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The COVID Project

The governmental orders by layer

The orders that reached this industry came from every layer of government at once: the President, the Centers for Disease Control and Prevention, the Occupational Safety and Health Administration, the Cybersecurity and Infrastructure Security Agency, the Transportation Security Administration and the Department of Homeland Security; the governors, health officers, health departments and licensing boards of every State and the District of Columbia; the mayors, county judges, county executives, boards of health and health officers of every large metropolitan area; and the courts. This section inventories them by layer. The quarters section applies them by quarter; the function-by-function section by function.

The universe

By May 31, 2020, forty-two States and territories had issued mandatory stay-at-home orders covering 2,355 of the nation's 3,233 counties.25 The Department of Health and Human Services' policy database records 4,218 State and territorial policy entries for the period, with a distinct policy type for personal care.26 By June 29, 2020 the governors alone had issued 2,065 executive orders.27 Thirty-nine States and the District of Columbia required face coverings at some point in 2020-21, as one of the workplace infection-prevention and exposure-control requirements they imposed on every indoor premises open to the public.28 On July 2, 2021, thirty-five States were under a COVID-19 emergency declaration and nine kept a statewide face-covering requirement; on September 21, 2021, twenty-five States were under emergency and eleven had a face-covering requirement in force, two more than in July.29 Nonfarm payroll employment fell by 20.5 million in April 2020 and the unemployment rate reached 14.7 percent; real gross domestic product fell at an annualized rate of 32.9 percent in the second quarter of 2020 by the advance estimate; and in July 2021 the Bureau of Labor Statistics still counted millions of persons who reported that they were unable to work because their employer closed or lost business due to the pandemic.30 The Government Accountability Office's own June 2020 account of the federal response records that the pandemic had "resulted in catastrophic loss of life and substantial damage to the global economy."31 The Federal Reserve's Beige Book of April 15, 2020 recorded that "[e]conomic activity contracted sharply and abruptly across all regions"; its Book of September 8, 2021, inside the third quarter of 2021, recorded that growth had "downshifted slightly" and that "dining out, travel, and tourism" had decelerated in the weeks in which the indoor face-covering orders listed in the third quarter of 2021 below took effect, while its Monetary Policy Report of July 2021 devoted a box to "Supply Chain Bottlenecks."32 The Library indexed, as of its compilation of September 28, 2026, 11,539 records with 10,716 exhibit files present, from the federal government, the fifty States, the District of Columbia, the territories, forty metropolitan areas and the sector and agency files, each graded by how it was retrieved; that figure is the count of the instruments The COVID Project has retrieved and indexed, not a count of the orders that reached any employer, and this page cites the Library's exhibits by identifier and states of each instrument what it is and what it did.33

The federal layer

The second quarter of 2020

The President declared a national emergency on March 13, 2020, and the Secretary of Health and Human Services' public health emergency determination of January 31, 2020 was renewed on April 21, 2020 and every ninety days thereafter through the period.34 The Cybersecurity and Infrastructure Security Agency published its Guidance on the Essential Critical Infrastructure Workforce on March 19, 2020 and Version 3.0 on April 17, 2020, naming "[w]orkers in laundromats, laundry services, and dry cleaners," mortuary workers and household-repair workers and omitting salons and grooming; the States that adopted the list by order made those omissions closures.35 The Families First Coronavirus Response Act's paid-leave mandates took effect April 1, 2020 for every employer of fewer than five hundred employees, which is every employer in this industry, and ran to December 31, 2020 under the Department of Labor's temporary rules.36 Executive Orders 13909, 13910 and 13911 invoked the Defense Production Act for health and medical resources; the Secretary's Notice of March 25, 2020 designated N95 respirators, surgical masks, gloves, gowns and disinfectants as scarce materials subject to hoarding-prevention measures; and FEMA's temporary final rule of April 7, 2020 allocated those materials, which every salon, laundry and funeral home was ordered by its State to supply to its staff.37 The Office of Management and Budget moved the federal workforce to maximum telework on March 17, 2020.38

The third and fourth quarters of 2020

The public health emergency was renewed July 23 and October 2, 2020; the leave mandate ran to December 31; the PPE allocation rule was extended August 10 and December 31, 2020 to June 30, 2021; and the CARES Act's foreclosure moratorium and forbearance provisions governed the industry's landlords.39

The first and second quarters of 2021

The Centers for Disease Control and Prevention's conveyance order took effect at 11:59 p.m. on February 1, 2021: "Persons must wear masks over the mouth and nose when traveling on conveyances into and within the United States," and operators "must require that individuals wear a mask," enforced by the Transportation Security Administration's Security Directive 1582/84-21-01 from the same hour.40 The pre-departure testing order (issued January 25, effective January 26, 2021) governed every arriving air passenger; Proclamations 10143 and 10199 suspended the entry of non-citizens present in the Schengen Area, the United Kingdom, Ireland, Brazil, South Africa and India; and the Department of Homeland Security's monthly notices confined land-border crossings from Canada and Mexico to essential travel.41 Executive Order 13991 required masks and distancing in every federal building and on federal lands from January 20, 2021, and OMB Memorandum M-21-15 capped federal building occupancy at twenty-five percent until M-21-25 lifted the cap on June 10, 2021.42 OSHA's National Emphasis Program on COVID-19 took effect March 12, 2021; the OSHA Healthcare Emergency Temporary Standard took effect June 21, 2021, with compliance dates of July 6 and July 21, and reached "healthcare laundry services" performed in healthcare settings; the American Rescue Plan Act re-enacted the Suspension Clause on March 11, 2021; and the CDC's eviction moratorium was extended through July 31, 2021.43

The third quarter of 2021

The conveyance order and Security Directive 1582/84-21-01A (to September 13, 2021) and -01B (September 14, 2021 to January 18, 2022) were in force on every day of the quarter; OSHA's revised National Emphasis Program DIR 2021-03 took effect July 7, 2021, "effective for no more than 12 months"; the Healthcare Emergency Temporary Standard ran throughout; the public health emergency was renewed effective July 20, 2021; the entry proclamations ran until Proclamation 10294 revoked them effective November 8, 2021; the land-border notices of June 23, July 22, August 23 and September 22, 2021 ran month to month; the Title 42 order was reissued August 2, 2021; the CDC's second eviction order ran from August 3 to August 26, 2021 and the FHFA's REO eviction moratorium to September 30, 2021; the Safer Federal Workforce Task Force's revised Agency Model Safety Principles of July 29, 2021 reinstated face coverings and imposed attestation-or-testing on every onsite federal contractor; CISA published Version 4.1 of the essential-workforce list on August 10, 2021; the President's memorandum of August 17, 2021 continued one hundred percent federal cost share for the emergency; Executive Orders 14042 and 14043 of September 9, 2021 required vaccination of federal contractors' and employees' workforces, with the OMB determination of September 24, 2021; and the scarce-materials designation ran to November 15, 2021.44 The federal layer alone answers the sentence that no orders were in effect in the quarter.

The fifty States

The pattern

Personal-care premises were closed by name, not by inference, in forty-six States and the District of Columbia between March 16 and April 3, 2020; in the other four (Missouri, Nebraska, Utah and South Dakota) they were closed by county and city health orders in the largest markets before Nebraska's statewide Directed Health Measure of April 10, 2020 and were never closed statewide in South Dakota. They reopened between April 24 and July 6, 2020 only under orders that rewrote how the service was performed: appointment-only, one customer per operator, six feet or barriers between stations, waiting areas closed, masks on operator and customer, mask-off services barred or limited, and occupancy of twenty-five to fifty percent. The largest State closed them indoors a second time on July 13, 2020 and a third time from December 6, 2020 to January 25, 2021; New Mexico closed them again from November 16 to 30, 2020; New York's microcluster zones closed them from October 2020 into 2021; Illinois, Washington, Colorado, Massachusetts and Michigan re-capped or re-conditioned them in November and December 2020. In the States that reopened without continuing capacity or appointment conditions on the premises, those conditions lapsed in 2020 (South Dakota April 8; Alaska May 22; Kansas May 26; Oklahoma June 1; South Carolina June 11; Idaho June 13; Florida September 25), leaving the general face-covering orders (airborne-transmission controls that every business was required to enforce on its premises), the emergencies, the employer duties and the sector regulators as the State layer into 2021 (Kansas's face-covering order to March 31, 2021; Idaho's employer duties to February 1, 2021; Oklahoma's winter restrictions to March 12, 2021); in the States that carried capacity, appointment, mask-off-service or general face-covering conditions on the premises into 2021, those conditions fell between January 18, 2021 (North Dakota) and July 1, 2021 (New Mexico), with the largest States' between March 10 (Texas) and June 30 (Washington and Oregon), and twenty-two jurisdictions still carried them on April 1, 2021; the statewide face-covering orders fell between January 18 and July 6, 2021 in every State but Hawaii, whose order never lifted; and in the third quarter of 2021 six States and the District reinstated indoor face-covering orders and Hawaii's never lapsed, so that seven States and the District placed every premises in this industry under an airborne-transmission control that bound the operator and every person in the room. The fifty-State table on this page states the fifty-one rows; this section states the analysis by region.

The Northeast

New York closed barbershops, hair salons, tattoo and piercing parlors and nail salons at 8:00 p.m. on March 21, 2020 (Executive Order 202.7), reduced every non-essential in-person workforce to zero on March 22, barred non-essential gatherings of any size (which barred the funeral viewing) on March 23, reopened hair salons at fifty percent under the Department of State's Interim Guidance in Phase 2 regions from May 29, 2020 and New York City on June 22, reopened nail, massage, tattoo and waxing services under the Personal Care guidance in Phase 3 regions from June 12 and New York City on July 6, closed personal care again in the orange zones of the Cluster Action Initiative from October 6, 2020, and lifted the capacity caps on May 19, 2021 and the last rules on June 15, 2021.45 New Jersey closed eleven personal-care trades by name at 9:00 p.m. on March 21, 2020 and reopened them June 22 on the Division of Consumer Affairs' and Department of Health's standards, cut them to twenty-five percent from November 12, 2020, raised them to thirty-five percent from February 5, 2021 (Executive Order No. 219) and to fifty percent on March 19, 2021 and lifted the limits between May 28 and June 4, 2021; funerals were capped at ten and then at twenty-five percent up to 150.46 Pennsylvania closed every business that was not life-sustaining at 8:00 p.m. on March 19, 2020 (its NAICS list closing 8121 and 8129 and leaving 8122 and 8123 open), reopened personal care at fifty percent by appointment in green-phase counties from May 29, 2020, imposed the Secretary of Health's targeted mitigation on July 15 and the mitigation and enforcement order of November 23, 2020 with its telework mandate, moved to seventy-five percent on April 4, 2021 and lifted the orders May 31, 2021; the Department of State waived cosmetology and funeral rules by emergency order from March 26 and 30, 2020, continued by Act 21 of 2021 to September 30, 2021.47 Massachusetts closed personal care March 24, 2020, reopened hair salons May 25 and close-contact services June 22 under mandatory sector standards, cut them to forty percent December 13 and twenty-five percent December 26, 2020, and rescinded every general order May 29, 2021 while the Commissioner's face-covering order for certain settings, an airborne-transmission control on the settings it named, and the modified public health emergency ran on.48 Connecticut prohibited personal services March 20, 2020, reopened hair at fifty percent by appointment June 1 and other personal services June 17, moved to seventy-five percent by appointment October 8, 2020 and repealed the sector rules May 20, 2021.49 Rhode Island closed personal services March 23, 2020 (Providence two days earlier), reopened them June 1 under the Department of Health's regulations with mask-off services barred, and ran its sector rules to August 31, 2021 with face coverings for the unvaccinated.50 Vermont closed close-contact businesses March 23, 2020 and reopened hair salons by appointment May 29 and nail, spa and tattoo services June 1, lifting the limits June 14, 2021; New Hampshire closed them March 27 and reopened them May 11, 2020 by appointment for haircuts only; Maine closed them March 25 and reopened barbers May 1, 2020 under a mandatory checklist that lapsed June 30, 2021; Delaware closed them March 24, 2020, reopened them at thirty percent June 1 and sixty percent June 22 and lifted its restrictions May 21, 2021; and the District closed them March 25, 2020, reopened them May 29 by appointment with one customer per stylist and held that rule to May 21, 2021.51

The South

Texas directed on March 31, 2020 that "people shall avoid ... visiting gyms, massage establishments, tattoo studios, piercing studios, or cosmetology salons" and left in force the county orders of Dallas, Harris, Tarrant, Bexar, Travis, Denton and Fort Bend Counties that closed them outright; it reopened them May 8, 2020 under Executive Order GA-21 ¶ 12.a and the Department of Licensing and Regulation's Minimum Standard Health Protocols, held massage establishments closed to May 18, imposed the statewide face-covering order GA-29, an airborne-transmission control on every person in every business, from July 3, 2020 to March 10, 2021, cut the metros back to fifty percent under GA-32 in December 2020 and ended every operating limit March 10, 2021 under GA-34, which also barred the county health-and-safety-policy and face-covering mandates on businesses that Dallas and Harris Counties had kept in force since June 2020.52 Florida closed them April 3, 2020 under the Safer At Home order and reopened them May 11 under Executive Order 20-120 § 2 only for salons "that adopt appropriate social distancing and precautionary measures as outlined by the Department of Business and Professional Regulation," whose mandatory measures ran to September 25, 2020; from July 1, 2021 SB 2006 voided every local COVID order.53 Georgia closed them April 3 and reopened them April 24, 2020 under twenty enumerated requirements that the Governor carried in every biweekly order through April 7, 2021, with mandatory measures on every Organization to July 1, 2021; Tennessee closed nine close-contact trades March 30 and reopened them May 6, 2020 under the Close Contact Business Guidelines; Alabama closed close-contact providers March 28 and reopened them May 11, 2020; South Carolina closed them April 1 and reopened them May 18, 2020 at twenty percent; Mississippi closed them April 3 and reopened them May 11, 2020 under face-covering and screening terms that ran to March 3, 2021; Arkansas closed barber, body-art, cosmetology, massage and medical-spa establishments and their schools March 25 and reopened them May 6, 2020 by appointment; Louisiana closed them March 23, reopened them at twenty-five percent May 15 and fifty percent June 5, 2020 under the Open Safely sector rules, and imposed a statewide face-covering order, an airborne-transmission control on every person in every business, from July 13, 2020 to April 28, 2021 and again from August 4, 2021; Kentucky closed public-facing businesses that encourage congregation on March 18, 2020 and reopened salons May 25 at thirty-three and then fifty percent (June 25) under Healthy at Work requirements that ran to June 11, 2021; Virginia closed them March 24 and reopened them May 15, 2020 at fifty percent with one appointment per provider, required face coverings of everyone "inside all personal care and grooming establishments" and bound every employer to the nation's first COVID-19 workplace standard, the occupational-health and airborne-transmission controls of which the face covering was one, from July 27, 2020, made permanent January 27, 2021 and amended September 8, 2021; Maryland closed them March 23 and reopened them May 15, 2020 by appointment at fifty percent under conditions that ran to March 12, 2021; North Carolina closed them March 25 and reopened them May 22, 2020 at fifty percent, with a 10:00 p.m. curfew in the winter and the last orders lifted May 14, 2021; Oklahoma reopened them by appointment April 24, 2020; West Virginia closed barber shops, nail salons and hair salons by Executive Order 6-20 from March 20 and reopened them May 4, 2020.54

