In observance of the Labor Day holiday, we will not be publishing an issue on September 7. We will be back to our regular publication schedule on September 8.

Since our last edition

What is open in each state? For a continually updated article on reopening status in all 50 states, click here.

• Arizona (Republican trifecta): State health officials announced that 10 of the state’s 15 counties met the requirements to move to a hybrid learning model. Two of those counties, Greenlee and La Paz, met the benchmarks to resume full-time in-person education.

• Delaware (Democratic trifecta): Gov. John Carney (D) signed the sixth extension of his state of emergency order. The new extension is set to last indefinitely. A state of emergency was first declared on March 12.

• Nevada (Democratic trifecta): The state’s coronavirus mitigation task force announced that bars would remain closed in four counties for at least two more weeks. Bars are currently closed in Clark, Elko, Nye, and Washoe counties.

• New Jersey (Democratic trifecta): Indoor dining services and movie theaters are reopening on Sept. 4.

• New Mexico (Democratic trifecta): Gov. Michelle Lujan Grisham (D) announced travelers from states with a positivity rate under 5% do not have to self-quarantine, effective Sept. 4. Lujan Grisham also said hotels that have been safe-certified will be able to expand their maximum occupancy to 75%.

• North Carolina (divided government): Effective Sept. 4 at 5 p.m., the state will enter Phase 2.5 of reopening, which Gov. Roy Cooper (D) announced on Sept. 1. Under Phase 2.5, the limit on gatherings will increase to 25 people indoors and 50 people outdoors. Museums and aquariums can reopen at 50% capacity. Gyms and indoor exercise facilities can reopen at 30% capacity. Several restrictions, like the ban on bars and movie theaters, will remain in effect.

• North Dakota (Republican trifecta): On Sept. 3, Gov. Doug Burgum (R) announced that he was classifying eight counties as having a greater risk of COVID-19 spread under the state’s color-coded reopening system. Burgum reclassified the counties from green, or low risk, to yellow, meaning moderate risk. He also moved 13 counties to blue, which represents the lowest risk. Most of the state is classified green.

• Oregon (Democratic trifecta): Gov. Kate Brown (D) announced Baker County has been removed from the County Watch List.

Daily feature: Travel restrictions

Every Friday, we’ll take a closer look at the restrictions governors and state agencies have placed on interstate travelers, including a recap of the week’s travel-related news. To see our full coverage of travel restrictions enacted in response to the coronavirus pandemic, click here.

Overview

To date, 25 states issued at least one executive order restricting interstate travel. Of the 25 executive orders governors or state agencies issued restricting out-of-state visitors, at least 14 have been rescinded. Eleven states have active travel restrictions.

Weekly recap

• On Aug. 2, Massachusetts added Colorado, Delaware, Pennsylvania, and West Virginia to its list of lower-risk states, exempting travelers and returning residents from those areas from having to quarantine for two weeks upon arriving in Massachusetts.
• On Sept. 1, Govs. Ned Lamont (D-Conn.), Phil Murphy (D-N.J.), and Andrew Cuomo (D-N.Y.) announced that Alaska and Montana had been placed back on the joint travel advisory list, after having been removed Aug. 25. The travel advisory requires travelers entering the tristate area to self-quarantine for 14 days.

Additional activity

In this section, we feature examples of other federal, state, and local government activity, private industry responses, and lawsuits related to the pandemic.

• Palm Beach County, Florida, will enter Phase Two of reopening on Sept. 8, with schools allowed to resume in-person instruction on Sept. 15.

• Baltimore Mayor Jack Young announced that the city would proceed to Phase Three of reopening on Sept. 4 with the rest of the state.

• Somerville, Massachusetts, will enter Phase Three of reopening on Sept. 8. Somerville is the only community in the state still in Phase Two of reopening.

