RETURN DATE: JUNE 16, 2020 : SUPERIOR COURT CATHERINE L. THIBODEAU,ET AL : J.D. OF NEW LONDON VS. : AT NEW LONDON GOVERNOR EDWARD “NED” LAMONT, JR. ET AL : MAY 21, 2020 APPLICATION FOR EX PARTE TEMPORARY INJUNCTION Pursuant to Conn. Gen. Stat. § 52-473, the Plaintiffs, Catherine Thibodeau and Modern Barber & Shave, LLC, hereby make this Application for Ex Parte Temporary Injunction in accordance with the Prayer for Relief set forth in Plaintiff’s Complaint and Affidavit filed herewith. The Plaintiffs hereto, Catherine Thibodeau and Modern Barber & Shave, LLC, hereby move the Court for an Ex Parte Temporary Injunction due to the immediate, financial and irreparable harm caused by the Defendants’ illegal order. Specifically, the Plaintiffs seek an order that 1) the Defendants’ actions to close the Plaintiffs’ business be declared null and void; 2) that the Defendants’ permit the Plaintiffs to open, in compliance with the Defendants’ health requirements and 3) that the Defendants’, their agents, servants and/or employees take no action to close the Plaintiffs’ business pursuant to the Executive Orders and Sector Rules as referenced in the accompanying Silvester & Kappes 300 State Street, Suite 507 ▪ New London, Connecticut 06320 ▪ (860) 278-2650 ▪ Fax (860) 727-9243 Writ of Summons and Complaint. No previous application has been made for this injunction. PLAINTIFFS, By_/s/Robert F. Kappes______ Robert F. Kappes Silvester & Kappes 300 State Street, Suite 507 New London, CT 06320 Tel: (860) 278-2650 Fax: (860) 727-9243 Juris No. 058297 By /s/ Frank J. Riccio II Law Offices of Frank Riccio LLC 923 East Main Street Bridgeport, CT 06608 Phone (203) 333-6135 Facsimile: (203) 333-6190 Email: frankriccio@ricciolaw.com Juris No: 434470 Silvester & Kappes 300 State Street, Suite 507 ▪ New London, Connecticut 06320 ▪ (860) 278-2650 ▪ Fax (860) 727-9243 RETURN DATE: JUNE 16, 2020 : SUPERIOR COURT CATHERINE L. THIBODEAU,ET AL : J.D. OF NEW LONDON VS. : AT NEW LONDON GOVERNOR EDWARD “NED” LAMONT, JR. ET AL : MAY 21, 2020 COMPLAINT COUNT ONE (INJUNCTION) 1. The Plaintiff, Catherine L. Thibodeau, (hereinafter “Thibodeau”) is an individual residing at 89 Liberty Street, Pawcatuck, CT 06379. 2. The Plaintiff, Modern Barber and Shave, LLC, (hereinafter “Modern”) is a business organized and operating under the laws of the State of Connecticut, with a principal place of business of 110 West Broad Street, Pawcatuck, CT 06379. 3. The Defendant, Edward “Ned” Lamont, Junior, (hereinafter “Lamont”) is an individual who is the Governor of the State of Connecticut, and has a principal place of business of 210 Capitol Avenue, Hartford, Connecticut, 06106. He is sued in his official capacity. 4. The Defendant, Deidre S. Gifford, M.D., (hereinafter “Gifford”) is an individual who is the Commissioner of the Department of Public Health, with a principal place of Silvester & Kappes 300 State Street, Suite 507 ▪ New London, Connecticut 06320 ▪ (860) 278-2650 ▪ Fax (860) 727-9243 business of 410 Capitol Avenue, Hartford, Connecticut 06106. She is sued in her official capacity. 5. The Defendant, Ledge Light Health District, (hereinafter “Ledge Light”) is an entity organized and operating under the laws of the State of Connecticut, with a principal place of business of 216 Broad Street, New London CT 06320. Upon information and belief, Ledge Light is responsible entity for enforcing the Governor’s Executive Orders, as they pertain to regulated entities such as foodservice and cosmetology establishments who are operating in violation of the Governor’s Executive Orders. 6. The Defendant, Steve Mansfield, is an individual who is the Director of Health for the Defendant Ledge Light. He has a principal place of business of 216 Broad Street, New London CT 06320. He is sued in his official capacity. 7. On and between the dates of March 1, 2020 through the present, the Plaintiffs have been engaged in the business of operating a barber shop and hair salon. 8. The Plaintiffs are properly and duly licensed by the State of Connecticut and are in good standing. 9. On or about March 1, 2020, the exact date being unknown, the COVID-19 pandemic reached the State of Connecticut. 10. On or about March 10, 2020, Governor Lamont caused to be filed with the Silvester & Kappes 300 State Street, Suite 507 ▪ New London, Connecticut 06320 ▪ (860) 278-2650 ▪ Fax (860) 727-9243 Connecticut Secretary of State a "Declaration of Public Health and Civil Preparedness Emergencies," pursuant to C.G.S. §§ 19-131 a and 28-9. 11. Those two statutes delineate certain powers granted to the Governor in the event of such an emergency declaration based upon health issues. 12. On or about March 10, 2020, Defendant Lamont began issuing a series of Executive Orders to deal with the COVID-19 Health Emergency. 13. Pursuant to Defendant Lamont’s Executive Orders barber shops and hair salons were ordered closed. 14. On or about April 29, 2020, the Plaintiffs learned that Defendant Lamont, through Executive Order 7X, (attached hereto as Exhibit 1) would permit hair salons and barber shops to re-open on May 20, 2020 due to a lessening of the COVID-19 health emergency, provided that the hair salons and barber shops followed certain health protocols promulgated by and to be enforced by the Defendants. 15. In reliance upon this Executive Order, the Plaintiffs acquired Personal Protective Equipment, including face masks and gloves, and sanitizing agents (all of which were in very short supply). Further, the Plaintiffs hired a cleaning crew to sanitize the entire premises. Further, the Plaintiffs installed a new computer system to assist in the making of appointments as required by the Defendants’ regulations. (Previously, the Plaintiffs Silvester & Kappes 300 State Street, Suite 507 ▪ New London, Connecticut 06320 ▪ (860) 278-2650 ▪ Fax (860) 727-9243 were operating as a strictly “walk-in” business.) The total cost to implement the changes to the Plaintiffs’ business to open in accordance with the Defendants’ new health requirements was more than Five Thousand ($5,000.00) Dollars. 16. On or about May 18, 2020, Defendant Lamont issued an Executive Order which did not permit the re-opening of hair salons and barber shops on May 20, 2020 as previously ordered. (Executive Order 7PP, attached hereto as Exhibit 2.) No health or medical reason was ever given as the reason for the delay of opening the hair salons and/or barber shops. 17. When speaking about his reason for not permitting hair salons and barber shops to re-open, the Defendant Lamont stated, “Look from a public health point of view, we felt very confident that what we were doing would not jeopardize your health and more importantly, or just as importantly, not jeopardize the health of the greater community. But people needed a little bit of time and we gave them some time to take care of some things that would make them feel safer." 18. Further, Defendant Lamont issued an order in contradiction to his order prohibiting hair salons and barber shops from re-opening on May 20, 2020. In Executive Order 7PP, he ordered that the State Department of Economic and Community Development would publish Sector Rules for those businesses eligible to re-open on May 20, 2020. Silvester & Kappes 300 State Street, Suite 507 ▪ New London, Connecticut 06320 ▪ (860) 278-2650 ▪ Fax (860) 727-9243 The Sector Rules for hair salons and barber shops state that, “[b]usinesses should exercise caution throughout the phases of reopening, ensuring strict adherence to the protocols listed here. Those businesses that are not able to meet these by May 20, shall delay opening until they are able.” (Sector Rules, attached hereto as Exhibit 3.) This means that so long as the hair salons and barber shops could comply with the health requirements, they would be permitted to re-open on May 20, 2020. 