The Midwest

Illinois excluded "spas, salons, barber shops, tattoo parlors, and similar facilities" from the health-care exemption of its stay-home order on March 20, 2020 and kept them closed to May 29, reopened them May 29 in Phase 3 with no mask-off services and June 26 in Phase 4 at fifty percent with mask-off services permitted only under employee eye protection and office staff told to work from home, cut them to twenty-five percent with no mask-off services under Tier 3 from November 20, 2020, with the regions out of Tier 3 between January 15 and 22, 2021 and back to Phase 4 by February 4, lifted the limits June 11, 2021 and from August 30, 2021 ordered every person over two to wear a face covering in every indoor public place, with the employer's duty to enforce the requirement in its workplace added September 3.55 Michigan closed hair, nail, tanning, massage, spa and tattoo services from March 22, 2020 to June 15, 2020, barred technicians from homes for non-emergency work, bound every reopened shop by the Department of Labor and Economic Opportunity's workplace guidelines and then by the MIOSHA emergency rules of October 14, 2020, made personal care appointment-only with no mask-off services under the Department of Health and Human Services' orders from November 15, 2020, and rescinded the last of them June 22, 2021; the Detroit, Wayne County and Oakland County health officers re-imposed the same terms as local law when the Supreme Court of Michigan voided the Governor's orders on October 2, 2020.56 Ohio's Director of Health closed hair salons, day spas, nail salons, barber shops, tattoo parlors, body-piercing locations and massage establishments by order of March 19, 2020 and reopened them May 15 under an order providing that they "must require all employees to wear facial coverings," carried in amended orders to June 2, 2021.57 Minnesota closed them March 17 and reopened them June 1, 2020 at twenty-five percent, then fifty percent, with the caps ending May 28, 2021; Wisconsin closed them March 25 and the funeral gathering at fewer than ten in the same order, until the Supreme Court of Wisconsin invalidated the successor order May 13, 2020; Indiana closed them March 24 and reopened them May 11, 2020 by appointment; Iowa closed them by direct proclamation March 22 and reopened them May 15, 2020; Kansas closed them March 30 and reopened them May 18, 2020; North Dakota closed cosmetologists, salons, barbers, tattoo, tanning and massage by executive order from March 28 to April 30, 2020 and placed them under a face-covering order that every business was required to enforce on its workers, customers and visitors by State Health Officer Order 2020-08 of November 13, 2020 (effective 12:01 a.m. November 14) to January 18, 2021; Nebraska closed them by Directed Health Measure from April 10 to May 4-10, 2020; Missouri's closures came from St. Louis City and County, Kansas City, Boone County and Springfield from March 23-26, 2020, with the State's own order from April 6 to May 3; South Dakota's from Brookings and Sioux Falls.58

The West

California closed them under Executive Order N-33-20 and the Bay Area and Los Angeles County shelter orders of March 16-19, 2020, reopened hair salons by county variance from May 26, closed indoor personal care in thirty-two counties on July 13, 2020, reopened indoor hair under the Blueprint on August 31 and personal care by county tier from September 22, closed personal care entirely in the regions under the Regional Stay at Home Order from December 6 (Southern California and San Joaquin Valley) and December 17 (Bay Area) to January 25, 2021, held it to the tier caps through June 15, 2021, bound every employer to the Cal/OSHA emergency standard from November 30, 2020 and its readoption of June 17, 2021, and, from July 28, 2021, put every business to the choice of verifying vaccination, accepting attestation or requiring face coverings of everyone.59 Washington closed them March 16, 2020, reopened them in Phase 2 under the Personal Services Requirements of May 13, 2020, cut them to twenty-five percent from November 17, 2020, moved to fifty percent March 22, 2021, ended the caps June 30, 2021 and reinstated the indoor face-covering requirement for every person August 23, 2021, with the prohibition on any business admitting an uncovered person.60 Oregon closed them March 23, 2020 under an order that also prohibited office work "whenever telework and work-at-home options are available," reopened them May 15 under sector guidance carried by executive order to June 30, 2021, and reinstated the indoor face-covering requirement by rule August 13, 2021, with the operator's duty to ensure compliance and post notice under a civil penalty of up to $500 a day.61 Colorado closed nonessential personal services March 19, 2020, reopened them May 1, cut them to twenty-five percent at Level Red from November 20, 2020, handed the dial to the counties April 16, 2021 and kept setting-specific face-covering requirements and the Limited COVID-19 Restrictions in successive amendments of Public Health Order 20-38 through the third quarter of 2021 after the general face-covering order expired June 1, 2021 (Ex. CO-040).62 Nevada closed them March 20, 2020 (barring in-home service April 8), reopened them by appointment May 9, cut them to twenty-five percent November 24, 2020, thirty-five percent February 15 and fifty percent March 15, 2021 (Directive 037, Ex. NV-032), ended the limits June 1, 2021 and reinstated the indoor face-covering requirement for every person in Clark and Washoe Counties from July 30, 2021, an airborne-transmission control the Gaming Control Board applied to every licensed property's salon and spa.63 New Mexico ordered a one-hundred-percent reduction March 24, 2020, reopened them at twenty-five percent June 1, closed close-contact businesses and animal grooming from November 16 to 30, 2020, capped them at twenty-five percent in red counties, ended the county framework July 1, 2021 and reinstated the indoor face-covering requirement from August 20, 2021 alongside the COVID-Safe Practices its orders kept mandatory.64 Arizona closed them March 31 and reopened them May 8, 2020 by appointment with face coverings; Utah's Salt Lake, Summit, Weber-Morgan and Wasatch health departments closed them from March 23 to May 1, 2020; Idaho closed them March 25 and reopened them May 16, 2020; Montana closed them March 28 and reopened them April 27, 2020; Wyoming closed nail salons, hair salons, barber shops, massage and tattoo parlors by Statewide Public Health Order #3 from March 25 to May 1, 2020 and continued the order's conditions to February 28, 2021; Alaska closed personal care statewide by Health Mandate 009 from March 24 and reopened it April 24, 2020 at one customer per provider; Hawaii's four counties closed them under stay-at-home orders in March 2020 and Honolulu again from August 27 to September 23, 2020, kept them under tier conditions through 2021, and the State's face-covering order, with the Safe Travels quarantine-or-test regime and the gathering caps that ran beside it, never lifted in the period.65

The winter re-tightening of 2020-21

Seventeen jurisdictions re-closed or re-capped this industry between October 6 and December 26, 2020: New York (orange and red zones), Illinois (twenty-five percent; no mask-off services), Michigan (appointment-only; no mask-off services), Washington (twenty-five percent), Colorado (twenty-five percent at Red; closed at Purple), New Mexico (closed, then twenty-five percent), Massachusetts (forty then twenty-five percent), California (closed in three regions), Pennsylvania (fifty percent and telework), New Jersey (twenty-five percent), Oregon (funeral homes at twenty-five percent in the freeze), Delaware (funerals at thirty percent), Minnesota, Montgomery County (one customer per 200 square feet or twenty-five percent), Philadelphia, St. Louis County (twenty-five percent) and Johnson County, Kansas (appointment-only).66

The 2021 transition

The capacity, appointment and general face-covering conditions on the premises fell, State by State, on January 18 (North Dakota), January 30 (Nebraska), February 2 (Idaho), February 7 (Iowa), February 12 (Montana), March 3 (Mississippi), March 5 (South Carolina), March 10 (Texas), March 12 (Maryland's capacity; Oklahoma), March 16 (Wyoming), March 25 (Arizona), March 31 (Arkansas, Kansas, Wisconsin), April 6 (Indiana), April 8 (Georgia), April 16 (Colorado's State dial), April 27 (Tennessee), May 4 (Utah), May 7 (New Hampshire), May 14 (North Carolina), May 15 (Maryland's general face-covering order), May 19-29 (New York, Connecticut, Massachusetts, Kentucky's caps June 11), May 21 (Rhode Island, Delaware, the District), May 26 (Louisiana), May 28 (Minnesota, New Jersey, Virginia), May 31 (Pennsylvania, Alabama), June 1 (Nevada, Michigan's caps, Colorado's general face-covering order), June 2 (Ohio), June 11 (Illinois), June 14 (Vermont), June 15 (California, New York's last rules), June 20 (West Virginia), June 22 (Michigan's face-covering orders), June 30 (Washington, Oregon, Maine) and July 1, 2021 (New Mexico); the statewide face-covering orders fell between January 18, 2021 (North Dakota) and July 6, 2021 (Rhode Island), most of them between March 31 and June 28, and Hawaii's never lifted in the period; and the indoor face-covering orders, with their duties on the operator to post and enforce, returned between July 17 (Los Angeles County) and September 17, 2021 (Dayton).67

The preemption States

Texas barred local face-covering mandates on businesses from March 10, 2021 (GA-34), May 18, 2021 (GA-36, with fines on local officials from May 21) and July 29, 2021 (GA-38); Florida suspended local COVID orders May 3, 2021 and voided them July 1, 2021 (SB 2006) while enacting a prohibition on vaccination-proof requirements; Arizona barred enforcement of local rules not in place on March 11, 2020 from March 25, 2021 (Executive Order 2021-06) (Ex. AZ-037); Tennessee ended county face-covering authority in eighty-nine counties April 27, 2021 (Executive Order 80); Georgia suspended local orders that "conflict[ed], var[ied], or differ[ed]" from the State's on April 2, 2020 and again on August 19, 2021. In those States the third-quarter 2021 conditions on this industry came from the federal layer, the continuing disaster declarations, the courts and, in Texas, the county orders that Dallas, Bexar and Harris Counties issued in August 2021 notwithstanding GA-38 and that the Texas Supreme Court stayed, dissolved and, in 2023, held unlawful only after the period had run.68

The largest metros

The pattern

The metropolitan layer moved before the States, went further, stayed longer and returned first. Somerville closed "all personal and retail services offered to the public in person" on March 22, 2020, two days before the Commonwealth; Fort Bend County named hair and nail salons, spas, massage and tattoo parlors in a closure order of March 20, 2020 punishable by "a fine of up to $1,000 or confinement in jail for a term of up to 180 days"; DeKalb County cut nail salons, spas, beauty salons and barbers to ten persons on March 23; Wake County closed salons, spas, massage and tattoo March 23; Salt Lake County closed every hair, nail, spa, waxing, tattoo, massage and tanning business March 29; Cobb County closed them "regardless of their location (e.g., at home services)" April 2; and Summit County, Utah held salons to fifty percent with lobbies closed from March 23, 2020.69 The metros conditioned the reopening: Montgomery County, Maryland reopened salons by appointment June 1, 2020 and cut them to one customer per 200 square feet or twenty-five percent from November 10, 2020 to March 25, 2021; Baltimore County reopened hair-only salons May 22 and salons at fifty percent with other personal services closed May 29, 2020; Howard County held barbers and salons to fifty percent from May 29; Indianapolis to appointments from June 1; Philadelphia to fifty percent by appointment from June 26, 2020; New York City, whose hair salons reopened June 22 and other personal care services July 6, 2020, prohibited from July 7 by Emergency Executive Order No. 130 every "personal care service[] that require[s] customers to remove face coverings, including but not limited to, lip/nose piercings, face massages, facials, and lip/nose waxing"; Chicago barred mask-off services and later permitted them only under mask and eye protection; New Orleans reopened them at twenty-five percent by appointment May 16 and fifty percent June 13, 2020 and seventy-five percent March 12, 2021; Dane County at twenty-five percent from May 26, 2020; Denver at fifty percent and fifty persons from April 16 to May 15, 2021; Johnson County, Kansas to pre-scheduled customers from November 16, 2020 and again from March 25, 2021; Shelby County to appointment-only from December 26, 2020 to January 22, 2021.70 The metros re-closed: Los Angeles County closed all indoor personal care July 13-14, 2020, cut it to twenty percent and then closed it from November 30, 2020 to January 29, 2021, and held it to twenty-five percent from January 29 and seventy-five percent from May 6, 2021; Sacramento County closed salons and barbershops July 14, 2020, allowed outdoor service only from August 31, reopened indoors September 29 and closed them again from December 10, 2020 to January 12, 2021; San Diego County closed personal care April 9, 2020, reopened it June 19, closed it indoors July 15, required customer sign-in from October 10 and closed it from December 6, 2020 to January 25, 2021; Honolulu closed it again from August 27 to September 23, 2020; Detroit's October 9, 2020 order forbade any business to serve an unmasked customer and wrote rules for in-home services.71 The metros imposed workplace infection-prevention and exposure-control requirements first, with the face covering at their center and the business made answerable for the rule on its premises: Jefferson Parish on July 1, 2020, with the $500 fine and six months' confinement of La. R.S. 29:727(G) running against the business that admits an unmasked person; East Baton Rouge on July 3, 2020, requiring every business serving the public to post a "No Mask - No Service" policy and naming salons among the businesses required "to strictly adhere to the Governor's Executive Order and Open Safely Requirements"; Savannah on July 1, 2020, providing that "[a]ll restaurants, retail stores, salons, grocery stores, and pharmacies in the City MUST require their employees to wear a face covering at all times while having face-to-face interaction with the public"; Harris County, Dallas County and Fort Worth on June 22-26, 2020, requiring every commercial entity serving the public to adopt and post a health and safety policy with face coverings, with fines up to $1,000 per violation; Maricopa County, Tucson, Mesa and Tempe on June 18-22, 2020; Minneapolis on May 26, 2020, with a duty on "[a]ll employers of businesses that are spaces of public accommodation"; Cincinnati by ordinance July 9, 2020; Columbus by proclamation July 2 and ordinance July 7, 2020, reaching personal care and grooming by name.72 And the metros' indoor face-covering orders, airborne-transmission controls enforced against the premises by fine, license sanction or closure, returned in the third quarter of 2021: Los Angeles County (July 17: face coverings for everyone in "all indoor public settings and businesses" "regardless of vaccination status"), the City of Los Angeles and Long Beach (July 17), Pasadena (July 22), St. Louis City and County (July 26), Atlanta (July 28), Sacramento County (July 30: "all indoor public settings, venues, gatherings, and workplaces," with every business required to enforce the rule on patrons), New Orleans (July 31), Kansas City (August 2), Jefferson Parish (August 4), Prince George's County (August 5, effective August 8), Oak Park (August 6), Montgomery County, Maryland (August 7), Baltimore City (August 10, naming "Personal Services Establishments"), Jackson County (August 9), Johnson County (August 9, schools through grade six and school buses), Wyandotte County (August 6), Dallas County (August 11-16: "all commercial entities in Dallas County providing goods or services directly to the public must develop and implement a health and safety policy" requiring universal indoor masking, with a fine "not to exceed $1,000 for each violation"), Bexar County (August 11), Philadelphia (August 12: face coverings in "[a]ny indoor setting" unless the business verified the vaccination of everyone present), Raleigh (August 13), Wake County (August 16), Charlotte-Mecklenburg (August 18) and the Mecklenburg Board of Health Rule of August 31 ("All businesses, establishments, and public places must require that all persons wear Face Coverings when indoors on their premises"), Dane County (August 19), Chicago (August 20: "[a]ny individual, regardless of vaccination status ... shall be required to wear a mask when indoors in any public place," with closure as a sanction and masks removable only for shaves and facials), Somerville (August 20), Cook County (August 23, naming "personal services"), Boston (August 27) and Brookline (August 27), Cambridge (September 3, naming personal care establishments), Boulder County (September 3: "[a]ll individuals aged 2 or older must wear a Face Covering while entering or within any Public Indoor Space"), King County (September 7), Columbus (September 10 and 14) and Dayton (September 17).73 The metropolitan table on this page states the rows.

The sector regulators

The boards and departments

The licensing boards and departments that regulate this industry issued instruments that conditioned the revenue functions directly. The Texas Department of Licensing and Regulation's Minimum Standard Health Protocols for cosmetology and hair salons, barber shops and nail salons (May 5, 2020) were the standards Executive Order GA-21 recommended when it reopened the trade ("should use good-faith efforts and available resources to follow the minimum standard health protocols recommended by DSHS") and that Dallas County made "mandatory rules" by county order on May 4, 2020 (the protocols are cited as that incorporated content; GA-21 and the county order are the instruments, and the compulsion statewide rests on the standing statutes and the shield's condition stated below); the Department's massage program announced that, under the Governor's orders, every massage establishment was closed from midnight March 20, 2020 and confined to medically necessary services until GA-23 on May 18, an announcement implementing those orders that is cited as context; the occupancy limits of GA-21 and its successors ran to March 10, 2021.74 Florida's Department of Business and Professional Regulation published on May 9, 2020 the mandatory measures on which Executive Order 20-120 conditioned every salon's reopening from May 11: "the following restrictions are mandatory ... All customers will be by appointment only ... No group appointments are permitted. Masks must be worn by all employees," in force to September 25, 2020.75 Virginia's Department of Professional and Occupational Regulation posted the businesses that "must close" on March 24, 2020, waived in-person theory instruction for cosmetology schools from March 13, 2020 to July 30, 2021 and extended credentials and examinations to the same date; the Board for Barbers and Cosmetology's own instrument of March 23, 2020 was superseded the next day by the Governor's closure.76 Illinois' Department of Financial and Professional Regulation extended cosmetology renewals to September 30, 2020 and permitted online theory instruction from March 18, 2020.77 California's Department of Consumer Affairs waived license renewal, continuing-education and examination requirements for Division 3 licensees, which include barbering and cosmetology and funeral directors and embalmers, in a chain of orders from April 2020 through DCA-21-195 of September 28, 2021, of which DCA-21-176 (July 2021) and DCA-21-195 were in force in the third quarter of 2021; its veterinary telemedicine waivers ran in a parallel chain to October 31, 2021.78 Pennsylvania's Department of State waived cosmetology and barber rules on March 26, 2020 and funeral-director rules on March 30, 2020, and the General Assembly continued every such suspension by Act 21 of 2021 to September 30, 2021 and by Act 73 to March 31, 2022.79 New Jersey's Department of Health issued the tanning and body-art protocols of June 13, 2020 on which Executive Order 154 conditioned reopening and, on July 4, 2021, the post-emergency protocols for the same trades; its Executive Directive 20-010 (Revised) governed the disposition of remains and placed viewings and graveside services under the gathering orders.80 Michigan's Department of Health and Human Services rewrote death-record and remains-handling rules by emergency order on April 4 and May 4, 2020; Louisiana's Proclamation 38 JBE 2020 governed funeral services and interments from March 31, 2020; and the Massachusetts Commissioner of Public Health's orders of 2021 kept face-covering requirements, airborne-transmission controls on the named settings, in the settings the Commonwealth's general orders had left.81 The Centers for Medicare & Medicaid Services' visitation memorandum QSO-20-39-NH, as revised April 27, 2021 and in force throughout the third quarter of 2021, governed the entry of every contract barber and hairdresser into every nursing home in the United States and the reopening of every in-facility salon.82

The standing duties

Beneath the emergency orders lay a fourth layer that bound every salon, laundry, funeral home, grooming shop and repairer on every day of the six quarters, whether or not any order named it: the standing statutes that commanded every person to prevent and control communicable disease and every employer to furnish a safe and healthful workplace, the offense provisions that punished disobedience of health and emergency orders, the sanitary codes enforced by summary closure, and the liability shields that protected only the business that complied with governmental standards, guidance and protocols.83 Each is an order from an appropriate governmental authority: a statute or rule that commands conduct is an order, and a legislature, a health department, a labor department and an occupational-safety agency are each such an authority. The pandemic directives gave each standing duty its content. Eight States are stated below; the standing duties of every State are collected on the duties page of this site.

