UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA GREENVILLE DIVISION BEREAN BAPTIST CHURCH, RETURN AMERICA, INC., DR. RONNIE BAITY, and PEOPLE’S BAPTIST CHURCH, INC., CIVIL ACTION NO. Plaintiffs, v. GOVERNOR ROY COOPER, in his official capacity, Defendant, COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF Plaintiffs Berean Baptist Church (“Berean”), a North Carolina nonprofit corporation; Return America, Inc. (“Return America”), a North Carolina nonprofit corporation; Dr. Ronnie Baity, Pastor of the Church and President of Return America (“Dr. Baity”); and People’s Baptist Church, Inc., (“People’s”), a North Carolina nonprofit corporation, for their Complaint for Declaratory and Injunctive Relief against Defendant Roy Cooper in his official capacity as North Carolina Governor, allege as follows: EXIGENCIES REQUIRING TEMPORARY RESTRAINING ORDER 1. The State of North Carolina, as is the entire world, is suffering under the COVID-19 virus pandemic, to which Defendant North Carolina Governor Roy Cooper (“Gov. Cooper”) has responded with Executive Order No. 116 (“EO 116”) declaring a State of Emergency for North Carolina and thereafter with a series of Executive Orders Case 4:20-cv-00081-D Document 1 Filed 05/14/20 Page 1 of 18 attempting to prevent the spread of the virus within the State. (EO 116 is attached as Exhibit 1). 2. Plaintiffs bring this suit to challenge Gov. Cooper’s Executive Order Nos. 117, 120, 121, 135, and 138 issued March 14, March 27, March 23, April 23, and May 5, 2020, respectively, as being unconstitutional both facially and as applied to Plaintiffs, because they treat religious gatherings less favorably than similar secular gatherings, virtually banning religious assembly, are not narrowly tailored, and do not permit less restrictive means to achieve the government’s interest without burdening Plaintiffs’ rights as guaranteed by the U.S. Constitution’s First Amendment. (“EO 117,” “EO 120,” “EO 121,” “EO 135” “EO 138, and collectively as “Orders”). The Orders are attached as Exhibits 2, Exhibit 3, Exhibit 4, Exhibit 5, and Exhibit 6). 3. Governor Cooper’s Orders have been interpreted, applied, and enforced by his Office and local law enforcement authorities as prohibiting indoor gatherings for religious worship by more than 10 people. 4. The Orders are not neutral laws of general applicability because they target Constitutionally protected activity, significantly burdening the Plaintiffs’ right to freedom of religion and assembly, establishing an orthodox form of religious exercise approved by the State, all the while providing broad exemptions for many other gatherings of more than 10 people that are not constitutionally protected. 5. Absent emergency relief from this Court, Berean, People’s, Return America, and Dr. Baity, and all members and/or attendees of Plaintiffs’ entities will suffer immediate and irreparable injury from the threat of civil and criminal prosecution for the mere act of gathering for the free exercise of religion and in assembling for worship. If Plaintiffs do 2 Case 4:20-cv-00081-D Document 1 Filed 05/14/20 Page 2 of 18 not subscribe to what Governor Cooper has established as orthodox in a worship service, they risk criminal penalties, including imprisonment. JURISDICTION AND VENUE 6. This civil rights action raises federal questions under the United States Constitution, specifically the First and Fourteenth Amendments, and is brought pursuant to 42 U.S.C. § 1983. 7. This Court has jurisdiction over Plaintiffs’ federal claims under U.S. Const., Art. III., Sec. 2, and under 28 U.S.C. § 1331 and 1343. 8. This Court has authority to grant the requested declaratory relief under 28 U.S.C. §§ 2201 and 2202, the requested injunctive relief under 28 U.S.C. § 1343, and reasonable attorney fees and costs under 42 U.S.C. § 1988. 9. Venue is proper in this Court under 28 U.S.C. § 1391(b) because a substantial part of the events or omissions giving rise to the claims occurred in this district, a Plaintiff resides in this district, and all Plaintiffs reside in North Carolina. PLAINTIFFS 10. Plaintiff Berean Baptist Church is a non-profit church incorporated under the laws of North Carolina and organized exclusively for religious purposes within the meaning of § 501(c)(3) of the Internal Revenue Code. Berean Baptist Church is located in Winston Salem, North Carolina. 