status: On public transit ... and in transportation hubs" and "masks are required for unvaccinated individuals in indoor public settings"; "Requires face masks to be worn by all persons, regardless of vaccination status, while in all indoor public settings and businesses"; "everyone, including people who are Fully Vaccinated, must wear a Well-Fitted Mask in indoor public settings"; "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," the Covered Businesses being indoor dining, bars, gyms and large indoor events; "Indoor Mega-Event organizers/operators must verify the full vaccination" status or a pre-entry negative test of every attendee at events of 1,000 or more, "conventions, conferences, expos, sporting events, concerts" among them; close contacts "are required to quarantine themselves" for ten days; 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."

Enforcement. Cal. Health & Safety Code § 120295 (misdemeanor); Los Angeles County Code § 11.02.080.

Status. The State order in force July 1 and September 30; the county face-covering, mega-event and quarantine orders from their dates through September 30, 2021 and beyond; the Los Angeles County order of September 17, 2021 issued within the quarter, its verification requirement operative October 7, 2021, and relied on for the compelled preparation it commanded from issuance.

Functions reached (the face-covering, vaccination-verification and quarantine rules being the workplace infection-prevention and exposure-control regime of these jurisdictions). FB, AM, MC and GS (every hotel restaurant, bar, gym and ballroom in Los Angeles County, San Francisco and Sacramento County; every convention of 1,000 or more in Pasadena and, under the State's mega-event rules, statewide), HK, WF (the quarantine order on exposed staff), CB.¹⁷⁸ The County's order of September 17, 2021 (Ex. MET-LA-020), effective October 7, 2021 (vaccination verification at bars, breweries, wineries, nightclubs and lounges and at outdoor mega events of 10,000 or more), is claimed only as an order issued within the quarter whose compelled preparation began on issuance (see the closing paragraph of this section).

B-13. The other statewide reinstatements

Exhibits. Ex. NM-060; Ex. NM-067; Ex. NM-070; Ex. IL-042; Ex. WA-072; Ex. WA-078; Ex. WA-080; Ex. WA-101; Ex. OR-048; Ex. DC-057; Ex. NJ-050; Ex. NJ-055; Ex. CT-045; Ex. CT-046; Ex. CT-050; Ex. CT-047; Ex. CT-052.

Issuer. The Secretaries of Health of New Mexico and Washington; the Governors of Illinois, Washington, New Jersey and Connecticut; the Oregon Health Authority; the Mayor of the District of Columbia.

Dates. New Mexico's public health orders of June 30 (effective July 1: face coverings for the unvaccinated; "all businesses, establishments, and non-profit entities" bound to the COVID-Safe Practices; rapid-response reporting), August 17 (universal indoor face coverings from August 20) and September 15, 2021 (to October 15); Illinois EO 2021-20 (August 26, 2021; face coverings from August 30); Washington's Proclamation 20-25.14 (July 1, 2021) with the Washington Ready plan (large indoor events over 10,000 at 75 percent unless vaccination verified), Secretary of Health Order 20-03.4 (August 19; effective August 23) and Proclamation 20-25.15 (August 20; effective August 23); Oregon's OAR 333-019-1025 (filed August 11; effective August 13, 2021); the District's Mayor's Order 2021-097 (July 29; effective 5:00 a.m. July 31, 2021); New Jersey's EO 242 (unvaccinated employees to wear face coverings in indoor worksites; daily employee health checks; municipal power to require indoor face coverings) and EO 251 (school face coverings from August 9, 2021); Connecticut's Executive Order No. 12A (May 20, 2021; extended by Executive Order No. 13 and repealed and replaced August 5, 2021 by Executive Order No. 13A) (Ex. CT-045) and Executive Order No. 13A (August 5, 2021; through September 30, 2021) (Ex. CT-050), with the Department of Public Health's universal-masking rule of May 20, 2021 and order of August 7, 2021 (Ex. CT-047; Ex. CT-052) (face coverings for the unvaccinated and universal face coverings in the DPH-listed settings; municipal power to require them indoors), the face-covering and municipal-power provisions also carried by Executive Order No. 12B to July 20, 2021 (Ex. CT-046).