19. Upon information and belief, there is no Executive Order pending which provides that hair salons and barber shops shall be permitted to re-open on June 1, 2020. 20. On or about May 20, 2020, agents, servants and/or employees of Defendant Ledge Light conducted an inspection of the Plaintiffs’ place of business. 21. The agents, servants and/or employees of Defendant Ledge Light concluded and opined that the Plaintiffs’ place of business was in conformance with the health directives of Defendants Lamont and Gifford. (An inspection report was completed and attached hereto as Exhibit 4.) 22. Based upon the satisfactory report and the Plaintiffs’ compliance with the Defendants health requirements, the Plaintiffs opened for business on May 20, 2020 with the knowledge and permission of Defendant Ledge Light. Silvester & Kappes 300 State Street, Suite 507 ▪ New London, Connecticut 06320 ▪ (860) 278-2650 ▪ Fax (860) 727-9243 23. Despite the satisfactory inspection report and complete compliance with the Defendants’ health requirements, the Defendants caused the Plaintiffs to close for business on May 21, 2020 via a Cease and Desist order from Defendant Ledge Light. (Attached hereto as Exhibit 5.) 24. The actions of the Defendants in closing the Plaintiffs’ business after a satisfactory inspection report and compliance with the Defendants’ health regulations is illegal in that: a. there was no health or medical reason to prohibit hair salons and barber shops to open on May 20, 2020; b. the action of prohibiting hair salons and barber shops from opening on May 20, 2020 without a health or medical reason exceeded the power granted to Defendant Lamont as outlined in the Connecticut General Statutes concerning public health emergencies, C.G.S. §28-9; and/or c. the action by the Defendants was contrary to the law as the Plaintiffs were found to be in compliance with all health requirements promulgated by the Defendants. 25. The Plaintiffs have been permanently and financially irreparably harmed by expending sums of money to be in compliance with the Defendants’ health regulations and yet being precluded from opening on May 20, 2020 and thereafter. Silvester & Kappes 300 State Street, Suite 507 ▪ New London, Connecticut 06320 ▪ (860) 278-2650 ▪ Fax (860) 727-9243 WHEREFORE, the Plaintiffs seek an order that 1) the Defendants’ actions to close the Plaintiffs’ business be declared null and void; 2) that the Defendants’ permit the Plaintiffs to open, in compliance with the Defendants’ health requirements and 3) that the Defendants’, their agents, servants and/or employees take no action to close the Plaintiffs’ business pursuant to the Executive Orders and Sector Rules listed above, and any other relief the Court deems fit. PLAINTIFFS, By_/s/Robert F. Kappes______ Robert F. Kappes Silvester & Kappes 300 State Street, Suite 507 New London, CT 06320 Tel: (860) 278-2650 Fax: (860) 727-9243 Juris No. 058297 By /s/ Frank J. Riccio II Law Offices of Frank Riccio LLC 923 East Main Street Bridgeport, CT 06608 Phone (203) 333-6135 Facsimile: (203) 333-6190 Email: frankriccio@ricciolaw.com Juris No: 434470 Silvester & Kappes 300 State Street, Suite 507 ▪ New London, Connecticut 06320 ▪ (860) 278-2650 ▪ Fax (860) 727-9243 RETURN DATE: JUNE 16, 2020 : SUPERIOR COURT CATHERINE L. THIBODEAU,ET AL : J.D. OF NEW LONDON VS. : AT NEW LONDON GOVERNOR EDWARD “NED” LAMONT, JR. ET AL : MAY 21, 2020 STATEMENT OF AMOUNT IN DEMAND Amount, legal interests and property in demand, exclusive of interest and costs is for injunctive relief only. PLAINTIFFS, By_/s/Robert F. Kappes______ Robert F. Kappes Silvester & Kappes 300 State Street, Suite 507 New London, CT 06320 Tel: (860) 278-2650 Juris No. 058297 By /s/ Frank J. Riccio II Law Offices of Frank Riccio LLC 923 East Main Street Bridgeport, CT 06608 Phone (203) 333-6135 Facsimile: (203) 333-6190 Email: frankriccio@ricciolaw.com Juris No: 434470 Silvester & Kappes 300 State Street, Suite 507 ▪ New London, Connecticut 06320 ▪ (860) 278-2650 ▪ Fax (860) 727-9243 EXHIBIT ONE Silvester & Kappes 300 State Street, Suite 507 ▪ New London, Connecticut 06320 ▪ (860) 278-2650 ▪ Fax (860) 727-9243 STATE OF CONNECTICUT BY HIS EXCELLENCY NED LAMONT EXECUTIVE ORDER NO. 7X PROTECTION OF PUBLIC HEALTH AND SAFETY DURING COVID-19 PANDEMIC AND RESPONSE – RENTER PROTECTIONS, EXTENDED CLASS CANCELLATION AND OTHER SAFETY MEASURES, EDUCATOR CERTIFICATION, FOOD TRUCKS FOR TRUCKERS WHEREAS, on March 10, 2020, I issued a declaration of public health and civil preparedness emergencies, proclaiming a state of emergency throughout the State of Connecticut as a result of the coronavirus disease 2019 (COVID-19) outbreak in the United States and confirmed spread in Connecticut; and WHEREAS, pursuant to such declaration, I have issued twenty-four (24) executive orders to suspend or modify statutes and to take other actions necessary to protect public health and safety and to mitigate the effects of the COVID-19 pandemic; and WHEREAS, COVID-19 is a respiratory disease that spreads easily from person to person and may result in serious illness or death; and WHEREAS, the World Health Organization has declared the COVID-19 outbreak a pandemic; and WHEREAS, the risk of severe illness and death from COVID-19 appears to be higher for individuals who are 60 years of age or older and for those who have chronic health conditions; and WHEREAS, to reduce the spread of COVID-19, the United States Centers for Disease Control and Prevention and the Connecticut Department of Public Health recommend implementation of community mitigation strategies to increase containment of the virus and to slow transmission of the virus, including cancellation of gatherings of ten people or more and social distancing in smaller gatherings; and WHEREAS, many residents of Connecticut are experiencing or will experience a significant loss of income as a result of business closures, reduced work hours or wages, or layoffs related to COVID- 19, all of which affect their ability to pay their rent, and thus leave them vulnerable to eviction and increased amounts owed in the form of penalties, interest, and late fees, all of which cause potential risks to public health and safety; and WHEREAS, significant federal financial assistance will become, but is not yet available to Connecticut residents and businesses; and WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act provides a temporary moratorium on eviction filings, a temporary foreclosure moratorium, and up to 360 days of loan payment forbearance for properties with a federally backed mortgage loan; and WHEREAS, my Executive Order No. 7S made available deferment of certain municipal tax payments or reduced interest on unpaid amounts of such taxes, provided that landlords offer commensurate forbearance to their tenants; and WHEREAS, minimizing evictions during this public health period is critical to controlling and reducing the spread of COVID-19 by allowing all residents to stay home or at their place of residence; and WHEREAS, measures to limit in-person interaction, including the cancellation of school classes in Executive Order Nos. 7C and 7L, will be necessary for at least several weeks past April 30, 2020; and WHEREAS, because in-person interactions in social, recreational, athletic, business and entertainment settings also continue to pose a risk of transmission of COVID-19, measures to limit such interactions must also be extended for several weeks; and WHEREAS, candidates for Connecticut initial educator certificates currently enrolled in educator preparation programs must take state competency examinations to become certified but, as a result of the COVID-19 pandemic, national testing companies have closed, eliminating access to these educator licensure assessments; and WHEREAS, commercial truckers are making a critical