11. Plaintiff Return America, Inc., is a non-profit corporation incorporated under the laws of North Carolina and organized for religious and educational purposes 3 Case 4:20-cv-00081-D Document 1 Filed 05/14/20 Page 3 of 18 within the meaning of § 501(c)(3) of the Internal Revenue Code. Return America is located in Winston Salem, North Carolina. 12. Plaintiff Dr. Ronnie Baity serves as Pastor of Berean Baptist and President of Return America. 13. Plaintiff People’s Baptist Church is a non-profit church incorporated under the laws of North Carolina and organized exclusively for religious purposes within the meaning of § 501(c)(3) of the Internal Revenue Code. People’s Baptist Church is located in Greenville, North Carolina. DEFENDANT 14. Defendant Roy Cooper in his official capacity as Governor of the State of North Carolina (“Governor Cooper”), is responsible for enacting and enforcing the COVID-19 Executive Order at issue in this litigation and is sued in his official capacity only. FACTUAL BACKGROUND Plaintiffs’ Religious Gatherings 15. Plaintiff Berean Baptist Church has been operating in Winston-Salem, North Carolina, since November 1980. 16. Multiple times every week since that date, for almost 40 years, Berean has assembled its members and attendees in its church buildings in gatherings of more than 10 people to engage in religious worship as a body; it has been unable to do so since Defendant Gov. Cooper issued his Orders. 4 Case 4:20-cv-00081-D Document 1 Filed 05/14/20 Page 4 of 18 17. Dr. Ronnie Baity is the founder and Pastor of Berean, the President of Plaintiff Return America, and serves as a chaplain for the Winston-Salem Police Department. 18. Berean and its members, including Dr. Baity, who together make up Berean, believe that a physical assembly in one place on the Lord’s day, for mid-week services, in revivals, and for other special meetings is God-commanded part of their worship and that failure to assemble is a sin as violation of God’s commands as they interpret the Holy Bible in such verses as Hebrews 10:25, Romans 10:17, Acts 2:4 and 38; Ephesians 5:25-26. 19. Church attendance is of such ecclesiastical importance to Berean that under the Church’s Bylaws, the failure of a member to attend at least one regular worship service in two months subjects that member’s membership to automatic termination by Berean. 20. Berean is a large congregation, normally having 300 in attendance at its weekly Sunday morning worship assembly. 21. Return America, Inc., is a nonprofit organization that is comprised of a network of churches and individuals whose purpose it is to educate, motivate, and mobilize citizens in a united effort in promoting Judeo-Christian values; to educate and influence government in the principles upon which North Carolina and the USA were founded: the sanctity of life and protection of the unborn, the sanctity of marriage and family, Biblical morality, religious liberty, and the security of America. 22. Return America regularly conducts rallies, conferences, and other gatherings with more than 10 people; it has been prohibited from doing so since Governor Cooper issued his Orders. 5 Case 4:20-cv-00081-D Document 1 Filed 05/14/20 Page 5 of 18 23. Return America has over 130 supporting North Carolina churches and several hundred individuals within its network, with some 12,000 individuals attending Return America rallies. 24. Plaintiff People’s Baptist Church has been operating in Greenville, North Carolina for 58 years. 25. Multiple times every week since for those 58 years, People’s has assembled its members and attendees in its church buildings in gatherings of more than 10 people to engage in religious worship as a body; it has been unable to do so since Defendant Gov. Cooper issued his Orders. 26. People’s and its members believe that a physical assembly in one place on the Lord’s day, for mid-week services, in revivals, and for other special meetings is Godcommanded part of their worship and that failure to assemble is a sin as violation of God’s commands as they interpret the Holy Bible in such verses as Hebrews 10:25, Romans 10:17, Acts 2:4 and 38; Ephesians 5:25-26. 27. Church attendance is of such ecclesiastical importance to People’s that under the Church’s Bylaws, a qualification for membership is being engaged in regular church attendance and if a member fails to attend for six months may automatically be placed on the inactive list, losing their voice in church business affairs. 28. People’s is a large congregation, normally having 450 people at its Sunday morning worship service. 