Passenger Transportation and Travel Services

The governmental orders by layer

On every day from April 1, 2020 through September 30, 2021, orders from appropriate governmental authorities limiting commerce, travel or group meetings were in force on the passengers, the vehicles, the vessels, the aircraft, the drivers, the schools, the venues, the borders and the offices on which this industry's functions run. The Library holds them by exhibit number.¹³ This section inventories them in nine layers: the scale; the federal layer by quarter; the fifty States and the District by region; the largest metropolitan areas; the sector regulators whose instruments conditioned each revenue function; the counterparties' orders; the ecosystem orders that reached the workforce and the offices; the standing duties that bound every employer whether or not an order named it; and the foreign orders, which are context and are never cited as orders.

The scale

The record of the six quarters is the largest body of governmental orders limiting commerce, travel and group meetings in the history of the United States, and its size is fixed by federal sources. The Centers for Disease Control and Prevention counted forty-two jurisdictions with mandatory stay-at-home orders covering 2,355 of the Nation's 3,233 counties between March 1 and May 31, 2020, found that "most jurisdictions issued multiple orders" and that eight extended past May 31, 2020.¹⁴ The COVID AMP dataset catalogues more than 20,000 national and State policy measures in the United States, ninety-five percent issued before November 23, 2021, and roughly 8,000 county measures.¹⁵ The Bureau of Labor Statistics found that fifty-two percent of establishments, 4.4 million, "told employees not to work" and that nineteen percent, 1.6 million, "experienced a government-mandated closure" between July 20 and September 30, 2020; the Bureau of Economic Analysis and the Comptroller General each attributed the collapse of the second quarter of 2020 to "stay-at-home orders" by name; and the Federal Reserve's Beige Books of May 27, 2020, December 2, 2020 and September 8, 2021 record "mandated closures," "mandated restrictions" and "international travel restrictions" as the operative constraints on activity in each of those quarters.¹⁶ For travel specifically, the Bureau of Transportation Statistics recorded 557 million fewer airline passengers in 2020 than in 2019, a sixty percent decline, and Transportation Security Administration checkpoint throughput fell ninety-five percent at the April 2020 trough.¹⁷ The Kaiser Family Foundation's quarter-boundary counts fix the residue: thirty-three statewide public face-covering orders (the airborne-transmission control the States imposed on every indoor public setting) on October 1, 2020; forty on January 4, 2021; thirty-five emergency declarations and nine statewide face-covering requirements on July 2, 2021 and twenty-five declarations and eleven face-covering requirements on September 21, 2021, with Hawaii "quarantining all travelers, capping gatherings, limiting businesses" through the third quarter of 2021.¹⁸ The orders set out below are a fraction of that universe, chosen for the functions of this industry.

The federal layer, by quarter

Federal orders limiting travel and group meetings in terms were in force on every day of the six quarters, and the federal layer governing this industry tightened, not loosened, across them: the entry suspensions and land-border closures ran from March 2020 to November 8, 2021; the No Sail Order and Conditional Sailing Order ran from March 14, 2020 past September 30, 2021; the conveyance order imposed its airborne-transmission controls on every bus, taxi, ferry, school bus, aircraft and airport from February 1, 2021, a face covering as a federal condition of carriage with the operator's duty to refuse and remove the non-compliant passenger, and was still in force, with its TSA enforcement directives renewed on September 14, 2021, on the last day of the period; and the Department of Transportation fixed the airline network by order for roughly thirteen of the eighteen months.

The second quarter of 2020

On April 1, 2020 the following were in force: the entry suspensions of Proclamations 9984 (China), 9992 (Iran), 9993 (Schengen) and 9996 (United Kingdom and Ireland), suspending "[t]he entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within" those areas in the preceding fourteen days;¹⁹ the Department of Homeland Security's notifications closing the Canadian and Mexican land ports of entry and ferries to all but "essential travel," expressly excluding "tourism purposes (e.g., sightseeing, recreation, gambling, or attending cultural events)," effective March 21, 2020 and renewed monthly;²⁰ the No Sail Order, suspending embarkation on every cruise ship in United States waters from March 14, 2020 and extended April 9, 2020;²¹ the State Department's suspension of routine visa services at every post from March 20, 2020, with phased resumption from July 15, 2020;²² the FFCRA leave mandate of April 1 through December 31, 2020, under which every employer under 500 employees was required to pay leave to any employee "subject to a Federal, State, or local quarantine or isolation order related to COVID-19" or whose child's "school or place of care" had been closed;²³ the Office of Management and Budget's directives placing the federal workforce on maximum telework and limiting official travel to mission-critical purposes;²⁴ and the Department of Transportation's Order 2020-4-2 of April 7, 2020, fixing by order the minimum scheduled service every carrier receiving payroll support "shall" operate through September 30, 2020.²⁵ The Federal Aviation Administration's SFAR 118 took effect April 30, 2020, on the recited finding that airmen "have been unable to comply with certain training, recent experience, testing, and checking requirements due to the Coronavirus Disease 2019 (COVID-19) outbreak"; Exemption 18509A extended part 135 operators' training and checking deadlines; the Coast Guard closed every Regional Examination Center on March 19, 2020 and issued MSIB 02-20 Changes 3 through 5, restating the illness-reporting duty of 33 C.F.R. § 160.216 and recording the crew-movement restrictions the Captains of the Port imposed on every commercial vessel; and Proclamation 10014 suspended immigrant entry from April 23, 2020.²⁶

The third quarter of 2020

The proclamations and border notifications continued (renewed July 22, August 21 and September 23, 2020); the No Sail Order was extended July 16 and September 30, 2020; the FFCRA mandate ran the whole quarter; the DOT service order ran to September 30; SFAR 118-1 took effect June 25, 2020; the CDC eviction order took effect September 4, 2020; and the arrival funneling of flights from designated countries to fifteen airports ended September 14, 2020.²⁷

The fourth quarter of 2020

The Framework for Conditional Sailing Order replaced the No Sail Order on October 30, 2020, keeping passenger cruising from United States ports closed pending crew testing, simulated voyages and port agreements "until ... November 1, 2021" at the latest; SFAR 118-2 ran from October 1, 2020 to April 30, 2021; the border notifications were renewed October 22, November 23 and December 22, 2020; the entry suspensions were extended by Proclamation 10131 on December 31, 2020; and the FFCRA mandate expired December 31, 2020.²⁸

The first quarter of 2021

The new Administration continued every travel restriction and added the transport layer. Proclamation 10143 of January 25, 2021 continued the Schengen, United Kingdom, Ireland and Brazil suspensions without interruption and added South Africa;²⁹ the CDC ordered from January 26, 2021 that every air passenger arriving from a foreign country present a negative pre-departure test or documentation of recovery;³⁰ Executive Order 13991 of January 20, 2021 imposed workplace infection-prevention requirements, masks and physical distancing among them, in every federal building and on federal lands, and Executive Order 13998 of January 21, 2021 directed the transport agencies to impose the same airborne-transmission control, face coverings, throughout interstate travel, and the Secretary of Homeland Security determined on January 27, 2021 that a national emergency required action to protect transportation;³¹ the CDC imposed the conveyance order's airborne-transmission controls, ordering, effective 11:59 p.m. February 1, 2021, that "persons must wear masks over the mouth and nose when traveling on conveyances into and within the United States" and "at transportation hubs," defining conveyances to include "aircraft, train, road vehicle (including rideshares), vessel ... or other means of transport," naming "buses," "taxis," "ride-shares" and "ferries, ships" in its scope, which the CDC applied to every school bus, and directing that "[o]perators of conveyances must use best efforts to ensure that any person on the conveyance wears a mask," including by "[d]isembarking any person who refuses to comply";³² the Transportation Security Administration issued Security Directives SD 1582/84-21-01 (surface transportation, including "fixed route bus" operators), SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports), each effective February 1, 2021, requiring operators to refuse boarding to the unmasked;³³ the Federal Railroad Administration issued Emergency Order No. 32, effective March 1, 2021, under which "[r]ailroad carriers must require their personnel to wear a mask," on pain of "civil penalty of up to $118,826 for each day the violation continues";³⁴ the Coast Guard restated the federal requirement for "all commercial vessels" on February 1, 2021 and for every sea port and passenger terminal on March 22, 2021;³⁵ the Department of Transportation issued Order 2021-1-5 fixing minimum service through March 31, 2021; and the border notifications were renewed January 19, February 23 and March 19, 2021 (Ex. FED-227; Ex. FED-228; Ex. FED-229).³⁶

The second quarter of 2021

The United States added, not lifted, entry suspensions: Proclamation 10199 suspended entry from India effective May 4, 2021.³⁷ The Transportation Security Oversight Board ratified the aviation directives April 20, 2021; TSA extended the surface directive through September 13, 2021 by SD 1582/84-21-01A, effective May 12, applied "including those already vaccinated"; the Department of Transportation's Order 2021-4-13 of April 29, 2021 bound every payroll-support carrier to minimum scheduled service from May 14 through September 30, 2021; the Conditional Sailing Order's technical instructions of May 5, 2021 fixed the conditions of the first test voyages; the border notifications were renewed April 22, May 24 and June 23, 2021; and the CDC amended the conveyance order June 10, 2021 to exempt outdoor areas of conveyances while keeping every enclosed conveyance and hub within it.³⁸

The third quarter of 2021

The federal layer tightened. In force on July 1, 2021, stated from their texts: the conveyance order and SD 1582/84-21-01A, with the aviation successors; the pre-departure testing order; the Conditional Sailing Order and its technical instructions; Proclamations 9984, 9992, 10143 and 10199; the land-border prohibition on non-essential travel under the June 23, 2021 notifications, "at 12 a.m. Eastern Daylight Time (EDT) on June 22, 2021" until "11:59 p.m. EDT on July 21, 2021," renewed July 22, August 23 and September 22, 2021; DOT Order 2021-4-13 through September 30, 2021; FRA Emergency Order No. 32 as modified June 10, 2021; the conveyance order as enforced at every port under Captain of the Port authority, recorded in Coast Guard MSIB 02-21 Change 2 (June 11, 2021) and Change 3 (September 2, 2021); the DOT drug-and-alcohol enforcement statement to December 31, 2021; and the Coast Guard's mariner-credential extensions under 46 U.S.C. § 7507 to October 31, 2021.³⁹ TSA reissued the surface directive as SD 1582/84-21-01B, announced August 20 and effective September 14, 2021, through January 18, 2022, and the aviation directives as their "-B" successors; on September 9, 2021 the President ordered vaccination of federal employees and contractors by Executive Orders 14042 and 14043, imposing no private obligation before October 15, 2021, and on September 17, 2021 the Department of Transportation issued its contractor attestation-or-testing directive.⁴⁰ The entry suspensions and land-border closures ended November 8, 2021; the Conditional Sailing Order was extended October 25, 2021 to January 15, 2022; the conveyance order ran to April 18, 2022; the testing order ran to June 12, 2022.⁴¹ Each post-period instrument is cited only for what it proves about the third quarter: that the regime it ended was in force on every day of it.

The fifty States and the District, by region

Every State and the District closed its schools by order or directive in March 2020 and kept them closed to in-person instruction through the 2019-20 year; forty-two States and territories, the District among them, confined their residents to essential travel; twenty-six States and the District quarantined arriving travelers by order at some point in the period, and two, Hawaii and Kansas, on every day of it; every State but South Dakota capped gatherings; at least thirty-three States imposed workplace infection-prevention and exposure-control requirements that reached taxis, ride-shares and transit by name, a face covering for every passenger and operator among them, before the federal order made the requirement national; and in the third quarter of 2021 the school-transportation regime of the 2021-22 year opened under the infection-prevention orders of universal masking, quarantine and driver testing in the largest States and under the federal conveyance order in all of them. The regional paragraphs below give, for each jurisdiction, the instruments that reached this industry's functions with their exhibit numbers; each State's page on this site carries its full six-quarter record. Where an instrument's text was not retrieved, this analysis says so and describes the category, never the exhibit.

The West

Alaska's Health Mandate 010 (effective 12:01 a.m. March 25, 2020) provided: "All people arriving in Alaska, whether resident, worker or visitor, are required to self-quarantine for 14 days," on pain of a $25,000 fine or a year's imprisonment, with test alternatives from June 6, 2020 and continuation through Outbreak Health Order No. 6 to February 14, 2021 (Ex. AK-012; Ex. AK-038; Ex. AK-039; Ex. AK-035); Mandate 012 prohibited intrastate travel except for critical needs from March 28 to May 12, 2020 (Ex. AK-014); Mandates 008 and 013 closed every public and private school to students to the end of the 2019-20 year (Ex. AK-010; Ex. AK-015); Mandate 009 barred gatherings over ten (Ex. AK-011, secondary); the Alaska Marine Highway System implemented Mandates 010 and 012 by screening travelers before boarding from March 19, 2020 and cancelling the Prince Rupert run (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-080; Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-082); the 2020 cruise season did not sail and the 2021 season ran under the Conditional Sailing Order; Juneau's Emergency Ordinance 2021-11(am) (April 26, 2021), extended to October 31, 2021 and, by Ordinance 2021-42 (September 27, 2021), to March 1, 2022, imposed face-covering, gathering and capacity rules on the State's principal cruise port, with the Level High determination of July 30, 2021 (Ex. AK-041; Ex. AK-095, secondary; Ex. AK-096, secondary), the face covering one of the airborne-transmission controls the City and Borough imposed on every indoor public setting, and the Anchorage School District required face coverings from August 9, 2021 (Ex. AK-093, secondary), an infection-prevention condition of in-person instruction.

Arizona's EO 2020-24 (April 7, 2020) quarantined airport arrivals from the New York tri-State area and other substantial-spread areas for fourteen days as a class 1 misdemeanor, April 9 to May 15, 2020 (Ex. AZ-012); the Stay Home order ran March 31 to May 15 (Ex. AZ-010); the 2020-21 school year opened by distance learning with in-person delayed to August 17 and staff and student face coverings from July 23, 2020 (Ex. AZ-021; Ex. AZ-026), an infection-prevention condition of in-person instruction, with in-person required by March 15, 2021 (Ex. AZ-035); capacity limits were lifted March 5, 2021 (Ex. AZ-036) and requirements became recommendations March 25, 2021 (Ex. AZ-037); the Motor Vehicle Division went appointment-only March 23, 2020 with "nearly 12,000 daily customers" displaced and license expirations deferred (Ex. AZ-094; Ex. AZ-030; Ex. AZ-034); the Navajo Nation excluded visitors from March 20, 2020 to July 6, 2021 and kept curfews to August 4, 2021 (Ex. AZ-063; Ex. AZ-079; Ex. AZ-082).

California's Executive Order N-33-20 confined all non-essential movement from March 19, 2020 to June 15, 2021 (Ex. CA-007); the Regional Stay at Home Order barred non-essential travel and lodging December 5, 2020 to January 25, 2021 (Ex. CA-020; Ex. CA-021); the CDPH face-covering guidance, mandatory under N-33-20 from June 18, 2020, required face coverings "while waiting for or riding on public transportation or paratransit or while in a taxi, private car service, or ride-sharing vehicle" (Ex. CA-016), an exposure control placed on the ride and its operator and from June 15, 2021 on everyone on transit and in hubs regardless of vaccination (Ex. CA-029; Ex. CA-035), the same exposure control kept on the ride after the general order ended; the Cal/OSHA COVID-19 Prevention Emergency Temporary Standard bound every employer from November 30, 2020 and was readopted June 17, 2021 (Ex. CA-023; Ex. CA-024); the K-12 guidance mandatory from July 12, 2021 imposed universal indoor masking and modified quarantine (Ex. CA-034), infection-prevention conditions of in-person instruction alongside the quarantine rules, and the State Public Health Officer's order of August 11, 2021 required school-worker vaccine verification or weekly testing from August 12 (Ex. CA-033); the DMV closed all 169 field offices to the public from March 27, 2020 and extended commercial credentials through November 30, 2021 "following updated guidance from the Federal Motor Carrier Safety Administration" (Ex. AGY-ST-DMV-SOS-RECORDERS-018; Ex. AGY-ST-DMV-SOS-RECORDERS-017); Executive Order N-40-20 ¶ 13 suspended licensing deadlines "to limit the need for in-person transactions at Department of Motor Vehicle offices" (Ex. AGY-ST-DMV-SOS-RECORDERS-076).

