The COVID Project
The record
- Jurisdiction
- Colorado (United States District Court for the District of Colorado) · Colorado
- Level
- Court
- Authority
- Fed. R. Civ. P. 65; Jacobson v. Massachusetts, 197 U.S. 11 (1905); In re Abbott, No. 20-50264 (5th Cir. Apr. 7, 2020)
- Issued
- 2020-04-19 Apr. 19, 2020
- Effective
- 2020-04-19
- End
- Case dismissed Dec. 4, 2020 (docket; secondary) (read as 2020-12-04)
- In force
- Apr. 19, 2020 to Dec. 4, 2020
- Quarters
- 2020 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Stay-at-homeBusiness closureGathering capOther
- Addressees
- persons generally; specified businesses (restaurants and other closed facilities described)
- Character
- adjudication
- Collection
- Standing duties: Colorado DUT-CO
Operative words
Defendants' orders, while onerous and subject to legitimate debate, represent the reasonable judgment of the Governor, the Denver Mayor, and the respective public health departments of the State and the City, based on the information currently available, as to what measures are necessary to slow the spread of the virus and protect the public health.
Penalty
n/a (judicial decision); the court left the orders and their § 25-1-114 penalties in force
What it required
Held that the State and Denver Stay at Home orders (D 2020 017, PHO 20-24 and Denver's orders), which 'restrict public access to numerous facilities, including restaurants,' direct residents 'to stay at home except as required to perform certain necessary activities' and 'require individuals to maintain a six-foot distance from others,' were valid exercises of the State's broad emergency powers and denied injunctive relief against their enforcement. Character as recorded: adjudication (orders upheld).
Retrieval noteJudicial decision; the 'character' field has no court value, so it is recorded under statutory_duty as the court's holding that the orders were valid exercises of the statutory emergency and public-health powers (Ex. DUT-CO-001, -002, -006). Twenty-five pages; 'DATED: April 19, 2020'. Further verbatim: 'States have broad powers to act during an emergency to secure public health and safety. Jacobson v. Massachusetts, 197 U.S. 11, 29 (1905).' 'Mr. Lawrence has not made the clear and unequivocal showing required for this Court to enjoin them, so his request for a preliminary injunction is denied.' The court quoted Amended PHO 20-24: 'All individuals currently living within the State of Colorado are ordered to Stay at Home whenever possible... All public and private gatherings of any number of people occurring outside a Residence are prohibited'. Source is the RECAP archive copy of the PACER filing (CourtListener docket 17030500, Lawrence v. Polis); FindLaw and Justia copies were behind bot checks.