contribution to transporting food and essential supplies during this public health and civil preparedness emergency, and their access to prepared meals has been reduced along portions of Connecticut’s interstate; and WHEREAS, on April 3, 2020, the Federal Highway Administration (FHWA) issued Notice FHWA 05-20, suspending enforcement of its restrictions on sales within highway rights of way to allow the operation of commercial food trucks during the period of the Presidentially-declared COVID-19 emergency; and WHEREAS, there is a compelling state interest to permit commercial food trucks meeting certain requirements approved by the Department of Transportation to operate in the State’s highway right of way and to suspend certain restrictions that would otherwise prohibit such operations; NOW, THEREFORE, I, NED LAMONT, Governor of the State of Connecticut, by virtue of the authority vested in me by the Constitution and the laws of the State of Connecticut, do hereby ORDER AND DIRECT: 1. Protections for Residential Renters Impacted by COVID-19. Effective immediately and for the duration of the public health and civil preparedness emergency declared on March 10, 2020 including any period of extension or renewal: a. No Notice to Quit or Service of Summary Process Before July 1. Section 47a-23 of the Connecticut General Statutes is modified to additionally provide, “(f) No landlord of a dwelling unit, and no such landlord’s legal representative, attorney-at-law, or attorney-in-fact, shall, before July 1, 2020, deliver or cause to be delivered a notice to quit or serve or return a summary process action, for any reason set forth in this chapter or in sections 21-80 et seq. of the Connecticut General Statutes, except for serious nuisance as defined in section 47a-15 of the Connecticut General Statutes.” b. Automatic 60-Day Grace Period for April Rent. Section 47a-15a of the Connecticut General Statutes is modified to additionally provide, “Notwithstanding the provisions of this section, if rent due in April 2020 is unpaid when due and paid within sixty days thereafter, the tenant of a dwelling unit shall not be in default or violation of the rental agreement and the landlord of such unit may not deliver or cause to be delivered a notice to quit or serve or file a summary process action for nonpayment of rent; impose late fees, interest, or penalties; report such rent as late to any credit bureau or tenant screening service; or otherwise retaliate against the tenant. As used in this section, ‘tenant’ includes a resident of a mobile manufactured home park, as defined in section 21-64, including a resident who owns his own home, and ‘landlord’ includes a ‘licensee’ and an ‘owner’ of a mobile manufactured home park, as defined in section 21-64.” c. 60-Day Grace Period for May Rent, Upon Request. Section 47a15a of the Connecticut General Statutes is further modified to additionally provide, “Notwithstanding the provisions of this section, if rent due in May 2020 is unpaid when due and paid within sixty days thereafter by a tenant who, on or before the 9th day after such rent is due, notifies the landlord or landlord’s representative in writing, including but not limited to in written electronic communication, that the tenant needs to delay all or some payment of rent because he or she has become fully or partially unemployed or otherwise sustained a significant loss in revenue or increase in expenses as a result of the COVID-19 pandemic, the tenant of a dwelling unit shall not be in default or violation of the rental agreement and the landlord of such unit may not deliver or cause to be delivered a notice to quit or serve or file a summary process action for nonpayment of such rent; impose late fees, interest, or penalties; report such rent as late to any credit bureau or tenant screening service; or otherwise retaliate against the tenant.” d. Application of Additional Security Deposit to Rent, Upon Request. Section 47a-21 is modified to additionally provide, “(m) Upon the written request of a tenant of a dwelling unit who is not enrolled in the security deposit guarantee program established by the Commissioner of Housing pursuant to Section 8-339 of the Connecticut General Statutes, who has paid a security deposit in an amount that exceeds one month’s rent, and who provides written notice, including but not limited to in written electronic communication, that he or she has become fully or partially unemployed or otherwise sustained a significant loss in revenue or increase in expenses as a result of the COVID-19 pandemic, a landlord of such unit shall withdraw an amount of said deposit equal to the amount in excess of one month’s rent from an escrow account and apply it toward the rent due in April, May, or June 2020. Notwithstanding subsection (h) of this section, an escrow agent may withdraw funds from an escrow account to comply with such a request. The amount withdrawn by the escrow agent and applied toward the rent due shall no longer be considered an amount of the security deposit for any purpose, including but not limited to the calculation of interest, assignment to successor, and the payment of security deposit and interest at the termination of a tenancy. Notwithstanding subsection (b) of this section, no landlord who has complied with such a request may demand the security deposit be restored to an amount that exceeds one month’s rent earlier than the later of the end of the public health and civil preparedness emergency declared on March 10, 2020, including any period of extension or renewal of such emergency, or the date the rental agreement is extended or renewed. Except as expressly provided herein, nothing in this order shall relieve a tenant of liability for unpaid rent or of the obligation to comply with other terms of a rental agreement or statutory obligations pursuant to Connecticut law. Except as expressly provided herein, nothing in this order shall relieve a landlord of the obligation to comply with a rental agreement or statutory obligations pursuant to Connecticut law. 2. Continued Cancellation of School Classes Through May 20, 2020. To promote and secure the safety and protection of children in schools related to the risks of COVID-19, cancellation of public-school classes as ordered in Section 1 of Executive Order No. 7C, and as modified by Section 1 of my Executive Order No. 7L, is continued through May 20, 2020, unless earlier extended, modified, or terminated by me. Private schools and other non-public schools are encouraged to follow the same schedule. Connecticut Unified School District 1, established pursuant to Section 18-99a of the Connecticut General Statutes, Unified School District 2, established pursuant to Section 17a37, and Connecticut Department of Mental Health and Addiction Services inpatient facilities providing school classes or programs are exempt from this section, but shall take such measures as are necessary to protect the health and safety of students and staff. 3. Extension of Closures, Distancing, and Safety Measures Through May 20, 2020. The orders to prevent transmission of COVID-19 through appropriate distancing and other safety measures listed below are extended through May 20, 2020: a. Executive Order No. 7D, Section 2, imposing limits on restaurant, bar, and private club operations. b. Executive Order No. 7D, Section 3, closing on-site operations at off-track betting facilities. c. Executive Order No. 7D, Section 4, closing operations at gyms, sports, fitness, and recreation facilities and movie theaters. d. Executive Order No. 7F, Section 1, closing large shopping malls. e. Executive Order No. 7F, Section 2, closing places of public amusement. f. Executive Order No. 7H, Section 1, imposing safety and distancing measures for workplaces and non-essential businesses. g. Executive Order No. 7N, Section 1, prohibiting social and recreational gatherings of more than five (5) people. h. Executive Order No. 7N, Section 3, restricting retail operations. 