The orders' own conditions of operating

The reopening orders in these States permitted the trade on conditions, and the verbs are commands. Texas: "Every business establishment in Texas shall operate at no more than 50 percent of the total listed occupancy of the establishment" (the § 418.173 offense recited in every order); the DSHS protocols GA-21 incorporated with "should" are recommendations, made compulsory in Dallas County by county order and statewide by the standing statutes and the shield's condition below.84 Florida: salons reopened only where they "adopt appropriate social distancing and precautionary measures as outlined by the Department of Business and Professional Regulation," whose document read "the following restrictions are mandatory."85 New Jersey: reopening "provided that the facility complies with standards issued by the Division of Consumer Affairs and DOH."86 New York: reopened businesses "must be operated subject to the guidance promulgated by the Department of Health."87 Rhode Island: every covered entity "must take the following steps" under the Safe Activities regulation.88 California: sectors reopened "with certain modifications" whose guidance read "must," and from November 30, 2020 the Cal/OSHA standard bound every employer.89 Pennsylvania: in-person operation "provided that the businesses fully comply with all substantive aspects of" the safety orders "and all existing and future applicable guidance."90 Arizona: salons "may resume operations provided they establish and implement protocols and best practices ... including using face coverings for employees and customers, operating by appointment only."91 The face-covering clauses in these orders were workplace infection-prevention and exposure-control requirements beside screening, distancing, occupancy and sanitation, and a measure the Service calls "beyond the order" was, in each of these States, the order's own condition of operating.

The standing statutes

Standing law commanded the same conduct independently. 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," backed by a Class B misdemeanor and, in an area quarantine, a third-degree felony; and Labor Code § 411.103 adds that "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."92 Disobedience of a health or emergency order was an offense in each, from California's misdemeanor, "a separate offense for each day," to Arizona's class 1 misdemeanor, applied by arrest.93 Every employer owed a safe workplace by statute, "free from recognized safety and health hazards" (Rhode Island), "safe and healthful" (California), "reasonably safe and healthful ... including methods of sanitation and hygiene" (New Jersey), with "reasonable and adequate protection" for every person employed (New York and Pennsylvania) and, in New York, for every person "lawfully frequenting" the premises, "free from recognized hazards" (Arizona), and in Florida, which has no State general-duty statute for private employers, under the federal clause alone.94 Five of the eight wrote the pandemic duty into a workplace rule with its own force of law: California's emergency standard, New York's HERO Act plans, New Jersey's Executive Order No. 192, which from November 5, 2020 required every worksite to abide by its distancing, screening, face-covering and sanitation requirements "at minimum," Rhode Island's Safe Activities regulation and Pennsylvania's Worker Safety Order.95 Section 5(a)(1) of the Occupational Safety and Health Act bound every private employer in all eight: each "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." OSHA cited under it from September 10, 2020 and obtained an adjudicated willful violation against a storefront tax office whose owner forbade face coverings and distancing, an employer of the size and kind of most employers in this industry.96 Every premises open to the public also operated under a standing sanitary duty enforced by summary closure or abatement order.97

The liability shields' compliance condition

The legislatures then fixed the standard of care. Texas protects a business from an exposure claim unless the claimant proves it "knowingly failed to implement or comply with government-promulgated standards, guidance, or protocols intended to lower the likelihood of exposure to the disease," for every action commenced on or after March 13, 2020.98 Florida immunizes only a defendant that "made a good faith effort to substantially comply with authoritative or controlling government-issued health standards or guidance."99 Arizona presumes good faith only for a business that "adopted and implemented reasonable policies related to the public health pandemic," retroactive to March 10, 2020.100 New York and New Jersey shielded health-care providers only, on compliance conditions, and left every other business to the ordinary standard of care; Rhode Island's standing shield reaches a disaster-response worker "complying with, or reasonably attempting to comply with" the emergency statute and its orders, and the Library locates no general business shield in that State.101 California enacted no shield and kept Evidence Code § 669's presumption of negligence from the violation of any statute or regulation; Pennsylvania enacted none, the Governor returning the bill because "[p]roviding immunity for a business that does not rigorously comply with public health orders does not ensure the safety of the public."102 In each of the eight, compliance with the governmental health standards is what the business owed; the salon that spaced its stations, booked by appointment, screened and sanitized was complying. The answers section applies this layer to the Service's Q&A-14 ground.

The counterparties

The customers

The stay-home orders of forty-two States and territories, the "avoid ... cosmetology salons" directive of Texas, the gathering caps that fixed the funeral and the wedding, the face-covering orders that fixed what the customer wore in the chair and which services could be performed on her, and the quarantine orders that fixed whether an exposed customer could keep her appointment are orders limiting commerce, travel and group meetings addressed to the customer base, and they are relied on as such.103

The laundry's accounts

Every commercial laundry's hotel, restaurant, office, gym, school and event customers were closed by the orders of March 16-24, 2020 (New York City's restaurants at 8:00 p.m. March 16; Illinois' at 9:00 p.m. the same night; Texas's bars and dining rooms March 20), capped through 2020 and re-closed in the winter of 2020-21 (California's indoor dining July 1 and December 6, 2020; New York City's December 14, 2020; Minnesota's, Michigan's, Washington's and Pennsylvania's in November and December), and the hospitals and nursing homes whose linen the laundry cleans were under visitation, testing and, from June 21, 2021, OSHA orders throughout.104

The health-care facilities

The visitation bans that excluded contract barbers as non-essential visitors, the CMS memoranda, the State long-term-care orders, the Healthcare Emergency Temporary Standard and the health-care-worker vaccination orders of August and September 2021 (California, New York, New Jersey, Oregon, Washington, Massachusetts, Connecticut, Maryland, Los Angeles County, Philadelphia, Denver) fixed which personal-care and funeral personnel could enter a facility and on what proof.105

The workforce's schools and child care

Schools closed statewide in every State in March 2020; the 2020-21 year opened remote in the largest districts; and the 2021-22 year opened under face-covering and quarantine orders in New Jersey, Illinois, Washington, California, Louisiana, Kentucky, Oregon, Rhode Island, Connecticut, Massachusetts, Pennsylvania, Delaware, Oakland and Wayne Counties, Harris County, Denver, Boulder County, the Tri-County Health Department and Jefferson County, Colorado, among others, with quarantine standing orders on exposed persons in Rhode Island, San Diego County, Los Angeles County, Arkansas, Indiana and Kansas.106

Transit

The federal conveyance order and the transit agencies' own rules governed the commute of every worker who rode a bus or a train from May 2020 (Metro Transit, King County Metro, Bi-State, LA Metro, BART) and from February 1, 2021 by federal law.107

Courts and public offices

The judicial emergency orders of every State closed courthouses, suspended jury trials and moved the estate, collection, landlord-tenant and licensing matters in which funeral homes, landlords and laundries appear to remote hearings from March 2020, and in the third quarter of 2021 the Supreme Court of Texas's Fortieth Emergency Order, Virginia's Twenty-Sixth and Twenty-Eighth Orders, Maryland's Third Amended Administrative Order, Kentucky's Administrative Orders 2021-27 and 2021-28, Hawaii's postponement of every jury trial, Utah's, South Dakota's, Idaho's, Rhode Island's, Tennessee's, Vermont's, Iowa's, Wisconsin's, Minnesota's and the District's court orders were in force.108

Landlords

The CARES Act moratorium, the CDC eviction orders, the FHFA moratoria, New Jersey's Executive Order 106 and its 2021 phase-out, New York's eviction acts of May 4 and September 2, 2021, Minnesota's phase-out and the local moratoria of Seattle, Los Angeles County, Boston and Somerville governed the landlords of this industry's premises and the households of its workforce.109

The ecosystem

The mechanisms

The orders reached this industry through six mechanisms that the ecosystem section states in full: (1) supply chains and borders (the Defense Production Act orders and the scarce-materials designation on the masks, gloves and disinfectants every reopening order required a salon to stock; the plant closures of Michigan, Pennsylvania, New York and New Jersey on the professional-beauty, casket and chemical supply; the land-border and entry orders on imported goods and travelers); (2) the workforce, its schools and its child care; (3) travel, tourism and gatherings (the traveler quarantines of Hawaii, Chicago, San Francisco, Kauai, Pennsylvania and Maryland; the gathering caps on the funeral and the wedding); (4) courts and public offices; (5) transit; and (6) health care as counterparty.110 The organizers' notices of the trade shows, conventions, competitions, expositions and recurring gatherings on which this industry's selling, training and licensing depended, and which those orders cancelled, converted or capped in 2020 and 2021, are held in the Library with the venue jurisdictions' instruments and are listed with this industry's records. The Federal Reserve's Beige Books of April 15, 2020, July 14, 2021 and September 8, 2021 record the contraction, the supply bottlenecks and the Delta-wave deceleration in the words of the Reserve Banks' own contacts.111

The territories

Puerto Rico closed private-sector operations at 6:00 p.m. March 15, 2020; from August 30, 2021 its OE-2021-064 required the employees of gyms, beauty salons, barbershops, spas, child-care centers, casinos and supermarkets to be vaccinated or tested weekly, and OE-2021-065 ordered indoor face coverings and a midnight-to-5:00 a.m. closing from September 2, 2021, extended September 20. Guam closed non-essential operations under Executive Order 2020-05 from March 20, 2020 and required vaccination of executive-branch workers (Executive Order 2021-17, August 6, 2021) and of patrons of covered establishments (Executive Order 2021-19, August 20; Executive Order 2021-20, August 24, 2021). The Virgin Islands closed personal care from March 25 to May 4, 2020 and again from August 17 to September 8, 2020, and kept its General Orders, gathering rules and midnight closure through the third quarter of 2021. The Commonwealth of the Northern Mariana Islands closed them from March 19, 2020 and reimplemented restrictions August 24, 2020.112

Foreign orders

The border closures, entry bans and quarantine rules of Canada, Mexico, the European Union, the United Kingdom, China, India and Brazil are facts and circumstances that fixed the tourist, the business traveler and the imported product on which resort spas, hotel laundries and airport barbers depend; they are stated here by category and are not relied on as orders of an appropriate governmental authority of the United States.113

