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Ex. DUT-LA-014 Standing duty Primary source read

Big Tyme Investments, L.L.C. v. Edwards, No. 20-30526 c/w No. 20-30537 (5th Cir. Jan. 13, 2021)

Opinion affirming the district courts' refusal of preliminary injunctions against the Governor's bar-closure proclamations (89 JBE 2020 and successors): the differential treatment of bars 'is at least rationally related to reducing the spread of COVID-19 in higher-risk environments'; motion to dismiss the appeal as moot denied

United States Court of Appeals for the Fifth Circuit (published opinion) · Louisiana (United States Court of Appeals for the Fifth Circuit, on appeal from the Eastern and Western Districts of Louisiana) (Court)

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The record

Jurisdiction
Louisiana (United States Court of Appeals for the Fifth Circuit, on appeal from the Eastern and Western Districts of Louisiana) · Louisiana
Level
Court
Authority
28 U.S.C. 1292(a)(1); Fourteenth Amendment (equal protection); Jacobson v. Massachusetts, 197 U.S. 11 (1905); In re Abbott, 954 F.3d 772 (5th Cir. 2020)
Issued
2021-01-13 Jan. 13, 2021
Effective
2021-01-13
End
n/a (judgment) (read as 2021-03-31)
In force
Jan. 13, 2021 to Mar. 31, 2021
Quarters
2021 Q1
Limitation types
Business closureAlcohol and barsOther
Addressees
  • specified businesses: bars holding Class A-General permits; by its reasoning, every business regulated by the proclamations
Character
adjudication
Collection
Standing duties: Louisiana DUT-LA

Operative words

In sum, the Bar Closure Order's differential treatment of bars operating with AG permits is at least rationally related to reducing the spread of COVID-19 in higher-risk environments.... The district courts' orders denying injunctive relief are AFFIRMED.

Penalty

n/a (the proclamations' penalties under R.S. 29:724(E) remained enforceable)

What it required

Held that the Governor's proclamations closing bars for on-premises consumption were valid exercises of the State's public-health power, rationally related to reducing the spread of COVID-19, and left every bar bound to obey them; the opinion records that the proclamations issued 'pursuant to the Louisiana Health Emergency Powers Act, LA. R.S. 29:760' and that the bar owners did not challenge the Governor's authority to issue them. Character as recorded: adjudication (order_operating_condition layer).

Retrieval note

The Fifth Circuit's published slip opinion (Judge Willett concurring separately on Jacobson). The opinion recites (slip op. at 3): 'The same day as the WHO's declaration, Louisiana Governor John Bel Edwards declared the pandemic a statewide public health emergency,' and in note 2: 'The Governor issued the first emergency proclamation pursuant to the Louisiana Health Emergency Powers Act, LA. R.S. 29:760.' It records the district courts' finding 'that the Governor's Bar Closure Order was rationally related to the goal of protecting public health' on the testimony of Dr. Billioux of the Office of Public Health (slip op. at 8). cite the slip opinion by docket number and date. The companion district-court decision is already in the library as Ex. LA-075 (4 Aces Enterprises, LLC v. Edwards, No. 20-2150 (E.D. La. Aug. 17, 2020)).