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  3. DUT-WV-024

Ex. DUT-WV-024 Standing duty Primary source read

Executive Order 37-20, §§ 1 and 2 para. bb (cross-reference to Ex. WV-031; not re-saved)

Fitness centers reopened on the condition that they 'must operate in accordance with any requirements, limitations, or restrictions... issued or imposed from time to time'; Governor's guidance named

Governor Jim Justice · West Virginia (State)

The COVID Project

The record

Jurisdiction
West Virginia
Level
State
Authority
Exec. Order 37-20 §§ 1, 2(bb) (W. Va. May 15, 2020) (Ex. WV-031)
Issued
2020-05-15 May 15, 2020
Effective
2020-05-18 12:01 a.m. (read as 2020-05-18)
End
Framework terminated 12:01 a.m. Apr. 20, 2021 (EO 12-21) (read as 2021-04-20)
In force
May 18, 2020 to Apr. 20, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Workplace rulesOperating conditionOther
Addressees
  • specified businesses: wellness centers, fitness centers, gymnasiums, recreation centers and similar businesses
Character
order operating condition
Collection
Standing duties: West Virginia DUT-WV

Operative words

must operate in accordance with any requirements, limitations, or restrictions relating to such facilities that have been or may be issued or imposed from time to time.... must ensure that proper social distancing and hygiene practices are maintained. Additional guidance..., Guidance for Fitness Centers, Gymnasiums, and Recreation Centers, is available at governor.wv.gov.

Penalty

EO 9-20 para. 7 enforcement; the guidance's 'appropriate enforcement measures'

What it required

Reopening of fitness facilities conditioned on operating in accordance with every requirement, limitation or restriction 'issued or imposed from time to time' (the incorporation clause for Ex. DUT-WV-019) and on maintaining distancing and hygiene practices. The verbs are 'must operate in accordance with' and 'must ensure.'

Retrieval note

Read with Ex. DUT-WV-019 (the named guidance: 40 percent occupancy; 'must wear'; 'shall be required').