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Ex. DE-002 Order Confirmed from a secondary source

First Modification of the Declaration of a State of Emergency

First Modification of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat (restaurants, taverns and bars limited to take-out and delivery; gatherings of 50 or more banned; casino gaming closed; DEMA and DPH powers)

Governor John C. Carney · Delaware (State)

The COVID Project

The record

Jurisdiction
Delaware
Level
State
Authority
20 Del. C. ch. 31
Issued
2020-03-16 Mar. 16, 2020
Effective
2020-03-16 8:00 p.m. E.D.T. (issued 2:00 p.m.) (read as 2020-03-16)
End
Restaurant limits carried into the Second Modification and the Phase 1 reopening (dine-in at 30 percent June 1, 2020); gathering ban superseded Apr. 2, 2020 (DE-012); all prior Modifications struck Sept. 4, 2020 (DE-031) (read as 2020-06-01)
In force
Mar. 16, 2020 to June 1, 2020
Quarters
2020 Q2
Limitation types
Emergency declarationBusiness closureGathering capAlcohol and barsEvents and venues
Addressees
  • restaurants, taverns and bars
  • organizers of gatherings
  • casinos
  • DEMA
  • DPH
  • Secretary of Labor
Functions reached
  • DR dining room closed
  • BA bar service closed
  • GATH/MK events over 50 banned
  • AM casinos closed
  • CB customer base
Collection
Delaware DE

Operative words

Governor's release of Mar. 16, 2020 (Ex. DE-070): the modification 'which takes effect at 8:00 p.m. tonight, March 16 -- also bans public gatherings of 50 or more people,... and closes gaming activity at Delaware casinos' and limits 'restaurants, taverns and bars to take-out and delivery service only.' Recital in the Fifth Modification: the First Modification advised 'that the CDC issued new guidance for large events and mass gatherings, including conferences, social events, concerts and other types of assemblies' (Ex. DE-006 at 1). DEMA/DPH Joint Order recital: the First Modification authorized DEMA and DPH to take 'such other measures as they deem necessary to protect the health and safety of the public' (Ex. DE-008 at 1).

Enforcement

20 Del. C. §§ 3115(b), 3116(9), 3122, 3125

Notes

The first Delaware business-closure instrument; the Governor's release (DE-070) fixes the 8:00 p.m. Mar. 16 effective time. The Second Modification (DE-003) restated the food-service limit and added take-out alcohol.

Retrieval note

Scanned image; contents verified from the Governor's own release (DE-070, saved) and from recitals in DE-005, DE-006, DE-008 and DE-031.