Colorado's D 2020 007 and its successors suspended all P-12 in-person instruction March 23, 2020 through the 2019-20 year; the Stay at Home order (D 2020 017, with PHO 20-24) prohibited "all travel ... except Necessary Travel" March 26 to April 26, 2020 (Ex. CO-012; Ex. CO-016) and Safer at Home confined travel to the county of residence; PHO 20-22 closed bars, restaurants, theaters, gyms and casinos from March 17, 2020 (Ex. CO-004) and Public Health Order 20-23 (Amended Notice, March 18-20, 2020) capped gatherings at ten from March 19, 2020 (Ex. CO-005); D 2020 138 (effective 12:00 a.m. July 17, 2020) required everyone over ten to "wear a face covering ... while using or waiting to use the services of any taxi, bus, light rail, train, car service, ride-sharing or similar service" and forbade operators to serve the unmasked, extended monthly to June 1, 2021 (Ex. CO-031); PHO 20-31 governed mass transit from June 30, 2020 (Ex. CO-049); D 2020 039 (April 17, 2020) required face coverings of workers in critical businesses, an exposure control imposed on those workplaces (Ex. CO-017); the Dial expired and PHO 20-38 took effect April 16, 2021 (Ex. CO-051; Ex. CO-041), continued in the third quarter of 2021 by the Fourth through Sixth Amended PHO 20-38 with school case and outbreak reporting (Ex. CO-053; Ex. CO-091) and the Disaster Recovery Orders D 2021 122 and successors (Ex. CO-043; Ex. CO-044; Ex. CO-045; Ex. CO-046).

Hawaii's Second Supplementary Proclamation imposed a fourteen-day mandatory self-quarantine on every person entering the State from 12:01 a.m. March 26, 2020 (Ex. HI-003), enforced by an Order for Self-Quarantine served on each arrival with misdemeanor penalties (Ex. HI-031); interisland quarantine ran April 1 to June 15, 2020 and August 11, 2020 to June 14, 2021 (Ex. HI-005; Ex. HI-010; Ex. HI-057, secondary; Ex. HI-023); Safe Travels added a pre-travel test exception October 15, 2020 (Ex. HI-014), a ten-day quarantine December 17, 2020 (Ex. HI-018) and vaccination exceptions in 2021 (Ex. HI-021; Ex. HI-023); the Twenty-First Proclamation (July 1 to August 6, 2021) and the Emergency Proclamation of August 5, 2021 (to October 4) carried the statewide face-covering requirement (an airborne-transmission control on every indoor setting), the traveler quarantine rules and State and county employee vaccination-or-testing through the third quarter (Ex. HI-023; Ex. HI-024); EO 21-05 (August 10, 2021) capped social gatherings at ten indoors and twenty-five outdoors and indoor capacity at fifty percent (Ex. HI-025); EO 21-07 (September 13, 2021) conditioned access to State property, including Harbors Division facilities, on vaccination or a negative test (Ex. HI-027); and Honolulu's Safe Access program took effect September 13, 2021 (Ex. MET-HNL-035). No general restriction in Hawaii ended before September 30, 2021; the quarantine regime ran through the quarter and beyond (Ex. HI-024; Ex. HI-029); caps ended December 1, 2021 (Ex. HI-054, secondary) and the statewide face-covering requirement March 26, 2022 (Ex. HI-055, secondary).

Idaho's State Board of Education ordered a "soft closure" of every public school district and charter school from March 23, 2020, under which "students are not permitted in schools," and extended it April 6 to the end of the year (Ex. AGY-ST-EDUCATION-HIGHER-ED-001; Ex. AGY-ST-EDUCATION-HIGHER-ED-002; Ex. AGY-ST-EDUCATION-HIGHER-ED-003; Ex. AGY-ST-EDUCATION-HIGHER-ED-004; Ex. ID-070, secondary); the Order to Self-Isolate prohibited all travel except Essential Travel March 25 to April 30, 2020 and permitted schools to operate only "for purposes of facilitating distance learning or performing essential functions" (Ex. ID-003); a fourteen-day self-quarantine bound persons entering Idaho April 15 to May 15, 2020 (Ex. ID-004; Ex. ID-005); Stage 3 (February 2, 2021) ended mandatory business restrictions and Stage 4 (May 11, 2021) the recommended gathering limit (Ex. ID-012; Ex. ID-013); the City of Boise's public health emergency orders required face coverings across the city, including at the airport, from July 4, 2020 to May 14, 2021 (Ex. ID-073; Ex. ID-075), one of the airborne-transmission controls the city imposed on every indoor public setting, and Central District Health's Ada County orders ran to February 19, 2021 (Ex. ID-022 to Ex. ID-025).

Montana's Stay at Home directive limited travel to Essential Travel March 28 to April 26, 2020 (Ex. MT-009); the March 30, 2020 directive imposed a fourteen-day self-quarantine on every person arriving from another State or country for a non-work purpose, with National Guard screening at airports and rail stations, through June 1, 2020 (Ex. MT-010; Ex. MT-012; Ex. MT-013; Ex. MT-014); schools were closed March 16 through May 6, 2020 (Ex. MT-003; Ex. MT-007; Ex. MT-012; Ex. MT-013); the face-covering directive, an airborne-transmission control on indoor public spaces and the businesses that operate them, reached those spaces from July 15, 2020 and statewide from November 20, 2020 to February 12, 2021 (Ex. MT-016; Ex. MT-018; Ex. MT-021); the January 13, 2021 directive removed capacity, hours and gathering limits effective January 15, 2021 (Ex. MT-020); in 2021 HB 702 and HB 121 constrained local orders and vaccination requirements by statute (Ex. MT-072; Ex. MT-073).

Nevada's Directives 001, 005, 014 and 015 closed every school from March 16, 2020 and ordered that "[a]ll kindergarten through 12th grade school buildings shall remain closed for onsite education for the remainder of the 2019-2020 school year" (Ex. NV-007; Ex. NV-071; Ex. NV-072); Directive 038 (signed February 17, effective February 18, 2021) provided that "[s]chool transportation vehicles, including school buses, may operate at 66% capacity" (Ex. NV-033); casino resorts and conventions were closed March 17 to June 4, 2020 and capacity-limited to June 1, 2021 (Ex. NV-016; Ex. NV-017; Ex. NV-019; Ex. NV-036; Ex. NV-038; Gaming Control Board Industry Notice 2021-41 to June 1, 2021, Ex. NV-073); Directive 024 required face coverings of all persons in public spaces from June 25, 2020 (Ex. NV-019), one of the airborne-transmission controls the State imposed on every indoor public setting; Directive 004 closed DMV offices to the public until at least April 16, 2020 with ninety-day license extensions (Ex. NV-006; Ex. NV-015; Ex. NV-021; Ex. NV-027); Directive 047 (issued July 27, 2021, effective 12:01 a.m. July 30) required every person, vaccinated or not, to wear a face covering in public indoor spaces in counties of substantial or high transmission (Ex. NV-041), an airborne-transmission control reinstated on every indoor public setting in those counties; Directive 048 (August 4, 2021) defined "indoor public setting" to include offices and breakrooms and required face coverings in every school in Clark and Washoe Counties (Ex. NV-042; the SPCSA's account is Ex. NV-061), an infection-prevention condition of in-person instruction; Directives 049 and 050 conditioned mask-free large events and conventions on proof of vaccination (Ex. NV-043; Ex. NV-044); and Gaming Control Board Industry Notice 2021-71 imposed the same on every casino floor from July 30 (Ex. NV-051).

In New Mexico, air arrivals were ordered to self-isolate fourteen days from March 27, 2020 by Executive Order 2020-013, all arrivals by any means from July 1, 2020 with lodging to enforce (Ex. NM-024), listed States only from September 4 (Ex. NM-031), every non-exempt arrival from October 29, 2020 (Ex. NM-037), rescinded February 10, 2021 (Ex. NM-051); the May 16, 2020 order required that "all individuals shall wear a mask or multilayer cloth face covering in public settings" (Ex. NM-016), one of the airborne-transmission controls the State imposed on every indoor public setting; the county-by-county order of June 2, 2021 (Ex. NM-057) and the order of June 30, 2021 (effective July 1) ended the general restrictions (Ex. NM-060); the Public Health Emergency Order of August 17, 2021 reinstated the statewide indoor face-covering requirement from August 20 (Ex. NM-067; extended September 15, Ex. NM-070), one of the airborne-transmission controls the State imposed on every indoor public setting, and the companion order of the same date required every school worker to be vaccinated or tested weekly by August 23 (Ex. NM-068; amended September 15, Ex. NM-071), with the PED toolkit incorporated by reference (Ex. AGY-ST-EDUCATION-HIGHER-ED-050, context).

Oregon's EO 20-08 closed schools to students from March 16, 2020 and EO 20-20 prohibited in-person instruction at public and private schools April 28 to June 30, 2020; EO 20-12 ¶ 22 directed individuals to "minimize travel" other than essential travel and prohibited all gatherings from March 23, 2020 (Ex. OR-007 chain); the OHA statewide face-covering guidance under EO 20-27 reached every indoor public space from July 1, 2020 and required businesses to require face coverings of customers, an exposure-control duty placed on the business itself (Ex. OR-025); Oregon OSHA's rule OAR 437-001-0744 (May 4, 2021, amended June 30, 2021) imposed ventilation, exposure notification, quarantine leave and face coverings and distancing in transit through the third quarter (Ex. OR-041; Ex. OR-044); EO 21-15 ended the county-tier restrictions June 30, 2021 (Ex. OR-043); OAR 333-019-1015 (August 2, 2021) required universal indoor face coverings in schools with $500-per-day penalties (Ex. OR-045), an infection-prevention condition of in-person instruction; OAR 333-019-1010 (August 5, 2021) required vaccination or weekly testing of health-care workers (Ex. OR-046); the statewide indoor face-covering rule, OAR 333-019-1025, returned August 13, 2021 and the outdoor rule August 27, each made every employer's workplace exposure-control duty by Oregon OSHA AO 10-2021 (Ex. OR-048; Ex. OR-049); OAR 333-019-1030 (August 25, 2021) required vaccination by October 18, 2021 of teachers, school staff and "anyone who is not employed but is otherwise engaged to provide goods or services to or at a school" (Ex. OR-052); the DMV ran appointment-only from June 2020 with lobby limits to June 30, 2021 (Ex. OR-057, the Department's bulletin, secondary).

Utah's Stay Safe, Stay Home directive limited travel to essential purposes and required fourteen-day self-quarantine after out-of-state travel (Ex. UT-004; Ex. UT-009); EO 2020-15 and 2020-16 (April 8-10, 2020) required a travel declaration within three hours of entry of every adult arriving at Salt Lake City International Airport or by highway, enforced by Wireless Emergency Alert, to May 1, 2020 (Ex. UT-007; Ex. UT-008); UPHO 2020-10 (July 17, 2020) provided that "[e]ach individual, including an employee, student, or visitor, on school property or on a school bus shall wear a face covering," continued through the 2020-21 year (Ex. UT-019; Ex. UT-035; Ex. UT-036; Ex. UT-043; Ex. UT-044), an infection-prevention condition of in-person instruction placed on the campus and the bus alike; the statewide face-covering mandate, one of the airborne-transmission controls the State imposed on every indoor public setting, ran November 9, 2020 to April 9, 2021 and the remaining restrictions ended May 4, 2021, when the HB 294 thresholds were met and UPHO 2021-11 terminated the remaining orders (Ex. UT-040; Ex. UT-043); UPHO 2020-17 preserved the statewide public health emergency declaration through the third quarter of 2021 (Ex. UT-025); the Judicial Council reinstated courthouse face coverings July 30, 2021 (Ex. UT-051), an airborne-transmission control on every courthouse.

Washington's Proclamations 20-08 and 20-09 closed the K-12 schools statewide March 17 through June 19, 2020 (Ex. WA-004; Ex. WA-005; Ex. WA-026); Stay Home, Stay Healthy confined all persons except for essential travel March 23 to May 31, 2020 (Ex. WA-016); Safe Start limited non-essential travel by phase (Ex. WA-034); a mandatory fourteen-day quarantine bound arrivals from variant countries December 21, 2020 to April 6, 2021 (Ex. WA-054); Order 20-03 required face coverings in all indoor and outdoor public settings from June 26, 2020, amended July 25, 2020 by Order 20-03.1 (Ex. WA-037; Ex. WA-042), with the business duties of Proclamations 20-25.6 and 20-25.7 (Ex. WA-040; Ex. WA-041), an exposure-control requirement placed on the business itself, with the duty to refuse service to the non-compliant, with the vaccinated exempted May 15, 2021 except in transit, school and health-care settings (Order 20-03.2, Ex. WA-063), restated by Order 20-03.3 from June 30, 2021 (Ex. WA-070) and face coverings required of everyone indoors again from August 23, 2021 (Ex. WA-078; Ex. WA-080), the airborne-transmission control reinstated on every indoor setting; Proclamation 20-15 closed the fifty-six driver licensing offices visited by "approximately 200,000 people a month" and waived in-person requirements, continued by 20-41 (Ex. WA-011; Ex. WA-025); Proclamation 20-25.14, Washington Ready, took effect July 1, 2021 with large-event and traveler requirements continuing (Ex. WA-072; Ex. WA-101); Proclamation 20-09.4 (July 30, 2021) conditioned 2021-22 in-person instruction on universal masking and quarantine (Ex. WA-075; Ex. WA-076, secondary), the infection-prevention conditions of in-person instruction; Proclamation 21-14.1 (August 20, 2021) barred any Worker from "engag[ing] in work for the operator of an Educational Setting after October 18, 2021" unless fully vaccinated, reaching contractors of every K-12 school (Ex. WA-079); Washington State Ferries suspended the Anacortes-Sidney, B.C. route from March 20, 2020 under the land-border restrictions and halved central Puget Sound sailings from March 29, 2020 (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-019; Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-021).

Wyoming's Public Health Orders #1 and #2 closed schools and capped gatherings at ten from March 19-20, 2020, with no in-person classes before May 18 (Ex. WY-004; Ex. WY-008; Ex. WY-012); the Statewide Directive of April 3, 2020 imposed a fourteen-day self-quarantine on all persons arriving for non-work purposes to May 8, 2020 (Ex. WY-010); school face coverings and transport rules ran from August 1, 2020 to May 31, 2021 (Ex. WY-024; Ex. WY-050; Ex. WY-058), infection-prevention conditions of in-person instruction; Order #4 required face coverings in indoor public places December 9, 2020 to March 15, 2021 (Ex. WY-040), one of the airborne-transmission controls the State imposed on every indoor public setting; the general restrictions ended March 16, 2021 (Ex. WY-050); HEA 93 (effective July 1, 2021) governed every later health order (Ex. WY-055).