  1. Moreland et al., Timing of State and Territorial COVID-19 Stay-at-Home Orders and Changes in Population Movement, MMWR 69:1198 (Sept. 4, 2020) (Ex. LAW-201) (forty-two States and territories; 2,355 of 3,233 counties). ↩
  2. HHS Office of the Assistant Secretary for Planning and Evaluation, COVID-19 State and Territorial Policy Database (4,218 entries; policy type "Personal Care") (Ex. LAW-205). ↩
  3. National Governors Association / Council of State Governments count of gubernatorial executive orders to June 29, 2020 (2,065) (Ex. LAW-203); COVID Analysis and Mapping of Policies (COVID AMP) (more than 20,000 national and State policies and about 8,000 county policies for the United States) (Ex. LAW-202). ↩
  4. State mask-requirement compilation (thirty-nine States and the District) (Ex. LAW-234). ↩
  5. Kaiser Family Foundation, State COVID-19 Data and Policy Actions (file of July 2, 2021) (Ex. LAW-246) (thirty-five States under emergency declarations; nine with statewide mask requirements); KFF, State COVID-19 Data and Policy Actions (file of Sept. 21, 2021) (Ex. LAW-247) (twenty-five States under emergency declarations; eleven with statewide mask requirements). ↩
  6. Bureau of Labor Statistics, The Employment Situation - April 2020, USDL-20-0815 (May 8, 2020) (Ex. LAW-206) (payroll employment fell by 20.5 million; unemployment rate 14.7 percent); Bureau of Economic Analysis, Gross Domestic Product, 2nd Quarter 2020 (Advance Estimate) (July 30, 2020) (Ex. LAW-253) (real GDP decreased at an annual rate of 32.9 percent); Bureau of Labor Statistics, The Employment Situation - July 2021, USDL-21-1461 (Aug. 6, 2021) (Ex. LAW-224) (persons unable to work because their employer closed or lost business due to the pandemic). ↩
  7. Government Accountability Office, COVID-19: Opportunities to Improve Federal Response and Recovery Efforts, GAO-20-625, at 3, 10 (June 25, 2020) (Ex. LAW-213). ↩
  8. Federal Reserve, The Beige Book (Apr. 15, 2020) (Ex. ECO-A-104); The Beige Book (Sept. 8, 2021) (Ex. ECO-A-107; Ex. LAW-211; Ex. ECO-B-090); The Beige Book (July 14, 2021) (Ex. ECO-A-106); The Beige Book (May 27, 2020) (Ex. LAW-218); The Beige Book (Dec. 2, 2020) (Ex. LAW-219); Federal Reserve, Monetary Policy Report (July 9, 2021), box: Supply Chain Bottlenecks (Ex. LAW-221); Census Bureau, Small Business Pulse Survey (July 2021) (supplier delays) (Ex. LAW-243). ↩
  9. The COVID Project, Orders Library index (compiled September 28, 2026; 11,539 records; 10,716 exhibit files present; 9,897 graded "Primary source read", 1,251 "Confirmed from a secondary source" and 244 not yet verified, the last never named on this site). The figure is the count of the instruments retrieved and indexed, not a count of the orders that reached any employer. See the methodology page of this site. ↩
  10. Proclamation 9994, Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, 85 Fed. Reg. 15337 (Mar. 18, 2020) (Ex. FED-001); HHS, Determination that a Public Health Emergency Exists (Jan. 31, 2020) (Ex. FED-010); Renewals of Apr. 21, 2020 (Ex. FED-011), July 23, 2020 (Ex. FED-012), Oct. 2, 2020 (Ex. FED-013), Jan. 7, 2021 (Ex. FED-014), Apr. 15, 2021 (Ex. FED-015) and July 19, 2021 (Ex. FED-016). ↩
  11. CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 1.0 (Mar. 19, 2020) (Ex. FED-394); Version 3.0 (Apr. 17, 2020) (Ex. SEC-18-002); Version 4.1 (Aug. 10, 2021) (Ex. SEC-18-001); Governor of Texas, Executive Order GA-14 (Mar. 31, 2020) (Ex. SEC-18-033) (adopting the CISA list as essential services). ↩
  12. Families First Coronavirus Response Act, Pub. L. 116-127, div. C and div. E, 134 Stat. 178 (Mar. 18, 2020) (Ex. FED-170); Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826, 85 Fed. Reg. 19326 (Apr. 6, 2020) (Ex. FED-171); Revised Temporary Rule, 85 Fed. Reg. 57677 (Sept. 16, 2020) (Ex. FED-172). ↩
  13. Executive Order 13909, 85 Fed. Reg. 16227 (Mar. 23, 2020) (Ex. FED-070); Executive Order 13910, 85 Fed. Reg. 17001 (Mar. 26, 2020) (Ex. FED-071); Executive Order 13911, 85 Fed. Reg. 18403 (Apr. 1, 2020) (Ex. FED-072); Executive Order 13917, 85 Fed. Reg. 26313 (May 1, 2020) (Ex. FED-073); Notice of Designation of Scarce Materials, 85 Fed. Reg. 17592 (Mar. 25, 2020) (Ex. FED-074); FEMA, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, 85 Fed. Reg. 20195 (Apr. 10, 2020) (Ex. FED-075); Notification of Exemptions (Apr. 17, 2020) (Ex. FED-076). ↩
  14. OMB Memorandum M-20-16, Federal Agency Operational Alignment to Slow the Spread of Coronavirus COVID-19 (Mar. 17, 2020) (Ex. FED-264); OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268). ↩
  15. Ex. FED-012; Ex. FED-013; Ex. FED-170; FEMA, Temporary Final Rule extending the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077); Temporary Final Rule (Dec. 31, 2020) (Ex. FED-078) (to June 30, 2021); CARES Act §§ 4022-4024, 134 Stat. at 490-94 (Ex. FED-340). ↩
  16. Centers for Disease Control and Prevention, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021) (Ex. FED-020); Transportation Security Administration, Security Directive SD 1582/84-21-01 (Jan. 31, 2021) (Ex. FED-050). ↩
  17. CDC, Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042); Proclamation 10143, 86 Fed. Reg. 7467 (Jan. 28, 2021) (Ex. FED-207); Proclamation 10199, 86 Fed. Reg. 24297 (May 6, 2021) (Ex. FED-208); Notifications of Temporary Travel Restrictions (Canada and Mexico), 86 Fed. Reg. 32764 and 32766 (June 23, 2021) (Ex. FED-232; Ex. FED-255). ↩
  18. Executive Order 13991, 86 Fed. Reg. 7045 (Jan. 25, 2021) (Ex. FED-060); OMB Memorandum M-21-15 (Jan. 24, 2021) (Ex. FED-270); OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271). ↩
  19. OSHA, Directive DIR 2021-01 (CPL-03), National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (Mar. 12, 2021) (Ex. FED-082); Occupational Exposure to COVID-19; Emergency Temporary Standard, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080); OSHA, Directive DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 Emergency Temporary Standard (June 28, 2021) (Ex. FED-081); ARPA § 9651, Pub. L. 117-2, 135 Stat. 4, 176-77 (Ex. FED-174); CDC, Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (June 24, 2021) (Ex. FED-025). ↩
  20. Ex. FED-020; Ex. FED-051; Ex. FED-052; OSHA, Directive DIR 2021-03 (CPL 03), Revised National Emphasis Program (July 7, 2021) (Ex. FED-083; Ex. SEC-18-003); Ex. FED-080; Ex. FED-016; Ex. FED-207; Ex. FED-208; Proclamation 10294, 86 Fed. Reg. 59603 (Oct. 28, 2021) (Ex. FED-209); Notifications of Temporary Travel Restrictions, 86 Fed. Reg. 38556 and 38554 (July 22, 2021) (Ex. FED-233; Ex. FED-256), 86 Fed. Reg. 46964 and 46963 (Aug. 23, 2021) (Ex. FED-234; Ex. FED-257), 86 Fed. Reg. 52609 and 52611 (Sept. 22, 2021) (Ex. FED-235; Ex. FED-258); CDC, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038) (replacing the order of Oct. 13, 2020 (Ex. FED-037)); CDC, Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission (Aug. 3, 2021) (Ex. FED-026); FHFA, releases of June 24 and July 30, 2021 (Ex. FED-354; Ex. FED-355); CFPB, Protections for Borrowers Affected by the COVID-19 Emergency Under RESPA, Regulation X (dated June 25, 2021; announced June 28; published 86 Fed. Reg. 34848, June 30, 2021; effective Aug. 31, 2021) (Ex. FED-344); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Agency Model Safety Principles (rev. July 29, 2021) (Ex. FED-272); CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 4.1 (Aug. 10, 2021) (Ex. SEC-18-001); Memorandum of August 17, 2021, Maximizing Assistance To Respond to COVID-19, 86 Fed. Reg. 46759 (Aug. 20, 2021) (Ex. FED-009); Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 14, 2021) (Ex. FED-063); Executive Order 14043, 86 Fed. Reg. 50989 (Sept. 14, 2021) (Ex. FED-064); OMB, Determination of the Promotion of Economy and Efficiency in Federal Contracting (Sept. 24, 2021) (Ex. FED-275); Extension of Designation of Scarce Materials to Nov. 15, 2021 (July 7, 2021) (Ex. ECO-A-071). ↩
  21. Governor of New York, Executive Order No. 202.7 (Mar. 19, 2020) (Ex. NY-004; Ex. SEC-18-005); Executive Order No. 202.6 (Mar. 18, 2020); Executive Order No. 202.8 (Mar. 20, 2020) (Ex. NY-002); Executive Order No. 202.10 (Mar. 23, 2020) (Ex. NY-005); Executive Order No. 202.35 (May 29, 2020); New York State Department of State and Department of Health, Interim Guidance for Hair Salons and Barbershops (May 29, 2020) (Ex. NY-109; Ex. SEC-18-006); Executive Order No. 202.41 (June 13, 2020) (Ex. NY-029); Interim Guidance for Personal Care Services (June 12, 2020) (Ex. SEC-18-007); Executive Order No. 202.68 (Oct. 6, 2020) (Ex. NY-008); Executive Order No. 202.81 (Dec. 11, 2020) (Ex. NY-039); 10 NYCRR Subpart 66-3 (May 26, 2021) (Ex. NY-134) (readopted June 23, 2021). ↩
  22. Governor of New Jersey, Executive Order No. 107, ¶ 9 (Mar. 21, 2020) (Ex. SEC-18-008; Ex. NJ-004); Executive Order No. 154 (June 13, 2020) (Ex. SEC-18-009; Ex. NJ-023); New Jersey Department of Health, Executive Directive No. 20-015 (June 13, 2020) (Ex. SEC-18-010; Ex. NJ-070); Executive Order No. 194 (Nov. 10, 2020) (Ex. NJ-037); Executive Order No. 219 (Feb. 3, 2021) (Ex. NJ-042) (thirty-five percent from 8:00 a.m. Feb. 5, 2021); Executive Order No. 242 (May 24, 2021) (Ex. NJ-050); Executive Order No. 243 (May 26, 2021) (Ex. SEC-09-038); Executive Order No. 244 (June 4, 2021) (Ex. NJ-052); P.L. 2021, c. 103 (June 4, 2021) (Ex. NJ-053). ↩
  23. Governor of Pennsylvania and Secretary of Health, Orders of Mar. 19, 2020 closing all businesses that are not life-sustaining, with the Industry Operation Guidance list (Ex. PA-004; Ex. SEC-18-020); Order of the Governor for Limited Opening of Businesses (May 7, 2020) (Ex. PA-010); Order of the Governor for the Continued Reopening of the Commonwealth (May 27, 2020) (Ex. PA-011); Order of the Secretary of Health Directing Mitigation Measures (July 15, 2020) (Ex. PA-016) and Order of the Governor Directing Targeted Mitigation Measures (July 15, 2020) (Ex. PA-017); Order of the Secretary of Health for Mitigation and Enforcement (Nov. 23, 2020) (Ex. PA-022) and Order of the Governor for Mitigation, Enforcement, and Immunity Protections (Nov. 23, 2020) (Ex. PA-023); Order of the Secretary Directing Limited-Time Targeted Mitigation (Dec. 10, 2020) (Ex. PA-028); Order of the Acting Secretary Amending the November 23, 2020 Order (Apr. 1, 2021) (Ex. PA-033); Pennsylvania Department of State, Regulation Waiver - Barbers and Cosmetologists (Mar. 26, 2020) (Ex. PA-094) and Regulation Waiver - Funeral Directors (Mar. 30, 2020) (Ex. PA-095); Act 21 of 2021 (June 11, 2021); Act 73 of 2021 (Sept. 30, 2021). ↩
  24. Governor of Massachusetts, COVID-19 Order No. 13 (Mar. 23, 2020) (Ex. MA-008); COVID-19 Order No. 33 (May 18, 2020) (Ex. SEC-16-076); COVID-19 Order No. 37 (June 6, 2020) (Ex. MA-019); COVID-19 Order No. 40 (June 19, 2020) (Ex. MA-021); Sector-Specific Workplace Safety Standards for Close Contact Personal Services (May 18, 2020) (Ex. SEC-18-030); COVID-19 Order No. 53 (Nov. 2, 2020) (Ex. MA-033); COVID-19 Order No. 59 (Dec. 22, 2020) (Ex. MA-040); Governor's Declaration Pursuant to G.L. c. 17, § 2A (May 28, 2021) (Ex. MA-049); Commissioner of Public Health, Order Regarding Face Coverings to be Worn in Certain Settings (May 28, 2021) (Ex. MA-050); COVID-19 Public Health Emergency Order No. 2021-1 (June 14, 2021) (Ex. MA-054). ↩
  25. Governor of Connecticut, Executive Order No. 7G, § 4 (Mar. 19, 2020) (Ex. CT-006); Executive Order No. 7TT (May 29, 2020) (Ex. CT-019); Executive Order No. 7ZZ (June 16, 2020); DECD, Sector Rules: Hair Salons and Barbershops (July 22, 2020 version) (Ex. CT-080); DECD, Sector Rules: Personal Services, Phase 2.1 (Nov. 9, 2020 version) (Ex. CT-088); DECD, Sector Rules: Personal Services (Feb. 26, 2021 version); Executive Order No. 12B (May 20, 2021). ↩
  26. Governor of Rhode Island, Executive Order 20-09 (Mar. 22, 2020) (Ex. RI-006); Mayor of Providence, Executive Order 2020-3 (Mar. 20, 2020) (Ex. RI-093); Executive Order 20-32 (May 9, 2020) (Ex. RI-017); Executive Order 20-40 (May 29, 2020) (Ex. RI-019); 216-RICR-50-15-7 (emergency amendment effective Nov. 9, 2020), § 7.4.6 (Ex. RI-070); 216-RICR-50-15-7 (emergency amendment effective June 18, 2021) (Ex. RI-071) (to Aug. 31, 2021). ↩
  27. Governor of Vermont, Addendum 4 to Executive Order 01-20 (Mar. 20, 2020) (Ex. VT-008); Addendum 15 (May 22, 2020) (Ex. SEC-18-037); Addendum 16 (May 29, 2020); Executive Order No. 06-21 (June 15, 2021); New Hampshire, Barbers, Hair Salons and Cosmetology - COVID-19 Reopening Guidance (May 1, 2020) (Ex. NH-055); Maine, COVID-19 Prevention Checklist: Barbering and Cosmetology; Governor of Maine, Executive Order 40 FY 20/21 (June 30, 2021); Governor of Delaware, Fourth Modification of the Declaration of a State of Emergency (Mar. 22, 2020); Fifteenth Modification (May 7, 2020) (Ex. DE-019); Nineteenth Modification (May 22, 2020) (Ex. DE-023); Twenty-Second Modification (June 19, 2020) (Ex. DE-026); Twenty-Ninth Modification (May 18, 2021); Mayor of the District of Columbia, Mayor's Order 2020-053 (Mar. 24, 2020) (Ex. DC-005); Mayor's Order 2020-067 (May 27, 2020) (Ex. DC-029); Mayor's Order 2021-038 (Mar. 17, 2021) (Ex. DC-016). ↩
  28. Governor of Texas, Executive Order GA-08 (Mar. 19, 2020) (Ex. TX-003); Executive Order GA-14 (Mar. 31, 2020) (Ex. SEC-18-033); Dallas County Judge, Stay Home Stay Safe Order (Mar. 22, 2020) (Ex. MET-DFW-005); Harris County Judge, Stay Home, Work Safe Order (Mar. 24, 2020) (Ex. MET-HOU-005); Fort Bend County Judge, Second Amended and Restated Order (Mar. 20, 2020) (Ex. MET-HOU-073); Bexar County Judge, Emergency Order No. 5 (Mar. 23, 2020) (Ex. MET-SAT-006); Executive Order GA-21 (May 5, 2020) (Ex. SEC-18-025); Executive Order GA-23 (May 18, 2020); Texas Department of Licensing and Regulation, Minimum Standard Health Protocols (May 5, 2020) (Ex. AGY-ST-TRADE-BOARDS-010; Ex. AGY-ST-TRADE-BOARDS-011; Ex. AGY-ST-TRADE-BOARDS-012); TDLR massage-therapy program page (captured Apr. 27, 2020) (Ex. AGY-ST-HEALTH-BOARDS-051) (the Department's announcement, cited as context, that under the Governor's orders massage establishments were closed from Mar. 20, 2020 and confined to medically necessary services until GA-23 on May 18; the orders are Ex. TX-003, Ex. SEC-18-033 and GA-23); Executive Order GA-26 (June 3, 2020) (Ex. TX-019); Executive Order GA-28 (June 26, 2020); Executive Order GA-29 (July 2, 2020); Executive Order GA-32 (Oct. 7, 2020); DSHS list of Trauma Service Areas with high hospitalizations (Jan. 15, 2021) (Ex. TX-026); Executive Order GA-34 (Mar. 2, 2021); Executive Order GA-36 (May 18, 2021) (Ex. TX-031). ↩