• On Aug. 27, Judge Douglas Harpool of the U.S. District Court for the Western District of Missouri dismissed televangelist Jim Bakker’s lawsuit against four Arkansas and California attorneys who are investigating Bakker’s sale of a silver-based product he claims can cure COVID-19. In his complaint, filed against the Attorney General of Arkansas, the District Attorneys of Merced and San Joaquin Counties, and the City Attorney of Los Angeles, Bakker alleged he was “divinely inspired” to sell the product “to the world, and such offerings are an integral part of” his religious mission. Bakker sued to block the collection of names, addresses, and personal financial information, arguing it would amount to a violation of the freedom to exercise religion and freedom of speech. Harpool ruled Bakker “cannot establish the minimum contacts required to invoke personal jurisdiction” over the attorneys in the Western District Court, a procedural requirement limiting the courts in which a defendant can be sued. Consequently, Harpool dismissed Bakker’s suit. Arkansas Attorney General Leslie Rutledge (R) said, “I will not tolerate illegal schemes used by Mr. Bakker that directly harm Arkansas consumers financially or physically.” Former Missouri Gov. Jay Nixon (D), an attorney for Bakker, said: “It’s extremely disturbing that this is happening in America.” Harpool was appointed to the bench by President Barack Obama (D).

The next 24 hours

What is changing in the next 24 hours?

• Maryland (divided government): On Sept. 4, Maryland will enter Phase 3 of reopening. Retail stores and religious services will be allowed to increase capacity from 50 to 75 percent. Outdoor entertainment venues may reopen with a capacity of 250 people. Movie theaters and indoor entertainment venues may reopen at 50 percent capacity or up to 100 people.

• New Jersey (Democratic trifecta): Indoor dining services and movie theaters will be able to reopen starting Sept. 4.
• Utah (Republican trifecta): On Sept. 2, Gov. Gary Herbert (R) announced that Salt Lake City would move from the orange to the yellow phase of reopening. Under the yellow phase, private gatherings of up to 50 people are permitted. The orange phase limited gatherings to 20 people or fewer.

Since our last edition

What is open in each state? For a continually updated article on reopening status in all 50 states, click here.

• Colorado (Democratic trifecta): Gov. Jared Polis (D) announced a partnership with T-Mobile to provide a free WiFi hotspot and 100GB of data to 34,000 low-income student households.
• Delaware (Democratic trifecta): Gov. John Carney (D) released guidance for fall sports. The guidance categorizes sports by risk level (high, medium, or low) and provides mask and social distancing guidelines for each risk level.
• Idaho (Republican trifecta): Gov. Brad Little (R) announced the state will remain in Phase Four for at least two more weeks. Idaho entered Phase Four on June 13.
• Michigan (divided government): On Thursday, Sept. 3, Gov. Gretchen Whitmer (D) announced that gyms and pools could reopen with restrictions on Sept. 9. Gyms will be limited to operating at 25% capacity. Whitmer also announced that youth sports could resume in parts of the state where they are still restricted.
• New York (Democratic trifecta): Gov. Andrew Cuomo (D) announced malls in New York City and casinos statewide will be able to reopen starting Sept. 9.
• Ohio (Republican trifecta): On Sept. 3, Gov. Mike DeWine (R) announced the details of a forthcoming health order that will require school staff and parents or guardians of students to notify schools within 24 hours of receiving a positive COVID-19 test result. The order will go into effect Sept. 8.

Daily feature: Featured lawsuit

Once a week, we take a closer look at a noteworthy lawsuit involving governmental responses to the COVID-19 outbreak in the United States. We define a noteworthy lawsuit as one that has garnered significant media attention, involves major advocacy groups, or deals with unique legal questions. This week, we look at a lawsuit involving COVID-19 restrictions in Minnesota.

Free Minnesota Small Business Coalition v. Walz

On Sept. 1, Judge Thomas Gilligan of Minnesota’s Ramsey County District Court dismissed a lawsuit 13 Republican lawmakers and a group of small businesses filed challenging Gov. Tim Walz’s (D) COVID-19-related executive orders.