4. Modification or Deferral of Educator Certification Testing. Section 10145f of the Connecticut General Statutes and any associated regulations, rules, and policies are modified to authorize the Commissioner of Education to modify or temporarily defer any requirements regarding certification testing contained therein as he deems necessary to address the impact of COVID-19 risks, and to issue any implementing order that he deems necessary. 5. Permission to Operate Food Trucks at Rest Areas. Notwithstanding any provision of the Connecticut General Statutes or any regulation, local rule or other provision of law, the Commissioner of Transportation is authorized to allow commercial food trucks to operate in the state’s highway right of way until the termination of the FHWA Notice FHWA 05-20, dated 4/3/2020, or the termination of the public health and civil preparedness emergency in Connecticut, whichever is earlier. The Commissioner may issue any implementing orders he deems necessary to effectuate the purposes of this order. Unless otherwise specified herein, this order shall take effect immediately and shall remain in effect for the duration of the public health and civil preparedness emergency, unless earlier modified or terminated by me. Dated at Hartford, Connecticut, this 10th day of April, 2020. Ned Lamont Governor By His Excellency’s Command ______________________ Denise W. Merrill Secretary of the State EXHIBIT TWO Silvester & Kappes 300 State Street, Suite 507 ▪ New London, Connecticut 06320 ▪ (860) 278-2650 ▪ Fax (860) 727-9243 STATE OF CONNECTICUT BY HIS EXCELLENCY NED LAMONT EXECUTIVE ORDER NO. 7PP PROTECTION OF PUBLIC HEALTH AND SAFETY DURING COVID-19 PANDEMIC AND RESPONSE – PHASE 1 REOPENING, LIMITATIONS ON CAMP OPERATIONS WHEREAS, on March 10, 2020, I issued a declaration of public health and civil preparedness emergencies, proclaiming a state of emergency throughout the State of Connecticut as a result of the coronavirus disease 2019 (COVID-19) outbreak in the United States and Connecticut; and WHEREAS, pursuant to such declaration, I have issued forty-two (42) executive orders to suspend or modify statutes and to take other actions necessary to protect public health and safety and to mitigate the effects of the COVID-19 pandemic; and WHEREAS, COVID-19 is a respiratory disease that spreads easily from person to person and may result in serious illness or death; and WHEREAS, the World Health Organization has declared the COVID-19 outbreak a pandemic; and WHEREAS, the risk of severe illness and death from COVID-19 is higher for individuals who are 60 or older and for those who have chronic health conditions; and WHEREAS, to reduce the spread of COVID-19, the United States Centers for Disease Control and Prevention and the Connecticut Department of Public Health (DPH) recommend implementation of community mitigation strategies to slow transmission of COVID-19, including cancellation of gatherings of ten people or more and social distancing in smaller gatherings; and WHEREAS, public health experts have determined that it is possible to transmit COVID-19 even before a person shows symptoms and through aerosol transmission; and WHEREAS, declining rates of COVID-19 infections and hospitalizations, combined with increases in both testing and tracing capacity and in the supply of personal protective equipment, have made possible a limited relaxation of restrictions imposed to protect the public health with the imposition of reasonable rules and safeguards for expanded economic and recreational activity; and WHEREAS, to protect the public’s health by mitigating the risk of transmission of COVID-19, the state, through the Commissioner of the Department of Economic and Community Development, has issued sector specific rules governing the manner in which certain businesses and other entities may safely begin the process of reopening (individually by sector and collectively, the “Sector Rules”); and WHEREAS, the state has reviewed best health practices for each business sector that is reopening and has developed rules that businesses and other entities that are reopening must follow to limit the transmission of COVID-19; and WHEREAS, state police and municipal police may enforce violations of orders issued pursuant to a civil preparedness or public health emergency and there is a public health need to add additional enforcement capabilities; and WHEREAS, local health directors and district health directors presently enforce the public health code and inspect restaurants, salons and barbershops; and WHEREAS, municipal chief executive officers may designate municipal employees to assist the Commissioner of Public Health with the enforcement of the sector rules adopted by DECD; and WHEREAS, Executive Order Nos. 7G, 7T and 7MM, permitted certain liquor permit types to sell alcoholic liquor in connection with take-out and delivery of food, but limited such sales to sealed containers; and WHEREAS, many liquor permit types allow the sale of mixed drinks that could be safely served in a closed container; and WHEREAS, measures to limit in-person interaction of large groups of children and additional health and sanitation practices in youth camps and summer educational programs are necessary to limit the spread of COVID-19 among children, staff, and their families; and WHEREAS, the nature of overnight resident camps makes social distancing practices impractical and overly burdensome to implement and the operation of resident camps presents a significant risk of transmission of COVID-19; NOW, THEREFORE, I, NED LAMONT, Governor of the State of Connecticut, by virtue of the authority vested in me by the Constitution and the laws of the State of Connecticut, do hereby ORDER AND DIRECT: 1. Phase 1 Business Reopening. To provide for a comprehensive plan for safe resumption of limited social, recreational, athletic, and economic activity, pursuant to rules issued by the Department of Economic and Community Development for each of various business sectors (individually and collectively, the “Sector Rules”), which Sector Rules shall constitute legally binding guidance, the following Executive Orders are repealed or amended effective at 12:01 a.m. on Wednesday, May 20, 2020, as provided herein: a. Reopening of Outdoor Dining. Executive Order No. 7D, Section 2 is amended to provide that outdoor dining shall be permitted at any restaurant, eating establishment, private club, or any location licensed for on-premise consumption of alcohol, in accordance with the provisions of Executive Order No. 7MM and the Sector Rules for Restaurants, as amended from time to time, and any Executive Order governing the sale or service of alcoholic beverages. Alcoholic beverages shall not be served except in conjunction with the sale of food in accordance with the provisions of Executive Order No. 7MM. The remaining provisions of Executive Order No. 7D, Section 2, which prohibits indoor dining and, which, as amended, prohibits the sale of alcohol by such permittees without the sale of food, are extended through June 20, 2020. The provisions of Executive Order No. 7N, Section 2, establishing rules for restaurant takeout and delivery, shall remain in effect. b. Reopening of Offices. Executive Order No. 7H, Section 1 is extended through June 20, 2020, with the exception that offices shall be permitted to reopen pursuant to the Sector Rules for Offices, as amended from time to time. The provisions of Executive Order No. 7J, Section 1, allowing certain on-site staffing shall be superseded as applied to offices by the Sector Rules for Offices. c. Reopening of Retail and Malls. The following executive orders