Operative clauses. "all individuals age 2 years and older shall wear a mask or multilayer cloth face covering in all indoor public settings except when eating or drinking"; "all individuals in Illinois who are age two or over and able to medically tolerate a face covering ... shall be required to cover their nose and mouth with a face covering when in an indoor public place"; "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," and "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"; "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"; "All persons must wear masks indoors as prescribed by DC Health guidance and regulations."

Enforcement. New Mexico civil penalties up to $5,000 per violation; Illinois 20 ILCS 3305/7 and 19; Washington RCW 43.06.220(5) criminal penalties and L&I enforcement; Oregon civil penalty up to $500 per day per violation; the District's license suspensions and $1,000 fines.

Status. New Mexico's June 30 order in force July 1; each reinstatement in force from its date through September 30, 2021 and beyond.

Functions reached. LG, FB, MC, AM, GS, HK, WF, CB in New Mexico, Illinois, Washington, Oregon, New Jersey, Connecticut and the District, each under the airborne-transmission control the reinstatement imposed on every indoor public space and, in New Mexico, under the COVID-Safe Practices the June 30 order made binding on every business.¹⁷⁹

B-14. The metro reinstatements

Exhibits. Ex. MET-CHI-026; Ex. MET-CHI-041; Ex. MET-PHL-018; Ex. MET-PHL-019; Ex. MET-PHL-020; Ex. MET-BOS-013; Ex. MET-BOS-014; Ex. MET-BOS-063; Ex. MET-STL-021; Ex. MET-STL-022; Ex. MET-DEN-023; Ex. MET-DEN-033; Ex. MET-ATL-016; Ex. MET-ATL-017; Ex. MET-KC-002; Ex. MET-KC-003; Ex. MET-KC-006; Ex. MET-KC-045; Ex. MET-MKE-023; Ex. MET-DCM-023; Ex. MET-SAT-066; Ex. MET-HOU-038; Ex. MET-SEA-001; Ex. MET-LAS-006.

Issuer. The health commissioners, mayors, boards of health and county authorities of Chicago and Cook County, Philadelphia, Boston and Somerville, St. Louis City, Denver and Boulder County, Savannah, Kansas City, Madison and Dane County, Montgomery County, Bexar County, Harris County, King County and Clark County.

Dates. Chicago's Public Health Order 2021-1 (August 20, 2021) and Cook County's Order 2021-10 (effective August 23); Philadelphia's Full Reopening Order (June 15, 2021, in force throughout) and its indoor face-covering amendment (effective 12:01 a.m. August 12, 2021), adopted by the Board of Health August 13; Boston's order effective 8:00 a.m. August 27, 2021 and Somerville's of August 19; St. Louis's Order No. 1 (2021) effective 12:01 a.m. July 26, 2021 and Order No. 2 of August 30; Denver's vaccination order of August 2 (personnel "to be fully vaccinated by September 30, 2021") and Boulder County's PHO 2021-08 effective 5:00 p.m. September 3, 2021; Savannah's orders of July 26 and August 24, 2021; Kansas City's Order 21-01 (July 30, 2021; effective 12:01 a.m. August 2, 2021), continued by Ordinance 210694 (August 19, 2021) and Ordinance 210853 (September 23, 2021), and Jackson County's Health Order of August 6, 2021; Madison and Dane County's order effective 12:01 a.m. August 19, 2021; Montgomery County's regulation effective August 7, 2021; Bexar County's and Harris County's school directives of August 10 and 12, 2021; Clark County's employee face-covering measure of July 20-22, 2021.

Operative clauses. Masks required "when indoors in any public place," with "any business that fails to enforce this Order ... subject to sanctions, including, but not limited to, closure" (Chicago), and in "hotels" by name (Cook County); "All businesses that are operating within the City of Philadelphia must comply with the following requirements" (Philadelphia); "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" (Boston); "no group in excess of 50 persons shall gather on any City-owned right-of-way, park, square, sidewalk or City-owned property," with event cancellations and permit revocations through September 30, 2021 (Savannah); "verification that they are fully vaccinated is required prior to entry" to outdoor events of 500 or more and indoor restaurants, bars and taverns (King County).

