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Ex. DUT-ME-013 Standing duty Primary source read

Order on Plaintiff's Motion for a Temporary Restraining Order, Calvary Chapel of Bangor v. Mills, No. 1:20-cv-00156-NT, ECF No. 27 (D. Me. May 9, 2020), reported at 459 F. Supp. 3d 273

Calvary Chapel of Bangor v. Mills: order refusing a temporary restraining order against the ten-person gathering limit as applied to worship

Hon. Nancy Torresen, U.S. District Judge · United States District Court for the District of Maine (Court)

The COVID Project

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(b)
Issued
2020-05-09 May 9, 2020
Effective
2020-05-09
End
n/a (affirmed, 52 F.4th 40 (1st Cir. 2022), post-period) (read as 2021-09-30)
In force
May 9, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Stay-at-homeBusiness closureGathering capEvents and venues
Addressees
  • persons generally; all businesses (EO 19); religious gatherings
Character
adjudication
Collection
Standing duties: Maine DUT-ME

Operative words

Executive Order 19 may be enforced through Maine departments or officials that issue business licenses. Executive Order 19 at 4.... Executive Order 28 states that violations constitute a class E crime.

Penalty

as recited: Class E crime (EO 28); enforcement through business licenses (EO 19); summonses and arrests by the Maine State Police for egregious violators

What it required

The court recited the enforcement scheme of EO 14, EO 19 and EO 28 (Exs. ME-004, ME-007, ME-011), including that non-essential businesses' operations were to be 'facilitated to the maximum extent practicable by employees working remotely,' that EO 19 was enforceable through business licenses, that EO 28 violations were Class E crimes, and that the Maine State Police announced on April 2, 2020 that they would enforce the orders, 'asking for voluntary compliance' but, as 'a last course of action and reserved for only the most egregious violators,' '[i]ssu[ing] summonses or mak[ing] physical arrests' (at 6 n.7); it applied Jacobson v. Massachusetts and refused the restraining order. Character as recorded: adjudication (order_penalty layer).

Retrieval note

Pins: EO 19 licensing enforcement at 5 (ECF No. 27, page 5 of 23); EO 28 Class E and the Maine State Police statement of Apr. 2, 2020 ('State Police Enforcement Practices Regarding Governor's Executive Order,' ECF No. 1-9) at 6 and n.7; Jacobson discussion at 15. it is cited from this recital.