governing retail and mall operations are repealed: Executive Order Nos. 7F, Section 1 (“Large Shopping Malls”); 7N, Section 3 (restrictions on retail); 7S, Section 1 (“Safe Stores”); and the provisions regarding non-essential retail in Executive Order No. 7J, Section 1. Large Shopping Malls and retail establishments shall be permitted to operate pursuant to the Sector Rules for Retail and Malls, as amended from time to time. The “Safe Stores” rules issued by DECD pursuant to Executive Order No. 7S, Section 1, and referred to in Executive Order No. 7BB, Section 1, are superseded by the Sector Rules for Retail and Malls. d. Reopening for Museums and Zoos. Executive Order 7H, Section 1 and 7F, Section 2, are amended to permit the operation of museums and zoos pursuant to the Sector Rules for Museums and Zoos, as amended from time to time. e. Reopening of Outdoor Recreation and Other Businesses. Executive Order Nos. 7H, Section 1, and 7F, Section 2, are further amended to permit the operation of any businesses covered by the Sector Rules for General Business, as amended from time to time. The Commissioner of Economic and Community Development shall issue, not later than 10 a.m. on May 19, 2020, a list of business types permitted to reopen pursuant to such Sector Rules, which list may be amended from time to time and shall be incorporated in the Sector Rules. The remaining provisions of Executive Order 7F, Section 2, except for those referred to in subsection 1 (d) of this order, are extended through June 20, 2020. f. Additions to Businesses Permitted to Reopen Pursuant to Sector Rules. The Commissioner of Economic and Community Development may add, through amendments to any of the Sector Rules and without further Executive Order, businesses which may operate pursuant to such Sector Rules, and the effective date at which such additional businesses shall be permitted to reopen. For any additional business or business type permitted to operate through the Sector Rules, any prohibition on their operation contained in an Executive Order shall expire on the effective date of reopening. g. Interaction Between Essential Business Guidance, Safe Workplace Rules and Sector Rules. The Safe Workplace Rules for Essential Employers issued by DECD pursuant to Executive Order No. 7V, Section 1, shall remain in effect for all essential businesses not otherwise subject to the Sector Rules. The Sector Rules, as amended from time to time, shall apply to any business permitted to open pursuant to this order, and to any additional business allowed to open pursuant to amendments to the Sector Rules. 2. Enforcement of Sector Rules Governing the Reopening of Businesses. Section 1913-B1 of the Regulations of Connecticut State Agencies is modified to include in the definition of public nuisance a violation of the Sector Rules described in Section 1 of this order. The provisions of the Connecticut General Statutes, Regulations of Connecticut State Agencies, and any local rules, codes or ordinances pertaining to such public nuisances are, to the extent necessary, modified to permit and govern the investigation and enforcement of violations of the Sector Rules as public nuisances as follows: a. Local Health Director’s and District Health Director’s Authority to Enforce Sector Rules. For purposes of this order, a “Public Health Facility” shall include hair salons, barbershops, beauty shops, nail salons, spas, tattoo or piercing establishments, restaurants, eating establishments, private clubs, or any locations licensed for on-premise consumption of alcohol, that are allowed to reopen pursuant to the Sector Rules, as amended from time to time. Section 19a-206 of the Connecticut General Statutes and Section 19-13-B2(a) of the Regulations of Connecticut State Agencies are modified to authorize a local or district health director to order the closure of Public Health Facilities until such time as the local or district health director determines that the Public Health Facility has abated the nuisance by coming into compliance with the Sector Rules. Nothing in this Section shall be construed to limit, alter, modify or suspend any other existing penalties or enforcement powers that otherwise apply to violations of orders issued pursuant to a civil preparedness or public health emergency. b. Municipal Chief Executive Officer’s Authority to Enforce Sector Rules. Pursuant to Section 19a-2a of the Connecticut General Statues, the Commissioner of the Department of Public Health shall designate to municipal employees or officials selected by the municipal chief executive officer, (“Municipal Designee”) authority over public nuisances arising from violations of the Sector Rules by any business or entity that is not a Public Health Facility. A municipal chief executive shall not select a local health director, district health director, or the staff of a local or district health director as their Municipal Designee. Section 19a-206 of the Connecticut General Statutes and Section 1913-B2(a) of the Regulations of Connecticut State Agencies are modified to authorize the Municipal Designee to order the closure of any business other than a Public Health Facility in violation of the Sector Rules until such time as the Municipal Designee determines that the such business has abated the nuisance by coming into compliance with the Sector Rules. Nothing in this Section shall be construed to limit, alter, modify or suspend any other existing penalties that otherwise apply to violations of orders issued pursuant to a civil preparedness or public health emergency. 3. Extension of Prohibition on Large Gatherings to June 20, 2020. Executive Order Nos. 7D, Section 1, and 7N, Section 1, prohibiting large gatherings, are extended through June 20, 2020, and for the removal of all doubt, the prohibition on gatherings of more than five (5) people shall apply to any group seated together at any of the establishments in subsection 1 (a) of this order, and any other group activity permitted by the Sector Rules for any business sector or by the Essential Business Guidance issued by DECD pursuant to Executive Order No. 7H on March 22, 2020, as amended from time to time. 4. Extension of Restrictions on Off-Track Betting, Indoor Fitness, and Movie Theaters to June 20, 2020. Executive Order No. 7D, Section 3, prohibiting operations at Off-Track Betting Facilities; and Executive Order No, 7D, Section 4, prohibiting operations of any indoor gym, fitness center, or similar facility or studio offering inperson fitness, sporting or recreational opportunities or instructions, and all movie theaters, are extended through June 20, 2020. 5. Further Clarification of Limits on Restaurants, Bars and Private Clubs – Mixed Drinks Permitted for Takeout and Delivery. Executive Order Nos. 7G, 7T and 7MM, which address the sales of alcoholic beverages by certain liquor permittees, are modified to allow for the sale of closed or sealed containers of alcoholic beverages, including mixed drinks, so long as: (i) the sale of such alcoholic beverages is allowed under the permit type held by the business; (ii) all other conditions of the sale meet the requirements of the Governor’s executive orders; and (iii) the sale is consistent with local or municipal open container ordinances or other requirements. 6. Limitation on the Operation of Day Camps. To limit the spread of COVID-19 and promote and secure the health and safety of children and staff in day camps, all operations of day camps, as defined by Section 19a-420 (3) of the Connecticut General Statutes, which were not operating as of May 5, 2020 shall not begin operations until June 22, 2020. This order shall apply to all day camps without regard to what entity operates the day camp or whether the day camp is exempt from licensing requirements pursuant to Section 19a-420 of the Connecticut General Statutes, including camps operated by municipal agencies. 