  29. Governor of Florida, Executive Order 20-91 (Apr. 1, 2020); Executive Order 20-120 (May 9, 2020) (Ex. SEC-18-026; Ex. FL-024); DBPR, Information for Barbershops, Cosmetology Salons, and Cosmetology Specialty Salons pursuant to Executive Order 20-120 (May 9, 2020) (Ex. AGY-ST-TRADE-BOARDS-002); Executive Order 20-139 (June 3, 2020); Chapter 2021-8, Laws of Florida (SB 2006) (May 3, 2021) (s. 381.00316 from July 1, 2021). ↩
  30. Governor of Georgia, Executive Order 04.02.20.01 (Apr. 2, 2020); Executive Order 04.20.20.01 (Apr. 20, 2020) (Ex. SEC-18-027); Governor of Tennessee, Executive Order No. 21 (Ex. SEC-18-035; Ex. TN-006) and No. 33 (Ex. SEC-18-036; Ex. TN-015); Alabama State Health Officer, Order Suspending Certain Public Gatherings (Mar. 27, 2020) (Ex. AL-011) and Amended Order (May 8, 2020); Governor of South Carolina, Executive Order No. 2020-17 (Mar. 31, 2020) (Ex. SC-010) and No. 2020-36 (May 15, 2020); Governor of Mississippi, Executive Order 1466 (Apr. 1, 2020), Executive Order 1480 (May 8, 2020) (Ex. MS-016), Executive Order 1525 (Sept. 30, 2020) and Executive Order 1535 (Dec. 9, 2020); Arkansas Department of Health, Directive, Barber, Body Art, Cosmetology, Massage Therapy and Medical Spa Establishments and Schools (Mar. 23, 2020) (Ex. AR-037) and Directive of May 6, 2020 (Ex. AR-053); Governor of Louisiana, Proclamation 33 JBE 2020 (Mar. 22, 2020), Proclamation 58 JBE 2020 (May 14, 2020) (Ex. LA-010), Proclamation 74 JBE 2020 (June 4, 2020), Open Safely - Phase 2: Beauty Shops, Salons, Barber Shops, or Tanning Salons (June 1, 2020) (Ex. LA-081), Proclamation 89 JBE 2020 (July 11, 2020) and Proclamation 137 JBE 2021 (Aug. 2, 2021); Kentucky Cabinet for Health and Family Services, Order of March 17, 2020; Healthy at Work Requirements for Barbers, Hair Salons and Cosmetologists, Versions 2.0 and 3.0 (Ex. SEC-18-039; Ex. KY-071); Governor of Kentucky, Executive Order 2021-386 (June 11, 2021); Governor of Virginia, Executive Order 53 (Mar. 23, 2020); Executive Order 61 and Order of Public Health Emergency Three (May 8, 2020); 16VAC25-220, Final Permanent Standard (Jan. 27, 2021) (Ex. SEC-10-043) and amendments effective Sept. 8, 2021 (Ex. SEC-19-029); Governor of Maryland, Order No. 20-03-23-01 (Ex. MD-005), Order No. 20-03-30-01, Order No. 20-05-13-01, Order No. 20-05-27-01 (Ex. MD-011), Order No. 20-06-03-01 (Ex. MD-012), Order No. 20-06-10-01 (Ex. MD-013) and Order No. 21-03-09-01; Governor of North Carolina, Executive Order No. 120 (Mar. 23, 2020) (Ex. NC-004), Executive Order No. 141 (May 20, 2020) and Executive Order No. 147 (June 24, 2020); Oklahoma, Open Up and Recover Safely Plan (Ex. OK-021) and Fourth Amended Executive Order 2020-13 (Ex. OK-022); Governor of West Virginia, Executive Order 6-20 (Mar. 19, 2020) (Ex. WV-006) and Executive Order 32-20 (Apr. 30, 2020) (Ex. WV-026). ↩
  31. Governor of Illinois, Executive Order 2020-07 (Mar. 16, 2020) (Ex. IL-004); Executive Order 2020-10, § 12.k, 12.w (Mar. 20, 2020) (Ex. SEC-18-032); DCEO, Restore Illinois Phase 3 Personal Care Services Guidelines (May 24, 2020) (Ex. SEC-18-017); DCEO, Phase 4 Personal Care Services Guidelines (June 22, 2020) (Ex. SEC-18-018); Executive Order 2020-73 (Nov. 18, 2020) (Ex. SEC-18-019); Executive Order 2021-20 (Aug. 26, 2021) (Ex. SEC-18-042); Executive Order 2021-22 (Sept. 3, 2021); Executive Order 2021-23 (Sept. 17, 2021) (Ex. IL-044). ↩
  32. Governor of Michigan, Executive Order 2020-20 (Mar. 21, 2020) (Ex. MI-010; Ex. SEC-18-013); Executive Order 2020-42 (Apr. 9, 2020); Executive Order 2020-110 (June 1, 2020); Executive Order 2020-115 (June 5, 2020) (Ex. MI-033); Michigan LEO, COVID-19 Workplace Guidelines for Personal Care Services (June 8, 2020) (Ex. SEC-18-014); Executive Order 2020-147 (July 10, 2020) (Ex. MI-039); MIOSHA Emergency Rules (Oct. 14, 2020) (Ex. SEC-12-059), as amended and refiled May 24, 2021 (Ex. AGY-ST-LABOR-WORKPLACE-062); MDHHS, Gatherings and Face Mask Order (Oct. 29, 2020); MDHHS, Gatherings and Face Mask Order (Dec. 7, 2020) (Ex. MI-061); MDHHS Orders of Dec. 18, 2020 (Ex. MI-062), Jan. 13, 2021 (Ex. MI-063), Jan. 22, 2021 (Ex. MI-064), Mar. 2, 2021 (Ex. MI-066), May 4, 2021 (Ex. MI-069) and May 14, 2021; MDHHS, Rescission of Emergency Orders (June 17, 2021); Detroit Health Department, Emergency Order for Control of Epidemic (Oct. 9, 2020) (Ex. MET-DET-001); Wayne County Local Health Department, Updated Emergency Public Health Order (Oct. 16, 2020) (Ex. MET-DET-032); Oakland County Health Division, Emergency Order 2020-12 (Oct. 3, 2020) (Ex. MET-DET-027). ↩
  33. Ohio Department of Health, Director's Order to Cease Business Operation at Hair Salons, Day Spas, Nail Salons, Barber Shops, Tattoo Parlors, Body Piercing Locations and Massage Therapy Locations (Mar. 19, 2020) (recited and rescinded in the order of May 14, 2020, § 6); Director's Order that Reopens Hair Salons, Day Spas, Nail Salons, Barber Shops, Tattoo Parlors, Body Piercing Locations and Tanning Facilities, with Exceptions (May 14, 2020) (Ex. SEC-18-011; Ex. OH-021); Amended Director's Order for Personal Services (Aug. 31, 2020) (Ex. SEC-18-012). ↩
  34. Governor of Minnesota, Emergency Executive Order 20-08 (Mar. 18, 2020) (Ex. MN-004); Emergency Executive Order 20-63 (May 27, 2020) (Ex. MN-024); Emergency Executive Order 20-99 (Nov. 18, 2020) (Ex. MN-032); Wisconsin DHS, Emergency Order #12 (Ex. SEC-18-034; Ex. WI-002); Governor of Indiana, Executive Order 20-08 (Mar. 23, 2020); Governor of Iowa, Proclamation of Disaster Emergency (Mar. 22, 2020) (Ex. SEC-18-038; Ex. IA-004); Governor of Kansas, Executive Order 20-31 (May 14, 2020) (Ex. KS-021); Governor of North Dakota, Executive Order 2020-06.1 (Mar. 27, 2020) (Ex. ND-013); North Dakota State Health Officer, Order 2020-08 (Nov. 13, 2020) (Ex. ND-061), extended by Order 2020-08.1 (Dec. 9, 2020) (Ex. ND-066); Nebraska DHHS, Directed Health Measure Order 2020-010 (Apr. 9, 2020), Order 2020-LLHD-001 (Apr. 30, 2020) (Ex. NE-010) and Order 2020-NCHD-001 (Apr. 30, 2020) (Ex. NE-011); St. Louis Health Commissioner's Order No. 5 (Mar. 21, 2020) (Ex. MET-STL-006); St. Louis County DPH, Stay at Home Order (Mar. 21, 2020) (Ex. MET-STL-044); Boone County Order No. 2020-03C (Mar. 24, 2020) (Ex. MO-044); Springfield-Greene County, Road to Recovery Plan (Ex. MO-041); City of Brookings, Ordinance 20-005 (Mar. 23, 2020) (Ex. SD-068). ↩
  35. Governor of California, Executive Order N-33-20 (Mar. 19, 2020); San Francisco Health Officer, Order No. C19-07 (Mar. 16, 2020) (Ex. MET-SFO-001); Los Angeles County Health Officer, Safer at Home Order (Mar. 21, 2020) (Ex. MET-LA-003); State Public Health Officer Order of July 13, 2020 (Ex. SEC-18-022); CDPH, COVID-19 Industry Guidance: Hair Salons and Barbershops (Ex. SEC-18-023); Regional Stay at Home Order (Dec. 3, 2020) (Ex. SEC-18-024); State Public Health Officer Order of June 11, 2021 (Beyond the Blueprint) (Ex. CA-036); Cal/OSHA, COVID-19 Prevention Emergency Temporary Standards, 8 C.C.R. § 3205 (approved and operative Nov. 30, 2020) (Ex. SEC-10-039; Ex. SEC-09-010), readopted June 17, 2021 (Ex. SEC-09-048; Ex. SEC-10-041); CDPH, Guidance for the Use of Face Coverings (July 28, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-110). ↩
  36. Governor of Washington, Proclamation 20-13 (Mar. 16, 2020) (Ex. WA-009); Phase 2 Personal Services COVID-19 Requirements (May 13, 2020) (Ex. SEC-18-028); Secretary of Health Order 20-03 (June 24, 2020) (Ex. WA-037); Proclamation 20-25.8 (Nov. 15, 2020) (Ex. WA-047); Personal Services COVID-19 Requirements (version of June 4, 2021) (Ex. WA-105); Proclamation 20-25.13 (May 21, 2021) (Ex. WA-065); Proclamation 20-25.14 (July 1, 2021) (Ex. WA-072); Secretary of Health Order 20-03.4 (Aug. 19, 2021) (Ex. WA-078); Governor of Washington, Proclamation 20-25.15, Washington Ready (Aug. 20, 2021) (Ex. WA-080) (effective Aug. 23, 2021; prohibition on any business or entity admitting a person without a face covering; employer duties). ↩
  37. Governor of Oregon, Executive Order 20-12 (Mar. 23, 2020) (Ex. OR-007); Executive Order 20-25 (May 14, 2020) (Ex. OR-017); OHA, Statewide Mask, Face Shield, Face Covering Guidance (July 24, 2020 version) (Ex. OR-025); Executive Order 20-66 (Dec. 2, 2020) (Ex. OR-035); Executive Order 21-15 (June 25, 2021) (Ex. OR-043); OAR 333-019-1025 (Aug. 13, 2021) (Ex. OR-048). ↩
  38. Colorado Department of Public Health and Environment, Updated Notice of Public Health Order 20-22 (Mar. 19, 2020) (Ex. CO-004); Governor of Colorado, Executive Order D 2020 138 (July 16, 2020) (Ex. CO-031); First Amended Public Health Order 20-36 (Nov. 17, 2020) (Ex. CO-081); Fourth Amended Public Health Order 20-38 (June 30, 2021) (Ex. CO-041); Fifth Amended (July 30, 2021) (Ex. CO-053); Sixth Amended (Aug. 31, 2021) (Ex. CO-091); Seventh Amended (issued Sept. 30, 2021; effective Oct. 1, 2021; post-period marker) (Ex. CO-054); Governor of Colorado, Executive Order D 2021 103 (May 14, 2021) (Ex. CO-040) (the general face-covering order, expiring June 1, 2021). ↩
  39. Governor of Nevada, Declaration of Emergency Directive 013 (Apr. 8, 2020) (Ex. NV-014); Directive 018 (May 7, 2020) (Ex. NV-016); Directive 037 (Feb. 14, 2021) (Ex. NV-032) (thirty-five percent from Feb. 15 and fifty percent from Mar. 15, 2021); Directive 047 (July 27, 2021) (Ex. NV-041); Directive 048 (Aug. 4, 2021) (Ex. NV-042); Nevada Gaming Control Board, Industry Notice 2021-71 (July 27, 2021) (Ex. NV-051). ↩
  40. New Mexico Department of Health, Public Health Emergency Order of June 1, 2020; Order of November 13, 2020 (Ex. NM-039); Amended Order of November 18, 2020 (Ex. NM-040); Order of June 30, 2021; Order of July 30, 2021; Order of August 17, 2021; Order of September 15, 2021 (Ex. NM-070). ↩
  41. Governor of Arizona, Executive Order 2020-34 (May 4, 2020) (Ex. AZ-017); Salt Lake County Health Department, Public Health Order 2020-03 (Mar. 29, 2020) (Ex. MET-SLC-042); Summit County, Public Health Order 2020-02 (Mar. 23, 2020) (Ex. MET-SLC-004) and Joint Public Health Order 2020-03 (Mar. 25, 2020) (Ex. MET-SLC-005); Weber-Morgan Health Department, Public Health Order (Apr. 1, 2020) (Ex. UT-054); Wasatch County Health Department, Stay Safe Stay Home Order (Mar. 30, 2020) (Ex. UT-055); Governor of Utah, Executive Order 2020-19 (Apr. 29, 2020); Idaho, Order to Self-Isolate (Mar. 25, 2020) and Stay Healthy Order (Apr. 30, 2020); Montana, Stay at Home Directive (Mar. 26, 2020) (Ex. MT-009); Wyoming, Statewide Public Health Order #3 (Mar. 24, 2020) (Ex. WY-006) and Third Continuation (Apr. 28, 2020) (Ex. WY-014); Alaska, COVID-19 Health Mandate 007 (Mar. 20, 2020) (Ex. AK-009), Health Mandate 009 (Mar. 23, 2020) (Ex. AK-011) and Health Mandate 016, Phase I-A (Apr. 22, 2020) (Ex. AK-085); Mayor of Honolulu, Emergency Order No. 2020-02 (Mar. 22, 2020) (Ex. MET-HNL-004) and Emergency Order No. 2020-25 (Aug. 25, 2020) (Ex. MET-HNL-019); Governor of Hawaii, Eighth Supplementary Proclamation (May 18, 2020), Twenty-First Proclamation (June 7, 2021) and Emergency Proclamation of Aug. 5, 2021. ↩
  42. Ex. NY-008; Ex. SEC-18-019; Ex. MI-061; Ex. WA-047; Ex. CO-081; Ex. NM-039; Ex. NM-040; Ex. MA-033; Ex. MA-040; Ex. SEC-18-024; Ex. PA-022; Ex. PA-023; Ex. PA-028; Ex. NJ-037; Ex. OR-035; Ex. MN-032; Michigan DHHS, Gatherings and Face Mask Order (Oct. 29, 2020); Montgomery County Executive Order 122-20 AM (Nov. 10, 2020) (Ex. MET-DCM-011) and Executive Order 139-20 AM2 (Dec. 15, 2020) (Ex. MET-DCM-013); Philadelphia, Fall/Winter Order (Nov. 16, 2020) (Ex. MET-PHL-010); St. Louis County DPH, Safer At Home Order (Nov. 12, 2020) (Ex. MET-STL-074); Johnson County Board of Public Health, Order No. 002-20 (Nov. 13, 2020) (Ex. MET-KC-061). ↩
  43. Governor of Texas, Executive Order GA-34 (Mar. 2, 2021); Governor of Maryland, Order No. 21-03-09-01; Ex. NC-030; Ex. NY-134; Governor of Connecticut, Executive Order No. 12B (May 20, 2021); Ex. MA-054; Governor of Kentucky, Executive Order 2021-386 (June 11, 2021); Ex. RI-071; Ex. NJ-050; Ex. NV-041 (recital of the June 1, 2021 end of the county plans); Michigan DHHS, Rescission of Emergency Orders (June 17, 2021); Governor of Vermont, Executive Order No. 06-21 (June 15, 2021); California State Public Health Officer Order of June 11, 2021 (Ex. CA-036); Ex. WA-072; Ex. OR-043; New Mexico Department of Health, Order of June 30, 2021; Ex. MET-LA-018; Ex. MET-CMH-050; Ex. OH-094; Ex. ND-066; Ex. NE-026; Ex. OK-039; Ex. WY-050; Ex. WY-051; Ex. CO-040; Ex. RI-040; Ex. RI-047; Ex. LA-032. ↩
  44. Governor of Texas, Executive Order GA-34 (Mar. 2, 2021); Executive Order GA-36 (May 18, 2021) (Ex. TX-031); Executive Order GA-38 (July 29, 2021); Executive Order GA-39 (Aug. 25, 2021) (Ex. TX-037); Chapter 2021-8, Laws of Florida (SB 2006); Governor of Arizona, Executive Order 2021-06 (Mar. 25, 2021) (Ex. AZ-037), Executive Order 2021-16 (July 2, 2021) (Ex. AZ-044) and Executive Order 2021-18 (Aug. 16, 2021) (Ex. AZ-045); Tennessee Public Chapter No. 550 (2021) (Ex. TN-065); Governor of Georgia, Executive Order 04.02.20.01 (quoted in Ex. MET-ATL-010) and Executive Order 08.19.21.03 (Aug. 19, 2021); Dallas County Judge, Order on Required Use of a Face Mask (Aug. 11, 2021) (Ex. MET-DFW-028) and Order Modifying Order (Aug. 16, 2021) (Ex. MET-DFW-031); Bexar County Judge, Executive Order NW-21 (Aug. 10, 2021) (Ex. MET-SAT-067); Harris County Local Health Authority, Order Regarding Public Schools (Aug. 12, 2021) (Ex. MET-HOU-038); In re Abbott, No. 21-0686 (Tex. Aug. 15, 2021) (stay order) (Ex. TX-044). ↩
