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Ex. DUT-AL-017 Standing duty Primary source read

Guidance for Law Enforcement: Enforcement of 'Stay at Home' Order (April 5, 2020)

Guidance for Law Enforcement -- Subject: Enforcement of 'Stay at Home' Order

Attorney General Steve Marshall, Office of the Attorney General of Alabama · Alabama (State)

The COVID Project

The record

Jurisdiction
Alabama
Level
State
Authority
Ala. Code § 22-2-14 (recited); the State Health Officer's Stay at Home Order of April 3, 2020 (Ex. AL-013)
Issued
2020-04-05 Apr. 5, 2020
Effective
2020-04-05
End
2020-04-30 5:00 p.m. (the Stay at Home Order's term, Ex. AL-013; the § 22-2-14 enforceability it states continued under the Safer at Home orders) (read as 2020-04-30)
In force
Apr. 5, 2020 to Apr. 30, 2020
Quarters
2020 Q2
Limitation types
Stay-at-homeBusiness closureCapacity limitHealth care ordersStanding dutyOperating condition
Addressees
  • persons generally; employers and employees (work outside the home limited to listed businesses and three categories of activity); specified businesses (essential retailers: occupancy, posting, enforcement, congregation); health care providers (postponement)
Character
agency position statement
Collection
Standing duties: Alabama DUT-AL

Operative words

The order requires stores to limit occupancy to no more than 50 percent of the normal occupancy load... to post this 'emergency maximum occupancy rate' in a conspicuous place, and to enforce this requirement.... Alabama Code §22-2-14 provides that knowingly violating or refusing to obey or comply with this order is a Class C misdemeanor punishable by a fine of up to $500.00.

Penalty

Ala. Code § 22-2-14: Class C misdemeanor, fine up to $500, each day a separate offense (as stated)

What it required

The Attorney General told law enforcement that 'every person is ordered to stay at his or her place of residence except as necessary to perform an essential activity,' that a person 'may not leave home to work' at an unlisted business except for the three categories of work-related activity, that essential retailers must cap occupancy at 50 percent, post the rate and 'enforce this requirement,' that retailers 'may not knowingly allow customers or patrons to congregate within six feet of one another,' that all non-emergency dental, medical and surgical procedures 'be postponed,' and that knowing violation is a Class C misdemeanor with each day a separate offense. Character as recorded: agency_position_statement (release, FAQ, memorandum or statement; order_penalty layer).

Retrieval note

Four pages with Attachment 1 (the essential-businesses list). Category 7 and category 6 together: the State's chief law officer restates the retailer conditions of Ex. AL-013 as duties the retailer must itself 'enforce' and states the criminal consequence.