The Midwest

Illinois's EO 2020-05 closed every public and private pre-K-12 school for educational purposes March 17, 2020, extended through May 29 (Ex. IL-003; Ex. IL-005; Ex. IL-009; Ex. IL-014); EO 2020-10 ¶ 4 provided that "[a]ll travel, including, but not limited to, travel by automobile, motorcycle, scooter, bicycle, train, plane, or public transit, except Essential Travel and Essential Activities ... is prohibited" March 21 to May 29, 2020 (Ex. IL-005); EO 2020-32 (May 1, 2020) required face coverings in public and physical distancing in every open workplace (Ex. IL-013), workplace infection-prevention and exposure-control requirements placed on every open business; the 2020-21 year ran in person only under fifty-per-space, screening and face-covering rules (Ex. IL-020; Ex. AGY-ST-EDUCATION-HIGHER-ED-011), infection-prevention conditions of in-person instruction alongside the capacity and screening rules; the Secretary of State closed every Driver Services facility March 17 to May 31, 2020 and November 17, 2020 to January 5, 2021 (Ex. IL-053; Ex. IL-055; Ex. IL-056); Phase 5 (June 11, 2021) ended the caps while keeping face coverings on all public transportation and in transportation hubs (Ex. IL-037), an exposure control kept on the ride and its operator; EO 2021-18 (August 4, 2021) required indoor face coverings in schools (Ex. IL-040), an infection-prevention condition of in-person instruction, the State Superintendent's letter of August 11 declared it "has the force of law" and that "noncompliance is not an option" (Ex. AGY-ST-EDUCATION-HIGHER-ED-032), EO 2021-20 (August 26, 2021) required universal indoor face coverings from August 30 and school-personnel vaccination or weekly testing (Ex. IL-042; Ex. IL-043), the airborne-transmission control reinstated on every indoor public setting, and EO 2021-24 (September 17) excluded cases and contacts (Ex. IL-045); McCormick Place was closed from March 2020 to July 2021 under the Governor's orders, as the Authority's notices record (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-026; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-027).

Indiana's EO 20-05 ¶ 4 (March 19, 2020) provided: "All K-12 schools in Indiana, public or private, shall close and cease in-person instruction through May 1, 2020" (Ex. IN-004), with buildings closed for education through June 30, 2020 (Ex. IN-026); EO 20-08 ¶ 6 permitted "[o]nly Essential Travel and Essential Activities" March 24 to May 3, 2020 (Ex. IN-006); EO 20-37 (effective 12:01 a.m. July 27, 2020) required every individual to wear a face covering when "using public transportation or while in a taxi, private car service or ride-sharing vehicle" and on school buses, continued to April 6, 2021 (Ex. IN-035), an exposure control placed on the ride and its operator; the BMV closed its branches March 24, 2020 under the Governor's closure of State offices, as its release records, with every State-issued license extended (Ex. AGY-ST-DMV-SOS-RECORDERS-002; Ex. AGY-ST-DMV-SOS-RECORDERS-003; Ex. IN-025); EO 21-17 rescinded the general directives June 30, 2021 while reserving quarantine authority, EOs 21-16, 21-18 and 21-22 renewed the emergency through September 30, 2021 (Ex. IN-065; Ex. IN-066; Ex. IN-067; Ex. IN-068; Ex. IN-069), and the IDOH Control Measures, isolating cases, quarantining close contacts and excluding them from employment and from K-12 settings, were given executive-order force from August 1, 2021 by EO 21-19 (Ex. IN-092).

Iowa's proclamations closed all public and nonpublic schools through April 30, 2020 and for the remainder of the year (Ex. IA-007), closed businesses and capped gatherings at ten from March 17, 2020 (Ex. IA-002), placed driver's license service centers on appointment only (Ex. IA-002; Ex. IA-004), imposed the airborne-transmission control of face coverings indoors November 17, 2020 to February 6, 2021, one of the controls the State placed on every indoor public setting, and ended the general restrictions February 7, 2021 (Ex. IA-035); HF 847 § 28 barred school face-covering policies from May 20, 2021 (Ex. IA-046), enjoined as to public schools September 13, 2021 (Ex. IA-057); the disaster proclamations of July 23, August 19 and September 17, 2021 continued the emergency (Ex. IA-039; Ex. IA-040; Ex. IA-041).

Kansas's EO 20-07 closed K-12 buildings March 17, 2020 for the balance of the year (Ex. KS-005); EO 20-14 capped gatherings at ten from March 24 (Ex. KS-007) and Stay Home ran March 30 to May 3, 2020 (Ex. KS-009); the KDHE "Travel & Exposure Related Isolation/Quarantine" mandate required home quarantine of travelers from listed States, countries, cruises and gatherings of 500 or more from March 2020 through at least November 18, 2021 (Ex. KS-054; Ex. KS-057); EO 20-59 required face coverings, distancing and daily temperature checks in every K-12 school August 10, 2020 to March 31, 2021 (Ex. KS-033); the statewide face-covering order, an airborne-transmission control on indoor public spaces and the businesses that operate them, ran July 3, 2020 to March 31, 2021; driver's license deadlines were extended March 23, 2020 to June 30, 2021 (Ex. KS-006; Ex. KS-031; Ex. KS-035; Ex. KS-049); statewide mandatory business and gathering restrictions ended May 26, 2020 (Ex. KS-023) and the Ad Astra recommendations phased out June 22, 2020.

Michigan's EOs 2020-5 and 2020-11 closed K-12 buildings March 16, 2020 and EO 2020-35 suspended in-person instruction for the year; EO 2020-21 ordered residents to stay home from March 24, 2020 (Ex. MI-011); travel between residences and to vacation rentals was prohibited April 10-24, 2020 (Ex. SEC-06-036); EO 2020-59 § 15 required face coverings in enclosed public spaces from April 26, 2020, one of the airborne-transmission controls the State imposed on every indoor public setting, and EO 2020-147 made it an exposure-control requirement placed on the business itself, with the duty to refuse service to the non-compliant, from July 13, 2020; the MDHHS Gatherings and Face Mask Orders ran October 5, 2020 to June 22, 2021 with high schools remote November 18 to December 20, 2020 (Ex. MI-059; Ex. MI-060, secondary; Ex. MI-062; Ex. MI-063; the May 24, 2021 order, Ex. MI-073, secondary; rescinded effective June 22, 2021, Ex. MI-076); 2020 PA 238 excluded exposed and positive workers from workplaces from March 1, 2020 onward (Ex. MI-057); Secretary of State branches closed March 24, 2020 (Ex. MI-012) and 2020 PA 127 extended expirations to September 30, 2020 (Ex. MI-038); county school face-covering and quarantine orders governed August and September 2021 (Ex. MI-081; Ex. MI-082; Ex. MI-083; Ex. MI-084; Ex. MI-085), infection-prevention conditions of in-person instruction alongside the quarantine rules.

Minnesota's EO 20-02 closed schools to students March 18, 2020 (Ex. MN-002) and distance learning ran to the end of the year (Ex. MN-009; Ex. MN-016); EO 20-04 closed bars, restaurants and places of public accommodation from March 17, 2020 (Ex. MN-003) and Stay at Home (EO 20-20) ran March 27 to May 18, 2020 (Ex. MN-010); EO 20-81 (effective 11:59 p.m. July 24, 2020) required face coverings in indoor businesses and on transit with business enforcement duties and in K-12 buildings and on buses (Ex. MN-027; Ex. MN-030), an exposure-control requirement placed on the business itself, with the duty to require face coverings of every person on the premises, and an exposure control placed on the ride and the school bus; "[a]ll DVS exam stations and driver's license agent offices" closed and Minnesotans "will not be able to renew their driver's licenses or ID cards" (Ex. MN-056); the caps ended May 27, 2021, the remaining operating orders June 30, 2021 (Ex. MN-038; Ex. MN-039) and the Legislature terminated the peacetime emergency at 11:59 p.m. July 1, 2021 (Ex. MN-041).

Missouri's DHSS order of April 6, 2020 provided that "schools shall close and remain closed," extended for "the remainder of the 2019-2020 academic school year" (Ex. MO-004; Ex. MO-005; Ex. MO-006); Stay Home Missouri ran April 6 to May 3 (Ex. MO-004) and Phase 1 to June 15, 2020 (Ex. MO-007), when the statewide order expired with no successor; every local order thereafter, with the St. Louis City and County face-covering orders from July 26, 2021 and Kansas City's from August 2, 2021, airborne-transmission controls reinstated on every indoor public setting in those jurisdictions (Ex. MET-STL-021; Ex. MET-STL-022; Ex. MET-STL-069, restrained August 3 and enjoined August 20, 2021, Ex. MET-STL-091, Ex. MET-STL-093, secondary; Kansas City Order 21-01 effective August 2, replaced August 19 by Ordinance 210694, Ex. MET-KC-002; Jackson County from August 9, Ex. MET-KC-045); EO 21-07 extended the state of emergency to August 31, 2021 (Ex. MO-018); EO 21-09 (August 27, 2021) terminated it that day and declared a health-care staffing emergency to December 31, 2021 (Ex. MO-020).

Nebraska's DHM 2020-008 and 2020-009 ordered that "[a]ll schools; public, private and parochial: are hereby ordered to cease all in-person instruction, and all extra-curricular activities" through May 31, 2020 (Ex. NE-007; Ex. NE-008); the Phase II and III DHMs quarantined every international arrival June 1 to September 13, 2020 (Ex. NE-013; Ex. NE-017); isolation and quarantine orders ran in every DHM March 25, 2020 to May 24, 2021 (Ex. NE-003 chain; Ex. NE-028); EO 20-05 waived title, registration and license deadlines because "counties have continued to close local offices" (Ex. AGY-ST-DMV-SOS-RECORDERS-006); EO 20-29 waived transportation-network-company requirements (Ex. NE-057); the DHM series ended May 24, 2021 (Ex. NE-095) and EO 21-12 (August 26, 2021) declared a hospital-capacity emergency (Ex. NE-068).

North Dakota's EO 2020-04 closed all K-12 schools March 16, 2020 and EO 2020-10 compelled distance learning through the year; State Health Officer Confinement Orders 2020-02 through 2020-02.4 quarantined arrivals from other States and countries March 28 to September 21, 2020, with isolation and household-contact quarantine throughout (Ex. ND-014; Ex. ND-021; revoked Ex. ND-056); the Canadian ports of entry were closed to non-essential travel from March 21, 2020 to November 8, 2021 (Ex. FED-216; Ex. FED-233; Ex. FED-234; Ex. FED-235); EO 2020-07 extended licenses and registrations (Ex. ND-007; Ex. ND-049; Ex. ND-052; Ex. ND-071); State Health Officer Order 2020-08 required face coverings November 14, 2020 to January 18, 2021 (Ex. ND-061; Ex. ND-066), one of the airborne-transmission controls the State imposed on every indoor public setting, and EO 2020-43 capped venues and suspended school and community activities November 16 to December 14, 2020 (Ex. ND-062); the emergency ended April 30, 2021 (Ex. ND-081); HB 1465 (signed May 7 and effective May 10, 2021) and HB 1323 (August 1, 2021) constrained vaccination-proof and face-covering mandates (Ex. ND-082; Ex. ND-080).

Ohio's K-12 buildings closed to students from March 17, 2020 through June 30, 2020 (Ex. OH-003; Ex. OH-018; Ex. OH-080); the Stay at Home order permitted only Essential Travel March 23 to May 20, 2020 (Ex. OH-011); Am. Sub. H.B. 197 extended every State and local license and tolled deadlines (Ex. OH-012); the K-12 facial-coverings order ran August 14, 2020 to June 2, 2021 (Ex. OH-032; Ex. OH-050), an infection-prevention condition of in-person instruction; the Director's Order of July 23, 2020 required facial coverings "waiting for, riding, driving, or operating public transportation, a taxi, a private car service, or a ride-sharing vehicle" (Ex. OH-030), an exposure control placed on the ride and its operator, consolidated April 5, 2021 (Ex. OH-070) and rescinded June 2, 2021 (Ex. OH-048); the curfew ran November 19, 2020 to February 11, 2021 (Ex. OH-039); the Ohio Department of Health's K-12 quarantine guidance of August 31, 2021 (Ex. OH-084), implemented by local health department quarantine orders under Ohio Rev. Code ch. 3707, governed exposed students and staff, and Dayton and Columbus enacted face-covering ordinances in September 2021 (Ex. OH-094, secondary; Ex. MET-CMH-048; Ex. MET-CMH-050), airborne-transmission controls reinstated on the indoor public settings of those cities.

In South Dakota, the Governor's recommendation closed every school from March 16, 2020, recited in municipal ordinances as "all schools in the State of South Dakota have been closed for at least two weeks," and extended to the year's end (Ex. SD-063; Ex. SD-078); SB 188 and SB 189 waived instructional hours (Ex. SD-036); EO 2020-12 directed CDC practices April 6-28, 2020 (Ex. SD-009), replaced by EO 2020-20 and the Back to Normal Plan April 28, 2020 (Ex. SD-017), and the vulnerable-persons order expired May 11, 2020 (Ex. SD-015); DOH isolation and quarantine directives were enforceable by injunction under HB 1295 from April 1, 2020 to July 1, 2021; the Cheyenne River Sioux Tribe ran checkpoints and mandatory quarantines from April 2020; EO 2020-28 closed driver exam stations, then appointment only (Ex. SD-024; Ex. SD-025; Ex. SD-029); the judicial emergency and courthouse entry bars ran through the third quarter of 2021 (Ex. SD-045; Ex. SD-088).

Wisconsin's Emergency Order 1 closed all K-12 schools March 13, 2020 and Emergency Order 28 § 4.a closed them "for the remainder of the 2019-2020 school year," a provision that survived Wisconsin Legislature v. Palm (Ex. WI-007); Emergency Order 12 § 5 provided that "[a]ll forms of travel are prohibited, except for Essential Travel" March 25 to April 24, 2020 (Ex. WI-002); Safer at Home was struck May 13, 2020 (Ex. WI-007); Emergency Order 1 under EO 82 (effective August 1, 2020) required face coverings for every individual five and older indoors including in "taxis, public transit, ride-share vehicles" (Ex. WI-009), one of the airborne-transmission controls the State imposed on every indoor public setting and an exposure control placed on the ride, continued to March 31, 2021 (Ex. WI-011; Ex. WI-015; Ex. WI-021); the DMV closed March 20, 2020 at the Governor's direction and reopened appointment-only with skills tests cancelled, as its releases record (Ex. AGY-ST-DMV-SOS-RECORDERS-007; Ex. AGY-ST-DMV-SOS-RECORDERS-009; Ex. AGY-ST-DMV-SOS-RECORDERS-010; Ex. AGY-ST-DMV-SOS-RECORDERS-011); local health officers' powers under Wis. Stat. ch. 252 remained in force and were exercised in the third quarter of 2021 (Ex. WI-039), an authority the Wisconsin Supreme Court confirmed on July 8, 2022 in Becker v. Dane County (Ex. WI-024, a post-period opinion cited for the authority it confirms).

The South

In Alabama, all schools closed to in-person instruction March 19, 2020 (Ex. AL-005; Ex. AL-006) with alternate instruction from April 6 (Ex. AL-010); gatherings of twenty-five or more were prohibited from March 19 and non-work gatherings of ten from March 28 (Ex. AL-005; Ex. AL-011); Stay at Home ran April 4-30 (Ex. AL-013); Safer at Home barred gatherings that cannot keep six feet (Ex. AL-020; Ex. AL-021); employers were directed to minimize employee travel April 30, 2020 to April 9, 2021 (Ex. AL-017); the statewide face-covering order for "each person" in public, one of the exposure controls of the Safer at Home orders that also fixed distancing and sanitation rules for every open business, ran July 16, 2020 to April 9, 2021 (Ex. AL-027); the last statewide order expired May 31, 2021 (Ex. AL-051) and the emergency terminated July 6, 2021 (Ex. AL-079); driver license offices closed "Until Further Notice" under the State of Emergency, as ALEA's notice records (Ex. AGY-ST-DMV-SOS-RECORDERS-099); the State of Emergency of August 13, 2021 ran through September 30 (Ex. AL-052, whose own term ran past the quarter; extended October 8, 2021 through October 31 by Ex. AL-053, post-period).