  45. City of Somerville, Emergency Order Regarding Retail and Personal Care Services (Mar. 20, 2020) (Ex. MET-BOS-050); Fort Bend County Judge, Second Amended and Restated Order (Mar. 20, 2020) (Ex. MET-HOU-073); DeKalb County CEO, Executive Order 20-001 (Mar. 23, 2020) (Ex. MET-ATL-022); Wake County, Proclamation of Emergency Restrictions (Mar. 22, 2020) (Ex. MET-CLT-050); Salt Lake County Health Department, Public Health Order 2020-03 (Mar. 29, 2020) (Ex. MET-SLC-042); Cobb County, Order Supplementing and Extending the Declaration of Emergency (Apr. 2, 2020) (Ex. MET-ATL-032); Summit County, Public Health Order 2020-02 (Mar. 23, 2020) (Ex. MET-SLC-004); City of Brockton, Emergency Order Regarding Personal Care Services (Mar. 22, 2020) (Ex. MET-BOS-171). ↩
  46. Montgomery County Executive Order 070-20 (June 1, 2020) (Ex. MET-DCM-001), Executive Order 122-20 AM (Ex. MET-DCM-011) and Executive Order 19-21 AM (Feb. 14, 2021) (Ex. MET-DCM-014); Baltimore County Executive Orders 2020-005 (May 15, 2020) (Ex. MET-BAL-033), 2020-006 (May 21, 2020) (Ex. MET-BAL-034) and 2020-007 (May 29, 2020) (Ex. MET-BAL-035); Howard County Executive Order 2020-09 (May 26, 2020) (Ex. MET-BAL-084); Marion County Public Health Department, Public Health Order 13-2020 (May 29, 2020) (Ex. MET-IND-013); Philadelphia, Order of June 26, 2020 (pools, Zoo, personal care at fifty percent) (Ex. MET-PHL-027); Mayor of New York City, Emergency Executive Order No. 130, s. 3 (July 7, 2020) (Ex. MET-NYC-025); Chicago, Phase IV Gradually Resume Guidelines (Nov. 20, 2020) (Ex. MET-CHI-053) and Stay-at-Home Advisory as amended Nov. 20, 2020, Sec. 7(d) (Ex. MET-CHI-027); New Orleans Health Department, Phase One Guidelines (May 29, 2020) (Ex. MET-MSY-006), Phase Two Guidelines (June 12, 2020) (Ex. MET-MSY-007) and Modified Phase Three Guidelines (Mar. 10, 2021) (Ex. MET-MSY-022); Public Health Madison & Dane County, Emergency Order #3 (May 22, 2020) (Ex. MET-MKE-006); Denver DDPHE, Order adopting PHO 20-38 with Denver capacity restrictions (Apr. 16, 2021) (Ex. MET-DEN-014); Johnson County Board of Public Health, Order No. 002-20 (Nov. 13, 2020) (Ex. MET-KC-061); Shelby County Health Directive No. 16 (Dec. 21, 2020) (Ex. MET-BNA-071). ↩
  47. Los Angeles County Health Officer, Reopening order of July 18, 2020 (Ex. MET-LA-009); Revised Temporary Targeted Safer at Home Order (Dec. 30, 2020) (Ex. MET-LA-012); Reopening order of Jan. 29, 2021 (Ex. MET-LA-013); Yellow Tier order (May 5, 2021) (Ex. MET-LA-016); Sacramento County Health Officer, Orders of July 14, 2020 (Ex. MET-SAC-007), Aug. 31, 2020 (Ex. MET-SAC-008) and Dec. 9, 2020 (Ex. MET-SAC-012); San Diego County Health Officer, Orders effective Apr. 9, 2020 (Ex. MET-SAN-004), June 19, 2020 (Ex. MET-SAN-009), July 15, 2020 (Ex. MET-SAN-012), Oct. 10, 2020 (Ex. MET-SAN-014) and Dec. 6, 2020 (Ex. MET-SAN-017); Mayor of Honolulu, Emergency Order No. 2020-25 (Aug. 25, 2020) (Ex. MET-HNL-019); Detroit Health Department, Emergency Order for Control of Epidemic, at 2-3, 12 (Oct. 9, 2020) (Ex. MET-DET-001). ↩
  48. Jefferson Parish, Proclamation 10 CLS 2020 (July 1, 2020) (Ex. MET-MSY-054); East Baton Rouge, Executive Order SWB 2020-07-01 (July 1, 2020) (Ex. MET-MSY-073); Mayor of Savannah, Emergency Order of June 30, 2020 (Ex. MET-ATL-011); Harris County Judge, Order Regarding Health and Safety Policy and Face Coverings (June 19, 2020) (Ex. MET-HOU-016), Amended Order (July 1, 2020) (Ex. MET-HOU-020) and Extension (Aug. 26, 2020) (Ex. MET-HOU-023); Mayor of Houston, Fourth Amended Order (June 29, 2020) (Ex. MET-HOU-043); Dallas County Judge, Amended Supplemental Order on Continuing Requirements (June 19, 2020) (Ex. MET-DFW-021) and Supplemental Order on Health and Safety Policies for Businesses and Face Coverings (Aug. 4, 2020) (Ex. MET-DFW-023); Tarrant County Judge, Executive Order of June 25, 2020 (Ex. MET-DFW-048); Maricopa County, Regulations Requiring Face Coverings (June 19, 2020) (Ex. MET-PHX-001) and Amended Regulations (June 26, 2020) (Ex. MET-PHX-023); Mayor of Tucson, Proclamation of June 18, 2020 (Ex. MET-PHX-017); Mayor of Mesa, Fourth Proclamation (June 20, 2020) (Ex. MET-PHX-037); Minneapolis, Emergency Regulation 2020-12 (May 21, 2020) (Ex. MET-MSP-009); Cincinnati, Emergency Ordinance No. 0246-2020 (July 3, 2020) (Ex. MET-CIN-001); Mayor of Columbus, Proclamation of July 2, 2020, § 2(c) (Ex. MET-CMH-015) and Columbus Ordinance 1643-2020, § 3 (July 6, 2020) (Ex. MET-CMH-018). ↩
  49. Los Angeles County Health Officer, Responding Together: universal indoor masking (July 16, 2021; effective 11:59 p.m. July 17, 2021) (Ex. MET-LA-018); Mayor of Los Angeles, Safer L.A. Order (July 17, 2021) (Ex. MET-LA-035); Long Beach Health Officer, Order of July 17, 2021 (Ex. MET-LA-045); Pasadena Health Officer, Order of July 21, 2021 (Ex. MET-LA-053); St. Louis Health Commissioner's Order No. 1 (2021) (July 26, 2021) (Ex. MET-STL-021); St. Louis County DPH, Face Covering Order (July 26, 2021) (Ex. MET-STL-069); Mayor of Atlanta, Executive Order of July 28, 2021 (Ex. MET-ATL-063); Sacramento County Health Officer, Order of July 29, 2021 (Ex. MET-SAC-015); New Orleans Health Department, Reopening Guidelines (July 31, 2021) (Ex. MET-MSY-027); Kansas City, Committee Substitute for Ordinance No. 210694 (Aug. 19, 2021) (Ex. MET-KC-002) (replacing Order 21-01 of July 30, 2021); Jefferson Parish, Proclamation 13 CLS 2021 (Aug. 3, 2021) (Ex. MET-MSY-063); Prince George's County Executive, Executive Order No. 18-2021 (Aug. 5, 2021; effective 5:00 p.m. Aug. 8, 2021), recited in Executive Order No. 22-2021 (Oct. 4, 2021) (Ex. MET-DCM-047); Village of Oak Park, Indoor Mask Requirement (Aug. 5, 2021) (Ex. MET-CHI-049); Montgomery County Board of Health Regulation, Res. 19-975 (Aug. 5, 2021) (Ex. MET-DCM-023) and Notice of Substantial Transmission (Aug. 5, 2021) (Ex. MET-DCM-024); Baltimore City Health Commissioner, Updated Directive and Order for Face Coverings (Aug. 10, 2021) (Ex. MET-BAL-017); Jackson County Health Order (Aug. 6, 2021) (Ex. MET-KC-045); Johnson County Board of Health Order No. 001-21 (Aug. 5, 2021) (Ex. MET-KC-067) (face coverings in school buildings through grade six and on school buses, effective 12:01 a.m. Aug. 9, 2021); Dallas County Judge, Orders of Aug. 11, 12 and 16, 2021 (Ex. MET-DFW-028; Ex. MET-DFW-030; Ex. MET-DFW-031) and FAQ (Ex. MET-DFW-029); Bexar County Judge, Executive Order NW-21 (Ex. MET-SAT-067); Philadelphia, Amendment of Aug. 11, 2021 (Ex. MET-PHL-019) and Board of Health amendment of Aug. 13, 2021 (Ex. MET-PHL-020); City of Raleigh, Emergency Proclamation (Aug. 13, 2021) (Ex. MET-CLT-045); Wake County Board minutes of Aug. 16, 2021 (Ex. MET-CLT-054); Orange County release (Aug. 10, 2021) (Ex. MET-CLT-031); Third Revised and Amended Joint Proclamation (Aug. 18, 2021) (Ex. MET-CLT-023); Mecklenburg County Board of Health Rule Requiring Face Coverings (Aug. 18, 2021; effective Aug. 31, 2021) (Ex. MET-CLT-001; Ex. MET-CLT-025); Public Health Madison & Dane County, Face Covering Emergency Order (Aug. 17, 2021) (Ex. MET-MKE-023); Chicago Department of Public Health, Order 2021-1 (Aug. 20, 2021) (Ex. MET-CHI-026) and Phase 5 Guidance (Aug. 18, 2021) (Ex. MET-CHI-031); City of Somerville, Order and Regulation Revising Face Coverings Mandate (Aug. 19, 2021) (Ex. MET-BOS-063); Cook County Department of Public Health, Mitigation Order 2021-10 (Aug. 20, 2021) (Ex. MET-CHI-041); Boston Public Health Commission, Order Requiring Face Coverings (Aug. 20, 2021) (Ex. MET-BOS-013) and Licensing Board Advisory (Aug. 23, 2021) (Ex. MET-BOS-014); Brookline Department of Public Health, orders of Aug. 27, 2021 (Ex. MET-BOS-150); City of Cambridge, Amended Temporary Emergency Order Requiring Masks in Indoor Public Places (Sept. 15, 2021) (Ex. MET-BOS-036); Boulder County Public Health Order 2021-08 (Sept. 2, 2021) (Ex. MET-DEN-033); King County Local Health Officer, Outdoor and Indoor Masking Orders (Sept. 2, 2021) (Ex. MET-SEA-002); Mayor of Columbus, Executive Order 2021-01 (Sept. 10, 2021) (Ex. MET-CMH-048) and Columbus Ordinance 2388-2021 (Sept. 13, 2021) (Ex. MET-CMH-050); City of Dayton, indoor face-covering ordinance (Sept. 15, 2021) (Ex. OH-094). ↩
  50. Texas Department of Licensing and Regulation, Minimum Standard Health Protocols: Checklist for Cosmetology Salons/Hair Salons, Barber Shops and Nail Salons (rev. May 5, 2020) (Ex. AGY-ST-TRADE-BOARDS-010; Ex. AGY-ST-TRADE-BOARDS-011; Ex. AGY-ST-TRADE-BOARDS-012); Dallas County Judge, Supplemental Order on Reopened Services (May 4, 2020) (Ex. MET-DFW-017) ("Any reference to the word 'recommended' ... shall instead mean 'must comply to the greatest extent possible'"); TDLR, COVID-19 Information Page (Ex. AGY-ST-TRADE-BOARDS-009); TDLR Massage Therapy program page (captured Apr. 27, 2020) (Ex. AGY-ST-HEALTH-BOARDS-051). ↩
  51. Florida DBPR, Information for Barbershops, Cosmetology Salons, and Cosmetology Specialty Salons pursuant to Executive Order 20-120 (May 9, 2020) (Ex. AGY-ST-TRADE-BOARDS-002); Executive Order 20-120, § 2 (Ex. SEC-18-026). ↩
  52. Virginia DPOR, Novel Coronavirus (COVID-19) Information and Resources (Mar. 24 to Apr. 4, 2020) (Ex. AGY-ST-TRADE-BOARDS-021); DPOR, Temporary Waiver of Regulations that Prohibit or Limit Online, Electronic, or Distance Theoretical Instruction (Mar. 13, 2020; amended May 27, 2020) (Ex. AGY-ST-TRADE-BOARDS-024); Board for Barbers and Cosmetology, Resources for Licensees during COVID-19 Outbreak (Mar. 23, 2020) (Ex. AGY-ST-TRADE-BOARDS-025). ↩
  53. IDFPR, Announcement of Measures to Assist Licensees and Education Providers (Mar. 18, 2020) (Ex. AGY-ST-TRADE-BOARDS-053). ↩
  54. California DCA, Waivers DCA-20-25 (Ex. AGY-ST-TRADE-BOARDS-047), DCA-20-54 (Sept. 3, 2020) (Ex. AGY-ST-TRADE-BOARDS-045), DCA-20-70 (Oct. 22, 2020) (Ex. AGY-ST-TRADE-BOARDS-048), DCA-21-135 (Mar. 30, 2021) (Ex. AGY-ST-TRADE-BOARDS-049), DCA-21-153 (June 3, 2021) (Ex. AGY-ST-TRADE-BOARDS-050), DCA-21-176 (July 2021) (Ex. AGY-ST-TRADE-BOARDS-051) and DCA-21-195 (Sept. 28, 2021) (Ex. AGY-ST-TRADE-BOARDS-052); DCA Waivers DCA-20-01 (Mar. 31, 2020) (Ex. AGY-ST-HEALTH-BOARDS-020), DCA-20-02 (Mar. 31, 2020) (Ex. AGY-ST-HEALTH-BOARDS-021), DCA-21-165 (July 1, 2021) (Ex. AGY-ST-HEALTH-BOARDS-039), DCA-21-175 (July 26, 2021) (Ex. AGY-ST-HEALTH-BOARDS-041) and DCA-21-194 (Sept. 28, 2021) (Ex. AGY-ST-HEALTH-BOARDS-043); veterinary telemedicine waivers DCA-20-21 (June 4, 2020) (Ex. AGY-ST-HEALTH-BOARDS-029), DCA-20-99 (Dec. 15, 2020) (Ex. AGY-ST-HEALTH-BOARDS-035), DCA-21-173 (July 1, 2021) (Ex. AGY-ST-HEALTH-BOARDS-040) and DCA-21-193 (Aug. 31, 2021) (Ex. AGY-ST-HEALTH-BOARDS-042). ↩
  55. Pennsylvania Department of State, Regulation Waiver - Barbers and Cosmetologists (Mar. 26, 2020) (Ex. PA-094); Regulation Waiver - Funeral Directors (Mar. 30, 2020) (Ex. PA-095); Act 21 of 2021; Act 73 of 2021. ↩
  56. New Jersey Department of Health, Executive Directive No. 20-015 (June 13, 2020) (Ex. SEC-18-010; Ex. NJ-070); COVID-19 Protocols for Tanning Facilities and Body Art Establishments (July 4, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-038); Executive Directive No. 20-010 (Revised), Disposition of Remains (Aug. 20, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-029); Executive Directive No. 20-009 (Apr. 16, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-028). ↩
  57. Michigan DHHS, Emergency Order, COVID-19 Death Reporting (Apr. 4, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-094) and Emergency Order, Handling of Bodily Remains (May 4, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-095); Governor of Louisiana, Proclamation 38 JBE 2020 (Mar. 31, 2020) (Ex. LA-006); Massachusetts Commissioner of Public Health, Order Regarding Face Coverings to be Worn in Certain Settings (May 28, 2021) (Ex. MA-050) and COVID-19 Public Health Emergency Order No. 2021-3 (July 30, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-116). ↩
  58. Centers for Medicare & Medicaid Services, QSO-20-39-NH REVISED, Nursing Home Visitation - COVID-19 (Apr. 27, 2021) (Ex. FED-156); CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (Ex. FED-092). ↩
  59. The Texas layer is Ex. DUT-TX-001 to Ex. DUT-TX-019 (Health & Safety Code ch. 81; Gov't Code ch. 418; Labor Code § 411.103; Civ. Prac. & Rem. Code § 148.003; Health & Safety Code chs. 341 and 437; Penal Code §§ 12.22, 12.34); the federal layer is 29 U.S.C. § 654(a)(1) (Ex. DUT-FED-001); the other State layers are the DUT-RI-, DUT-CA-, DUT-FL-, DUT-NY-, DUT-NJ-, DUT-PA- and DUT-AZ- exhibits cited in this section. On the rule that the source and addressee of the order are irrelevant and that a legislature, a health department, a labor department and an occupational-safety agency are each an "appropriate governmental authority," see the statute page of this site. ↩
  60. Executive Order GA-28, ¶ 1 (June 26, 2020); Executive Order GA-29 (July 2, 2020) ("Every person in Texas shall wear a face covering over the nose and mouth when inside a commercial entity or other building or space open to the public"; in force July 3, 2020 to March 10, 2021; one of the workplace infection-prevention and exposure-control requirements the Texas orders imposed, beside the occupancy, group-size and distancing commands of GA-28, GA-30 and GA-32); Executive Order GA-32, ¶¶ 1-2 (Oct. 7, 2020) ("shall operate at no more than 75 percent"; "may operate at up to only 50 percent" in high-hospitalization areas); Executive Order GA-21, ¶ 12.a (May 5, 2020) (Ex. SEC-18-025) (reopening cosmetology salons May 8, 2020; the protocol clause, "should use good-faith efforts and available resources to follow the minimum standard health protocols recommended by DSHS," is a recommendation and is recorded as one); Tex. Gov't Code § 418.173 (Ex. DUT-TX-012) (as recited in the orders, a fine to $1,000 and, through May 6, 2020, confinement to 180 days); Dallas County, Supplemental Order on Reopened Services (May 4, 2020) (Ex. MET-DFW-017) (the Minimum Standard Health Protocols made mandatory rules in Dallas County); Executive Order GA-34, ¶ 3 (Mar. 2, 2021) ("is strongly encouraged" from March 10, 2021, after which the compulsion in Texas rests on the standing statutes, the shield's condition and the federal layer). ↩
