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Ex. DUT-OR-016 Standing duty Primary source read

Along Came Trudy LLC v. Oregon Liquor and Cannabis Commission, 330 Or App 295, 543 P3d 751 (Jan. 24, 2024), rev den, 372 Or 588 (July 18, 2024) (A178679; OLCC21V003): judicial review affirming cancellation of a Lane County restaurant and event venue's liquor license for three violations of EO 20-66 (indoor dining while prohibited)

Along Came Trudy LLC, dba Along Came Trudy, Petitioner, v. Oregon Liquor and Cannabis Commission, Respondent

Oregon Court of Appeals (Kamins, J., with Tookey, P.J., and Egan, J.); review denied by the Oregon Supreme Court · Oregon (Court)

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The COVID Project

The record

Jurisdiction
Oregon
Level
Court
Authority
ORS 401.165-401.236, 401.192(1); ORS 433.441(3)-(4); Executive Order 20-66 and its incorporated OHA guidance (Ex. OR-035); OAR 845-006-0345(15); ORS 471.333(3); Or. Const. art. I, sec. 21, art. III, sec. 1, art. IV, sec. 1
Issued
2024-01-24 Jan. 24, 2024
Effective
2024-01-24 (decision); the conduct adjudicated occurred under EO 20-66 in Lane County at Extreme Risk (read as 2024-01-24)
End
final (review denied July 18, 2024) (read as 2024-07-18)
In force
Jan. 24, 2024 to July 18, 2024
Quarters
2020 Q42021 Q1
Limitation types
Business closureCapacity limitFace-covering requirementOther
Addressees
  • specified businesses: OLCC licensees (eating and drinking establishments); by its reasoning, every business addressed by a gubernatorial order and its incorporated guidance
Character
adjudication
Collection
Standing duties: Oregon DUT-OR

Operative words

It is undisputed that EO 20-66 was issued by the Governor under the authority of ORS 401.165 to 401.236. It therefore had the "full force and effect of law." EO 20-66 encompassed the Governor's directive to the OHA to provide guidance that, with the Governor's approval, would be incorporated into the executive order. Any procedural hurdle... cannot deprive the executive order of the full force

Penalty

Cancellation of the liquor license affirmed (OAR 845-006-0345(15)); the court's holding confirms the ORS 431A.010 and 401.990 exposure recited in EO 20-66 para. 10.

What it required

Held that EO 20-66 'had the "full force and effect of law"' under ORS 401.192(1), that the OHA sector guidance the order incorporated was valid and enforceable although not set out in the order's text, not filed with the Secretary of State and not adopted as an administrative rule, that ORS 401.192 does not unconstitutionally delegate legislative power, and that OLCC lawfully cancelled the licensee's liquor license under OAR 845-006-0345(15) for permitting indoor dining in violation of the Governor's order; the court also quoted EO 20-66 para. 2(a) delegating to OHA 'binding guidance for the public, for employers, and for particular sectors of the economy.' Character as recorded: adjudication (order_penalty layer).

Retrieval note

Official slip opinion from the Oregon Judicial Department's digital collection (ContentDM item 37927), with the Oregon Reports pagination (330 Or App 295-30x); the quoted passage is at 304. The court recited ORS 401.168(1), 401.175(5) and 433.441(4) as the sources of the Governor's power (at 299-300). Located through the CourtListener search API; the opinion is later applied on identical arguments in Central Pastime (DUT-OR-018).

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.