7. Enhanced Health Procedures for All Day Camps. All day camps, as defined by Section 19a-420 (3) of the Connecticut General Statutes, and day camp programs that are exempt from licensing requirements pursuant to Section 19a-420 without regard to what entity operates the day camp shall comply with the limitations on child group sizes and enhanced health procedure requirements placed on child care programs by Executive Order No. 7Q, and orders of the Commissioner of Early Childhood related to additional health and sanitation practices. The Commissioner of Early Childhood, in consultation with public health experts and the Reopen Connecticut Subcommittee on Education, shall issue guidance on the safe operation of day camps, and any implementing order she deems necessary consistent with this order. 8. Cancellation of Resident Camp Operations. To limit the spread of COVID-19 and secure the health and safety of children and staff of resident camps, all operations of resident camps, as defined by Section 19a-420 (2) of the Connecticut General Statutes are prohibited. 9. Limitation on the Operation of Summer Educational Programs Operated by Local or Regional Boards of Education. To limit the spread of COVID-19 and promote and secure the health and safety of children and staff in summer school (summer educational programs), all summer school programs operated by local or regional boards of education shall not begin operations until July 6, 2020. The Commissioner of Education, in consultation with public health experts and the Reopen Connecticut Subcommittee on PreK-12 Education, shall issue guidance on the limited operation of summer school programs that are permitted to engage in-person classes after that date, and may issue any implementing order he deems necessary consistent with this order and with his associated guidance document. Any private schools and other non-public schools that operate summer school programs and are not otherwise covered under sections 6 through 10 of this order are encouraged to follow the same schedule and guidance. 10. Suspension or Modification of Regulatory Requirements to Protect Public Health and Safety. Notwithstanding Sections 4-168 to 4-174, inclusive, of the Connecticut General Statutes, the Commissioner of Education may temporarily waive, modify or suspend any regulatory requirements adopted under Title 10 of the Connecticut General Statutes as he deems necessary to reduce the spread of COVID-19 and to protect the public health. Unless otherwise specified herein, this order shall take effect immediately and remain in effect for the duration of the public health and civil preparedness emergency, unless earlier modified, extended or terminated. Dated at Hartford, Connecticut, this 18th day of May, 2020. Ned Lamont Governor By His Excellency’s Command __________________________ Denise W. Merrill Secretary of the State EXHIBIT THREE Silvester & Kappes 300 State Street, Suite 507 ▪ New London, Connecticut 06320 ▪ (860) 278-2650 ▪ Fax (860) 727-9243 REOPENING PROCESSES HAIR SALONS & BARBERSHOPS In Phase 1, hair salons & barbershops will open at 50% capacity by appointment only, with waiting rooms closed. Services offered will be restricted to hairdressing and eyebrows, nothing that would require removal of a facemask (e.g., beard trimming, lip waxing, etc.). Blow drying only when necessary. INTRODUCTION HAIR SALONS & BARBERSHOPS OVERVIEW As Connecticut's hair salons and barbershops reopen, the most important consideration will be the health and safety of employees and patrons. Hair salons & barbershops are high-contact environments that necessitate interaction in violation of social distancing rules; however, adherence to the rules developed by the State of Connecticut can mitigate the risk this contact poses. Businesses should exercise caution throughout the phases of reopening, ensuring strict adherence to the protocols listed here. Those businesses that are not able to meet these by May 20, shall delay opening until they are able. While these rules provide a way for hair salons and barbershops to reopen as safely as possible, risks to customers and employees cannot be fully mitigated. Customers who choose to visit hair salons and barbershops during this time should be aware of potential risks. Individuals over the age of [65] or with other health conditions should not visit hair salons & barbershops, but instead continue to stay home and stay safe. Businesses shall take these rules as the minimum baseline of precautions needed to protect public health in Connecticut. Individual businesses should take additional measures as recommended by industry guidelines or by common sense applied to their particular situation. We urge customers to stay vigilant and pay attention as to whether establishments they frequent are faithfully implementing these rules. STATE GUIDANCE FOR HAIR SALONS & BARBERSHOPS These rules are intended to help hair salons and barbershops safely get back to work. The information here can be supplemented with guidance from professional organizations and by other industry groups, some of which are listed below. These rules may be updated. FURTHER RESOURCES Professional Beauty Association American Barber Association Associated Hair Professionals Occupational Safety and Health Administration https://www.probeauty.org/docs/default-source/co ronavirus-documents/pba-back-to-work-guidelines .pdf?sfvrsn=4afa9a9b_12 https://www.associatedhairprofessionals.com/back -to-practice 1 https://americanbarber.org/wp-content/uploads/2020/04 /The-American-Barber-Association-and-coronavirus.pdf https://www.osha.gov/Publications/OSHA3990.pdf REOPENING PROCESSES HAIR SALONS & BARBERSHOPS PLAN FOR R E OPE N I N G Share these rules with your employees and inform them of any additional specific measures being taken in response to COVID-19. P R O G R A M A D M IN IS T R A T O R Appoint a program administrator who is accountable for implementing these rules. TRAI N I N G The employer shall institute a training program and ensure employee participation in the program. There shall also be weekly refreshers on policies. The training shall be provided at no cost to the employee and during working hours. The training materials shall be presented in the language and at the literacy level of the employees. Training shall include: • The rules outlined in this document. • Protocols on how to clean and use cleaning products (incl. disinfectants) safely. Additional guidance can be found here: https://osha.washington.edu/sites/default/files/documents/FactSheet_Cleaning_Final_UWDEOHS_0.pdf Note: Ensuring subcontractors are trained is also the responsibility of the employers. CLEAN I N G PL AN Develop cleaning plans and checklists that incorporate these guidelines. Ensure it is clear which employees are responsible for implementing the plans. P E R S O N A L P R O T E C T IO N Estimate required personal protection for employees and begin procuring. THOROUG H C L E AN I N G Complete a thorough cleaning of facility prior to reopening, including, but not limited to: • Bathrooms, shampoo bowls, chairs and headrests, shears, combs, brushes, tweezers, razors, styling tools, rolling carts 2 REOPENING PROCESSES HAIR SALONS & BARBERSHOPS SHI FTS Stagger shift start/stop times, break times, and lunchtimes to minimize contact across employees. LO G E M P LO Y E E S Maintain a log of employees on premise over time, to support contact tracing. CERT I FI CATI ON Complete the self-certification on the DECD website to receive a Reopen CT badge. Once complete, businesses can choose to post the badge on-site and on social media to advertise adherence to CT rules and build customer confidence. Contactless payment encouraged Employees must wear face shields and a facemask