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Ex. DUT-VT-018 Standing duty Confirmed from a secondary source

State of Vermont v. Club Fitness of Vermont, Inc. and Sean Manovill (Rutland Superior Court, Civil Division, filed May 15, 2020): complaint for preliminary injunction and civil penalties; temporary restraining order granted May 15, 2020

Vermont AG files first Covid-19 non-compliance lawsuit against Rutland gym (VTDigger, May 15, 2020)

State of Vermont, Attorney General T.J. Donovan (plaintiff); Rutland Superior Court (temporary restraining order); reported by VTDigger (Alan J. Keays), May 15, 2020 · Vermont (Rutland Superior Court, Civil Division) (Court)

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The COVID Project

The record

Jurisdiction
Vermont (Rutland Superior Court, Civil Division) · Vermont
Level
Court
Authority
Executive Order 01-20, Addendum 4 (closure of close-contact businesses including gyms, Ex. VT-008), kept in force by Addendum 9 and Addendum 14 (Exs. VT-014, VT-021); 20 V.S.A. sec. 40 (Attorney General's action for injunctive relief; $1,000 per day) (Ex. VT-103); 20 V.S.A. sec. 24
Issued
2020-05-15 May 15, 2020
Effective
2020-05-15 (TRO barring in-person, indoor operations 'until the governor's order allows it') (read as 2020-05-15)
End
Injunction motion withdrawn May 28-29, 2020 after Addendum 16 permitted gyms to reopen June 1, 2020 under ACCD requirements (Ex. VT-023); penalty claim pending to the January 2021 settlement (Ex. DUT-VT-020) (read as 2020-06-01)
In force
May 15, 2020 to June 1, 2020
Quarters
2020 Q2
Limitation types
Emergency declarationBusiness closureStanding duty
Addressees
  • specified businesses (close-contact businesses under Addendum 4); by its reasoning, every business subject to the orders
Character
adjudication
Collection
Standing duties: Vermont DUT-VT

Operative words

"The State of Vermont alleges that Club Fitness of Vermont and its owner, Sean Manovill, are operating a fitness center in violation of Executive Order 01-20, Addendum 4," said a press release from the Attorney General's Office Friday afternoon. "In seeking the preliminary injunction, the State is asking the Court to shut down the facility, as required under the Governor's executive orders"

Penalty

temporary restraining order; civil penalties sought of up to $1,000 for each day of violation (20 V.S.A. sec. 40); criminal exposure under 20 V.S.A. sec. 24

What it required

Records the State's enforcement of the closure order against a business by civil action: after a cease-and-desist letter, the Attorney General sued under the emergency management chapter for an injunction and civil penalties, and the court ordered the gym to cease in-person, indoor operations the same day; the State's inspector recorded the absence of masks, distancing, sanitizer and signage as the violations observed. Character as recorded: adjudication (order_penalty layer).

Retrieval note

Contemporaneous press report quoting the Attorney General's press release; The report records: the State received reports on May 5, 2020 that the gym was open; 'after an attempt to convince' the owner and a cease-and-desist letter the gym closed temporarily and reopened May 15; 'An officer observed patrons exercising without masks and not staying six feet from each other. The officer saw no hand sanitizing stations or signage advising customers to wear masks, keep a safe distance, or clean equipment.' The Department of Public Safety's Executive Order Reporting Tool received more than 1,650 reports of alleged violations by August 2020, fewer than 50 referred to police and 15 to the Attorney General (VTDigger, Aug. 24, 2020, read, not saved).

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.