The COVID Project
The record
- Jurisdiction
- Alabama
- Level
- State
- Authority
- Code of Alabama 1975, § 22-3-5
- Effective
- standing
- End
- standing (read as 2021-09-30)
- In force
- Standing (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureGathering capStanding duty
- Addressees
- county health officers as duty-bearers; owners or persons in control of premises and places where the public gathers, whose conditions the officer must compel to be abated
- Character
- statutory duty
- Collection
- Standing duties: Alabama DUT-AL
Operative words
should he discover any cause of disease or the existence of any condition detrimental to the health of the people, he shall, so far as authorized by law, compel the removal or abatement of the same... [as to a notifiable disease] in imminent danger of spreading, he shall, in accordance with the law, institute immediate measures to prevent the spread of such disease
Penalty
abatement compelled 'so far as authorized by law'; § 22-2-14 for violation of Board rules; permit suspension under § 22-20-5 (Ex. DUT-AL-006)
What it required
Each county health officer must compel the removal or abatement of any condition detrimental to health, must institute immediate measures against a notifiable disease in imminent danger of spreading, and must visit 'all places where the public gathers' and report insanitary conditions for remedy (§ 22-3-5(1)-(3)); the Jefferson and Mobile County orders of March 2020 (Exs. AL-074, AL-077, AL-091, AL-092) were exercises of this duty.
Retrieval noteThe statewide order of March 19, 2020 (Ex. AL-005) recites that it 'supersedes all orders previously issued by the State Health Officer and Jefferson and Mobile County Health Officers'; those county orders rested on this section and on § 22-3-2. The duty is owed by the officer; its object is every business premises open to the public in the county.