The COVID Project
The record
- Jurisdiction
- Connecticut (Supreme Court of Connecticut) · Connecticut
- Level
- Court
- Authority
- Conn. Gen. Stat. § 52-265a (certification of a matter of substantial public interest); Conn. Gen. Stat. §§ 28-9, 19a-131a; Conn. Const. art. II
- Issued
- 2021-03-29 Mar. 29, 2021
- Effective
- 2021-03-29 (judgment affirmed) (read as 2021-03-29)
- End
- final (read as 2021-09-30)
- In force
- Mar. 29, 2021 to Sept. 30, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureCapacity limitAlcohol and barsOther
- Addressees
- specified businesses (bars and restaurants; Casey's Irish Pub, Black Sheep Enterprise, LLC) and, by its holding, every person and business addressed by orders under § 28-9
- Character
- adjudication
- Collection
- Standing duties: Connecticut DUT-CT
Operative words
Because we conclude that § 28-9 provides authority for the governor to issue the challenged executive orders, we also consider whether § 28-9 is an unconstitutional delegation of legislative authority to the governor in violation of the separation of powers provision of the Connecticut constitution.... We conclude that the statute passes constitutional muster.
Penalty
None imposed by the decision; the decision sustained the orders and their enforcement (the plaintiffs sought to enjoin enforcement and lost)
What it required
Confirmed, as the law of Connecticut, that the COVID-19 pandemic is a 'serious disaster' under § 28-9(a), that the Governor's executive orders limiting bars and restaurants (EOs 7D, 7N, 7ZZ and their successors) were authorized by § 28-9(b)(1) and (7) and therefore carried the force of law, and that a bar owner who, 'in compliance with Executive Order No. 7D,' closed on March 16, 2020 'after determining that it would not be profitable to operate a takeout business' had no claim that the orders exceeded the Governor's authority. Character as recorded: adjudication (orders upheld).
Retrieval noteOfficial slip opinion from the Judicial Branch (the Branch's own link for SC20494). Key passages: the facts ('In compliance with Executive Order No. 7D, and after determining that it would not be profitable to operate a takeout business, the plaintiffs... closed their establishment, Casey's Irish Pub, on March 16, 2020'); Part I conclusion ('we conclude that Governor Lamont did not exceed his statutory authority when he issued the challenged executive orders in an effort to contain the spread of COVID-19'); Part II on § 28-9(b)(1) ('the governor may "modify or suspend... any statute, regulation or requirement"'); closing ('As long as Governor Lamont is acting within this admittedly broad statutory and constitutional authority--which we conclude that he is--it is not the job of this court to second-guess those policy decisions. The judgment is affirmed.'). The Attorney General's statement on the decision is a separate release; the AG's April 20, 2020 statement is Ex. DUT-CT-013.