Arkansas's schools closed to on-site instruction March 17, 2020 for the year (Ex. AR-001; Ex. AR-035; Ex. AR-003; Ex. AR-005); gatherings over ten were prohibited March 27 (Ex. AR-002; Ex. AR-038); a fourteen-day quarantine bound arrivals from New York, New Jersey, Connecticut, New Orleans and abroad from March 30, 2020, mandatory under EO 20-25 ¶ 5 and lifted June 15, 2020 (Ex. AR-039; Ex. AR-047; Ex. AR-050); the statewide face-covering mandate, one of the airborne-transmission controls the State imposed on every indoor public setting, ran July 20, 2020 to March 31, 2021 (Ex. AR-009; Ex. AR-060; Ex. AR-070); EO 21-14 declared a statewide public-health emergency July 29 to September 27, 2021 (Ex. AR-017); Act 1002 barred school face-covering mandates from April 28, 2021 (Ex. AR-031) and was preliminarily enjoined by the Pulaski County Circuit Court on August 6, 2021 (recited in Ex. AR-031), the Supreme Court of Arkansas refusing a stay of the injunction by Formal Order of September 30, 2021 (Ex. AR-081), with the Department of Health's exclusion and quarantine orders under Ark. Code Ann. § 20-7-110 governing exposed students and staff in 2021-22 (the Department's quarantine notices, Ex. AR-073), the DESE-ADH 2021-22 guidance of July 27, 2021 (Ex. AR-080) cited as the agencies' record of those orders' operation in the schools, as context.

Delaware's schools closed March 16, 2020 for the year (Ex. DE-067; Ex. DE-068; Ex. DE-069); the Fifth Modification provided that "[a]ll travel ... except Essential Travel or travel for Essential Activities ... is prohibited" March 24 to June 1, 2020 (Ex. DE-006) and the Seventh Modification (March 29, 2020) that "[a]ny individual who enters Delaware from another state, and who is not merely passing through, must immediately self-quarantine for fourteen (14) days" March 30 to June 1, 2020 (Ex. DE-010); the Thirteenth Modification required face coverings on transit and in businesses from April 28, 2020 (Ex. DE-017), an exposure control placed on the ride and its operator and one of the airborne-transmission controls the State imposed on every indoor public setting; the Twenty-Fifth Modification reopened schools with universal face coverings, three-foot seating and bus rules from August 27, 2020 (Ex. DE-029; Ex. DE-031), infection-prevention conditions of in-person instruction alongside the seating and bus rules; the Twenty-Eighth Modification struck capacity, gathering and general face-covering mandates May 21, 2021 (Ex. DE-037) and the Twenty-Ninth Modification and its revision carried the transit, school and health-care face-covering requirements, the exposure controls kept on the ride, the campus and the clinic, until the State of Emergency was terminated at 12:01 a.m. July 13, 2021 (Ex. DE-038; Ex. DE-039; Ex. DE-040), the same day's Public Health Emergency declaration and the DHSS infection-control regulations of July 1, 2021 carrying the State layer through the quarter (Ex. DE-041; Ex. DE-061; Ex. DE-062; Ex. DE-063); universal K-12 face coverings "regardless of vaccination status" returned August 16, 2021 (Ex. DE-044), an infection-prevention condition of in-person instruction; DMV road examinations were suspended from March 16-17, 2020, as DelDOT's announcement records (Ex. DE-072); the Cape May-Lewes Ferry suspended foot passengers March 16, 2020 (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-076).

The District of Columbia's MO 2020-054 barred all but Essential Travel April 1 to May 29, 2020; MO 2020-058 (April 8-9, 2020) required face coverings of taxi and ride-share passengers (Ex. DC-007) and MO 2020-063 of transport employees (Ex. DC-008), exposure controls placed on the ride and its operator; Mayor's Order 2020-081 (July 24, 2020; effective 12:01 a.m. July 27) bound non-essential travelers from listed States to a fourteen-day self-quarantine and Mayor's Order 2020-110 (November 6, 2020; effective November 9) required a pre-arrival test (Ex. DC-081; Ex. DC-012; DC Health's travel guidance page as the record of the regime's operation, Ex. DC-050), lifted May 21, 2021; the DMV operated "on an Appointment Only Basis" June 23, 2020 to July 19-20, 2021 (Ex. DC-082); MO 2021-096 kept the public emergency to October 8, 2021 (Ex. DC-021), MO 2021-097 reinstated universal indoor face coverings from July 31, 2021 with $1,000 fines (Ex. DC-057), an airborne-transmission control reinstated on every indoor public setting, and the school orders imposed the infection-prevention regime of face coverings, quarantine and adult vaccination (Ex. DC-074; Ex. DC-076).

Florida's EO 20-80 (March 23, 2020) required fourteen-day isolation of air travelers from New York, New Jersey and Connecticut (Ex. FL-011), EO 20-82 of all persons entering from areas of substantial spread with law enforcement to report violators (Ex. FL-012), EO 20-86 of Louisiana road travelers with I-10 and I-95 checkpoints (Ex. FL-015; Ex. SEC-11-040; Ex. SEC-11-041), extended (Ex. FL-022; Ex. FL-034) and rescinded August 5, 2020 (Ex. FL-042); vacation rentals were suspended March 27, 2020 (Ex. SEC-06-044); Safer at Home ran April 3 to May 4, 2020; EO 20-244 (September 25, 2020) lifted the State caps (Ex. FL-047); the FLHSMV extended licenses and CDL medical certificates and suspended registration requirements from March 14, 2020 (Ex. FL-087; Ex. FL-088; Ex. FL-090); the Greater Orlando Aviation Authority required face coverings of all 22,000 badged airport employees from June 17, 2020 (Ex. AGY-AVIATION-SURFACE-084), an occupational-health control on the airport's workforce; PortMiami, Port Tampa Bay and Port Canaveral recorded cruise cessation from March 13, 2020 (Ex. AGY-USCG-PORTS-073; Ex. AGY-USCG-PORTS-072; Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-058); in 2021 SB 2006 and EO 21-101 voided local COVID orders (Ex. FL-030; Ex. FL-059), EO 21-175 and DOH rule 64DER21-12 fixed the school face-covering opt-out and exposure exclusion (Ex. FL-063; Ex. FL-032), Miami-Dade County Public Schools required face coverings on school buses from August 23, 2021 (Ex. MET-MIA-095, secondary), an infection-prevention condition of every route, and the Conditional Sailing Order was enjoined as to Florida ports from July 23, 2021 while in force elsewhere (Ex. SEC-06-009).

In Georgia, all schools closed to in-person instruction March 18, 2020 through the year (Ex. GA-003; Ex. GA-008; Ex. GA-009); Shelter in Place limited "Necessary Travel" April 3-30, 2020 (Ex. GA-010) and the vacation-rental ban kept Georgia from "becoming a vacation destination for out-of-state individuals" (Ex. GA-014); EO 03.25.20.01 extended every license 120 days and curtailed Driver Services (Ex. GA-007); the gathering ban ran to April 8, 2021 and the Local Option Face Covering Requirement August 16, 2020 to June 30, 2021 (Ex. GA-027; Ex. GA-038), the airborne-transmission control the State's orders let counties and cities impose on every indoor public setting; the Georgia Ports Authority imposed temperature checks at every access point from April 21, 2020 (Ex. AGY-USCG-PORTS-081); the State of Emergency for Continued COVID-19 Economic Recovery ran through the third quarter of 2021 with hours-of-service suspensions from August 30 (Ex. GA-041; Ex. GA-059; Ex. GA-060; Ex. GA-046; Ex. GA-045).

In Kentucky, in-person classes ceased March 16, 2020 for the year; EO 2020-258 (March 30, 2020) instructed residents "not to travel into any other state" except for work, supplies, care or court order, with fourteen-day self-quarantine on return (Ex. KY-011; Ex. SEC-06-024), and inbound out-of-state residents were quarantined April 3 (Ex. KY-013); Healthy at Home ran from March 26 (Ex. KY-010); the public face-covering mandate, one of the airborne-transmission controls the State imposed on every indoor public setting, ran July 10, 2020 to June 11, 2021 (Ex. KY-022; Ex. KY-048); all K-12 schools were ordered remote from November 23, 2020 (Ex. KY-034) and reopened under Healthy at School (Ex. KY-037; Ex. KY-042); driver-licensing offices closed March 18, 2020, as the Transportation Cabinet's notices record (Ex. AGY-ST-DMV-SOS-RECORDERS-029; Ex. AGY-ST-DMV-SOS-RECORDERS-030), with KYTC Official Order No. 112204 (May 28, 2020) governing the limited reopening (Ex. KY-020); EO 2021-386 ¶ 4 kept face coverings in "public transportation, health-care and long-term-care settings" June 11 to September 7, 2021 (Ex. KY-049), an exposure control kept on the ride and its operator; EO 2021-585 (August 10, 2021) required face coverings in every school and child-care setting (Ex. KY-052; Ex. KY-053; Ex. KY-054), an infection-prevention condition of in-person instruction, until SB 1 (Ex. KY-057).

Louisiana's public schools closed to students March 16, 2020 for the year (27 JBE 2020, Ex. LA-002); 30 JBE 2020 closed casinos, bars, theaters and gyms and capped gatherings at fifty from March 17 (Ex. LA-003); Stay at Home (33 JBE 2020) ran March 23 to May 15, 2020 (Ex. LA-005); the BESE emergency rule of July 14, 2020 fixed bus capacity at 25, 50 and 75 percent by phase with symptom screening and face coverings (Ex. LA-072, secondary); the July 13, 2020 face-covering order (89 JBE 2020, Ex. LA-014) was an exposure-control requirement that reached every individual in public and commercial transportation and placed the enforcement duty on the business, and the CDC conveyance requirement was restated as a State requirement in every 2021 proclamation (Ex. LA-030; Ex. LA-031; Ex. LA-032; Ex. LA-034; Ex. LA-035; Ex. LA-036; Ex. LA-037; Ex. LA-038; Ex. LA-039; Ex. LA-040); 93 JBE 2021 ended the general restrictions May 26, 2021 (Ex. LA-032); 137 JBE 2021 imposed a statewide indoor face-covering mandate from August 4, 2021, an airborne-transmission control reinstated on every indoor public setting with citations to the business that fails to enforce it, continued by 167 and 181 JBE 2021 to October 27 (Ex. LA-036; Ex. LA-038; Ex. LA-040); the OMV closed statewide under the Governor's proclamations, as its banner records (Ex. AGY-ST-DMV-SOS-RECORDERS-097); New Orleans required vaccination proof from August 16, 2021 (Ex. MET-MSY-029).

Maryland's State Superintendent closed all public schools from March 16, 2020 for the year (described by category from the State Superintendent's recovery plan of May 2020, Ex. MD-099, secondary, and the Prince George's County district's closure announcement of March 12, 2020, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-011, cited as context); the Stay-at-Home Order limited all travel March 30 to May 15, 2020 (Ex. MD-007); Order 20-04-15-01 required face coverings on public transportation from April 18, 2020 (Ex. MD-008), an exposure control placed on the ride and its operator, universal from July 31, 2020 (Ex. MD-014), one of the airborne-transmission controls the State imposed on every indoor public setting, limited to transit, school buses, schools and health care from May 15, 2021 (Ex. MD-030) and rescinded at 12:01 a.m. July 1, 2021 (Ex. MD-031 § I.a); the December 17, 2020 orders required a test or quarantine of every traveler from States other than the neighbors to January 31, 2021 (Ex. MD-023; Ex. MD-050); MVA credentials were extended from March 12, 2020 to August 15, 2021 (Ex. MD-098; Ex. MD-031) and Order 21-06-15-01 kept the emergency and fourteen orders in force to August 15, 2021 (Ex. MD-031); masks remained required "for the duration of your ride" on MDOT MTA transit under the federal conveyance order after the State's residual order was rescinded, with reduced MARC and commuter-bus service, as the authority's page of July 12, 2021 records (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-005, context); Prince George's County Public Schools announced masking and employee vaccination-or-testing in September 2021 under the State Board of Education's emergency regulation and the MDH orders (Ex. MD-055; Ex. MD-058; the district's notices, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-017 and Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-018, as context); Baltimore reinstated indoor face coverings August 10, 2021 (Ex. MET-BAL-017), an airborne-transmission control reinstated on the city's indoor public settings.

Mississippi's EO 1460 closed schools March 19, 2020 and EO 1476 through the year (Ex. MS-005; Ex. MS-013); Shelter in Place (EO 1466) ran April 3-27 with Essential Travel only to June 1, 2020 (Ex. MS-009); face coverings, an infection-prevention condition of in-person instruction, were mandatory in every school building from August 4, 2020 through the 2020-21 year and, as an airborne-transmission control on every indoor public setting, statewide August 5 to September 30, 2020 (Ex. MS-053, carrying the school requirement to the end of the 2020-21 year; the August 2020 orders are described by category); county face-covering and gathering orders ran July 13, 2020 to March 3, 2021 in seventy-eight of eighty-two counties; EO 1549 (March 3, 2021) converted business terms to recommendations (Ex. MS-051); Driver Service Bureau licenses were extended to August 3, 2020 (Ex. MS-012) and EO 1467 provided remote notarization for the emergency plus fourteen days (Ex. AGY-ST-DMV-SOS-RECORDERS-113); the State of Emergency of March 14, 2020 remained in force through the third quarter of 2021 (recited in Ex. MS-077, a press report, secondary; its expiry on November 20, 2021 recorded in Ex. MS-055, a post-period press report), with the State Health Officer's ten-day isolation and quarantine directives of August 2021 described by category.

North Carolina's EO 117 § 2 closed schools for students March 16, 2020 (Ex. NC-002), through the year (Ex. NC-034); EO 121 § 1(2): "Only travel for Essential Activities as defined herein is permitted" March 30 to May 8, 2020 (Ex. NC-005); the night-time travel restriction of EO 181 ran December 11, 2020 to February 26, 2021 (Ex. NC-023); EO 147 (June 26, 2020) required face coverings in "public or private transportation" (Ex. NC-013), carried by EO 215 and EO 220 § 3.4 "on all public and private transportation, airports, bus and train stations" to 5:00 p.m. July 30, 2021 (Ex. NC-029; Ex. NC-030), an exposure control placed on the ride and its operator; S.L. 2020-3 § 4.7 extended twenty-seven categories of DMV credential, including CDLs, presupposing "the date the Division reopens all drivers license offices" (Ex. AGY-ST-DMV-SOS-RECORDERS-043; Ex. NC-034); Hyde County's declaration barred visitors from Ocracoke-bound ferries from 5:00 a.m. March 19, 2020, as recorded in NCDOT's release of March 18, 2020 (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-047), and NCDOT cancelled the 2020 Ocracoke Express season (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-050); S.L. 2021-130 § 10 required monthly board votes on face-covering policies from August 30, 2021 (Ex. NC-032) and EO 224 imposed Cabinet-worker vaccination-or-testing (Ex. NC-031).

Oklahoma's State Board of Education ordered all accredited public schools to cease operations March 17, 2020 and on March 25 ordered a Distance Learning Plan completing the year without reopening buildings (Ex. AGY-ST-EDUCATION-HIGHER-ED-037; Ex. AGY-ST-EDUCATION-HIGHER-ED-038); the Sixth Amended EO 2020-07 ¶ 26 (March 29, 2020) required "all persons who enter the State of Oklahoma by air from an area with substantial community spread ... [to] quarantine for a period of 14 days," carried through EO 2020-13 to May 12, 2020 (Ex. OK-010); Safer at Home ran March 25 to May 6, 2020 (Fourth Amended Executive Order 2020-07, Ex. OK-006; statewide closure by the Seventh Amended order, Ex. OK-011), and Oklahoma City's Revised Proclamation of April 2, 2020 required non-essential businesses to close and residents to shelter in place through April 30 (Ex. OK-052); the Eighth Amended EO 2020-07 (April 2, 2020) directed school-staff payment (Ex. OK-013); EO 2021-05 (February 10, 2021) directed DPS to waive restrictions on motor license agents and CDL testing "because of COVID-19 processing delays" (Ex. OK-036; Ex. OK-038); the First Amended EO 2021-07 removed every business, face-covering and gathering restriction March 12, 2021 (Ex. OK-039); SB 658 (July 1, 2021) barred district face-covering mandates absent a gubernatorial emergency (Ex. OK-043).