or other cloth face covering No waiting areas, customers can be seen by appointment only Disinfect tools between customers Make hand sanitizer available at the entrance Arrange chairs so work areas are spaced at least 6ft apart Customers must wear a facemask or other cloth facing covering 3 PHYSICAL SPACE SETUP HAIR SALONS & BARBERSHOPS SI GN AGE Post clear signage that reinforces new policies (include signage in multiple languages where employees and/or clientele are not native English speakers), including: • Visits by appointment only • Social distancing, cleaning, and disinfection protocols • Personal protection protocols (face masks, gloves) for customers and employees • Employees shall stay home if sick/experiencing symptoms • Customers shall not enter if they are experiencing symptoms VEN TI LAT I ON Increase ventilation rates and increase the percentage outside air that circulates into the system where possible. In workplaces without a central air handling system, make every effort to bring in outside air by opening doors and windows. DI SCRET E WOR K Z ON E S Where possible, segment the workspace into discrete zones, prevent movement between zones and close spaces where employees congregate, (e.g., hair stylists work at same station during workday to minimize overlap). S O CIA L D IS T A N CIN G M A R K E R S Install visual social distancing markers to encourage customers to remain 6ft apart (e.g., at reception desk). W O R K S T A T IO N S E T UP • Rearrange space to maintain 6+  feet of distance between customers and limit movement of employees within facility • Stagger workstations and shampoo bowls • Install physical barriers where possible • Ask customers to wait in cars till appointment time; Close waiting rooms • Blow drying only when necessary S HA R E D E Q UIP M E N T Ensure employees do not share equipment to the extent possible. If shared, clean after each use. 4 PHYSICAL SPACE SETUP HAIR SALONS & BARBERSHOPS NON-ESSENTIAL AMENITIES Close or remove amenities non-essential to businesses' main function, including: • Magazines, pamphlets, other waiting room materials • Customer-facing water and coffee machines • Coat rooms – have customers bring their personal belongings to the workstation where they will be serviced. HOT LI N E F OR VI OL ATI ON S Post clear signage that includes the state hotline (211) for employees and customers to report potential violations of these rules. 5 TOUCHLESS APPLIANCES Install touchless appliances wherever possible, including: • Contactless payments • Paper towel dispensers • Soap dispensers • Trash cans (ensure bins have lids) PERSONAL PROTECTION HAIR SALONS & BARBERSHOPS PERSON AL PR OTE C TI ON F OR E M P LO Y E E S • All employees are required to wear face shields and a facemask or other cloth face covering that completely covers the nose and mouth, unless doing so would be contrary to his or her health or safety due to medical conditions. • Gloves optional; if used must be changed between customers. • Gloves and eye protection are required when using cleaning chemicals. EM PLO Y ER S AR E R E S PON S I BL E FO R P R O V ID IN G P E R S O N A L P R O T E C T IO N TO T HEI R EM PL OYE E S •If businesses do not have adequate personal protection, they cannot open. PERSON AL PR OTE C TI ON F OR C US T O M E R S • Customers are required to bring and wear masks or cloth face covering that completely covers the nose and mouth unless doing so would be contrary to his or her health or safety due to a medical condition. 6 CLEANING & DISINFECTING HAIR SALONS & BARBERSHOPS HAN D SANI TI Z E R Hand sanitizer shall be made available at entrance points and common areas, where possible. CLEANING OR DISINFECTING PRODUCTS &/OR DISPOSABLE WIPES Make available near commonly used surfaces, where possible including: • Cash registers • Phones • Computers • Credit card machines HA N D W A S HIN G Ensure employees wash their hands routinely (at minimum, between customers) using soap and water for at least 20 seconds. B A T HR O O M S Clean and disinfect frequently, implement use of cleaning log for tracking. Clean multiple times a day and hourly during busy times. • Reception desk • Light switches • Door handles LIN E N S A N D C A P E S • Launder with aggressive detergents. • Dry thoroughly and store in closed cabinets. SHAM PO O BOWL S Disinfect between customers. Allow disinfectant to soak in bowl for 10 minutes, then scrub down bowl and faucets/nozzles. CLEAN I N G & DI S I N F E C TI N G Disinfectants are irritants and sensitizers and should be used cautiously. Clean and disinfect frequently touched surfaces at least daily and if shared after each use. • Use products that meet EPA’s criteria for use against SARS-CoV-2 and that are appropriate for the surface. Prior to wiping the surface, allow the disinfectant to sit for the necessary contact time recommended by the manufacturer. Train staff on proper cleaning procedures to ensure safe and correct application of disinfectants. • Clean and disinfect workstations and tools between customers, including: • Station counters • Shears • Tweezers • Mirrors • Styling tools • Brushes and combs • Rolling carts • Drawers or any storage containers • Product on station • Chair and headrest Note: Store tools in closed containers or drawers when not in use. 7 HEALTH GUIDANCE FOR EMPLOYEES HAIR SALONS & BARBERSHOPS DAI LY HEAL TH C H E C K Ask employees resuming on-premise work to confirm they have not experienced COVID-19 CDC-defined symptoms and to monitor their own symptoms, including cough, shortness of breath, or any two of the following symptoms: • Fever • Chills • Repeated shaking with chills • Muscle pain • Headache • Sore throat • New loss of taste or smell Employees shall stay home if sick. I N THE EVE N T OF A POS I TI VE CO VI D-19 C AS E Employees shall inform their employers and follow state testing and contact tracing protocols. LE A V E Employers shall adhere to federal guidance pertaining to paid leave for employees and provide this guidance to employees.  Employers shall post the Families First Coronavirus Response Act (FFCRA) Department of Labor poster. The poster can be accessed at: https://www.dol.gov/agencies/whd/posters • Additional guidance can be accessed at: WHI ST LEBL OWE R PR OTE C TI ON Employers may not retaliate against workers for raising concerns about COVID related safety and health conditions. • Additional information can be accessed at www.OSHA.gov • Additional information for the public sector can be accessed at www.connosha.com 8 https://www.dol.gov/agencies/whd/pande mic/ffcra-employee-paid-leave EXHIBIT FOUR Silvester & Kappes 300 State Street, Suite 507 ▪ New London, Connecticut 06320 ▪ (860) 278-2650 ▪ Fax (860) 727-9243 The following checklist was developed using the ReOpen CT Committee document for hair salons and barbershops and released by the Governor’s office on 5/9/20. Inspection 5/20/20, 9am, Katie Baldwin, REHS Phase 1 – ReOpen Rules for Hair Salons and Barbershops (Hairdressing and Eyebrows Only) X ReOpen CT Badge available – Unavailable. Link was forwarded to Cat by Stacey in the 1st selectman’s office X Program Administrator identified for rule enforcement – Owner – Cat Thibodeau X Hand sanitizer available at entrances and common areas X Establishment operating at 50% capacity Staff X X X X X X X Documentation of employee training program for ReOpen Employee health policy in place with proper exclusion - Temperatures checked upon entry Cleaning check list with employee assignments developed – only Cat on premises Log of staff who are onsite at all times – only Cat on premises All staff wearing face masks or cloth face coverings AND a face shield needed – Provided by Town Glove use is optional. If worn, must be changed between clients – Nitrile and Latex available Appropriate hand washing procedures and