What is at issue?

The plaintiffs alleged the orders were legislative actions, which cannot be delegated to the governor according to the state constitution’s nondelegation doctrine. The plaintiffs further alleged that Walz exceeded his statutory authority under the Minnesota Emergency Management Act, saying that public health is not a permissible rationale for invoking emergency powers. Lastly, the plaintiffs said that Walz’s orders treated similarly situated businesses differently, violating the equal protection guarantee.

How did the court rule?

Gilligan dismissed the suit, writing, “[The] Governor has acted pursuant to the authority delegated to him by the Legislature. … [The] COVID-19 pandemic constitutes an act of nature that provides the Governor with the basis to declare a peacetime state of emergency in Minnesota.” Gilligan said that subjecting the governor’s emergency actions to “a notice and comment period, public hearings, and review by an administrative law judge” would be “cumbersome and unreasonable.”

What were the reactions, and what comes next?

The lead plaintiffs said they “will continue the fight, by all means necessary to restore the voice and will of the People, through their representatives in the legislature, to decision-making in state government.” They also set up a fundraising campaign to pay for an appeal. Walz has not commented publicly on the suit.

Additional activity

In this section, we feature examples of other federal, state, and local government activity, private industry responses, and lawsuits related to the pandemic.

• Both Montgomery County and Prince George’s County announced they would not proceed to Phase Three of reopening with the rest of Maryland beginning Sept. 4.
• Lincoln-Lancaster County Health Director Pat Lopez announced the county would remain in its current reopening phase through the end of September. A statewide directive is scheduled to move all of Nebraska into Phase Four on Sept. 14.

Since our last edition

What is open in each state? For a continually updated article on reopening status in all 50 states, click here.

• Arizona (Republican trifecta): Gov. Doug Ducey (R) extended an executive order that adds 365 days to a driver’s license expiration date. The executive order now runs through March 2021. Ducey said that the reason for the initial order was to eliminate the need for residents to visit DMV offices for license renewals.
• Colorado (Democratic trifecta): The Colorado Department of Public Health and Environment released a draft of a color-coding system for reopening by county. The system includes five colors (red, orange, yellow, green, and blue) ranging from “stay at home” (red) to “protect our neighbors” (blue).
• Delaware (Democratic trifecta): Gov. John Carney (D) announced that beach bars could reopen for Labor Day weekend. Patrons must be socially distanced, order food, and make reservations. The reopening will take effect in the towns of Lewes, Rehoboth Beach, Dewey Beach, Long Neck, Bethany Beach, South Bethany, Fenwick Island, West Fenwick Island, Ocean View, and Millville.
• Florida (Republican trifecta): Gov. Ron DeSantis (R) signed an order reopening long-term care facilities to visitors. All visitors will be required to wear a mask and pass a temperature check and screening for coronavirus symptoms.
• Indiana (Republican trifecta): The state Board of Education voted to update the definition of “virtual student” for use in the state’s school funding formula. As a result, students who opt for virtual learning during the pandemic will still count in a school’s funding formula.
• Iowa (Republican trifecta): Gov. Kim Reynolds (R) announced the reopening of the Iowa Small Business Relief Program for bars closed in six counties by Reynolds’ executive order last week. Affected businesses may be eligible for a one-time $10,000 grant.
• Maine (Democratic trifectas): Gov. Janet Mills (D) extended the coronavirus state of civil emergency through Oct. 1.
• Maryland (divided government): Gov. Larry Hogan (R) announced that the state would enter Phase Three of reopening on Sept. 4. Retail stores and religious services will be allowed to increase capacity from 50 to 75 percent. Outdoor entertainment venues may reopen with a capacity of 250 people. Movie theaters and indoor entertainment venues may reopen at 50 percent capacity or up to 100 people.
• Vermont (divided government): On Sept. 1, the Agency of Commerce and Community Development issued new guidance that requires student athletes to wear face coverings during games and practices when social distancing isn’t possible. The guidance takes effect Sept. 8.
• West Virginia (Republican trifecta): On Sept. 2, Gov. Jim Justice (R) closed bars in Monongalia County, two days after allowing them to reopen. He first closed bars in Monongalia in July following a spike in coronavirus cases in that area. Justice did not provide a timeline for when bars can reopen.
• Connecticut, New Jersey, and New York (Democratic trifectas): On Sept. 1, Govs. Ned Lamont (D-Conn.), Phil Murphy (D-N.J.), and Andrew Cuomo (D-N.Y.) announced that Alaska and Montana had been placed back on the joint travel advisory list, after having been removed Aug. 25. The travel advisory requires travelers entering the tristate area to self-quarantine for 14 days.

