The COVID Project
The record
- Jurisdiction
- Virginia (United States District Court for the Eastern District of Virginia, Richmond Division) · Virginia
- Level
- Court
- Authority
- Tigges v. Northam, 473 F. Supp. 3d 559 (E.D. Va. July 21, 2020)
- Issued
- 2020-07-21 July 21, 2020
- Effective
- 2020-07-21
- End
- Final as to the preliminary injunction; the Phase Three order it upheld ran, as amended, to Dec. 13, 2020 (read as 2020-12-13)
- In force
- July 21, 2020 to Dec. 13, 2020
- Quarters
- 2020 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Capacity limitGathering capFace-covering requirementOperating conditionOther
- Addressees
- specified businesses (a wedding and event venue qualifying as a 'dining establishment' or 'winery'); by its reasoning, every business under the Phase Three and face-covering orders
- Character
- adjudication
- Collection
- Standing duties: Virginia DUT-VA
Operative words
Tigges may provide indoor and outdoor service at Zion Springs, provided that he complies with the other restrictions set forth in the Phase Three Order. He may host events involving 250 or fewer individuals. Employees working in customer-facing areas must wear a face covering.... patrons spending time indoors at Zion Springs must wear a face covering as provided in the Face Covering Order.
Penalty
Not a penalty instrument; it left the orders and their Class 1 misdemeanor enforcement in force
What it required
A federal court's finding, on the Commonwealth's own orders, that a Virginia business operated in July 2020 only on the conditions the Phase Three and face-covering orders imposed, and its conclusion that 'Restrictions on non-essential businesses, limitations on public and private gatherings, and requirements to wear face coverings all relate directly to the Commonwealth's efforts to slow the rate of infection of COVID-19' and bear a 'real or substantial relation' to the pandemic under Jacobson; the motion to enjoin enforcement was denied. Character as recorded: adjudication (order_operating_condition layer).
Retrieval noteThe reported opinion (473 F. Supp. 3d 559) rendered from the archived Casetext page with star pagination (*563 to *571); the quoted findings are at paragraph 28 (about 473 F. Supp. 3d at 567) and the Jacobson conclusions at paragraphs 17 and 18 (at 570-71). The slip memorandum order on RECAP (gov.uscourts.vaed.477265.19.0.pdf, 19 pages, Dk. No. 19, filed July 21, 2020) is a scanned image without a text layer and was not saved; the Commonwealth's opposition in the same case is Ex. DUT-VA-019.