The COVID Project
The record
- Jurisdiction
- Alabama (Supreme Court of Alabama) · Alabama
- Level
- Court
- Authority
- Appeal from the Montgomery Circuit Court (CV-20-900935); Ala. Code §§ 31-9-6(1), 31-9-13, 31-9-22, 22-2-8, 22-11A-1, 41-22-5(b) as recited
- Issued
- 2021-03-19 Mar. 19, 2021
- Effective
- 2021-03-19
- End
- n/a (judicial decision) (read as 2021-09-30)
- In force
- Mar. 19, 2021 to Sept. 30, 2021
- Quarters
- 2021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Face-covering requirementWorkplace rulesStanding duty
- Addressees
- persons generally (the mask order bound 'each person'); the plaintiffs as challengers
- Character
- adjudication
- Collection
- Standing duties: Alabama DUT-AL
Operative words
The proclamation stated that the 'law-enforcing authorities of the state shall enforce that order as any other order, rule, or regulation promulgated by the Governor under [the Emergency Management] Act, and the penalty for violating it shall be a fine of not more than $500 or imprisonment in the county jail as set forth in [that] Act, see, e.g., [Ala. Code 1975,] § 31-9-22.'
Penalty
Ala. Code § 31-9-22 as recited
What it required
The Court's statement of record: the State Health Officer's orders were issued under §§ 22-2-8 and 22-11A-1 and adopted as emergency rules under § 41-22-5(b); from July 15, 2020 the Governor 'promulgate[d] that order as an order, rule, or regulation under the applicable provisions of the Emergency Management Act. See, e.g., Ala. Code [1975,] §§ 31-9-6(1) & 31-9-13,' with the § 31-9-22 penalty, and 'each subsequent amended order issued by Dr. Harris has been adopted and promulgated by Governor Ivey in a proclamation issued under the Alabama Emergency Management Act of 1955.' Holding: the plaintiffs, who alleged no threatened enforcement against them, lacked standing; dismissal affirmed. Character as recorded: adjudication (order_penalty layer).
Retrieval noteSlip opinion from the Alabama Appellate Courts' ACIS system. Cited for the Supreme Court of Alabama's recital of how every order from July 15, 2020 acquired the force of law and the § 31-9-22 penalty, and for its quotation of the Governor's stated reason (Emergency Management Act rulemaking 'for as long as a declared state public health emergency is in effect'). The disposition is a standing holding; the Court did not reach the merits.