Daily feature: The 1918 influenza pandemic

Every Wednesday, we feature a newspaper story written during the 1918 influenza pandemic that illustrates how the country contended with a national health emergency in the midst of an election year. To see more stories from 1918, click here.

On Sept. 29, 1918, the Spokane Daily Chronicle reported on theater managers’ campaign to convince health officials to remove a ban on theaters.

Click here to read the original article, courtesy of the University of Michigan Center for the History of Medicine and Michigan Publishing’s Influenza Encyclopedia.

Additional activity

In this section, we feature examples of other federal, state, and local government activity, private industry responses, and lawsuits related to the pandemic.

• On Aug. 28, the Colorado Supreme Court refused to hear a challenge against more than three dozen executive orders issued by Gov. Jared Polis (D), including a statewide mask mandate. The denial came two days Colorado House Minority Leader Patrick Neville (R) and activist Michelle Malkin filed the case. Neville and Malkin alleged the Colorado Disaster Emergency Act, which provides the governor with expanded powers during an emergency, is an unconstitutional violation of the separation of powers doctrine: “[The] chief executive by executive order is purportedly making new laws and implementing new public policies which wholly usurp the power of the legislative department to make the laws, a power which has been delegated by the People through their Colorado Constitution exclusively to the legislative department.” Plaintiffs alleged that the various emergency actions taken by Polis, the Colorado Department of Public Health and Environment, and the El Paso and Denver health departments resulted in “unjust injury to [their] fundamental civil rights, liberty interests, and property rights.” After the suit was filed, Polis said, “We are free to be on the side of a deadly virus that has taken the lives of too many friends, parents, and loved ones, or on the side of Coloradans. I’m on the side of Coloradans.” The plaintiffs said they intended to re-file in the trial court for Denver County.

Since our last edition

What is open in each state? For a continually updated article on reopening status in all 50 states, click here.

• California (Democratic trifecta): Gov. Gavin Newsom (D) signed legislation extending the moratorium on evictions through Jan. 31, 2021, as long as renters pay at least 25% of their rent and file a declaration with their landlord.

• Connecticut (Democratic trifecta): The legislature extended Gov. Ned Lamont’s (D) emergency powers through Feb. 9, 2021.

• Kentucky (divided government): Gov. Andy Beshear (D) announced childcare centers can raise class sizes from 10 to 15 children, effective immediately.

• Maryland (divided government): The state Board of Education approved new minimum requirements for instruction. Schools must be open at least 180 days and offer at least six hours of instruction, of which 3.5 hours must be synchronous instruction (all students taught at the same time) for grades K-12.

• Mississippi (Republican trifecta): Gov. Tate Reeves (R) extended the state’s executive order requiring individuals to wear masks in indoor public spaces and bars to close at 11 p.m. every night. The order expands school sporting and extracurricular events (like school performances) to 25% capacity. Previously, only two attendees per participating student were permitted.

• Nevada (Democratic trifecta): Gov. Steve Sisolak (D) extended the moratorium on evictions for 45 days through Oct. 15. Sisolak also announced an additional $10 million in federal relief funds for short-term rental assistance.

• New Hampshire (divided government): Gov. Chris Sununu (R) extended the state of emergency through Oct. 1.

