The COVID Project
The record
- Jurisdiction
- United States Court of Appeals for the First Circuit · Maine
- Level
- Court
- Authority
- 28 U.S.C. sec. 1292(a)(1)
- Issued
- 2021-01-14 Jan. 14, 2021
- Effective
- 2021-01-14
- End
- n/a (read as 2021-09-30)
- In force
- Jan. 14, 2021 to Sept. 30, 2021
- Quarters
- 2021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Travel and quarantineQuarantine and isolation
- Addressees
- persons generally (travelers into Maine); specified businesses (lodging, campgrounds)
- Character
- adjudication
- Collection
- Standing duties: Maine DUT-ME
Operative words
EO 34 provided that it would 'be enforced by law enforcement' and that a violation of its terms could 'be charged as a Class E crime subject to a penalty of up to six months in jail and a $1,000 fine.'
Penalty
as recited: Class E crime, up to six months in jail and a $1,000 fine
What it required
The court of appeals recited the criminal enforceability of Maine's quarantine order as a fact of the record, affirmed the refusal of the preliminary injunction as to the right-to-travel claim, and held the challenge to the superseded 14-day requirement moot because EO 57 had replaced it with a test-or-quarantine requirement (Ex. ME-026). Character as recorded: adjudication (order_penalty layer).
Retrieval noteSlip opinion from the First Circuit's media site. The recital is on the second page of the slip opinion's statement of facts. The opinion's account of EO 34 and EO 57 corroborates Exs. ME-013 and ME-026.