29. Plaintiffs have peaceably complied with the Orders that have limited their religious worship gatherings to 10 people or forced them to hold much less acceptable electronic meetings in furtherance of their strong interest in protecting the congregants of 6 Case 4:20-cv-00081-D Document 1 Filed 05/14/20 Page 6 of 18 the Churches, respect for and obedience to God’s command to obey authority, and assurances from Defendant Gov. Cooper that the restrictive measures imposed by the Orders would be very temporary. 30. Plaintiffs are now compelled to challenge the Orders in light of the glaring disparate, unequal, discriminatory, unfavored, hostile, and most restrictive treatment of Plaintiffs’ religious and other First Amendment gatherings over other, secular, gatherings; their congregants’ need comfort from their church after they have been forced to remain in their homes for weeks and weeks; the ever-lengthening infringement by the Orders upon their God-commanded duty to corporately assemble for worship in their houses of worship; and their concern over the State’s interference in the very form and method of their most important of their ecclesiastical functions—religious worship. The Governor’s Executive Orders 31. On March 10, 2020, Governor Cooper issued EO 116, declaring a State of Emergency, as defined in N.C. Gen. Stat. §§ 166A-19.3(6) and 166A-19.3(19) for the State of North Carolina based on the public health emergency posed by COVID-19. The State of North Carolina remains under the State of Emergency. (Exhibit 1). 32. On March 14, 2020, Gov. Cooper EO 117 prohibiting for thirty days “mass gatherings” of more than 100 people in a single room or single space at the same time, such as an auditorium, stadium, arena, large conference room, meeting hall, theater, or any other confined indoor or outdoor space.” (Exhibit 2). 33. Executive Order 117 excepted from the mass gathering prohibition numerous categories of gatherings, including “normal operations at airports, bus and train stations, 7 Case 4:20-cv-00081-D Document 1 Filed 05/14/20 Page 7 of 18 medical facilities, libraries, shopping malls and centers, or other spaces where more than one hundred (100) persons are gathered. It also does not include office environments, restaurants, factories, grocery stores or other retail establishments.” The Order authorized prosecution of violations of EO 117 as Class 2 misdemeanors. (Id.) 34. In further response to the COVID-19 emergency, Gov. Cooper issued EO 120 on March 23, to be in effect for 30 days, reducing the maximum number to 50 persons which could be lawfully gathered in a mass gathering, again excluding from the mass gathering definition “normal operations at airports, bus and train stations, medical facilities, libraries, shopping malls and centers,” as well as “office environments, factories, grocery stores, and child care facilities,” closing entertainment facilities and personal care and grooming facilities, and again authorizing the criminal prosecution of violations. (Exhibit 3). 35. By his March 27, 2020, EO 121, Gov. Cooper ordered all individuals in North Carolina to stay at home and practice social distancing as much as reasonably possible, and permitted individuals to leave their homes “only for Essential Activities, Essential Governmental operations, or to participate in or access COVID-19 Essential Business and Operations” as defined in EO 121. Section 2 of EO 121 listed thirty (30) “COVID-19 Essential Businesses and Operations.” Included as an essential business or operation was: 10. Religious entities. Religious facilities, entities, groups, gathering, including funerals. Also, services, counseling, pastoral care, and other activities provided by religious organizations to the members of their faith community. All of these functions are subject to the limitations on events or convenings in Section 3 of this Executive Order. (Emphasis added). 8 Case 4:20-cv-00081-D Document 1 Filed 05/14/20 Page 8 of 18 (Exhibit 4). 36. “Religious entities” was one of only two categories of the 30 Essential Businesses and Operations that were subject to EO 121’s Section 3 requirements. (Id.) 37. Section 3 of EO 121: first, rescinded the definitions from earlier COVID-19 Executive Orders that had defined “mass gatherings” as more than 100 people and then more than 50 people; second, newly defined “mass gathering” as “any event or convening that brings together more than ten (10) persons in a single room or single space as the same time; third, excluded from the ten-person limit “normal operations at airports, bus and train stations, medical facilities, libraries, shopping malls and centers” or any “COVID-19 Essential Business or Operation.” (Id.) 38. The only two COVID-19 Essential Business or Operation entities that were not excluded by EO 121 from the Section 3 limits were funerals, which were permitted up to 50 people, and religious entities which were still subjected to the low 10-person limit. (Id., at Section 2(C)(10) and 2(C)(29)). 