The COVID Project
The record
- Jurisdiction
- Louisiana
- Level
- State
- Authority
- La. Const. art. III; Proclamation 25 JBE 2020 (recited in Sections 1 and 2)
- Issued
- 2020-06-12 June 12, 2020
- Effective
- 2020-06-12, retroactive to 2020-03-11 (read as 2020-06-12)
- End
- for 'the duration of the COVID-19 public health emergency' as declared by Proclamation 25 JBE 2020 (the emergency lapsed March 16, 2022) (read as 2022-03-16)
- In force
- June 12, 2020 to Mar. 16, 2022
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding dutyOperating condition
- Addressees
- specified businesses: restaurants ('an eating establishment which gives or offers for retail sale prepared food to the public within its premises') and their owners, operators, employees, contractors and agents
- Character
- liability shield condition
- Collection
- Standing duties: Louisiana DUT-LA
Operative words
No owner, operator, employee, contractor, or agent of a restaurant which is in substantial compliance with Proclamation Number 25 JBE 2020 and any subsequent related proclamations and applicable COVID-19 procedures established by a federal, state, or local agency, shall have civil liability for injury or death due to COVID-19 infection transmitted through the preparation and serving of food
Penalty
Loss of the statutory immunity for a restaurant not in substantial compliance with the proclamations and applicable procedures; employees retain workers' compensation rights (C)
What it required
Conditioned every restaurant's immunity on substantial compliance with the Governor's proclamations themselves and with the applicable federal, State and local COVID-19 procedures, for dine-in, takeout, drive-through and delivery service, throughout the declared emergency.
Retrieval noteThe enrolled Act as published by the Louisiana Legislature (2 pages). Subsection (B) verbatim: 'The provisions of this Section shall include the serving of the prepared food and beverage products by dine-in, takeout, drive-through, or delivery throughout the duration of the COVID-19 public health emergency.' This is the only one of the three 2020 shields that names the proclamations themselves as the standard of compliance. Approval date from the Legislature's bill history page (BillInfo.aspx?s=20RS&b=SB508).