The COVID Project
The record
- Jurisdiction
- Washington (United States Court of Appeals for the Ninth Circuit, on appeal from E.D. Wash.) · Washington
- Level
- Court
- Authority
- 28 U.S.C. § 1291; review of RCW 43.06.010(12), 43.06.220, 49.17.010, 49.17.040 and WAC 296-800-14035
- Issued
- 2021-07-08 July 8, 2021
- Effective
- 2021-07-08
- End
- standing precedent (read as 2021-09-30)
- In force
- Standing since July 8, 2021 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureWorkplace rulesOperating condition
- Addressees
- employers; specified businesses (a water park and, by the holding, every business subject to the proclamations)
- Character
- adjudication
- Collection
- Standing duties: Washington DUT-WA
Operative words
The rule creates an enforcement mechanism for the proclamations' restrictions on businesses by prohibiting employers from allowing employees to work if the business activity is prohibited.... If an employee is found working when the business activity is prohibited under the proclamations, the employer can be issued a citation that could result in a fine.
Penalty
Confirms citation and fine under WAC 296-800-14035 and RCW 49.17.180 for operating contrary to a proclamation
What it required
Holds that the Governor had authority under RCW 43.06.010(12) and 43.06.220 to issue the proclamations, that L&I 'acted within its scope of authority' under RCW 49.17.040 and 49.17.010 in adopting WAC 296-800-14035, that L&I 'is charged with making and enforcing workplace safety and health standards', and that the restrictions satisfy rational-basis review; 'We conclude that Defendants have the authority under Washington law to impose the restrictions'. Character as recorded: adjudication (order_penalty layer).
Retrieval noteSlip opinion from the court's own site; argued and submitted June 7, 2021; filed July 8, 2021. cite the slip opinion pages otherwise.