South Carolina's EO 2020-09 § 2 closed all public schools, colleges and technical colleges from March 16, 2020 (Ex. SC-002), extended for the emergency (Ex. SC-024); EO 2020-14 imposed a fourteen-day self-quarantine on every person entering from New York, New Jersey, Connecticut or New Orleans March 27 to May 1, 2020, enforceable under S.C. Code § 16-7-10(A) (Ex. SC-007; Ex. SC-017), with a lodging booking ban on those travelers (Ex. SC-012; Ex. SEC-06-019); Home or Work ran April 7 to May 4, 2020; "Face coverings required on school buses and in public school facilities" from August 3, 2020 (Ex. SC-057), an infection-prevention condition of in-person instruction and of every route; the SCDMV extended credentials expiring March 1 to June 30, 2020 and urged "[a]ll public and private businesses, companies, agencies, and organizations of any kind ... to accept these documents as valid," and suspended road tests April 8, 2020 (Ex. AGY-ST-DMV-SOS-RECORDERS-026; Ex. AGY-ST-DMV-SOS-RECORDERS-024), the agency's notices cited as its record of the closures carried out under EO 2020-09 and the State of Emergency; EO 2021-12 ended the general restrictions March 5, 2021; Act 102 required five-day in-person instruction for 2021-22 (Ex. SC-044) and Proviso 1.108 barred funded face-covering mandates from July 1, 2021 (Ex. SC-045), with the DHEC Exclusion List requiring exclusion of cases and quarantine of close contacts (Ex. SC-062).

In Tennessee, every district closed by March 20, 2020 on the Governor's urging and "all districts have agreed" (Ex. TN-063), extended to the year's end (Ex. TN-064); EO 22 limited schools to distance learning March 31 to April 28, 2020 and required that known positives "shall stay at home" and that employers "shall not require or allow" them to work, continued to February 27, 2021; EO 17 capped gatherings at ten March 22, 2020 and Safer at Home ran April 2-30; EO 15 ¶¶ 22-23 extended registrations and licenses and Driver Services Centers offered "LIMITED SERVICES" with CDL and knowledge tests suspended to May 18, 2020 (Ex. AGY-ST-DMV-SOS-RECORDERS-005; Ex. AGY-ST-DMV-SOS-RECORDERS-022; Ex. AGY-ST-DMV-SOS-RECORDERS-023); the last statewide gathering restriction ended January 31, 2021 and county face-covering authority April 28, 2021; EO 83 (August 6 to October 5, 2021) continued health-care flexibilities and quarantine facilities (Ex. TN-035) and EO 84 (August 16, 2021) fixed the school face-covering opt-out (Ex. TN-036), enjoined in Shelby, Williamson and Knox Counties (Ex. TN-086; Ex. TN-067; Ex. TN-068).

Texas's GA-08 closed schools March 20, 2020 (Ex. TX-003), GA-14 to May 4 (Ex. TX-008) and GA-16, GA-18 and GA-21 for the year; GA-11 (effective noon March 28, 2020) imposed a fourteen-day DPS-enforced quarantine on air travelers from New York, New Jersey, Connecticut and New Orleans with unannounced compliance visits (Ex. TX-006), GA-12 on road travelers from Louisiana with DPS checkpoints (Ex. TX-007; Ex. SEC-11-044), GA-20 kept nine air jurisdictions (Ex. TX-013) and GA-24 terminated all May 21, 2020; GA-29 (July 3, 2020 to March 10, 2021) required face coverings inside every commercial entity with $250 fines, an airborne-transmission control on every Texas workplace open to the public (Ex. TX-022); the TEA's 2020-21 public health planning guidance, issued under GA-29 and the Commissioner's authority, set daily screening, exclusion, fourteen-day close-contact quarantine and face coverings per GA-29 as the conditions of on-campus instruction (Ex. AGY-ST-EDUCATION-HIGHER-ED-010, cited as the agency's implementing guidance); GA-34 ended the statewide business and gathering restrictions March 10, 2021 (Ex. TX-029) and GA-36 kept school face coverings to June 4, 2021 (Ex. TX-031); GA-38 ¶ 3.e (July 29, 2021) ordered that public schools "may operate as provided by, and under the minimum standard health protocols found in, guidance issued by the Texas Education Agency," so that the mandatory exclusion and quarantine of positive and exposed students and staff in 2021-22 ran as an order issued under GA-38, the TEA protocols cited as the agency's record of that order's operation, as context, and GA-38 and GA-39 (August 25) barred governmental face-covering and vaccination mandates (Ex. TX-036; Ex. TX-037); the title and registration waiver ran March 16, 2020 to April 14, 2021 (Ex. TX-069); the notary personal-appearance suspension ran all of the third quarter of 2021 (Ex. AGY-ST-DMV-SOS-RECORDERS-044); Houston ISD's face-covering mandate of August 12, 2021, an infection-prevention condition of in-person instruction, survived under a Travis County injunction (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-047; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-049; the district's announcement, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-048, as context).

Virginia's EO 53 ¶ 2 (March 23, 2020) ordered the "[c]essation of all in-person instruction at K-12 schools, public and private, for the remainder of the 2019-2020 school year" and capped gatherings at ten; EO 55 confined residents to enumerated purposes March 30 to June 10, 2020 (Ex. VA-006); EO 63 and PHE Order Five (May 29, 2020) required face coverings in "public transportation, ride share" as a Class 1 misdemeanor (Ex. VA-012), an exposure control placed on the ride and its operator; EO 72 imposed a curfew December 14, 2020 to February 28, 2021 and face coverings for everyone five and older to May 28, 2021, one of the airborne-transmission controls the State imposed on every indoor public setting (Ex. VA-016; Ex. VA-026; Ex. VA-027; ended by EO 79, Ex. VA-017; Ex. VA-029); the DOLI Standard 16VAC25-220 bound every employer from January 27, 2021 and was amended September 8, 2021 (Ex. VA-037; Ex. VA-038); the Order of Public Health Emergency Ten (August 12, 2021) required "all individuals aged two and older to wear masks when indoors at public and private K-12 schools," enforceable under § 32.1-27 (Ex. AGY-ST-EDUCATION-HIGHER-ED-029), an infection-prevention condition of in-person instruction; the judicial emergency ran March 16, 2020 through October 13, 2021 (Ex. VA-041; Ex. VA-042); the Port of Virginia enforced truck-gate rules by removal (Ex. AGY-USCG-PORTS-078).

West Virginia's EO 9-20 § 3(o) limited educational institutions to distance learning March 24, 2020 (Ex. WV-009) and EO 56-20 barred in-person instruction before September 8, 2020 (Ex. WV-044); EO 14-20 (effective March 31, 2020) imposed fourteen-day isolation on entry for all individuals "travelling from areas with substantial community spread of COVID-19, including without limitation Louisiana, New York, New Jersey, Connecticut, Italy, and China," with State Police monitoring and misdemeanor penalties, to May 21, 2020 (Ex. WV-012; Ex. WV-033); Stay at Home ran March 24 to May 4 (Ex. WV-009); EO 50-20 and EO 77-20 required face coverings indoors from July 7 and November 14, 2020 to June 20, 2021 (Ex. WV-041; Ex. WV-051; Ex. WV-066), one of the airborne-transmission controls the State imposed on every indoor public setting; vehicle-inspection deadlines were suspended from March 19, 2020 to October 1, 2021 (Ex. WV-007; Ex. WV-067); EO 10-21 kept schools under local health department coordination and EO 12-21 ¶ 6 barred travel sports teams from Red counties through the third quarter of 2021 (Ex. WV-062; Ex. WV-063).

The Northeast

Connecticut's EO 7C § 1 cancelled all public school classes March 17, 2020 (Ex. CT-003), through the year (Ex. CT-009; Ex. CT-015; Ex. CT-017); EO 7R ¶ 3 (April 1, 2020) directed the renegotiation of student-transportation contracts so providers "may compensate their active employees and provide them health insurance ... whether or not services are actually or immediately rendered" (Ex. SEC-21-011); Stay Safe Stay Home ran March 23 to May 20, 2020 (Ex. CT-007); EO 7BB (effective 8:00 p.m. April 20, 2020): "individuals shall use a mask or cloth face covering when using the services of any taxi, car, livery, ride-sharing or similar service or means of mass public transit" (Ex. CT-016), an exposure control placed on the ride and its operator, continued by EO 7NNN (Ex. CT-024) with $100 fines under EO 9B (Ex. CT-028); the tri-State travel advisory of June 25, 2020 (Ex. CT-022) became a mandatory fourteen-day quarantine with a Travel Health Form and $1,000 civil penalty from July 24, 2020 (Ex. CT-023), a ten-day quarantine for arrivals from every State but New York, New Jersey and Rhode Island December 19, 2020 (Ex. CT-034), repealed March 19, 2021 (Ex. CT-037); DMV branches closed under EO 7C § 7 with every credential extended ninety days (Ex. CT-062); CTDOT ran rear-door boarding and "ESSENTIAL TRAVEL ONLY" statewide from March 19, 2020 and the Connecticut River ferries did not resume until June 20, 2020 (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-010; Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-039); EO 12B repealed the sector rules May 20, 2021 (Ex. CT-046); in the third quarter EO 12A and EO 13A carried the face-covering order and the DPH universal school-masking order (Ex. CT-045; Ex. CT-047; Ex. CT-050; Ex. CT-052), the airborne-transmission control on indoor settings and the infection-prevention condition of in-person instruction, and EO 13D (August 19, 2021), superseded by EO 13G (September 10, 2021), required school and child-care covered workers vaccinated or tested weekly from September 27, 2021 (Ex. CT-054; Ex. CT-056).

Maine's EO 28 FY 19/20 continued the termination of in-person instruction to at least May 1, 2020 (Ex. ME-011); EO 34 FY 19/20 (April 3, 2020): "any person, resident or non-resident, traveling into Maine must immediately self-quarantine for 14 days," a Class E crime (Ex. ME-013), continued "until further notice" (Ex. ME-025), with the test-or-quarantine and Certificate of Compliance regime of EO 57 from June 9, 2020 (Ex. ME-026), exemptions by State (Ex. ME-044; Ex. ME-053), lifted for domestic travelers May 1, 2021 and expired June 30, 2021; EO 18 FY 19/20 § A extended "the expiration dates of all driver's licenses, both commercial and noncommercial" (Ex. ME-006); face coverings were required in public settings from May 1, 2020 (Ex. ME-021), one of the airborne-transmission controls the State imposed on every indoor public setting, and in every school and child-care setting for all persons five and older (Ex. ME-034; Ex. ME-036), an infection-prevention condition of in-person instruction; the emergency and every remaining general order expired June 30, 2021 (Ex. ME-060), with the Maine CDC's health-care worker vaccination rule of August 12, 2021 (Ex. ME-061).

Massachusetts's Orders No. 3, 16 and 28 suspended K-12 in-person instruction March 16, 2020 through June 29, 2020 with no in-person summer programs before June 29 without DESE permission; Order No. 13 confined residents March 24 to May 18, 2020 (Ex. MA-008); Order No. 31 (effective May 6, 2020) required face coverings of "all workers and customers of businesses and other organizations open to the public" and at all times in "transportation services" (Ex. MA-016), one of the airborne-transmission controls the State imposed on every indoor public setting and an exposure control placed on the ride; COVID-19 Order No. 45 (effective August 1, 2020) provided that "all persons arriving in Massachusetts by any means or mode must quarantine for 14 days" unless from a lower-transmission State or holding a negative test within 72 hours, with a Massachusetts Travel Form and $500 per day, rescinded March 22, 2021 (Ex. MA-025; Ex. SEC-06-017); the RMV limited in-person transactions and extended expirations from March 15, 2020 to May 29, 2021 under COVID-19 Orders 6, 11, 39, 47 and 64; Order No. 69 rescinded the COVID-19 Orders May 29, 2021 and terminated the emergency June 15, 2021 (Ex. MA-048), while the Governor's declaration of a public health emergency of May 28, 2021 (Ex. MA-049) and the DPH order requiring face coverings in health-care, congregate-care, shelter, correctional and home-health settings from May 29, 2021, reissued June 14, 2021, remained in force, reaching this industry's workforce and patient-transport customers (Ex. MA-050; Ex. MA-054), an infection-prevention control kept on those settings, with transit masking from May 29, 2021 governed by the federal conveyance order as the MBTA implemented it; the Board's "exigent circumstances" vote of August 24, 2021 and the Commissioner's face-covering requirement bound every student over five and staff member from August 25, 2021 (Ex. MA-071; Ex. AGY-ST-EDUCATION-HIGHER-ED-068), an infection-prevention condition of in-person instruction; Boston's convention centers stayed closed to public conventions until September 3, 2021 (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-043; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-044).

New Hampshire's Emergency Order #1 closed all public K-12 schools "to students" from March 16, 2020 (Ex. NH-002), through the year (Ex. NH-011; Ex. NH-016); EO #2 capped gatherings at fifty (Ex. NH-003) and Stay at Home ran March 27 to June 15, 2020; Emergency Order #72 (November 14, 2020) (Ex. NH-027; Exhibit A, Ex. NH-028) made the DHHS Travel Guidance (Ex. NH-059; ten-day version from December 3, Ex. NH-074) mandatory for "all New Hampshire residents and travelers/visitors" from November 15, 2020, domestic quarantine dropped March 16, 2021 with international and cruise travel kept ten days (Ex. NH-060), continued through May 7, 2021 (Ex. NH-038); the statewide face-covering mandate, one of the airborne-transmission controls the State imposed on every indoor public setting, ran November 20, 2020 to April 16, 2021; EO #29 modified agency deadlines and licensing rules through April 14, 2021 (Ex. NH-014; Ex. NH-075); the emergency and all remaining Emergency Orders ended June 11, 2021 (Ex. NH-039); exclusion and quarantine in the 2021-22 schools ran under the isolation and quarantine authority of RSA 141-C and the DHHS directives issued under RSA 141-C:11 and :15 (Ex. NH-063; Ex. NH-064), with the DHHS School and Childcare Toolkit of August 11, 2021 (Ex. NH-066) cited as the agency's record of those orders' operation, as context.

New Jersey's EO 104 ¶ 2 and EO 107 ¶ 12 closed schools to students from March 18, 2020 for the year (Ex. NJ-004); P.L. 2020, c. 27 (April 14, 2020) required school districts to pay contracted transportation providers "as if the services ... had been provided, and as if the school facilities had remained open," the payments "to be used to meet the payroll and fixed costs obligations of the contracted service provider," excluding "indirect costs such as fuel or tolls" (Ex. SEC-21-010); EO 107 barred all gatherings March 21, 2020; EO 125 (effective 8:00 p.m. April 13, 2020) limited NJ TRANSIT, the private carriers under contract to it, unaffiliated private carriers and Access Link paratransit carriers to fifty percent of maximum capacity with face coverings for workers and customers and back-door boarding wherever feasible (Ex. NJ-013), exposure controls placed on the carrier and the ride, the cap lifted July 15, 2020 (Ex. NJ-030); the MVC closed "all ... agencies, road testing, and inspection facilities" to the public March 16 to July 7, 2020 at the Governor's direction under EOs 103 and 104, as its notice records (Ex. AGY-ST-DMV-SOS-RECORDERS-019; Ex. NJ-107) and extended CDLs and CLPs to December 31, 2020 "mirror[ing] those issued recently by the Federal Motor Carrier Safety Administration" (Ex. AGY-ST-DMV-SOS-RECORDERS-021; Ex. AGY-ST-DMV-SOS-RECORDERS-027); EO 175 ran the 2020-21 year in person or hybrid under six-foot distancing and mandatory masking, infection-prevention conditions of in-person instruction; EO 242 (May 28, 2021) ended capacity, distancing and indoor public masking while preserving school and transit masking (Ex. NJ-050), the exposure controls kept on the ride and the campus, EO 243 kept in-person worksite requirements (Ex. NJ-051) and EO 244 ended the Public Health Emergency June 4, 2021 with survivors fixed by P.L. 2021, c. 103 (Ex. NJ-052; Ex. NJ-053); EO 251 required indoor face coverings in every public, private and parochial school from August 9, 2021 (Ex. NJ-055), an infection-prevention condition of in-person instruction, and EO 253 (August 23, 2021) required all school workers vaccinated or tested from October 18 (Ex. NJ-057); Atlantic City's casinos were closed March 16 to July 2, 2020 (Ex. SEC-06-026; Ex. SEC-06-027).