Enforcement. Closure, fines up to $2,000 per violation, license suspension, court orders.

Status. Philadelphia's order in force July 1; each reinstatement in force from its date through September 30, 2021 and beyond.

Functions reached. LG, FB, MC, AM, GS, HK, WF, CB in the named metros, each under the exposure-control requirement the reinstatement placed on the premises of every business open to the public, enforced by closure, fine or license suspension.¹⁸⁰ King County's Verification of Vaccination Order of September 16, 2021 (Ex. MET-SEA-001), issued "EFFECTIVE IMMEDIATELY" with its entry rules operative October 25, 2021, is claimed as an order issued within the quarter whose compelled preparation began on issuance (see the closing paragraph of this section).

B-15. The Kansas, Rhode Island, Texas and Florida instruments

Exhibits. Ex. KS-056; Ex. KS-057; Ex. RI-043; Ex. RI-047; Ex. TX-036; Ex. TX-032; Ex. FL-030; Ex. GA-043; Ex. ECO-C-069; Ex. ECO-C-070.

Issuer. The Kansas Department of Health and Environment; the Governor of Rhode Island; the Governor and Legislature of Texas; the Florida Legislature; the Governor of Georgia; the Supreme Court of Texas.

Dates and operative clauses. KDHE's mandate, updated June 3 and September 23, 2021, that "Those who are unvaccinated and have traveled to the following locations need to quarantine upon arrival in Kansas," including after "Attendance at any gathering of 500 or more where individuals do not socially distance (6 feet) and wear a mask" and after having "Been on a cruise ship or river cruise on or after March 15, 2020," enforceable under K.S.A. 65-129; Rhode Island's EO 21-68 (June 18, 2021): "Any person arriving from a location outside the United States and U.S. territories must immediately self-quarantine for 10 days upon arrival in Rhode Island" and any non-work arrival from a high-spread location likewise, in force to its termination by EO 21-76 on July 6, 2021; GA-38 (July 29, 2021), requiring every testing entity to report daily to DSHS and forbidding any governmental entity to compel vaccination, with a $1,000 fine on local officials who impose contrary rules, and SB 968 (June 16, 2021); Florida's section 381.00316 (effective July 1, 2021): "A business entity ... may not require patrons or customers to provide any documentation certifying COVID-19 vaccination or post-infection recovery to gain access to, entry upon, or service from the business operations in this state," with a $5,000 fine per violation; Georgia's EO 08.19.21.03 (August 19, 2021), requiring every organization continuing in-person operations to "implement measures which mitigate the exposure and spread of COVID-19 among its workforce and patrons" while suspending local ordinances that compel business enforcement, a misdemeanor to violate; the Supreme Court of Texas's Thirty-Eighth (June 1 to August 1) and Fortieth (August 1 to October 1) Emergency Orders, under which "a court must permit the participant to participate remotely in any proceeding" and jury proceedings ran under approved local plans; the Forty-Third Emergency Order (Ex. ECO-C-071), issued September 21, 2021 and effective October 1, 2021, is cited only as the continuation of the series and is not claimed as in force in the quarter.

Status. In force in the quarter on the dates stated.

Functions reached. TV and CB (Kansas and Rhode Island arrivals), LG, FB and MC (every Florida hotel forbidden the entry condition that New York, San Francisco, New Orleans and Honolulu required, and every Texas and Georgia hotel bound by the State's regime in place of the local one), WF and GS (the court orders on the litigation-travel and jury-service calendar).¹⁸¹

B-16. The territorial and tribal instruments

Exhibits. Ex. AGY-TERRITORIES-033; Ex. AGY-TERRITORIES-034; Ex. AGY-TERRITORIES-035; Ex. AGY-TERRITORIES-036; Ex. AGY-TERRITORIES-065; Ex. AGY-TERRITORIES-110; Ex. AGY-TRIBAL-019; Ex. AGY-TRIBAL-020; Ex. AGY-TRIBAL-021; Ex. AGY-TRIBAL-040.

