The COVID Project
The record
- Jurisdiction
- Montana
- Level
- State
- Authority
- Construing the Stay at Home Directive (Ex. MT-009) issued under Mont. Code Ann. 10-3-104 and Title 50, ch. 1
- Issued
- 2020-04-07 Apr. 7, 2020
- Effective
- 2020-04-07
- End
- 2020-04-26 (Phase One) (read as 2020-04-26)
- In force
- Apr. 7, 2020 to Apr. 26, 2020
- Quarters
- 2020 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closure
- Addressees
- specified businesses (craft and hobby stores; by Ex. MT-030, vape and tobacco shops); all non-essential retail
- Character
- guidance incorporated
- Collection
- Standing duties: Montana DUT-MT
Operative words
The Directive requires businesses to cease all activities unless the business is an essential business or the business activity meets the definition of Minimum Basic Operations... [and] requires craft and hobby stores to cease brick and mortar retail activity and close to the public.
Penalty
As for the Stay at Home Directive (50-1-103(2))
What it required
The State's health department, as the agency whose Title 50 authority the Directive invoked, construed the Directive as a binding command ('requires... to cease') to a category of retailers, and did the same for vaping and tobacco businesses on April 9, 2020 (Ex. MT-030); the agency's own reading of its order as mandatory is a governmental statement of the duty.