New York's EO 202.4 closed every school by March 18, 2020 (Ex. NY-011), extended through May 15 and the year (Ex. NY-014; Ex. NY-018); EO 202.8 (March 20, 2020) imposed PAUSE and cancelled "any appointment that is in-person at any state or county department of motor vehicles," permitting "only on-line transactions" (Ex. NY-002); EO 202.10 (March 23, 2020) prohibited all non-essential gatherings; EO 202.18 (effective 8 p.m. April 17, 2020): "Any person utilizing public or private transportation carriers or other for-hire vehicles, who is over age two and able to medically tolerate a face covering, shall wear a mask or face covering over the nose and mouth during any such trip; any person who is operating such public or private transport, shall likewise wear a face covering or mask" (Ex. NY-018), codified in 10 NYCRR Subpart 66-3 (Ex. NY-133), an exposure control placed on the ride and its operator; EO 205 (effective 12:01 a.m. June 25, 2020) provided that travelers from States above ten cases per 100,000 or ten percent positivity "will be required to quarantine for a period of 14 days," with a civil penalty up to $10,000 (Ex. NY-006; Ex. NY-077), extended to CDC Level 2 and 3 countries with a traveler health form (Ex. ECO-C-002 chain), converted to a pre-departure test and three-day quarantine with test-out from November 4, 2020, ended for domestic travelers April 1, 2021 and rescinded June 25, 2021 (Ex. NY-049); reopening from September 1, 2020 ran only under DOH guidance and NYSED plans (Ex. NY-122; Ex. AGY-ST-EDUCATION-HIGHER-ED-016, the Department's reopening guidance, cited as context) with schools closed in red and orange zones; EO 202.108 ended percentage capacity limits May 19, 2021 (Ex. NY-054) and EO 202.111 the remaining gathering limits June 15 (Ex. NY-057); in the third quarter of 2021 10 NYCRR 2.60 and the Commissioner's Determination of August 27, 2021 imposed universal indoor masking in schools (Ex. NY-071; Ex. NY-073; Ex. NY-076), an infection-prevention condition of in-person instruction, and 10 NYCRR 2.62 and the Determination of September 2, 2021 required weekly testing of unvaccinated "teachers, substitute teachers ... and support staff, including bus drivers," a requirement that "also applies to contractors working in a P-12 school" (Ex. NY-072; Ex. NY-075).

In Pennsylvania, all K-12 schools closed March 16, 2020 for the balance of the year (Ex. PA-081; Ex. PA-074; the Secretary's closure order of March 13, 2020 is described by category); Act 13 of 2020 § 1501.8(l) authorized school entities to renegotiate school bus contracts "to ensure contracted personnel and fixed costs, including administrative and equipment, are maintained during the period of school closure," with weekly proof that "complement levels remain at or above the level on March 13, 2020" (Ex. SEC-21-012); the stay-at-home orders limited travel to life-sustaining purposes March 23 to June 4, 2020 (Ex. PA-005; Ex. PA-006); face coverings were mandatory for employees and customers of every open business from April 19, 2020 under the Secretary of Health's worker-safety order, which also required distancing, staggered shifts and cleaning (Ex. PA-008), universal from July 1, 2020 (Ex. PA-015) and indoors "irrespective of physical distance" from November 18, 2020 with businesses required to "take reasonable steps to enforce" (Ex. PA-020), an exposure-control requirement placed on the business itself, with the duty to take reasonable steps to enforce it, and one of the airborne-transmission controls the State imposed on every indoor public setting; the Travel Mitigation Orders of November 20, 2020 to March 1, 2021 required a negative test within 72 hours or quarantine of every person entering or returning (Ex. PA-021; Ex. PA-027; Ex. PA-032; Ex. SEC-06-035); PennDOT closed every Driver License and Photo License Center from March 16, 2020 with expirations extended (Ex. PA-102; Ex. PA-103); the Pennsylvania Turnpike Commission suspended cash collection statewide from 8:00 p.m. March 16, 2020 and made all-electronic tolling permanent (Ex. AGY-AVIATION-SURFACE-051; Ex. AGY-AVIATION-SURFACE-052); the May 13, 2021 amendments ended capacity, gathering and workplace rules May 31, 2021 (Ex. PA-036) and the universal face-covering order ended June 28, 2021 (Ex. PA-106); Act 21 of 2021 extended the regulatory suspensions to September 30, 2021 and Act 73 to March 31, 2022 (Ex. PA-040; Ex. PA-043); the September 7, 2021 order required face coverings in every school entity and child-care facility (Ex. PA-042), an infection-prevention condition of in-person instruction; the Pennsylvania Convention Center closed March 12, 2020 (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-033).

Rhode Island's EO 20-03 quarantined international arrivals March 13, 2020 (Ex. RI-002), EO 20-10 domestic air travelers March 24 (Ex. RI-007), EO 20-12 New York arrivals March 26 (Ex. RI-008) and EO 20-13 and 20-14 every non-work arrival from any State from March 28, 2020 through the summer (Ex. RI-009; Ex. RI-010), then the hot-spot list with test-out from September 3, 2020 (Ex. RI-024) and the 2021 ten-day quarantine carried by the Reopening Orders to July 6, 2021 (Ex. RI-040; Ex. RI-043); EO 20-04 capped gatherings at twenty-five March 16, 2020 and Stay at Home ran March 28 to May 8; face coverings, one of the workplace infection-prevention and exposure-control requirements the State imposed, were compulsory at work from April 18 (EO 20-24) and in public from May 8, 2020, with RIPTA enforcing by seating reductions and refusal of boarding (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-071; Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-072); DMV Expiration Date Extensions Orders issued March 17 through August 2020 (Ex. RI-086; Ex. RI-087; Ex. RI-088); the caps ended May 21-28, 2021 (Ex. RI-040) and EO 21-76 (July 6, 2021) terminated the Reopening Order, the face-covering order and the remaining general orders (Ex. RI-047); EO 21-87 required universal indoor masking in every K-12 school from August 19, 2021 (Ex. RI-055), an infection-prevention condition of in-person instruction; EO 21-90 (August 26, 2021), the Student Transportation Order, suspended R.I. Gen. Laws § 31-22-11.6(a)(2)(i)'s vehicle-type requirements during the 2021-22 school-bus driver shortage so that RIDE's retained providers "may utilize: a. school buses ... b. pupil transportation vehicles ... c. school extra-curricular vehicles ... d. child care vehicles ... and e. family child care home vehicles" (Ex. RI-057), extended September 24, 2021 (Ex. RI-064); the quarantine-and-isolation order and its successors ran through the quarter (Ex. RI-036; Ex. RI-049; Ex. RI-052; Ex. RI-059; Ex. RI-060; Ex. RI-066).

Vermont's schools were dismissed by March 18, 2020 (Ex. VT-002) and for the year March 26 (Ex. VT-011); Addendum 7 (March 30, 2020) imposed a fourteen-day quarantine on all non-essential arrivals and suspended lodging operations and online reservations (Ex. VT-012), with quarantine-free travel by county map from June 8, 2020 (Ex. VT-024), the map suspended and universal quarantine from November 10, 2020 (Ex. VT-080), vaccinated exempt February 23, 2021 (Ex. VT-082) and all lifted June 14, 2021; Addendum 12 (effective May 4, 2020): "The traveling and commuting public shall wear face coverings over their nose and mouth any time they are using public transportation conveyances, including busses, trains and ride services and when in a mass transportation station or terminal" (Ex. VT-017), an exposure control placed on the ride and its operator; Directive 3 (March 18, 2020) extended license and registration renewals ninety days "in order to limit in-person visits to the DMV district offices" and suspended in-person transactions (Ex. VT-006); the State of Emergency expired June 15, 2021 (Ex. VT-044), with the AOE's fall 2021 memoranda adopted as face-covering requirements by every school board but one (Ex. VT-072; Ex. VT-074; Ex. VT-094), infection-prevention conditions of in-person instruction, the State-employee vaccination and attest-or-test requirements of September 1 and 15, 2021 (Ex. VT-083; Ex. VT-085), and the Canadian border restricted to November 8, 2021 (Ex. FED-236; the Governor's statement of July 19, 2021, Ex. VT-096, secondary).

The largest metropolitan areas

The metropolitan orders matter to this industry for three reasons: they added conveyance-specific rules the States did not (New York City's pooled-ride ban and Columbus's taxi face-covering ordinance, an exposure control on the ride); they governed the airports, transit systems and convention centers at which the industry's fleets queue and, through the transit agencies' rider rules of 2020 (rider caps, rear-door boarding, fare suspension and face coverings), fixed the exposure controls under which the industry's workers commuted; and in August and September 2021 they reinstated indoor face-covering mandates (the airborne-transmission control of the Delta wave), vaccination-proof conditions of entry and school face-covering rules in the country's largest markets while the Service's position holds that nothing was in force.

New York City's Emergency Executive Order No. 101 (March 17, 2020) provided that "all group riding (otherwise known as pooled or shared rides) shall be banned effective Tuesday, March 17, 2020 at 8pm" in TLC-licensed high-volume for-hire vehicles, renewed by five-day extensions (Ex. MET-NYC-004); EEO 98 declared the emergency that was extended thirty days at a time past September 30, 2021 (Ex. MET-NYC-001); the Key to NYC program (EEO 225, August 16, 2021, effective August 17) conditioned indoor dining, fitness and entertainment on proof of vaccination, restated by EEO 228, 239 and 250 through the quarter (Ex. MET-NYC-017; Ex. MET-NYC-018; Ex. MET-NYC-019; Ex. MET-NYC-021), and the Commissioner of Health's orders of August 24, September 15 and September 28, 2021 required vaccination of Department of Education staff and contractors (Ex. MET-NYC-040; Ex. MET-NYC-041; Ex. MET-NYC-042). San Francisco's Health Officer Order C19-07y (August 12, 2021) required vaccination proof of patrons from August 20, 2021 (Ex. MET-SFO-011); Pasadena's order required vaccination or a negative test for indoor mega-events from September 15, 2021 (Ex. MET-LA-056); Los Angeles County's Health Officer prohibited group events from March 16, 2020 (Ex. MET-LA-001). Chicago's Public Health Order 2020-1 (March 18, 2020) governed the whole period (Ex. MET-CHI-001), Chicago Department of Public Health Order 2020-10, the Emergency Travel Order (July 2, 2020; effective 12:01 a.m. July 6), quarantined arrivals from listed States (Ex. MET-CHI-019; re-issued November 13, 2020, Ex. MET-CHI-020; converted to an advisory June 29, 2021, Ex. MET-CHI-032; the collected copy, Ex. ECO-C-031), and Public Health Order 2021-1 (August 20, 2021) reinstated indoor face coverings (Ex. MET-CHI-026).

Dallas County's disaster declaration of March 12, 2020 (Ex. MET-DFW-001) and its August 11, 2021 face-covering order (Ex. MET-DFW-028), Harris County's declaration (Ex. MET-HOU-001) and its Eighth Order of August 17, 2021 on screening and face coverings (Ex. MET-HOU-039), San Antonio's Fourteenth Addendum of August 11, 2021 restating the federal conveyance requirement for "airplanes, ships, ferries, trains, subways, buses, taxis, ride-shares" (Ex. MET-SAT-068), and Austin's and Travis County's school face-covering orders of August 11-13, 2021 (Ex. MET-AUS-023; Ex. MET-AUS-050) governed the Texas metros under GA-38. The transit agencies' notices are the operators' records of the State and federal orders they implemented: Trinity Metro, DART and the Denton County Transportation Authority cut service from March 16-23, 2020 (Ex. MET-DFW-087; Ex. MET-DFW-088; Ex. MET-DFW-090; Ex. MET-DFW-091) and Trinity Metro enforced the federal conveyance order from February 1, 2021 (Ex. MET-DFW-094); Houston METRO modified service March 30, 2020 (Ex. MET-HOU-058; Ex. MET-HOU-059). Miami-Dade's Emergency Order 01-20 (Ex. MET-MIA-001) and Broward's Emergency Order 20-02 (Ex. MET-MIA-026) closed the South Florida venues in March 2020, and Miami-Dade County Public Schools required face coverings on school buses from August 23, 2021 (Ex. MET-MIA-095, secondary); Orange County's Emergency Executive Order 2021-24 (July 28, 2021) and its weekly renewals (Ex. MET-ORL-013) and Hillsborough County's extensions (Ex. MET-TPA-015) governed the Orlando and Tampa markets, and Tampa's Executive Order 2021-47 (September 7, 2021) imposed a vaccination plan on City employees (Ex. MET-TPA-033). Atlanta's Executive Order 2020-21 (March 23, 2020) confined residents (Ex. MET-ATL-001); Savannah's Declaration of Local Emergency (effective March 21, 2020) ordered that "all sightseeing, guided and/or narrated tours shall cease" (Ex. MET-ATL-008), and its Emergency Order of July 26, 2021 required face coverings in the City through August 25 (Ex. MET-ATL-016).

Boston's Public Health Commission declared its emergency March 15, 2020 (Ex. MET-BOS-001), imposed supplemental restrictions December 16, 2020 (Ex. MET-BOS-010) and the Somerville and Boston indoor face-covering orders returned August 20-27, 2021 (Ex. MET-BOS-063). Philadelphia's Emergency Order Prohibiting Mass Gatherings (March 12, 2020) (Ex. MET-PHL-001) and Montgomery County's office closure (Ex. MET-PHL-086); the Port Authority of Allegheny County's reduced schedules, rider caps and face-covering requirement, exposure controls on the ride (Ex. MET-PIT-041; Ex. MET-PIT-042; Ex. MET-PIT-043). Baltimore's Health Commissioner rescinded prior orders May 15, 2021 (Ex. MET-BAL-015) and reinstated face coverings August 10, 2021 (Ex. MET-BAL-017); MDOT MTA's service reductions and face-covering rules, exposure controls on the ride, ran from March 18, 2020 (Ex. MET-BAL-105) and masks remained required "for the duration" of every ride in July 2021 (Ex. MET-BAL-107); Montgomery County's Executive Order 070-20 governed the Washington suburbs (Ex. MET-DCM-001). Detroit's Health Department emergency order of October 9, 2020 (Ex. MET-DET-001) and Oakland County's facial-covering order (Ex. MET-DET-027); Cleveland's face-covering ordinance of July 15, 2020 (Ex. MET-CLE-006; Ex. MET-CLE-058), an airborne-transmission control on the city's indoor public settings, and Cuyahoga County's Executive Order EO2021-0016 of August 3, 2021 (Ex. MET-CLE-009); Cincinnati's Emergency Ordinance 0246-2020 (Ex. MET-CIN-001) and the Hamilton County courts' order of August 11, 2021 (Ex. MET-CIN-007); Columbus's Executive Order 2021-01 (September 10, 2021) and Ordinance 2388-2021 (effective September 14, 2021), which reached taxis, vehicles for hire and transit (Ex. MET-CMH-048; Ex. MET-CMH-050); Marion County's court order on facial coverings from August 17, 2021 (Ex. MET-IND-054); TARC's service changes of March 20, 2020 (Ex. MET-SDF-030); Memphis's limited local emergency renewals of July 2021 (Ex. MET-BNA-058).