  61. Executive Order 20-120, § 2 (May 9, 2020) (Ex. FL-024; Ex. SEC-18-026) (reopening barbershops and cosmetology salons May 11, 2020); Florida Department of Business and Professional Regulation, Information for Barbershops, Cosmetology Salons, and Cosmetology Specialty Salons (May 9, 2020) (Ex. AGY-ST-TRADE-BOARDS-002) ("the following restrictions are mandatory ... All customers will be by appointment only ... Masks must be worn by all employees"); Fla. Stat. § 252.36(1)(b) (Ex. DUT-FL-005) (executive orders "shall have the force and effect of law"); § 252.47 (Ex. DUT-FL-007) ("The law enforcement authorities of the state and the political subdivisions thereof shall enforce the orders and rules"); § 252.50 (Ex. DUT-FL-008) (second-degree misdemeanor, up to sixty days and $500), as recited in Executive Order 20-139, § 7. ↩
  62. Executive Order No. 154, ¶ 1 (June 13, 2020) (Ex. NJ-023; Ex. SEC-18-009); Executive Order No. 107, ¶ 9 (Mar. 21, 2020) (Ex. NJ-004; Ex. SEC-18-008); Executive Order No. 192, ¶ 1 (Oct. 28, 2020; effective Nov. 5, 2020) (every worksite "is required to abide by the following requirements, at minimum"); N.J.S.A. App. A:9-45, A:9-49 (Ex. DUT-NJ-006) ("binding upon each and every person within this State"; a disorderly person "subject to imprisonment for a term not to exceed 6 months or shall pay a fine not to exceed $1,000.00 or to both"). ↩
  63. Executive Order No. 202.31 (May 14, 2020); Executive Order No. 202.14 (Apr. 7, 2020) (violations punishable under Public Health Law § 12-b(2)); Executive Order No. 202.6 (Mar. 18, 2020) ("Each employer shall reduce the in-person workforce at any work locations by 50%"); N.Y. Pub. Health Law § 12(1)(a) (Ex. DUT-NY-001) (civil penalty "not to exceed two thousand dollars for every such violation"); § 12-b(2) (Ex. DUT-NY-002) ("imprisonment not exceeding one year, or by a fine not exceeding ten thousand dollars or by both"); 10 NYCRR Subpart 66-3 (Ex. NY-134) ("Businesses must provide, at their expense, such face coverings for their employees," from June 2021); N.Y. Dep't of Health, Interim Guidance for Office-Based Work ("Responsible Parties must affirm that they have reviewed and understand the state-issued industry guidelines, and that they will implement them"; the "should consider" sentences are recommendations and are recorded as such). ↩
  64. 216-RICR-50-15-7, § 7.4(A), Safe Activities By Covered Entities During the COVID-19 Emergency (Ex. RI-069) (in force May 8, 2020 to Aug. 31, 2021; a written COVID-19 Control Plan, screening of every entrant, face coverings, posting, cleaning and records; the CDC cleaning method in § 7.4(A)(6) reads "should" and is a recommendation); Executive Order 20-09, ¶¶ 3-5 (Mar. 22, 2020) (Ex. RI-006) (every open business "must, to the extent practicable, implement CDC guidance to ensure social distancing"; "All business service personnel that can work from home are required to do so"); Executive Order 21-68, ¶ 6 (June 18, 2021) (Ex. RI-043) (to July 6, 2021 every business "must comply with applicable executive orders and RIDOH's regulations, including, but not limited to, requirements for screening individuals, wearing masks or cloth face coverings, posting appropriate signs and notices and other health and safety protocols"); R.I. Gen. Laws § 30-15-7(1) (Ex. DUT-RI-009) (executive orders "have the force and effect of law"); § 30-15-21 (Ex. DUT-RI-010) ("a fine not exceeding five hundred dollars ($500), or imprisonment not exceeding ninety (90) days, or both"); § 23-1-25 (Ex. DUT-RI-014) (violation of any rule of the Director, $100 or thirty days; of a compliance order, $300 or ninety days; each day a separate offense); § 23-1-21 (Ex. DUT-RI-004) (immediate compliance order "without prior notice of violation or hearing"). ↩
  65. State Public Health Officer, Order of May 7, 2020, ¶¶ 2-3 (sectors "may reopen with certain modifications"; Californians engaging with reopened businesses "must, when they do so, continue at all times to practice physical distancing"); Cal. Dep't of Pub. Health & Cal/OSHA, COVID-19 Industry Guidance: Retail (July 29, 2020) (Ex. DUT-CA-014) ("People in California must wear face coverings when they are engaged in work"; "Employers must provide face coverings to workers or reimburse workers for the reasonable cost of obtaining them"; the accommodation clause reads "should" and is a recommendation); Cal. Code Regs. tit. 8, §§ 3205-3205.4 (Nov. 30, 2020; readopted June 17, 2021) (Ex. SEC-10-039; Ex. SEC-09-048) (occupational-health and airborne-transmission controls: screening, exclusion, distancing, face coverings, ventilation and a written prevention program); State Public Health Officer, Order of June 11, 2021, ¶ 4 (Ex. CA-036) (industry guidance "will not be mandatory" from June 15, 2021; the standard did not lapse); Cal. Gov't Code § 8567(a) (Ex. DUT-CA-005) (orders "shall have the force and effect of law"); § 8665 (Ex. DUT-CA-007). ↩
  66. Order of the Governor for Limited Opening of Businesses (May 7, 2020), § 1 (Ex. PA-010); Order of the Governor for the Continued Reopening of the Commonwealth (May 27, 2020), § 1(B) (Ex. PA-011) (appointment-only personal care; the clause "Teleworking remains strongly encouraged" is a recommendation and is recorded as one); Secretary of Health, Worker Safety Order (Apr. 15, 2020), ¶¶ A-B (every business with in-person operations "shall implement, as applicable, the following social distancing, mitigation, and cleaning protocols"); Secretary of Health, Updated Order Requiring Universal Face Coverings, § 4(A) (Ex. PA-020) ("A business or a school entity must: 1. Require that all people, including their employees, customers ... wear a face covering and take reasonable steps to enforce the requirement"; one of the workplace infection-prevention and exposure-control requirements the Pennsylvania orders imposed, beside CDC-standard cleaning, exposure exclusions, distancing and occupancy limits); 35 Pa.C.S. § 7301(b) (Ex. DUT-PA-003) (orders "shall have the force and effect of law"); 71 P.S. § 1409 (Ex. DUT-PA-007); 35 P.S. § 521.20(a) (Ex. DUT-PA-001); Pa. State Police, Business Closure Order Enforcement Guidance (Mar. 2020) (Ex. DUT-PA-010) (a letter to the law-enforcement community: "pursuant to 71 P.S. § 1409, any person that fails to abide by the Orders ... is in violation of 71 P.S. § 1409, and subject to the criminal penalties stated therein"). ↩
  67. Executive Order 2020-34 (May 4, 2020) (Ex. AZ-017); Executive Order 2020-36, ¶ 5 (May 12, 2020) (Ex. AZ-019) (every business that "serves the public or is an employer shall develop, establish and implement policies based on guidance from the CDC, Department of Labor, Occupational Safety and Health Administration (OSHA) and ADHS"); Executive Order 2020-40, ¶ 3 (June 17, 2020) (Ex. AZ-020) ("This provision shall be enforced by law enforcement and regulatory agencies that have jurisdiction over the business"); Office of the Governor, Requirements for Businesses (June 17, 2020) (Ex. DUT-AZ-013) ("shall develop, establish, implement and enforce policies"; "under all circumstances, the following precautions are required for businesses operating in Arizona"); Executive Order 2021-06, ¶ 2 (Mar. 25, 2021) (Ex. AZ-037) (businesses "are encouraged to continue to take actions recommended by the CDC," a recommendation, recorded as one); A.R.S. § 26-317 (Ex. DUT-AZ-007) (class 1 misdemeanor); § 36-630 (Ex. DUT-AZ-004) (class 3 misdemeanor for violating a measure adopted by a board of health). ↩
  68. Tex. Health & Safety Code § 81.002 (Ex. DUT-TX-001); §§ 81.081, 81.082 (Ex. DUT-TX-002); § 81.087 (Ex. DUT-TX-006) (Class B misdemeanor; Tex. Penal Code § 12.22, Ex. DUT-TX-019: a fine to $2,000, confinement to 180 days, or both); § 81.085(h) (Ex. DUT-TX-005) (third-degree felony); Tex. Labor Code § 411.103 (Ex. DUT-TX-013). The Commissioner of State Health Services invoked § 81.002 in the public health disaster declaration of March 19, 2020; the Department's release states that the declaration "cites the requirement under Section 81.002 of the Texas Health and Safety Code that 'each person shall act responsibly to prevent and control communicable disease'" and that "People, businesses and communities should immediately undertake hygiene, cleanliness and sanitation practices," the practices stated as a recommendation and the duty they serve as a command (Ex. DUT-TX-008). ↩
  69. Cal. Gov't Code § 8665 (Ex. DUT-CA-007) (misdemeanor; a fine to $1,000, imprisonment to six months, or both); Cal. Health & Safety Code §§ 120275, 120295 (Ex. DUT-CA-003) ("a separate offense for each day"); Fla. Stat. § 252.50 (Ex. DUT-FL-008) (second-degree misdemeanor); § 252.47 (Ex. DUT-FL-007); § 381.00315 (Ex. DUT-FL-001) (second-degree misdemeanor for violating "any isolation or quarantine, or any requirement adopted by the department pursuant to a declared public health emergency"); N.Y. Pub. Health Law § 12(1)(a) (Ex. DUT-NY-001) (a civil penalty "for every such violation"); § 12-b(1)-(2) (Ex. DUT-NY-002) (misdemeanor; for wilful violation, up to one year or $10,000); N.J.S.A. App. A:9-49 (Ex. DUT-NJ-006) (disorderly person); N.J.S.A. 26:1A-9 (Ex. DUT-NJ-004) (the State Sanitary Code "shall have the force and effect of law"); R.I. Gen. Laws § 30-15-21 (Ex. DUT-RI-010) (a fine to $500 or ninety days); § 23-1-21 (Ex. DUT-RI-004) (immediate compliance order "without prior notice of violation or hearing"); § 23-1-25 (Ex. DUT-RI-014); 71 P.S. § 1409 (Ex. DUT-PA-007); 35 P.S. § 521.20(a) (Ex. DUT-PA-001); Ex. DUT-PA-010 (the two sections named to every police department in March 2020); A.R.S. § 26-317 (Ex. DUT-AZ-007) (class 1 misdemeanor); Miller v. City of Scottsdale, No. 22-16004, slip op. at 5-7 (9th Cir. Dec. 8, 2023) (Ex. DUT-AZ-019) (probable cause to arrest a restaurant owner under § 26-317 on April 11, 2020 for on-site dining; an adjudication, cited as such). ↩
  70. R.I. Gen. Laws § 28-20-8(a)-(b) (Ex. DUT-RI-012) ("Each employer shall furnish to each of his or her employees a place of employment that is free from recognized safety and health hazards"); § 28-20-18 (Ex. DUT-RI-013) (civil penalties to $10,000 for each willful or repeated violation); Cal. Lab. Code §§ 6400(a), 6401, 6402 (Ex. DUT-CA-009); § 6423 (Ex. DUT-CA-010) (misdemeanor for a knowing or negligent serious violation); Cal. Code Regs. tit. 8, § 3203 (Ex. DUT-CA-011) (written Injury and Illness Prevention Program); N.J.S.A. 34:6A-3 (Ex. DUT-NJ-009); N.Y. Lab. Law § 200(1) (Ex. DUT-NY-013) ("reasonable and adequate protection to the lives, health and safety of all persons employed therein or lawfully frequenting such places"); 43 P.S. § 25-2(a), General Safety Law (Ex. DUT-PA-006) ("reasonable and adequate protection for the life, limb, health, safety, and morals of all persons employed therein"); A.R.S. § 23-403 (Ex. DUT-AZ-008); § 23-418 (Ex. DUT-AZ-009) (civil penalties at the federal maxima; a class 6 felony for a knowing violation causing an employee's death); 29 U.S.C. § 654(a)(1) as it bound every private employer in Florida (Ex. DUT-FL-015). ↩
  71. Cal. Code Regs. tit. 8, §§ 3205-3205.4 (Ex. SEC-10-039; Ex. SEC-09-048); N.Y. Lab. Law § 218-b(4)(a), (10)(a) (Ex. DUT-NY-014) ("each employer shall establish an airborne infectious disease exposure prevention plan"; a civil penalty of "not less than fifty dollars per day for failure to adopt" a plan and "not less than one thousand dollars nor more than ten thousand dollars for failure to abide by an adopted" plan; plans due August 5, 2021 and activated September 6, 2021); Executive Order No. 192, ¶ 1 (Oct. 28, 2020; effective Nov. 5, 2020) (every employer whose workforce is "physically present at a worksite to perform work is required to abide by the following requirements, at minimum"; binding on every person under N.J.S.A. App. A:9-45, Ex. DUT-NJ-006); N.J.A.C. 12:70-1.1 (effective Aug. 10, 2020) (Ex. DUT-NJ-014) (the Department of Labor's rule under P.L. 2020, c. 9 barring an employer from terminating or penalizing an employee who takes leave on a licensed medical professional's recommendation because of an infectious disease; an anti-retaliation rule, cited as such and not as the source of the pandemic workplace duty); 216-RICR-50-15-7 (Ex. RI-069); Secretary of Health, Worker Safety Order (Apr. 15, 2020). ↩
  72. 29 U.S.C. § 654(a)(1)-(2) (Ex. DUT-FED-001); OSHA, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990, Mar. 2020) (the guidance "is not a standard or regulation, and it creates no new legal obligations," and the general duty clause "requires employers to provide their employees with a workplace free from recognized hazards"; the guidance itself is a recommendation and is recorded as one); OSHA, citation of Smithfield Packaged Meats Corp. (Sept. 10, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-031; Ex. LAW-487); OSHA, National News Release (Jan. 8, 2021) (Ex. DUT-FED-067) ("citations arising from 300 inspections for violations relating to coronavirus, resulting in proposed penalties totaling $3,930,381" through December 31, 2020); Sec'y of Labor v. Murrell-Rosario, OSHRC Docket No. 21-0432 (ALJ June 6, 2022) (Ex. DUT-FED-073) (willful violation of section 5(a)(1) affirmed against a storefront tax-preparation office on a citation of April 8, 2021; penalty of $95,500 assessed). ↩
  73. Tex. Health & Safety Code § 341.011(3), (12) (Ex. DUT-TX-016) ("an object, place, or condition that is a possible and probable medium of disease transmission to or between humans" is a public health nuisance); § 341.091 (Ex. DUT-TX-017) (misdemeanor; "Each day of a continuing violation is a separate offense"); A.R.S. § 36-601(A) (Ex. DUT-AZ-011); § 36-602(A) (Ex. DUT-AZ-012) (the owner or occupant ordered to remove a "cause of sickness" within twenty-four hours at the owner's or occupant's expense); N.Y. Pub. Health Law § 229 (Ex. DUT-NY-006) (the Sanitary Code has "the force and effect of law"); N.J.S.A. 26:1A-10 (Ex. DUT-NJ-005) ($50 to $1,000 per violation of the State Sanitary Code). ↩