Issuer. The Governors of Puerto Rico, the Virgin Islands and Guam; the Navajo Department of Health; the President of the Mescalero Apache Tribe.

Dates and operative clauses. Puerto Rico's OE-2021-062 (August 5; effective August 16, 2021), requiring employees "of hotels, paradores, lodgings and short-term rentals" to be vaccinated or "get tested for COVID-19 on a weekly basis," with "The management of these locations" responsible for compliance; OE-2021-063 (effective August 23) and OE-2021-064 (effective August 30), requiring vaccination or weekly testing of employees and proof of vaccination or a negative test of every visitor to restaurants, bars, theaters, casinos, gyms and activity centers; OE-2021-065 (effective September 2), ordering businesses closed between midnight and 5:00 a.m. and "the mandatory usage of face masks in all indoor spaces"; the Virgin Islands' Twenty-Seventh Supplemental Order (effective August 13, 2021), restricting mass gatherings to fifty persons "in a single room or single space at the same time" (one hundred if fully vaccinated and DOH-approved) and closing beaches to September 7; Guam's EO 2021-19 (August 20, 2021), under which restaurants, bars, gyms and similar indoor venues "may admit only patrons who show proof of COVID-19 vaccination"; the Navajo Nation's Yellow Status (50 percent of maximum occupancy for most businesses; roads closed to visitors) continued July 8 and Orange Status from August 12, 2021, and its Safe Schools Framework "declared binding on all schools" from July 8; the Mescalero Apache Tribe's EO 21-05 (effective August 20, 2021), requiring face coverings of every employee and contractor of every tribal enterprise, including its resort and casino, as a workplace exposure-control condition of employment, on pain of criminal penalty, discipline or removal from the Reservation.

Status. In force in the quarter from the dates stated.

Functions reached. LG, FB, MC, AM, HR, HK, WF, CB in the territories and on tribal lands, where the Notice itself confirms the credit applies.¹⁸²

B-17. The workforce and counterparty orders

Exhibits. Ex. FED-025; Ex. FED-026; Ex. HI-068; Ex. HI-069; Ex. MET-LA-021; Ex. HI-044; Ex. IL-040.

The CDC's eviction moratorium ran to July 31 and was re-imposed for high-transmission counties from August 3 to August 26, 2021; Washington's Proclamation 21-09 ran to September 30; the Hawaii Supreme Court postponed all jury trials on August 16 and September 29, 2021; Los Angeles County's quarantine order of August 26 required every close contact to stay home for ten days; Illinois', New Jersey's, Harris County's and Bexar County's school directives, and the Hawaii Department of Health's K-12 guidance (Ex. HI-044, cited as the Department's guidance under the Governor's proclamations), governed the children of the workforce from the first day of the school year. Functions reached. WF, HR, CB.¹⁸³

C. How the instruments reached the functions

LG, lodging and occupancy

Every guest arriving in Hawaii on every day of the quarter was quarantined for ten days unless tested or vaccinated under Safe Travels, and every hotel in the State operated under a filed Health and Safety Plan with a duty to house positive guests in place (B-7); every arrival in Kansas from a listed location or cruise, and every unvaccinated arrival in Rhode Island to July 6, was quarantined (B-15); every foreign guest from the proclamation countries was excluded and every other foreign guest tested before departure (B-2); every Canadian and Mexican leisure guest was turned back at the land border (B-3); every guest who flew, rode or sailed travelled under the conveyance order's airborne-transmission controls from departure to arrival (B-1); every lodging employee in Puerto Rico was vaccinated or tested weekly (B-16); every hotel in Chicago, Cook County, Philadelphia, Boston, St. Louis, Savannah, Kansas City, Madison, Montgomery County, Sacramento County, Los Angeles County, San Francisco, New Orleans, the District, New Mexico, Illinois, Washington, Oregon, Louisiana, Nevada's largest counties and Hawaii operated under the face-covering requirement, the airborne-transmission control each reinstatement imposed on every indoor public space, in its lobby and corridors, Hawaii on every day of the quarter and the others from the reinstatement date (B-7, B-9 to B-14); every public accommodation in Clark and Washoe Counties operated under the statutory cleaning, screening and inspection regime (B-9).