• New York (Democratic trifecta): Gov. Andrew Cuomo (D) announced new guidelines for agritourism businesses and activities like corn mazes, hayrides, and pick-your-own produce farms.

• North Dakota (Republican trifecta): On Sept. 1, Gov. Doug Burgum (R) announced that the Federal Emergency Management Agency (FEMA) approved the state’s application to participate in the Lost Wages Assistance program (LWA). The LWA allows eligible individuals to receive an additional $300 a week in unemployment benefits. President Donald Trump (R) signed an executive order on Aug. 8 allowing funds in the Lost Wage Assistance (LWA) program to be used to bolster state unemployment insurance programs.

• North Carolina (divided government): On Sept. 1, Gov. Roy Cooper (D) announced he would ease some coronavirus restrictions as part of a new phase of reopening, dubbed Phase 2.5, which goes into effect on Sept. 4. Under Phase 2.5, the limit on gatherings will increase to 25 people indoors and 50 people outdoors. Museums and aquariums can reopen at 50% capacity. Gyms and indoor exercise facilities can reopen at 30% capacity. Several restrictions, like the ban on bars and movie theaters, will remain in effect.

• Oregon (Democratic trifecta): Gov. Kate Brown (D) extended her coronavirus state of emergency declaration for another 60 days.

• Pennsylvania (divided government): Gov. Tom Wolf (D) renewed the state’s disaster declaration for another 90 days.

• South Carolina (Republican trifecta): Gov. Henry McMaster (R) announced outdoor visitation is permitted at nursing homes that can meet the criteria outlined in the state’s guidance document.

• West Virginia (Republican trifecta): On Aug. 31, Gov. Jim Justice (R) announced that student athletes in counties with between 10 and 24.9 cases per 100,000 could begin playing sports immediately if they test negative for coronavirus. Currently, three counties are in that range, which the state designates as “orange” in its color-coded risk assessment system.

Daily feature: Schools

All 50 states closed schools to in-person instruction at some point during the 2019-2020 academic year. Beginning in May 2020, schools in certain states began to reopen. In which states are schools allowed to open? In which states are they ordered to remain closed?

The current status of school reopenings is as follows:

• Four states (N.M., R.I., Vt., W.V.) have a state-ordered school closure
• Two states (Calif., Hawaii) have a state-ordered regional school closure
• Three states (Del., N.C., Va.) are open for hybrid or remote instruction only
• Five states (Ark., Fla., Iowa, Mo., Texas) have state-ordered in-person instruction
• Thirty-six states have reopenings that vary by school or district

Additional activity

In this section, we feature examples of other federal, state, and local government activity, private industry responses, and lawsuits related to the pandemic.

• The Anchorage Assembly announced that meetings will be open to the public again. Up to 60 individuals will be allowed to watch meetings and give in-person testimony. Attendees must pass a forehead temperature check, fill out a contact tracing log, wear masks, and maintain social distancing.
• New York City delayed the reopening of schools for 11 days. Mayor Bill de Blasio (D) said the delay would give teachers additional time to prepare for in-person instruction.
• On Aug. 24, a Las Vegas hotel, after being fined for hosting an “Evangelicals for Trump” event, filed suit in the Clark County District Court seeking an order invalidating Gov. Steve Sisolak’s (D) ban on gatherings of more than 50 people. In its complaint, the Ahern Hotel argues that Sisolak’s Directive 21, which allows restaurants and casinos to operate at 50% capacity while limiting other gatherings to a maximum of 50 people, “is unreasonable because there is no rational basis for treating” businesses that host events differently than “similarly situated non-essential business.” The hotel says the disparity is an “unlawful, arbitrary, capricious” and “clearly erroneous” violation of its rights to equal protection and due process. The hotel is seeking a court order allowing convention centers, hotels, and restaurants to host events if they meet other health and safety standards under Phase II of Nevada’s Reopening Response Plan. The city and state have not commented on the suit.