Minneapolis's declaration of March 16, 2020 ran the whole period (Ex. MET-MSP-001) and Metro Transit reduced service March 25, 2020 and imposed rider rules (Ex. MET-MSP-058; Ex. MET-MSP-059; Ex. MET-MSP-061); Madison Metro Transit capped riders from March 18, 2020 and required face coverings as an exposure control on the ride from July 13, 2020 and under the federal order from February 1, 2021 (Ex. MET-MKE-045; Ex. MET-MKE-046; Ex. MET-MKE-047); St. Louis Metro Transit required face coverings as an exposure control on the ride from May 11, 2020 and confirmed in May 2021 that "Masks Are Still Required for Everyone" (Ex. MET-STL-041; Ex. MET-STL-043); Eastern Jackson County's Phase 2.5 order (Ex. MET-KC-034) and Johnson County's Board of Health Order 001-21 (school face coverings from August 9, 2021) governed Kansas City (Ex. MET-KC-067). Denver's stay-at-home order of March 23, 2020 (Ex. MET-DEN-005) and facility closures (Ex. MET-DEN-001) and Boulder County's indoor face-covering order of September 3, 2021 (Ex. MET-DEN-033); Salt Lake City's Proclamation No. 5 (Ex. MET-SLC-022), Summit County's joint order (Ex. MET-SLC-014), Executive Order No. 3 of 2021 (July 28, 2021) (Ex. MET-SLC-029) and UTA's rider face-covering rule under the federal order, an exposure control on the ride (Ex. MET-SLC-090); Valley Metro's face-covering requirement, an exposure control on the ride, from July 1, 2020, "still mandatory" in April 2021 and continued under the federal order (Ex. MET-PHX-029; Ex. MET-PHX-042); Clark County's emergency ordinances (Ex. MET-LAS-001; Ex. MET-LAS-026).

King County Metro suspended fares and required rear-door boarding from March 21, 2020 and face coverings as an exposure control on the ride from May 18, 2020 (Ex. MET-SEA-021; Ex. MET-SEA-022) and the King County Health Officer's Verification of Vaccination Order issued September 16, 2021 for an October 25, 2021 effective date (Ex. MET-SEA-001); Multnomah County's face-covering recommendation of July 26, 2021 preceded the State rule (Ex. MET-PDX-013), Metro required vaccination proof or a negative test at its Portland'5 venues by a rule announced August 19, 2021 (Ex. MET-PDX-017) and PDX's Travel Safe rules required face coverings at the airport, an exposure control on every traveler and worker in the terminal, from July 2020 (Ex. MET-PDX-049); Placer County Transit cut service March 31, 2020 and required face coverings as an exposure control on the ride from June 2020 (Ex. MET-SAC-031; Ex. MET-SAC-035); San Diego County's Health Officer orders governed April 2020 (Ex. MET-SAN-005) and its quarantine order of July 22, 2021 bound exposed persons through the quarter (Ex. MET-SAN-024); Honolulu's Emergency Orders 2021-11 and 2021-13 imposed Safe Access from September 13, 2021 (Ex. MET-HNL-035; Ex. MET-HNL-037); New Orleans' Reopening Guidelines of August 13, 2021 required vaccination proof from August 16 (Ex. MET-MSY-029), the RTA implemented the federal conveyance order (Ex. MET-MSY-037) and Jefferson Parish Transit required face coverings as an exposure control on the ride from May 15, 2020 through September 30, 2021 (Ex. MET-MSY-066). Each metro's page on this site tabulates these instruments.

The sector regulators

Twelve classes of regulator held statutory power over the very transactions this industry sells, and each exercised it in the period by instruments that conditioned a revenue function; the paragraphs below cite the orders and describe the agencies' service announcements as the context of the orders they implemented, never as orders.

The Centers for Disease Control and Prevention

Under 42 U.S.C. § 264 and 42 C.F.R. §§ 70.2, 71.31(b) and 71.32(b), the Director issued the No Sail Order (March 14, 2020) and its extensions (Ex. FED-027; Ex. FED-028; Ex. FED-029; Ex. FED-030), the Framework for Conditional Sailing Order (October 30, 2020) and its technical instructions (Ex. FED-031; Ex. FED-032), the pre-departure testing order (Ex. FED-042) and the conveyance order (Ex. FED-020). The conveyance order conditioned every function: CH and SB (buses named; school buses by the CDC's application of the order), LM (taxis and ride-shares named), FR (ferries and ships named), AV (aircraft and airports named), TA (the cruise and international products), HR and WF (drivers and crews as operators required to enforce it), OP (terminals and stations as transportation hubs).

The Transportation Security Administration

Under 49 U.S.C. § 114(l)(2), on the Secretary's national-emergency determination of January 27, 2021 (Ex. FED-057), TSA issued SD 1582/84-21-01 to owner/operators of surface transportation, including fixed-route bus operators, and SD 1544-21-02 and SD 1542-21-01 to aircraft operators and airports, effective February 1, 2021, requiring them to refuse boarding to and remove the unmasked (Ex. FED-050; Ex. FED-053; Ex. FED-054), renewed May 12, 2021 "including those already vaccinated" (Ex. FED-051) and September 14, 2021 (Ex. FED-052), ratified by the Transportation Security Oversight Board April 20, 2021 (Ex. FED-056). Functions CH, LM, AV, OP.

The Department of Transportation

Under CARES Act §§ 4005 and 4114(b), Pub. L. 116-260 § 407 and ARPA § 7301, the Secretary ordered every payroll-support carrier to "maintain scheduled air transportation service" to the points it served, by Order 2020-4-2 (April 7 through September 30, 2020), Order 2021-1-5 (January 15 through March 31, 2021) and Order 2021-4-13 (binding May 14 through September 30, 2021) (Ex. AGY-AVIATION-SURFACE-028; Ex. AGY-AVIATION-SURFACE-033; Ex. AGY-AVIATION-SURFACE-035); the Office of Drug and Alcohol Policy and Compliance's statements of enforcement discretion of April 4, 2020 and May 27, 2021 (to December 31, 2021) record the collection-site and evaluation constraints on every regulated carrier's testing program and are cited as context (Ex. AGY-AVIATION-SURFACE-045; Ex. AGY-AVIATION-SURFACE-046); Acquisition Directive 2021-02 (September 17, 2021) imposed contractor attestation or testing (Ex. AGY-AVIATION-SURFACE-040). Functions AV (the airline network the fixed-base operator and the airport shuttle serve), LM, OP.

The Federal Aviation Administration

SFAR 118 (effective April 30, 2020), SFAR 118-1 (June 25, 2020) and SFAR 118-2 (October 1, 2020 through April 30, 2021) extended airman medical, knowledge-test, recent-experience and checking requirements on the recited finding that airmen "have been unable to comply" with them "due to the Coronavirus Disease 2019 (COVID-19) outbreak" (Ex. AGY-AVIATION-SURFACE-001; Ex. AGY-AVIATION-SURFACE-002; Ex. AGY-AVIATION-SURFACE-004); Exemptions 18509A and 18510C extended part 135 on-demand operators' training and checking deadlines through March 31, 2021 (Ex. AGY-AVIATION-SURFACE-017; Ex. AGY-AVIATION-SURFACE-024); the slot-usage waivers ran from March 16, 2020 through the Summer 2021 season with the September 16, 2021 proposal to extend them (Ex. AGY-AVIATION-SURFACE-009; Ex. AGY-AVIATION-SURFACE-010). Functions AV, HR.

The Federal Motor Carrier Safety Administration

The FMCSA's waiver of expiring commercial driver licenses, learner permits and medical certificates, first issued March 24, 2020 and extended through November 30, 2021, is cited as the States' implementing notices recite it: New Jersey's MVC wrote that its CDL and CLP extensions "mirror those issued recently by the Federal Motor Carrier Safety Administration" (Ex. AGY-ST-DMV-SOS-RECORDERS-021), and California's DMV extended commercial credentials through November 30, 2021 "following updated guidance from the Federal Motor Carrier Safety Administration" (Ex. AGY-ST-DMV-SOS-RECORDERS-017); the FMCSA's own Federal Register notice of December 14, 2020 recites that COVID-19 "has impacted SDLAs and their operating statuses" and delayed CDL skills testing nationwide (Ex. SEC-11-061). Function HR.

The Coast Guard

Under 46 U.S.C. §§ 70034 and 7507 and 33 C.F.R. § 160.216, the Coast Guard's Marine Safety Information Bulletins are the Coast Guard's own record of its acts and of the federal orders it implemented at every port: MSIB 02-20 Changes 3 through 7 (March 16, 2020 to May 5, 2021) restated, for every commercial vessel, the illness-reporting duty of 33 C.F.R. § 160.216 and record the Coast Guard's enforcement, under Captain of the Port authority and 46 U.S.C. § 70034, of the crew-movement restrictions the Captains of the Port imposed (Ex. AGY-USCG-PORTS-020; Ex. AGY-USCG-PORTS-022; Ex. AGY-USCG-PORTS-035); MSIB 08-20 (March 19, 2020) announced the closure of every Regional Examination Center and Change 5 (December 22, 2020) announced the extension of mariner credentials under 46 U.S.C. § 7507 to October 31, 2021, the Coast Guard's acts of which the bulletins are the record (Ex. AGY-USCG-PORTS-008; Ex. AGY-USCG-PORTS-028); MSIB 02-21 and Changes 1 through 3 (February 1, March 22, June 11 and September 2, 2021) restated the conveyance order's airborne-transmission controls (a face covering for every person aboard, with the operator's duty to enforce it) for "all commercial vessels" and every sea port and passenger terminal, with Captain of the Port order exposure for non-compliance (Ex. AGY-USCG-PORTS-031; Ex. AGY-USCG-PORTS-033; Ex. AGY-USCG-PORTS-037; Ex. AGY-USCG-PORTS-038); the GRAND PRINCESS safety zone (March 15 to April 15, 2020) governed San Francisco Bay (Ex. AGY-USCG-PORTS-009), and the Seventh District's MSIB 01-20 (March 29, 2020) is the Coast Guard's record of the No Sail Order's operation and of the Captain of the Port orders at the Florida cruise ports, cited as such and not as an order (Ex. AGY-USCG-PORTS-013). PortMiami's and Port Tampa Bay's cruise cessation notices (Ex. AGY-USCG-PORTS-073; Ex. AGY-USCG-PORTS-072) and the Port of Seattle's cruise-season suspension (Ex. AGY-USCG-PORTS-079; Ex. AGY-USCG-PORTS-082) are the ports' records of the No Sail Order's operation and are cited as such. Functions FR, TA, HR.

The Department of Homeland Security, the President and the Department of State

The entry proclamations (Ex. FED-200; Ex. FED-201; Ex. FED-202; Ex. FED-203; Ex. FED-207; Ex. FED-208), the land-border notifications for Canada and Mexico (Ex. FED-216; Ex. FED-239, renewed monthly through Ex. FED-235 and Ex. FED-258), the arrival funneling of flights to designated airports to September 14, 2020 (Ex. ECO-A-117; Ex. ECO-A-129), and the Department of State's suspension of routine visa services from March 20, 2020 (Ex. FED-327) governed the inbound traveler on whom the tour operator, the receptive operator, the airport fleet and the cruise-transfer fleet depend. Functions TA, LM, AV, CB.

The Federal Railroad Administration and Amtrak

FRA Emergency Order No. 32 (effective March 1, 2021, modified June 10, 2021) imposed on every railroad carrier the airborne-transmission control of face coverings for personnel and passengers, enforced by daily civil penalties (Ex. AGY-AVIATION-SURFACE-014; Ex. AGY-AVIATION-SURFACE-075, secondary); Amtrak's schedule reductions and the MBTA's and MTA's notices are cited as the operation of the federal and State orders they implemented, with the MTA's $50 fine from September 14, 2020 and stepped-up enforcement from September 23, 2021 under EO 202.18 and the federal order (Ex. AGY-AVIATION-SURFACE-080; Ex. AGY-AVIATION-SURFACE-081), and the MTA's employee vaccination-or-testing program, which the MTA's release of October 1, 2021 records with weekly testing of unvaccinated employees from October 4, 2021 (Ex. AGY-AVIATION-SURFACE-082, a post-period release cited as the MTA's record of the program and not as a third-quarter order). Functions CH (the intercity connections), LM, WF.

The State for-hire rules

The State transit and for-hire face-covering orders of April through August 2020, workplace infection-prevention and exposure-control requirements that placed on the carrier the duty to require a face covering of every passenger and worker in Minnesota, Louisiana and Oregon (Louisiana's 89 JBE 2020 § 2(C) directing citations to the business that fails to enforce it) and in Colorado the duty D 2020 138 states in terms, forbidding any "owner, operator, or manager of a Public Indoor Space" to "provide service to individuals or allow an individual to enter" unmasked (Ex. CO-031) and, in New Jersey, a fifty percent capacity cap with back-door boarding wherever feasible, reached every taxi, livery, ride-share, charter bus and shuttle in the issuing State by their terms: New York (Ex. NY-018), Connecticut (Ex. CT-016), New Jersey (Ex. NJ-013), Vermont (Ex. VT-017), Maryland (Ex. MD-008), the District (Ex. DC-007), Delaware (Ex. DE-017), Virginia (Ex. VA-012), Massachusetts (Ex. MA-016), California (Ex. CA-016), Colorado (Ex. CO-031), Indiana (Ex. IN-035), Ohio (Ex. OH-030), Wisconsin (Ex. WI-009), Minnesota (Ex. MN-027), Illinois (Ex. IL-013), Louisiana (Ex. LA-014), Kentucky (Ex. KY-022), Nevada (Ex. NV-019), Oregon (Ex. OR-025), Washington (Ex. WA-037), North Carolina (Ex. NC-013), Pennsylvania (Ex. PA-015). Several kept the transit and for-hire requirement after ending their general mandates: New York to August 27, 2021 under 10 NYCRR 66-3 (Ex. NY-133), California from June 15, 2021 (Ex. CA-029), Kentucky to September 7, 2021 (Ex. KY-049), New Jersey from May 28, 2021 (Ex. NJ-050), Washington from June 30 to August 22, 2021 and then universally (Ex. WA-070; Ex. WA-078), Illinois from June 11, 2021 (Ex. IL-037), Louisiana in every 2021 proclamation (Ex. LA-034 to Ex. LA-040), Rhode Island to July 6, 2021 (Ex. RI-044), North Carolina to July 30, 2021 (Ex. NC-030), Maryland from May 15 to 12:01 a.m. July 1, 2021 (Ex. MD-030; rescinded by Ex. MD-031). Functions LM, CH, SB.

The school-transportation instruments

The three payment statutes and orders of March and April 2020 (Ex. SEC-21-010; Ex. SEC-21-011; Ex. SEC-21-012) and Oklahoma's support-staff payment order (Ex. OK-013) presuppose idled routes; the 2020-21 infection-prevention rules on buses (Louisiana's 25, 50 and 75 percent capacity by phase with symptom screening and face coverings, Ex. LA-072; Nevada's 66 percent capacity, Ex. NV-033; Utah's "on a school bus shall wear a face covering," Ex. UT-019; Indiana's, Ex. IN-035; South Carolina's, Ex. SC-057; Delaware's, Ex. DE-029; Minnesota's, Ex. MN-027) conditioned every route that ran; and the 2021-22 orders (Rhode Island's Student Transportation Order, Ex. RI-057; New York's bus-driver testing, Ex. NY-075; the school-worker vaccination-or-testing orders of California, Washington, Oregon, Illinois, New Mexico, New Jersey and Connecticut, Ex. CA-033, Ex. WA-079, Ex. OR-052, Ex. IL-042, Ex. NM-068, Ex. NJ-057, Ex. CT-054; the federal conveyance order on every school bus, Ex. FED-020) conditioned the restart. Functions SB, HR, WF.