FB, food and beverage outlets

Every hotel restaurant and bar in New York City (from August 17), San Francisco (from August 20), New Orleans (from August 16) and Honolulu (from September 13) admitted no patron without proof of vaccination or, where permitted, a negative test, and checked identification at the door (B-8, B-10, B-11, B-12); every hotel restaurant and bar in Hawaii operated at the EO 21-05 spacing and gathering limits from August 10 and, on O'ahu, at 50 percent with a 10:00 p.m. liquor cutoff from September 22 (B-7, B-8); every hotel restaurant and bar in the reinstatement States and metros operated under the face-covering requirement, the airborne-transmission control of the reinstatement orders, on its staff and its patrons except while eating or drinking (B-9 to B-14); every Louisiana casino restaurant and bar sat under the Board's distancing order throughout and its face-covering order from August 4 (B-10); Puerto Rico's closed from midnight to 5:00 a.m. from September 2 (B-16).

MC, meetings, conventions and banquets, and GS, group sales

Every indoor event on O'ahu was closed from September 22 to October 19, 2021, and every social gathering in Hawaii capped at ten indoors and twenty-five outdoors from August 10 (B-7, B-8); every indoor mega-event of 1,000 or more in Pasadena and, under the State's rules, in California verified vaccination or a test of every attendee (B-12); every convention of 4,000 or more in Nevada's face-covering counties obtained an exception from the face-covering requirement only by certifying vaccination of every attendee (B-9); every indoor event space in New York City, San Francisco and New Orleans admitted no one without proof of vaccination (B-8, B-10, B-11); every gathering on City property in Savannah was capped at fifty and every permitted event through September 30 cancelled (B-14); every mass gathering in the Virgin Islands was capped at fifty (B-16); every large indoor event in Washington over 10,000 was capped at 75 percent absent vaccination verification (B-13); every inbound group from the proclamation countries and across the land borders was excluded (B-2, B-3); every federal meeting and lodging contract carried the Task Force's and EO 14042's conditions (B-6). The group contract booked in 2019 for the fall of 2021 met, in these markets, an order that capped it, placed it under face-covering and screening conditions, conditioned it on vaccination or closed it.

AM, amenities

Every gaming floor in Clark and Washoe Counties placed every employee, patron and guest under the face-covering condition of the license from July 30 (B-9); every gaming property in Louisiana enforced distancing in "all amenity areas" throughout and required a face covering of every entrant from August 4 (B-10); every casino in Puerto Rico conditioned entry on vaccination or a test from August 30 (B-16); the Mescalero resort and casino required face coverings of every employee from August 20 as a workplace exposure-control condition of employment (B-16); every hotel gym in New York City, San Francisco, New Orleans and Honolulu conditioned entry on vaccination (B-8, B-10, B-11, B-12); every hotel pool and gym in Hawaii operated under the county rules and the statewide caps (B-7, B-8); every tour operator whose guests arrived by cruise operated under the Conditional Sailing Order (B-4).

TV, travel demand, and CB, the customer base

The conveyance order, the inbound testing order, the entry proclamations, the land-border notices, the Title 42 order and the Conditional Sailing Order were in force on every day of the quarter (B-1 to B-5); Hawaii's quarantine on every arrival, Kansas's on listed arrivals and Rhode Island's to July 6 were in force (B-7, B-15); the guest who reached the hotel in the reinstatement markets was under the face-covering requirement, the exposure control of the reinstatement orders, in its public spaces and, in four of the largest markets, screened for vaccination at its restaurant door.