frequency in place Guest Services  Blow drying only when necessary N/a X Customer required to wear face mask or face cloth covering X Touchless appliances available where possible (payment, soap and paper towel dispensers, garbage cans) Facilities X  X  X X Increased ventilation rates (if no central air system, open windows) – fan circulating Visible 6-foot social distance markers in place – N/a only 1 chair and 1 customer in operation Workstations 6 feet from one another and/or staggered Install physical barriers where possible – N/a Waiting area closed and customers waiting in cars Non-essential amenities removed Cleaning and Sanitizing X EPA Registered cleaners and sanitizers available – Lysol, Bleach, Barbecide, Shipshape X Implements and workstations cleaned and sanitized between clients N/o but stations and equipment clean  Avoid sharing equipment among staff. Clean and sanitize after each use if shared – N/a X Linens and capes shall be cleaned with aggressive detergents. Once fully dried, stored in closed cabinets X Cleaning products/disposable wipes near commonly used areas: cash registers, phones, credit card machines, reception desk, light switches, and door handles  Clean and disinfect shampoo bowls in between clients. Follow guidance on disinfectant for contact time N/o but does not typically wash hair. Waiting on plastic inserts for shampoo bowls X Eye protection and gloves available for cleaning with chemicals X Restroom cleaning log developed and increased cleaning frequency Required Signage for Staff and Clients X Visits by appointment only X Cleaning and disinfection protocols X Social distancing protocols X Personal protection protocols X Clients shall not enter if experiencing symptoms X Staff shall stay home if experiencing symptoms X State hotline 211 posted to report violations of these rules – Provided by Town * Details and Links to signage was provided to Cat by LLHD by referencing the document on the LLHD website. EXHIBIT FIVE Silvester & Kappes 300 State Street, Suite 507 ▪ New London, Connecticut 06320 ▪ (860) 278-2650 ▪ Fax (860) 727-9243 ORDER OF ABATEMENT OR TO CEASE AND DESIST DUE TO Ledge Light Health District 216 Broad Street A TRUE copy - NUISANCE New London, CT 06320 dull" In accordance with Executive Order AVIS . HO NO- CONNECTICUT marriage new LONDON 0??er HAL Instructions: This Order must be signed by the Local eaith Director or the Municipal Designee. All areas in boxes and bracketed areas must be compieted by preparer. Prepare in duplicate; and provide a copy to the Directed Person or Entity upon issuance;-a copy to be retained by preparer. Provide Directed Person or Entity with copy of Appeal Rights (attached) upon issuance. DIRECTED PERSON OR ENTITY: Cat Thibodeau, Owner of Modern Barber and Shave ADDRESS OF DIRECTED PERSON OR ENTITY: 89 Liberty Street Pawcatuck, CT 06379 a i ADDRESS OF THE PREMISES OWNED BY, OR UNDER THE CHARGE OF, THE PERSON OR ENTITY, WHERE VIOLATION EXISTS: Modern Barber and Shave 110 West Broad Street Pawcatuck, CT 06379 Type of Business allowed to reopen under the rules issued by the Department of Economic and Community Development (?Sector Rules?) Public Health El Other, Specify: ORDER: Cl Abatement Cease and Desist EFFECTIVE DATE OF ORDER: 3 Immediately Other, as speci?ed: 8:00 am, Thursday, May 21, 2020 NATURE OF NUISANCE and VIOLATION OF SECTOR RULES: The State of CT Governor announced on May 18, 2020 that hair salons and barber shops would not be allowed to reopen on May 20, 2020 as originally planned. Modern Barber and Shave opened for services to the public on May 20, 2020 against the Order of the Governor. ABATEMENT, CLOSURE and/or OTHER CORRECTIVE ACTION REQUIRED (ifapplicable): Establishment shall cease all services and remain closed until the reopening of hair salons and barber shops is permitted by the State of CT Governor?s Of?ce. DATE FOR ABATEMENT, CLOSURE and/or OTHER CORRECTIVE ACTION COMPLIANCE (if applicable): 8:00 am, Thursday, May 21, 2020 DATE OF INSPECTION: 5/2030 INSPECTOR NAME AND TITLE: Katie Baldwin, Supervisor of Regulated Facilities and Housing lam: Local Heaith Director or Ledge Light Health District El Municipal Designee of NAME (print) Stephen Mans?eld, REHS, MPH A SIGNATURE {in/AM TITLE: Director of Health I) DATE 5/21/20 RIGHT OF APPEAL: Connecticut General Statutes Sec. 19a?229 states ?Any person aggrieved by an order issued by a town, city or borough director of health may appeal to the Commissioner of Public Health not later than three business days after the date of such person?s receipt of such order, who shall thereupon immediately notify the authority from whose order the appeal was taken, and examine into the merits of such case, and may vacate, modify or affirm such order.? The Regulations of Connecticut State Agencies provide: Sec. 1921?9?14: Appeals of orders issued by a town, city, borough, or district director of health. Any person aggrieved by an order issued by a town, city, borough, or district director of health may appeal said order to the commissioner. The notice of appeal shall be filed with the commissioner not later than three business days after the date of such person?s receipt ofsuch order. The notice of appeal shall state: (1) the name, address, and telephone number of the person claiming to be aggrieved; (2) the name of the issuing authority; (3) the way in which the order adversely affects the person claiming to be aggrieved; (4) the order being appealed; and (5) the grounds for appeal. Telephonic notice of appeal to the o?ice of the commissioner shall be satisfactory as the initial notice of appeal, provided written notice of appeal from the person claiming to be aggrieved is received by the department within ten I 0) days of the telephonic notice. An appeal from an order issued by a town, city, borough, or district director of health shall be a de novo proceeding conducted in accordance with the regulations governing contested cases as set forth in sections l9a-9-l through l9a?9- 29 of the Regulations of Connecticut State Agencies. Any order issued by a town, city, borough, or district director of health shall include a notice of the right to appeal which shall indicate the name and telephone number of the commissioner or the commissioner?s designee, and shall be accompanied by copies of sections l9a?9-8 and 19a-9-i4 of the Regulations ofConneeticut State Agencies. Sec. 19a?9-8: Date due when due date falls on a date the department is closed. If the last day of any statutory or regulatory time frame falls on a day on which the department is closed, any paper may be filed, or any required action may be taken on the next business day the department is open. Such ?ling or action shall be deemed to have the same legal effect as if done prior to the expiration of the time frame. You may appeal the order by calling the Department not later than three business days after receipt of the order at the following number: (860) 509-7566. It is sufficient to leave a message with your name, number and, a description of the order you are appealing. The telephone call must be followed up with a written notice of appeal that must be received by the Department within ten days of the telephonic notice. PLEASE NOTE: It is not sufficient that the written notification be postmarked within ten days. It must be received by the department within ten days. Delays caused by the Post Office will not excuse failure to comply with this requirement. The written notice of appeal following the telephonic notice may be delivered to the Department by facsimile, electronic mail, or by ?rst class or certified mail to the following address: Facsimile: (860) 707-1904 Electronic mail: agnieszka.salek@ct.gov Regular mail: Department of Public Health Public Health Hearing Section 410 Capitol Avenue MS 13 PHO PD. Box 340308 Hartford, CT 06134?0308