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Ex. DUT-MO-014 Standing duty Primary source read

SH3 Health Consulting, LLC v. Page, No. 4:20-cv-00605-SRC, Doc. 27 (E.D. Mo. May 8, 2020) (Memorandum and Order denying temporary restraining order), reported at 459 F. Supp. 3d 1212

SH3 Health Consulting, LLC, et al. v. St. Louis County Executive Dr. Sam Page, et al.: Memorandum and Order

United States District Court for the Eastern District of Missouri (Clark, J.) · Missouri (Eastern District of Missouri; St. Louis City and St. Louis County orders) (Court)

The COVID Project

The record

Jurisdiction
Missouri (Eastern District of Missouri; St. Louis City and St. Louis County orders) · Missouri
Level
Court
Authority
28 U.S.C. § 1331; Fed. R. Civ. P. 65; Jacobson v. Massachusetts, 197 U.S. 11 (1905); In re Rutledge (8th Cir. Apr. 22, 2020)
Issued
2020-05-08 May 8, 2020
Effective
2020-05-08
End
n/a (decision on the record of the City and County orders of April 20, 2020)
In force
May 8, 2020 (no end date recorded; counted as in force for 120 days)
Quarters
2020 Q2
Limitation types
Stay-at-homeBusiness closureGathering capStanding duty
Addressees
  • specified businesses (every business the City and County orders closed; every business subject to the operating conditions of the orders)
Character
adjudication
Collection
Standing duties: Missouri DUT-MO

Operative words

The concerns of Plaintiffs, in conducting their businesses, do not outweigh the severe harm the residents of the City and County could suffer if the Court overrode the Orders. Government authorities must have the ability to maintain public health and safety in times of great crises such as these.

Penalty

n/a (judicial decision); the orders it upheld carried the misdemeanor sanction of RSMo 192.300.4 and the City's ordinances

What it required

The court refused to restrain the St. Louis City and County orders that required 'all businesses, other than essential businesses, to cease virtually all activities,' recording that the State's own orders of April 3 and April 16, 2020 directed 'all businesses in the entire state to stop engaging in certain activities' and that under the City's and County's authorities 'non-essential businesses in the City and County must remain closed indefinitely'; it treated RSMo 192.290, 192.300 and 19 CSR 20-20.050(3) as the framework of local health power and found the plaintiffs unlikely to succeed on their claim that only the State Director could close businesses. Character as recorded: adjudication (order_operating_condition layer).

Retrieval note

The court's slip opinion from the Government Publishing Office's United States Courts Opinions collection (281,760 bytes; 22 pages). At 13-14 the court found that '[b]y limiting contact between individuals in places of business, the City and County Orders attempt to slow the rate of infection and lower the rate of death,' citing the CDC's guidance as the factual basis; at 21 it quoted Frank v. City of St. Louis (E.D. Mo. May 2, 2020): 'there can be little doubt that the public interest heavily favors the city's ability to take steps to prevent the spread of this deadly disease.'.