HK, HR, OP and WF

The regulators' plans (Hawaii), standards (Nevada), distancing and face-covering orders (Louisiana) and the face-covering orders of the seven States and the District that required them of every person, the four States that required them of the unvaccinated, and the metros, the workplace infection-prevention and exposure-control requirements of the quarter, prescribed the operating protocol; Puerto Rico's and Denver's orders and the federal contractor rules prescribed vaccination or testing of staff; the eviction moratoria, quarantine directives, school face-covering and quarantine rules, the transit exposure controls and court orders governed where the workforce lived, whether it could report and what its children did during the shift.

D. Continuing suspension

The clause asks whether the operation "is fully or partially suspended during the calendar quarter." The phrase "during the calendar quarter" modifies "suspended"; Congress did not write "orders in effect during the quarter." An operation whose interruption began under an order in force before the quarter and continued into the quarter is suspended during the quarter, and Tri-State's definition, under which a suspension includes a "delay," describes exactly that state.¹⁸⁴ The Notice agrees: an employer suspended during "a portion of a calendar quarter is an eligible employer for the entire calendar quarter," and an employer that incurs a delay in restoring comparable operations "may be deemed subject to a partial suspension during that transition period."¹⁸⁵

The arithmetic

The orders' own phase steps fix the arithmetic. A Nevada casino hotel ordered dark on March 17, 2020 reopened June 4, 2020 under Board policies that removed positions and closed showrooms and buffets, was cut to 25 percent on November 24, 2020, stepped to 35 percent on February 15, 2021, 50 percent on March 15, 80 percent under Clark County's plan on May 1, and 100 percent on June 1, 2021, twenty-nine days before the quarter, and was placed under the face-covering condition, with the Board's exposure controls, again on July 30.¹⁸⁶ A Massachusetts casino closed March 15, 2020 reopened July 6, 2020 with three players per table and no craps, roulette or poker, at 25 percent from December 26, 2020, about 40 percent from March 11, 2021, and without conditions from May 29, 2021, thirty-three days before the quarter.¹⁸⁷ A New Mexico hotel capped at 25 percent in April 2020 and at 40 to 100 percent by county color from December 2, 2020 reached uncapped operation on July 1, 2021, the first day of the quarter, and was placed under universal indoor face coverings, the airborne-transmission control added to its binding COVID-Safe Practices, again on August 20.¹⁸⁸ A Hawaii resort whose every guest had been quarantined since March 26, 2020 received its first vaccinated domestic guests without quarantine on July 8, 2021, seven days into the quarter, and was capped, placed under face-covering and gathering controls and, on O'ahu, closed to events again between August 5 and September 22.¹⁸⁹ A New York City hotel ballroom capped at 50, 25 and 10 through the winter, at 33 percent from April 2, 2021 and uncapped from June 15, 2021 was conditioned on proof of vaccination of every guest from August 17.¹⁹⁰ A Chicago hotel forbidden to host any meeting from November 20, 2020 to February 2021 and capped through the Bridge Phase reached Phase 5 on June 11, 2021 and was placed under the City's face-covering order, an exposure-control requirement enforced against the business by sanction up to closure, again on August 20; McCormick Place, "closed since March of 2020," held its first events in July 2021.¹⁹¹ The Boston Convention and Exhibition Center hosted no public convention until September 3, 2021.¹⁹² The Javits Center held no event from March 10, 2020 into 2021.¹⁹³ A convention sold in 2019 for September 2021 was sold into a calendar the orders had emptied for fifteen months; the sales staff, the banquet staff and the group block the orders had dismantled were not restored on the day the last cap lifted, and in the four largest convention markets a new condition arrived before the fall season opened. The orders fixed the date on which each of those functions could resume; in every one of these markets that date fell within weeks of the quarter or inside it, and in the four largest convention markets a new order arrived before the calendar could refill.

