The COVID Project
The record
- Jurisdiction
- Virginia (United States District Court for the Eastern District of Virginia, Richmond Division) · Virginia
- Level
- Court
- Authority
- Defs.' Opp'n to Pl.'s Mot. for Prelim. Inj. at 18 & n.22, Tigges v. Northam, No. 3:20-cv-00410-JAG (E.D. Va. July 8, 2020), ECF No. 13
- Issued
- 2020-07-08 July 8, 2020
- Effective
- 2020-07-08
- End
- Not applicable (a filed brief); the state court decisions it reports are dated Apr. 30, June 10 and June 29, 2020
- In force
- July 8, 2020 (no end date recorded; counted as in force for 120 days)
- Quarters
- 2020 Q22020 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureCapacity limitGathering capOther
- Addressees
- specified businesses (the closed and capacity-limited businesses in the cited cases); persons generally (the orders' addressees)
- Character
- litigation filing
- Collection
- Standing duties: Virginia DUT-VA
Operative words
Numerous Virginia courts have rejected the claim that the Governor and State Health Commissioner's orders exceeded their authority under state law. See, e.g., Hall v. Northam, Case No. CL2000632-00 (Culpeper Cty. Cir. Ct. Apr. 30, 2020)... (Governor did not exceed his authority under State law in ordering certain businesses to close) (pet. for rev denied May 19, 2020)
Penalty
Not a penalty instrument; it defends orders whose violation was a Class 1 misdemeanor under section 44-146.17 and section 32.1-27
What it required
The Commonwealth's representation to a federal court, with the state-court orders attached, that Virginia's own courts had held the Governor and the Commissioner acted within section 44-146.17 and Title 32.1 'in ordering certain businesses to close' (Hall, Culpeper County, Apr. 30, 2020, review denied May 19, 2020), in ordering shooting ranges to close (SEG Props., Loudoun County, June 10, 2020) and in Strother (Fauquier County, June 29, 2020); the brief also grounds the orders in the police power under Jacobson and recites section 44-146.17(1) as the source of their force. Character as recorded: litigation_filing (the Commonwealth's opposition brief; not an order).
Retrieval noteVerified_primary as to the brief's text (the RECAP copy of ECF No. 13, 35 pages, brief page 18, ECF page 26); The circuit court decisions are cited in a memorandum only as the Commonwealth described them, with this exhibit as the source.