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
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 notePins: 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.