The four pathways

Continuing suspension in the third quarter of 2021 rests on four independent pathways, each an order. First, the instruments in force on every day of the quarter: the conveyance, testing, entry, border, cruise and Title 42 orders; Hawaii's proclamation, plans and quarantine; Kansas's quarantine; Louisiana's Order No. 24; Nevada's statutory accommodation standards; Philadelphia's Full Reopening Order; New Mexico's June 30 order; the federal workplace orders. Second, the instruments issued or reimposed inside the quarter: the face-covering reinstatements, workplace infection-prevention and exposure-control requirements on every indoor public space, of the seven States and the District that required them of every person, the four States that required them of the unvaccinated, and more than thirty metros (B-8 to B-14 above, and the State and metro tables on this page); the vaccination conditions of New York City, San Francisco, New Orleans, Honolulu, Puerto Rico and Guam; Hawaii's August 5 proclamation and EO 21-05; Honolulu's Safe O'ahu Response Plan; Nevada's Directives 047, 048 and 050; Louisiana's proclamations and Orders 27 and 29; the federal contractor orders of September 9 and 17. Third, the compelled dismantling and the orders' own restoration schedule: the operations the 2020 and winter orders closed or capped were restored only on the step dates in the arithmetic above, and in the largest markets the last step fell between May 29 and July 8, 2021. Fourth, the counterparty and workforce orders: the courts, the schools, the quarantine directives, the eviction moratoria and the transit rules that governed the guest's calendar and the employee's household. Any one pathway suffices; all four are in the public record.

E. The Service's grounds for the quarter, answered

"No orders were in effect."

No orders were in effect.

"The orders had lifted."

The orders had lifted.

"The orders were guidance."

The orders were guidance.

"Masks are nominal."

Masks are nominal.

"The orders reached customers, not the hotel."

The orders reached customers, not the hotel.

"The hotel was essential and open."

The hotel was essential and open.

F. The finding

During the calendar quarter beginning July 1, 2021 and ending September 30, 2021, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19, namely the federal conveyance, testing, entry, border, cruise, Title 42 and contractor orders (Ex. FED-020; Ex. FED-052; Ex. FED-042; Ex. FED-207; Ex. FED-208; Ex. FED-233; Ex. FED-256; Ex. FED-031; Ex. FED-038; Ex. FED-063), Hawaii's proclamations, executive order and quarantine (Ex. HI-023; Ex. HI-024; Ex. HI-025; Ex. HI-031) and its counties' orders (Ex. MET-HNL-035; Ex. MET-HNL-037; Ex. MET-HNL-052), the Nevada and Louisiana directives, proclamations and gaming orders (Ex. NV-041; Ex. NV-044; Ex. NV-051; Ex. LA-036; Ex. LA-040; Ex. AGY-ST-GAMING-RACING-074; Ex. AGY-ST-GAMING-RACING-076), the New York, California and Bay Area instruments (Ex. NY-073; Ex. MET-NYC-017; Ex. CA-029; Ex. MET-LA-018; Ex. MET-LA-056; Ex. MET-SFO-011), the statewide reinstatements of New Mexico, Illinois, Washington, Oregon and the District and the unvaccinated-person requirements of New Jersey and Connecticut (Ex. NM-067; Ex. IL-042; Ex. WA-078; Ex. WA-080; Ex. OR-048; Ex. DC-057; Ex. NJ-050; Ex. CT-050), the metro reinstatements (Ex. MET-CHI-026; Ex. MET-PHL-019; Ex. MET-BOS-013; Ex. MET-STL-021; Ex. MET-MSY-029; Ex. MET-DEN-033; Ex. MET-ATL-017), the Kansas and Rhode Island quarantines (Ex. KS-057; Ex. RI-043), the preemption instruments of Texas, Florida and Georgia (Ex. TX-036; Ex. FL-030; Ex. GA-043), the territorial and tribal orders (Ex. AGY-TERRITORIES-033; Ex. AGY-TERRITORIES-110; Ex. AGY-TRIBAL-040) and the court, quarantine, school and eviction orders on the industry's counterparties and workforce (Ex. ECO-C-070; Ex. HI-068; Ex. MET-LA-021; Ex. NJ-055; Ex. FED-026), caused a temporary delay, interruption or termination of a more than nominal portion of the operations of employers in this industry throughout the United States. They did so by quarantining, testing or excluding the guest and placing him under the conveyance order's airborne-transmission controls, conditioning entry to the restaurant, bar, gym and ballroom on proof of vaccination, capping and then closing the event, placing the gaming floor and its patrons under face-covering conditions of the license, prescribing the operating protocol of every accommodation in the largest resort markets, and governing the workforce's commute, household and children on every day of the quarter.

