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Ex. DUT-ME-011 Standing duty Primary source read

Order on Plaintiffs' Motion for Preliminary Injunction, Bayley's Campground, Inc. v. Mills, No. 2:20-cv-00176-LEW, ECF No. 20 (D. Me. May 29, 2020), reported at 463 F. Supp. 3d 22

Bayley's Campground, Inc. v. Mills: order refusing preliminary injunction against the 14-day self-quarantine requirement of Executive Order 34 FY 19/20

Hon. Lance E. Walker, U.S. District Judge · United States District Court for the District of Maine (Court)

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The record

Jurisdiction
United States District Court for the District of Maine · Maine
Level
Court
Authority
28 U.S.C. sec. 1331; 42 U.S.C. sec. 1983; Fed. R. Civ. P. 65
Issued
2020-05-29 May 29, 2020
Effective
2020-05-29
End
affirmed as to the right-to-travel claim, 985 F.3d 153 (1st Cir. Jan. 14, 2021) (Ex. DUT-ME-012) (read as 2021-01-14)
In force
May 29, 2020 to Jan. 14, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Travel and quarantineQuarantine and isolationOperating condition
Addressees
  • persons generally (all travelers into Maine); specified businesses (lodging, campgrounds); the Governor
Character
adjudication
Collection
Standing duties: Maine DUT-ME

Operative words

Violations of Executive Order 34 are punishable as a Class E crime, which carries a penalty of up to six months in jail and a $1,000 fine.... Executive Order 34 'may be enforced by any governmental department or official that regulates, licenses, permits or otherwise authorizes the operations of occupancy of buildings, parks and campgrounds[.]'

Penalty

as recited: Class E crime, up to six months in jail and a $1,000 fine; enforcement through licenses, permits and occupancy authorizations

What it required

The court stated, as the law of Maine, that the traveler-quarantine order bound every person and every lodging business on pain of a Class E crime and license consequences, described the Governor's enforcement design ('by education and community policing, by licensing actions where applicable, and, pursuant to 37-B M.R.S. sec. 786, by law enforcement as a Class E crime after an individual has failed to comply with a just or reasonable order relative to enforcement of the Order,' at 10), and refused to enjoin it. Character as recorded: adjudication (order_penalty layer).

Retrieval note

Pins: the penalty and license passage is at 3 (ECF No. 20, page 3 of 28); the enforcement-design passage is at 10. The court refused the injunction on the right-to-travel and other claims while declining to treat Jacobson v. Massachusetts as the standard for a right-to-travel claim (at 12-14). EO 34 is Ex. ME-013; EO 57, which replaced it on June 9, 2020, is Ex. ME-026.