The ferries, ports and transit authorities

Alaska's Health Mandates 010 and 012 as implemented at the Marine Highway terminals (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-080; Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-082); Hyde County's declaration barring visitors from Ocracoke-bound ferries from 5:00 a.m. March 19, 2020, as recorded in NCDOT's release of March 18, 2020 (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-047); the Delaware River and Bay Authority's foot-passenger suspension from March 16, 2020 under the Delaware State of Emergency (Declaration of March 12, 2020, Ex. DE-001, as modified by Ex. DE-002 and Ex. DE-003) (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-076); Washington State Ferries' Canadian-route suspension under the land-border notices and its Puget Sound reductions (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-019; Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-021; Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-096); the Staten Island Ferry's reduced hourly schedule from March 30, 2020, with the exposure control of face coverings on every rider from April 17, 2020, under the Governor's orders (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-069); the toll authorities' cashless conversions of March 2020 under the Governors' orders (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-104; Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-027; Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-007; Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-077), the authorities' notices cited as the record of the orders' operation; TriMet's ten-to-fifteen-rider limit (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-045), RIPTA's twenty-passenger cap and refusal of boarding (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-071; Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-072), CTtransit's face-covering rule under EO 7BB, an exposure control on the ride (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-012), UTA's system-wide face-covering requirement, an exposure control on the ride (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018), the Port of Seattle's airport face-covering rule from May 18, 2020, an exposure control on every traveler and worker in the terminal (Ex. AGY-AVIATION-SURFACE-047), the Port of Portland's PDX rules (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-065) and Port Canaveral's cruise suspension from March 13, 2020 (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-058). The schedule reductions of WSF, the Staten Island Ferry, Cape May-Lewes and NCDOT are the operators' records of the orders' operation; the orders are Ex. WA-016, the EO 202 series (Ex. NY-002; Ex. NY-018), the Delaware State of Emergency (Ex. DE-001; Ex. DE-002; Ex. DE-003; the travel prohibition from March 24, 2020, Ex. DE-006), the Hyde County declaration (recorded in Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-047) and Alaska's mandates (Ex. AK-012; Ex. AK-014). Functions FR, LM, CH, TA.

The motor-vehicle agencies

Twenty States' and the District's motor-vehicle offices closed to the public or cancelled every in-person appointment in March 2020 under the Governors' emergency and stay-at-home orders and, where the closure or its relief was itself ordered, under the instruments named: New York's EO 202.8 (Ex. NY-002), California's EO N-40-20 ¶ 13 (Ex. AGY-ST-DMV-SOS-RECORDERS-076), Nevada's Directive 004 (Ex. NV-006), Washington's Proclamation 20-15 (Ex. WA-011), Connecticut's EO 7C § 7 and the DMV's Notice and Order of March 20, 2020 (Ex. CT-003; Ex. CT-062), Tennessee's EO 15 (Ex. AGY-ST-DMV-SOS-RECORDERS-005), Vermont's Directive 3 (Ex. VT-006), Georgia's EO 03.25.20.01 (Ex. GA-007), Maine's EO 18 (Ex. ME-006), Kentucky's KYTC Official Order No. 112204 (Ex. KY-020), Nebraska's EO 20-05 (Ex. AGY-ST-DMV-SOS-RECORDERS-006) and North Carolina's S.L. 2020-3 § 4.7 (Ex. AGY-ST-DMV-SOS-RECORDERS-043). The agencies' own notices are cited as the agencies' records of the closures they carried out, not as orders: California (Ex. AGY-ST-DMV-SOS-RECORDERS-018), New Jersey (Ex. AGY-ST-DMV-SOS-RECORDERS-019), Indiana (Ex. AGY-ST-DMV-SOS-RECORDERS-002), Wisconsin (Ex. AGY-ST-DMV-SOS-RECORDERS-007), South Carolina (Ex. AGY-ST-DMV-SOS-RECORDERS-024), Kentucky (Ex. AGY-ST-DMV-SOS-RECORDERS-029; Ex. AGY-ST-DMV-SOS-RECORDERS-030), Alabama (Ex. AGY-ST-DMV-SOS-RECORDERS-099), Louisiana (Ex. AGY-ST-DMV-SOS-RECORDERS-097), Pennsylvania (Ex. PA-102), Illinois (Ex. IL-053), Michigan (Ex. MI-012), Minnesota (Ex. MN-056), Delaware (Ex. DE-072), Arizona (Ex. AZ-094) and the District (Ex. DC-082). Each closure fell on the commercial-license testing and renewal on which the industry's drivers depend, and the extensions that followed (North Carolina's S.L. 2020-3 § 4.7, Ex. AGY-ST-DMV-SOS-RECORDERS-043; Nebraska's EO 20-05, Ex. AGY-ST-DMV-SOS-RECORDERS-006; Maryland's to August 15, 2021, Ex. MD-031; California's to November 30, 2021 under the FMCSA waiver as the DMV implemented it, as the DMV's release records, Ex. AGY-ST-DMV-SOS-RECORDERS-017) recite that the offices could not perform them. Functions HR, MT.

The counterparties' orders

Every class of customer of this industry was itself the addressee of an order limiting its travel or its meetings, and the function-by-function section maps each to the function it reached: school districts (the closure, remote-instruction and 2021-22 infection-prevention orders of masking, quarantine and testing of every State); group customers and venues (the gathering bans and caps of every State but South Dakota; the casino closures of Nevada, New Jersey, Louisiana, Mississippi and the tribal nations; the convention-center closures in Chicago, Boston, Philadelphia and New York, Chicago's McCormick Place under EO 2020-10 and the Restore Illinois phase orders (Ex. IL-005 chain; Ex. MET-CHI-001; the Authority's notices, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-026 and Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-027, as the record of the closure), Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-043, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-033, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-054; the vaccination-proof conditions of New York City, San Francisco, New Orleans, Honolulu and Seattle in the third quarter of 2021); travelers (the stay-at-home orders of forty-two States and territories, the District among them; the traveler quarantines of twenty-six States and the District; Hawaii's and Kansas's continuing mandates; the entry proclamations, land-border notices and testing order); cruise lines and airlines (the No Sail and Conditional Sailing Orders; the minimum-service orders; the conveyance and airport directives); corporate customers (the federal telework directives, Ex. FED-264, Ex. FED-268, Ex. FED-270; the State telework mandates such as New Jersey's EO 107 ¶ 10 and its rescission June 4, 2021, Ex. NJ-004, Ex. NJ-051); inbound foreign groups (the proclamations and the visa suspension, Ex. FED-327). The organizers' notices of the trade shows, conventions, seasons and recurring gatherings of this industry and its customers that those orders disrupted in 2020 and 2021 are collected in the Library's meetings collection, with the venue orders in force on their dates.

The ecosystem

The ecosystem orders reached the workforce, the offices and the finances of every employer in this industry. The FFCRA mandate (Ex. FED-170; Ex. FED-171; Ex. FED-172) obliged every employer under 500 employees to grant paid leave for quarantine orders and school and child-care closures from April 1 to December 31, 2020, and the implementing rule defined "quarantine or isolation order" to include stay-at-home orders; the school and child-care closure orders of every State removed parents from shifts in every quarter; the quarantine and isolation orders of every State health department, exercised in the third quarter of 2021 in Rhode Island (Ex. RI-036), Indiana (the IDOH Control Measures given executive-order force from August 1, 2021, Ex. IN-092), Kansas (Ex. KS-057), Ohio's local health departments under the ODH K-12 guidance (Ex. OH-084, context), San Diego (Ex. MET-SAN-024) and Wisconsin's counties (Ex. WI-039), removed exposed workers for ten to fourteen days; Michigan's 2020 PA 238 excluded exposed and positive workers by statute from March 1, 2020 onward (Ex. MI-057); the workplace standards of California (Ex. CA-023; Ex. CA-024), Oregon (Ex. OR-041; Ex. OR-044), Virginia (Ex. VA-037; Ex. VA-038) and Michigan's MIOSHA rules bound every yard, garage and dispatch office; the CDC eviction order (Ex. FED-022 chain; Ex. FED-025; Ex. FED-026) and the State moratoria bound the industry's landlords and tenants; the federal courts' orders suspended jury trials and in-person proceedings through 2020 and into 2021 (Ex. FED-339 and its chain); and the federal telework directives (Ex. FED-264; Ex. FED-268; Ex. FED-270; Ex. FED-271) emptied the office districts the black-car and shuttle fleets serve until June 10, 2021.

The standing duties

Beneath the emergency orders lay a further layer that bound every employer in this industry, in every State, on every day of the six quarters, whether or not any order named it: the standing statutes that commanded every person to prevent and control communicable disease and every employer to furnish a safe and healthful place of employment, the offense provisions that punished disobedience of health and emergency orders, and the liability shields of 2020 and 2021 that protected only the business that complied with governmental standards, guidance and protocols. Each is an order from an appropriate governmental authority on the Suspension Clause's own terms: a statute that commands conduct is an order, and a legislature, a health department, a labor department and an occupational-safety agency are each an appropriate governmental authority. This section sets out the layer for eight of the largest States (Texas, North Carolina, New York, Pennsylvania, Massachusetts, Virginia, California and New Jersey); the fifty-one-jurisdiction table at Nothing Was Voluntary supplies the rest, each with its DUT- exhibits.⁴²

The first layer is the orders themselves, which let a business operate only on conditions. Pennsylvania's Worker Safety Order provided that every business maintaining in-person operations "shall implement, as applicable, the following social distancing, mitigation, and cleaning protocols," and its phase orders authorized in-person operations "provided that the businesses fully comply with all substantive aspects of" the safety orders (Ex. PA-008; Ex. PA-010). New York's reopened businesses "must be operated subject to the guidance promulgated by the Department of Health" (Ex. NY-022; Ex. NY-018). In Texas, "Every business establishment in Texas shall operate at no more than 50 percent of the total listed occupancy of the establishment" and "Every person in Texas shall wear a face covering over the nose and mouth when inside a commercial entity" (Ex. TX-021; Ex. TX-022). Virginia's incorporated guidelines read "Establishments must either implement the following mandatory requirements or close" (Ex. VA-010; Ex. DUT-VA-014). Massachusetts's businesses "must immediately adopt and maintain" the workplace safety rules, New Jersey's employers were "required to abide by the following requirements, at minimum," and North Carolina's establishments "must follow" the Core Signage, Screening, and Sanitation Requirements (Ex. MA-017; Ex. NJ-036; Ex. NC-011). The Texas clause that businesses "should use good-faith efforts" to follow the DSHS protocols is a recommendation, compulsory only through the statutes and the shield's condition stated below (Ex. TX-021; Ex. TX-029).⁴³

The second layer is standing law, older than the pandemic and in force after the orders ended. Texas states the duty on the person: "The state has a duty to protect the public health. Each person shall act responsibly to prevent and control communicable disease." (Health and Safety Code § 81.002, Ex. DUT-TX-001.) Knowing refusal to perform or allow the chapter's control measures is a Class B misdemeanor, and disobedience of an order published during an area quarantine "is a felony of the third degree" (Ex. DUT-TX-002; Ex. DUT-TX-006; Ex. DUT-TX-005). North Carolina: "All persons shall comply with control measures ... prescribed by the Commission," "person" including a corporation, the CDC's guidelines made "the required control measures" by rule, and imprisonment of up to two years (Ex. DUT-NC-001; Ex. DUT-NC-002; Ex. DUT-NC-007). The other six States' penalties, the emergency acts' offenses in all eight, the decisions of the Fifth Circuit, two State high courts and two State appellate courts that upheld the orders as law binding businesses, and the North Carolina Supreme Court's account of the abatement order and injunction that enforced them are in the note.⁴⁴

Section 5(a)(1) of the Occupational Safety and Health Act bound every employer of this industry: "Each employer ... shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees" (Ex. DUT-FED-001). OSHA told every employer in March 2020 that the clause "requires employers to provide their employees with a workplace free from recognized hazards," and enforced it by citation from September 2020 (Ex. FED-088; Ex. LAW-487; Ex. DUT-FED-067; Ex. DUT-FED-073). The States' statutes ran beside it: Texas Labor Code § 411.103, under which "Each employer shall" provide "a place of employment that is reasonably safe and healthful," use "methods of sanitation and hygiene" and "take all other actions reasonably necessary" (Ex. DUT-TX-013); Massachusetts's c. 149, § 113, which names "premises used by express, trucking and transportation companies" among the buildings to be "kept free from unsanitary conditions" (Ex. DUT-MA-014); and the safe-place and State-plan duties of the other six (Ex. DUT-NY-013; Ex. DUT-NJ-009; Ex. DUT-PA-006; Ex. DUT-VA-005; Ex. DUT-CA-009; Ex. DUT-NC-005), and seven of the eight wrote the pandemic duty into a workplace rule of their own. The safe-workplace statutes had no COVID-19 content until the health authorities said what a safe and healthful workplace required; from that moment the distancing of seats, the dividers, the sanitizing between fares, the screening of drivers and the face covering on the ride were the statute's requirement.⁴⁵

The third layer is the liability shields. Texas protects a business from an exposure claim unless the claimant proves that it "knowingly failed to implement or comply with government-promulgated standards, guidance, or protocols intended to lower the likelihood of exposure to the disease," for every action commenced on or after March 13, 2020 (Ex. DUT-TX-015; Ex. DUT-TX-014): the Legislature made compliance with the protocols the standard of care. North Carolina's shield sets a gross-negligence floor without a compliance clause and is cited only for what its text says, and its text commands every person in control of business premises to give reasonable notice of the actions it took to reduce transmission of COVID-19 to those present on the premises (Ex. DUT-NC-006, § 99E-71(b)). The other six enacted no shield for businesses: Pennsylvania's Governor vetoed one conditioned on compliance with "public health directives" (Ex. DUT-PA-012, legislative history); New York, New Jersey, Massachusetts and Virginia shielded health-care providers alone (Ex. DUT-NY-016; Ex. DUT-NY-018; Ex. DUT-NJ-007; Ex. DUT-MA-017; Ex. DUT-VA-009); California presumes negligence from the violation of any statute or regulation (Ex. DUT-CA-013). An operator that distanced its seats, screened its drivers, sanitized its cabs and masked its passengers was not choosing; it was complying.⁴⁶

The foreign orders

Foreign governments' orders are not "orders from an appropriate governmental authority" under the Suspension Clause and this analysis does not cite them as such; they are context for the United States orders that addressed the same borders and the same passengers, and for the collapse of inbound and outbound tour and cruise business that the United States orders caused in combination with them. By category: Canada's Quarantine Act orders in council imposed a fourteen-day quarantine on every entrant from March 25, 2020 and barred discretionary entry by foreign nationals until August 9, 2021 for vaccinated travelers from the United States (Ex. FOR-001; Ex. FOR-004; Ex. FOR-047), and Ontario's O. Reg. 82/20 closed non-essential businesses from March 24, 2020 (Ex. FOR-005); Mexico's Consejo de Salubridad General declared the health emergency March 30, 2020 and the Secretaría de Salud suspended non-essential activities and set the regional traffic-light reopening system (Ex. FOR-006; Ex. FOR-007; Ex. FOR-008; Ex. FOR-009; Ex. FOR-010); the European Union restricted non-essential travel into the Union from March 17, 2020, admitted United States travelers by Council Recommendation 2021/892 of June 18, 2021 and removed the United States from the list on August 30, 2021, inside the third quarter (Ex. FOR-011; Ex. FOR-012; Ex. FOR-013; Ex. FOR-014); England's Health Protection Regulations closed businesses from March 26, 2020 and imposed international-travel quarantine from June 8, 2020 (Ex. FOR-017; Ex. FOR-018; Ex. FOR-021); China suspended entry by foreign nationals holding valid visas from March 28, 2020 (Ex. FOR-022); Japan barred entry to foreign nationals from listed countries and declared states of emergency in April 2020, January 2021, April 2021 and July 2021 (Ex. FOR-025; Ex. FOR-026; Ex. FOR-045; Ex. FOR-027). Every United States tour operator's European, Canadian, Mexican and Asian product, and every receptive operator's inbound group from those markets, ran into those orders on one side and the United States proclamations, border notifications and testing order on the other.