What this analysis does not claim was in force

This analysis does not claim that any of the following was in force at any time between July 1 and September 30, 2021, and the proof for the quarter rests on none of them: the lodging closures and leisure-guest bans of Maine, Vermont, New Hampshire, Delaware, Connecticut and Arkansas (Ex. ME-013; Ex. VT-012; Ex. NH-013; Ex. DE-013; Ex. CT-013; Ex. AR-041), each of which ended in 2020; the vacation-rental bans of Florida, Georgia, Michigan and South Carolina (Ex. FL-020; Ex. GA-014; Ex. MI-017; Ex. SC-012), each of which ended in 2020; the traveler quarantines of New York, Connecticut, Massachusetts, Pennsylvania, Maine, Vermont, New Hampshire, the District of Columbia, Chicago and New York City (Ex. NY-006; Ex. CT-023; Ex. MA-025; Ex. PA-021; Ex. ME-026; Ex. VT-080; Ex. VT-082; Ex. NH-027; Ex. DC-081; Ex. MET-CHI-020; Ex. MET-NYC-012), each of which ended between March 1 and June 30, 2021 (Maine's administratively on May 1, 2021 and formally on June 30, 2021); the casino shutdowns of 2020 and the Massachusetts, Nevada and New Jersey regulators' capacity and position rules (Ex. AGY-ST-GAMING-RACING-030; Ex. NV-050; Ex. AGY-ST-GAMING-RACING-018), rescinded by June 4, 2021; Illinois' Tier 3 and Bridge Phase (Ex. IL-031; Ex. IL-054), ended June 11, 2021; California's Blueprint and Regional Stay at Home Order (Ex. CA-020; Ex. CA-055), ended June 15, 2021 by EO N-07-21 (Ex. CA-027); New Mexico's county color framework and lodging caps (Ex. NM-057), ended June 30, 2021; Washington's and Oregon's capacity rules (Ex. WA-047; Ex. WA-056; Ex. WA-064; Ex. OR-035), ended June 30, 2021; Massachusetts' Order No. 69 rescissions (Ex. MA-048), Rhode Island's Reopening Order (Ex. RI-040) and the other State transition instruments of April through June 2021; the federal 25 percent building cap (Ex. FED-270), ended June 10, 2021; the No Sail Order (Ex. FED-030), replaced October 30, 2020; the DHS funneling notices (Ex. ECO-C-044), ended September 14, 2020; and the FFCRA paid-leave mandate (Ex. FED-170), ended December 31, 2020. The capacity and gathering limits that New Jersey's EO 242 (Ex. NJ-050) and Connecticut's EO 12B (Ex. CT-046) rescinded in May and June 2021 are not claimed; EO 242's workplace masking and health-check provisions, EO 12B's continuation of the face-covering and municipal-power provisions to July 20, 2021, and EO 12A's and EO 13A's own requirements (Ex. CT-045; Ex. CT-050) are claimed in subpart B-13. The Rhode Island quarantine order is claimed only for July 1 to July 6, 2021 (Ex. RI-043; Ex. RI-047). The Los Angeles County order of September 17, 2021 (Ex. MET-LA-020) and the King County order of September 16, 2021 (Ex. MET-SEA-001) are claimed as orders issued within the quarter whose compelled preparation began on issuance; their entry rules took effect October 7 and October 25, 2021. The Supreme Court of Texas's Forty-Third Emergency Order (Ex. ECO-C-071), issued September 21, 2021, took effect October 1, 2021 and is not claimed as in force in the quarter.