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Ex. DUT-MD-017 Standing duty Primary source read

Memorandum opinion, Antietam Battlefield KOA v. Hogan, No. 1:20-cv-01130-CCB, ECF No. 40 (D. Md. May 20, 2020) (refusing a preliminary injunction against the Governor's orders)

Antietam Battlefield KOA, et al. v. Lawrence J. Hogan, et al., Memorandum (Civil Action No. CCB-20-1130)

United States District Court for the District of Maryland (Blake, J.) · Maryland (United States District Court for the District of Maryland) (Court)

The COVID Project

The record

Jurisdiction
Maryland (United States District Court for the District of Maryland) · Maryland
Level
Court
Authority
28 U.S.C. § 1331; 42 U.S.C. § 1983; Fed. R. Civ. P. 65
Issued
2020-05-20 May 20, 2020
Effective
2020-05-20
End
final as to the preliminary injunction; the action was dismissed November 18, 2020 (Ex. DUT-MD-018) (read as 2020-11-18)
In force
May 20, 2020 to Nov. 18, 2020
Quarters
2020 Q2
Limitation types
Stay-at-homeBusiness closureGathering capFace-covering requirementStanding duty
Addressees
  • the plaintiffs (a campground, an amusement park, clergy and legislators) and, as precedent, every business and person subject to the Governor's orders
Character
adjudication
Collection
Standing duties: Maryland DUT-MD

Operative words

The coronavirus-related executive orders all reference Title 14 of the Maryland Public Safety Article. Section 14-3A-03 of that title states that, following the declaration of a catastrophic health emergency, the Governor is empowered to "order the evacuation, closing, or decontamination of any facility" and to "order individuals to remain indoors or refrain from congregating."

Penalty

Not applicable (judicial opinion); recites the orders' misdemeanor penalty at 5

What it required

Held that the stay-at-home order, the prohibition on gatherings, the closing of non-essential businesses and the face-covering requirement in retail stores and on public transportation were exercises of 'the powers given to [the Governor] by the legislature' with a 'real or substantial relation' to protecting public health under Jacobson v. Massachusetts, and refused to enjoin them; recorded that 'non-essential businesses were required to remain closed' and that violation of the orders 'is a misdemeanor subject to imprisonment not exceeding one year or a fine not exceeding $5,000 or both.' Character as recorded: adjudication (order_operating_condition layer).

Retrieval note

Thirty-two pages; ECF header 'Case 1:20-cv-01130-CCB Document 40 Filed 05/20/20.' Conclusion at 32: 'Governor Hogan, exercising the powers given to him by the legislature in the face of the COVID-19 crisis, has made reasonable choices informed, if not dictated by, such data, science, and advice. In opposing the Governor's stay at home orders, including the prohibition on large gatherings, the closing of nonessential businesses, and the requirement that face coverings be worn on public transportation and in retail stores, the plaintiffs minimize the risks of this pandemic but cite no contrary scientific authority.' Footnote 17 (at 12) records the court's refusal to treat the police power as limited 'to regulating conduct that would be considered tortious.' The opinion is reported in the Federal Supplement (the reporter citation was not verified from the reporter; cite by docket). The pins are the ECF page numbers in the header.