  74. Tex. Civ. Prac. & Rem. Code § 148.003(a)(1)(B) (Ex. DUT-TX-015); Act of June 14, 2021, 87th Leg., R.S., ch. 528 (S.B. 6), § 5(a) (Ex. DUT-TX-014) (the chapter applies "only to an action commenced on or after March 13, 2020"). ↩
  75. Fla. Stat. § 768.38 (ch. 2021-1, § 1, Laws of Fla., Mar. 29, 2021) (Ex. DUT-FL-012) (§ 4: "This act applies retroactively and prospectively"). ↩
  76. Laws 2021, ch. 179 (S.B. 1377), §§ 1-2; A.R.S. §§ 12-515, 12-516 (Ex. DUT-AZ-010) ("This act applies retroactively to from and after March 10, 2020"). ↩
  77. N.Y. Pub. Health Law § 3082(1)(a), as amended by L. 2020, ch. 134 (Ex. DUT-NY-016) (immunity for a health care facility or professional only where it "is providing health care services in accordance with applicable law, or where appropriate pursuant to a COVID-19 emergency rule"), repealed by L. 2021, ch. 96 (Apr. 6, 2021) (Ex. DUT-NY-018); P.L. 2020, c. 18, § 1 (N.J.) (Ex. DUT-NJ-007) (health care professionals, facilities and systems only, for acts "in support of the State's response"); R.I. Gen. Laws § 30-15-15(a) (Ex. DUT-RI-011) (a "disaster response worker complying with, or reasonably attempting to comply with this chapter, or any order, rule, or regulation promulgated pursuant to the provisions of this chapter"). No general business shield was enacted in New York or New Jersey; for Rhode Island, the Library locates none, and its standing shield, § 30-15-15(a), reaches disaster response workers only. ↩
  78. Cal. Evid. Code § 669(a) (Ex. DUT-CA-013); Governor's Veto No. 19, H.B. 1737 (Pa. Nov. 30, 2020) (Ex. DUT-PA-011) (a veto message, recorded as such and cited for the executive's statement of the standard of care, not as a source of any duty); the only executive immunity Pennsylvania businesses received ran "only as related to enforcement of the Secretary of Health's Updated Order Requiring Universal Face Coverings" and "shall not apply to liability of employers with respect to their employees," Ex. PA-023, § 14. ↩
  79. Ex. LAW-201; Governor of Texas, Executive Order GA-14 (Ex. SEC-18-033); Notice 2021-20, 2021-11 I.R.B. 922, Q&A-10, at 928. See the ecosystem section. ↩
  80. Mayor of New York City, Emergency Executive Order No. 100 (Mar. 16, 2020) (Ex. MET-NYC-003); Governor of Illinois, Executive Order 2020-07 (Mar. 16, 2020) (Ex. IL-004); Governor of Texas, Executive Order GA-08 (Mar. 19, 2020) (Ex. TX-003); Los Angeles County Health Officer, Reopening order of July 1, 2020 (Ex. MET-LA-007) and Revised Temporary Targeted Safer at Home Order (Dec. 30, 2020) (Ex. MET-LA-012); Governor of New York, Executive Order No. 202.81 (Dec. 11, 2020) (Ex. NY-039); Governor of Minnesota, Emergency Executive Order 20-99 (Ex. MN-032); Michigan DHHS, Gatherings and Face Mask Order (Dec. 7, 2020) (Ex. MI-061); Governor of Washington, Proclamation 20-25.8 (Ex. WA-047); Order of the Secretary of the Pennsylvania Department of Health Directing Limited-Time Targeted Mitigation (Dec. 10, 2020) (Ex. PA-028); Ex. FED-080; Ex. FED-156. ↩
  81. Ex. FED-156; Ex. FED-080; CDPH, State Public Health Officer Order of July 26, 2021 (Ex. CA-031) and Order of Aug. 5, 2021 (Ex. CA-030); AFL 21-34 (Sept. 9, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-092); 10 NYCRR 2.61 (Aug. 26, 2021) (Ex. NY-071; Ex. ECO-B-055); Governor of New Jersey, Executive Order No. 252 (Aug. 6, 2021) (Ex. NJ-056; Ex. ECO-B-030); OAR 333-019-1010 (Aug. 5 and Aug. 25, 2021) (Ex. OR-046; Ex. OR-051); Governor of Washington, Proclamation 21-14 (Aug. 9, 2021) (Ex. WA-077; Ex. ECO-B-052); Massachusetts COVID-19 Public Health Emergency Order No. 2021-4 (Aug. 4, 2021) (Ex. MA-067) and 105 CMR 159.000 (Sept. 8, 2021) (Ex. MA-069); Governor of Connecticut, Executive Order No. 13F (Sept. 3, 2021) (Ex. CT-055); MDH Amended Directive and Order Regarding Vaccination Matters (Aug. 18, 2021) and (Sept. 8, 2021) (Ex. MD-060); Los Angeles County Health Officer, Health Care Worker Vaccination Requirement (Aug. 12, 2021) (Ex. MET-LA-023); Philadelphia Board of Health, Emergency Regulation Mandating Vaccines for Healthcare Workers and in Higher Education (Aug. 12, 2021) (Ex. MET-PHL-021); Denver DDPHE, Public Health Order requiring vaccination of personnel of listed entities (Aug. 2, 2021) (Ex. MET-DEN-023); Maine, 10-144 C.M.R. ch. 264 (Aug. 12, 2021); Rhode Island, 216-RICR-20-15-8 (Aug. 17, 2021) (Ex. RI-072); Colorado Board of Health, emergency rule 6 CCR 1011-1, ch. 2, pt. 12 (Aug. 30, 2021) (Ex. CO-055). ↩
  82. Governor of New Jersey, Executive Order No. 251 (Aug. 6, 2021) (Ex. NJ-055; Ex. ECO-B-029) and Executive Order No. 253 (Aug. 23, 2021) (Ex. NJ-057); Governor of Illinois, Executive Order 2021-20 (Aug. 26, 2021) (Ex. SEC-18-042); Governor of Washington, Proclamation 20-09.4 (July 30, 2021) (Ex. WA-075) and Proclamation 21-14.1 (Aug. 20, 2021) (Ex. WA-079; Ex. ECO-B-053); CDPH, K-12 Schools Guidance (July 12, 2021) (Ex. CA-034); Louisiana Department of Education, School COVID-19 Screening Decision Tree (Aug. 3, 2021) (Ex. LA-054); Governor of Kentucky, Executive Order 2021-585 (Aug. 10, 2021) (Ex. KY-052), 702 KAR 1:195E (Ex. KY-053) and 902 KAR 2:213E (Ex. KY-054); OAR 333-019-1015 (Aug. 2, 2021) (Ex. OR-045); Governor of Rhode Island, Executive Order 21-87 (Aug. 19, 2021) (Ex. RI-055; Ex. ECO-B-066); Governor of Connecticut, Executive Order No. 13A (Aug. 5, 2021) (Ex. CT-050; Ex. ECO-B-036) and DPH Order of Aug. 7, 2021 (Ex. CT-052); Massachusetts DESE mask requirement (Aug. 25, 2021) (Ex. MA-071); Order of the Acting Secretary of the Pennsylvania Department of Health Directing Face Coverings in School Entities (Aug. 31, 2021) (Ex. PA-042; Ex. ECO-B-087); Delaware DHSS Emergency Secretary's Order (Aug. 13, 2021) (Ex. DE-044) and DDOE Emergency Order (Aug. 13, 2021) (Ex. DE-045); Oakland County Health Division, Emergency Order 2021-01 (Aug. 24, 2021) (Ex. MET-DET-013); Wayne County Local Health Department, Emergency Order for Control of Pandemic (Aug. 27, 2021) (Ex. MET-DET-015); Harris County Local Health Authority, Order Regarding Public Schools (Aug. 12, 2021) (Ex. MET-HOU-038); Denver DDPHE, Order of Aug. 17, 2021 (Ex. MET-DEN-024); Boulder County Public Health Order 2021-07 (Aug. 9, 2021) (Ex. MET-DEN-032); Tri-County Health Department orders of Aug. 18 and Sept. 1, 2021 (Ex. MET-DEN-081; Ex. MET-DEN-082); Jefferson County Public Health, First Amended PHO 21-002 (Aug. 28, 2021) (Ex. MET-DEN-102); Governor of Rhode Island, Executive Order 21-26 (Mar. 19, 2021) (Ex. RI-036), 21-93 (Sept. 1, 2021) (Ex. RI-059), 21-94 (Sept. 2, 2021) (Ex. RI-060) and 21-100 (Sept. 30, 2021) (Ex. RI-066); San Diego County Health Officer, Isolation Order (Dec. 24, 2020) (Ex. MET-SAN-023) and Quarantine Order (rev. July 22, 2021) (Ex. MET-SAN-024); Los Angeles County Health Officer, Quarantine and Isolation Orders (Aug. 26, 2021) (Ex. MET-LA-021; Ex. MET-LA-022); Arkansas Department of Health, fourteen-day quarantine requirement (May 22, 2020) (Ex. AR-073); Indiana, COVID-19 Control Measures under 410 IAC 1 (July 19, 2021); KDHE travel and exposure quarantine mandate (Sept. 23, 2021). ↩
  83. Ex. FED-020; Ex. FED-050; Ex. FED-051; Ex. FED-052; Metro Transit rules (July 30, 2020) (Ex. MET-MSP-061); King County Metro, masks required on transit (May 11, 2020) (Ex. MET-SEA-022); Bi-State Development, face coverings required May 11, 2020 (Ex. MET-STL-041) and masks still required (May 18, 2021) (Ex. MET-STL-043); LA Metro face-covering requirement (May 7, 2020) (Ex. MET-LA-070); BART face masks (Apr. 21, 2020) (Ex. MET-SFO-070); MTA release (Sept. 22, 2021) (Ex. MET-NYC-046). ↩
  84. Supreme Court of Texas, Fortieth Emergency Order Regarding the COVID-19 State of Disaster (July 19, 2021) (Ex. TX-040; Ex. ECO-C-070) and Thirty-Eighth Emergency Order (May 26, 2021) (Ex. ECO-C-069); Supreme Court of Virginia, Twenty-Sixth Order Extending Declaration of Judicial Emergency (Aug. 4, 2021) (Ex. VA-041) and Twenty-Eighth Order (Sept. 20, 2021) (Ex. VA-042); Maryland Court of Appeals, Third Amended Administrative Order Expanding Statewide Judiciary Operations (Aug. 6, 2021) (Ex. MD-090) and Ninth Administrative Order Clarifying COVID-19 Health Measures in Courthouses (Aug. 6, 2021); Kentucky Supreme Court, Administrative Orders 2021-27 and 2021-28 (Amended) (Aug. 9, 2021) (Ex. KY-058; Ex. KY-059); Hawaii Supreme Court, Order Postponing Jury Trials (Aug. 16, 2021) (Ex. HI-068) and First Extension (Sept. 29, 2021) (Ex. HI-069); Utah Judicial Council, Administrative Order (July 28, 2021) (Ex. UT-051), Order Suspending In-Person Oral Arguments (Aug. 12, 2021) (Ex. UT-052) and Administrative Order for Court Operations During Pandemic (Sept. 17, 2021) (Ex. UT-053); South Dakota, Standing Order Regarding COVID-19 Courthouse Safety Measures (July 1, 2021) (Ex. SD-088); Idaho Supreme Court, Administrative Order No. 21-08-06-01 (Aug. 6, 2021) (Ex. ID-084); Rhode Island Supreme Court, Executive Orders 2021-04 (July 20, 2021) (Ex. RI-084) and 2021-06 (Aug. 13, 2021) (Ex. RI-085); Tennessee Supreme Court, Orders of May 14 and Aug. 26, 2021 (Ex. TN-050; Ex. TN-051); Vermont Supreme Court, Amendments to Administrative Order No. 49 (June 25 and Sept. 1, 2021) (Ex. VT-057; Ex. VT-061) and Administrative Directive PG-13 (July 6 and Sept. 1, 2021) (Ex. VT-059; Ex. VT-060); Iowa Supreme Court, Order of Aug. 27, 2021 (Ex. IA-056); Wisconsin Supreme Court, Order of May 21, 2021 (Ex. WI-029); Minnesota Supreme Court, Order No. ADM20-8001 (June 28, 2021) (Ex. MN-053); D.C. Superior Court, Order of Sept. 1, 2021 (amended Sept. 11, 2021) (Ex. DC-060); Washington Supreme Court, Amended Order No. 25700-B-607 (Mar. 18, 2020) (Ex. WA-090); Maine Supreme Judicial Court, PPMO-SJC-1 (June 1, 2021, as revised) (Ex. ME-074); Alabama Supreme Court, Administrative Order No. 13 (Aug. 20, 2021) (Ex. AL-064); South Carolina Supreme Court, Orders of June 15, July 30 and Aug. 27, 2021 (Ex. SC-054; Ex. SC-055; Ex. SC-056). ↩
  85. CARES Act §§ 4022-4024 (Ex. FED-340); Ex. FED-025; Ex. FED-026; Ex. FED-354; Ex. FED-355; Ex. FED-344; Governor of New Jersey, Executive Order No. 106 (Mar. 19, 2020) (Ex. NJ-003), Executive Order No. 249 (Aug. 4, 2021) (Ex. NJ-054) and P.L. 2021, c. 188 (Aug. 4, 2021) (Ex. NJ-089); Chapter 104 of the Laws of New York of 2021 (May 4, 2021) (Ex. NY-085) and Chapter 417 (Sept. 2, 2021) (Ex. NY-086); Laws of Minnesota 2021, 1st Spec. Sess., ch. 8, art. 5 (June 29, 2021) (Ex. MN-042); Seattle Civil Emergency Orders (Mar. 14 and 17, 2020) (Ex. MET-SEA-006; Ex. MET-SEA-007) and Executive Orders 2021-06 and 2021-07 (Ex. MET-SEA-017; Ex. MET-SEA-019); Los Angeles County, Revised Guidelines to the COVID-19 Tenant Protections Resolution (July 1, 2021) (Ex. MET-LA-026) (the Resolution as further amended Jan. 24, 2023 is Ex. MET-LA-025); Boston Public Health Commission, Temporary Order Establishing an Eviction Moratorium (Aug. 31, 2021) (Ex. MET-BOS-040); City of Somerville, Emergency Orders of June 17 and Sept. 9, 2021 (Ex. MET-BOS-064; Ex. MET-BOS-066). ↩
  86. See the ecosystem section; Ex. FED-070; Ex. FED-071; Ex. FED-072; Ex. FED-074; Ex. FED-075; Ex. FED-077; Ex. FED-078; Ex. ECO-A-070; Ex. ECO-A-071; Ex. FED-232; Ex. FED-233; Ex. FED-234; Ex. FED-235; Ex. FED-255; Ex. FED-256; Ex. FED-257; Ex. FED-258; Ex. FED-207; Ex. FED-208; Chicago Department of Public Health, Emergency Travel Order (July 2, 2020) (Ex. MET-CHI-019) and re-issued order (Nov. 13, 2020) (Ex. MET-CHI-020); San Francisco Health Officer, Order No. C19-17 (Dec. 16, 2020) (Ex. MET-SFO-007); Mayor of Kauai, Emergency Rule No. 23 (Nov. 27, 2020) (Ex. MET-HNL-078) and Rule No. 25 (Mar. 5, 2021) (Ex. MET-HNL-080); Order of the Secretary of the Pennsylvania Department of Health for Mitigation Relating to Travel (Nov. 17, 2020) (Ex. PA-021); Governor of Maryland, Order No. 20-12-17-01 (Dec. 17, 2020) (Ex. MD-023). ↩
  87. Ex. ECO-A-104; Ex. ECO-A-106; Ex. ECO-A-107. ↩
  88. Governor of Puerto Rico, Administrative Bulletin No. OE-2020-023 (Mar. 15, 2020) (Ex. AGY-TERRITORIES-002); OE-2021-054 (July 1, 2021) (Ex. AGY-TERRITORIES-031); OE-2021-058 (July 28, 2021) (Ex. AGY-TERRITORIES-032); OE-2021-062 (Aug. 5, 2021) (Ex. AGY-TERRITORIES-033); OE-2021-063 (Aug. 11, 2021) (Ex. AGY-TERRITORIES-034); OE-2021-064 (Aug. 19, 2021) (Ex. AGY-TERRITORIES-035); OE-2021-065 (Aug. 30, 2021) (Ex. AGY-TERRITORIES-036); OE-2021-070 (Sept. 20, 2021) (Ex. AGY-TERRITORIES-037); Governor of Guam, Executive Order No. 2020-05 (Mar. 20, 2020) (Ex. AGY-TERRITORIES-081), Executive Order No. 2021-17 (Aug. 6, 2021) (Ex. AGY-TERRITORIES-109), Executive Order No. 2021-19 (Aug. 20, 2021) (Ex. AGY-TERRITORIES-110) and Executive Order No. 2021-20 (Aug. 24, 2021) (Ex. AGY-TERRITORIES-111); Governor of the Virgin Islands, Supplemental Executive Order and Proclamation of Mar. 23, 2020 (Ex. AGY-TERRITORIES-041), Thirteenth Supplemental Order (Aug. 13, 2020) (Ex. AGY-TERRITORIES-052), Twenty-First Supplemental Order (Jan. 27, 2021) (Ex. AGY-TERRITORIES-059), Twenty-Seventh Supplemental Order (Aug. 6, 2021) (Ex. AGY-TERRITORIES-065), Twenty-Eighth Supplemental Order (Sept. 13, 2021) (Ex. AGY-TERRITORIES-066) and Thirty-First Supplemental Order (Oct. 28, 2021) (Ex. AGY-TERRITORIES-069) (post-period marker); Governor of the Northern Mariana Islands, Second Amended Executive Order No. 2020-04 (Mar. 19, 2020) (Ex. AGY-TERRITORIES-131), CNMI COVID-19 Emergency Directives of 2020 (Ex. AGY-TERRITORIES-140) and Memorandum of Aug. 21, 2020 (Ex. AGY-TERRITORIES-148); Notice 2021-20, Q&A-4, at 926 (Ex. AGY-TERRITORIES-105); 26 U.S.C. § 3121(e)(2) (Ex. AGY-TERRITORIES-106). ↩
  89. Ex. FED-207; Ex. FED-208; Ex. FED-232; Ex. FED-255. Foreign instruments are stated as facts and circumstances only. ↩