39. The first category of EO 121’s list of COVID-19 Essential Business or Operation was “Businesses that meet Social Distancing Requirements,” which had no limit placed on the number of employees and customers allowed to gather except at the point of sale or purchase. (Id., at Section 2(C)(10) and 2(C)(1)). 40. It appeared that even if Plaintiffs religious entities complied with social distancing requirements, they would still be limited to no more than 10 people. 41. On April 23, 2020, Gov. Cooper issued EO 135, extending the mass gathering prohibition of EO 120 and all of EO 121 until May 8, 2020. (Exhibit 5). 9 Case 4:20-cv-00081-D Document 1 Filed 05/14/20 Page 9 of 18 42. On May 5, 2020, Gov. Cooper issued EO 138 in which he began lifting the stay at home order by permitting individuals to leave their homes beginning May 8, 2020, only for “Allowable Activities” as defined by the Order. Otherwise, individuals were ordered to continue to stay at home. (Exhibit 6). 43. Among EO 138’s allowable activities are “[t]o worship or exercise First Amendment rights.” (Id., at Section 2(C)(7)). 44. Mass gatherings of more than 10 people are still prohibited by EO 138. 45. Executive Order 138’s definition of “mass gathering” now excludes “gatherings for . . . worship, or exercise of First Amendment rights” (Id., at Section 6(A)), which would appear to exclude gathering for worship from the 10-person limit in “any confined indoor or outdoor space required of a “mass gathering.” 46. However, what Defendant giveth, Defendant taketh away, at least “for worship, or exercise of First Amendment rights”, because EO 138 then requires at least those two forms of gatherings with more than 10 people to “take place outdoors unless impossible” (Id., at Section 6(A)(C)). 47. Funerals are still considered a “mass gathering” in EO 138, but are permitted to gather up to 50 people (Id., at Section 6(D)). 48. Executive Order 138 also excludes from the definition of “mass gathering” events in which “the participants all stay within their cars, such as at a drive-in movie theater.” (Id., at Section 6(E)). 49. The Director of Legislative Affairs for the Office of Governor Roy Cooper notified Senators on May 11, 2020, that that office “has issued guidance to assist congregants and public officials regarding” “how religious worship services may be safely 10 Case 4:20-cv-00081-D Document 1 Filed 05/14/20 Page 10 of 18 convened. (May 11, 2020, Letter from the Office of the Governor to Senators with attached “EO 138 Phase One -- Guidance for Religious Services and Mass Gathering Restrictions” is attached as Exhibit 7). (“Guidance”). 50. The tortured interpretation by the Guidance of EO 138 as it applies to religious services--not a mass gathering under EO 138--is that “[i]ndoor worship services and weddings are allowed for gatherings of ten people or fewer in the same confined space.” (Id.). 51. The Guidance further interprets EO 138 to mean that churches may only assemble more than 10 people if they meet outdoors or indoors if it is “impossible” to meet outdoors, such as when “particular religious beliefs dictate that some or all of a religious service must be held indoors and that more than ten persons must be in attendance.” 52. Defendant’s Office’s interpretation of EO 138 has made the right to gather inside for religious worship dependent upon the religious beliefs of the gathering participant, not upon age, or health, or criminal background, or weight, but on holding an approved religious belief; if the participant does not hold the State’s established religious belief, he must gather for worship outside or inside with nine people or less. 53. The Guidance does not appear to interpret EO 138 to even allow worship services of more than 10 people to be held indoors even for Hurricane Florence. 54. By issuing the prohibitions and regulations in his Orders, Defendant Gov. Cooper exercised his legislative powers. 11 Case 4:20-cv-00081-D Document 1 Filed 05/14/20 Page 11 of 18 55. By ordering and directing enforcement of the Orders, Defendant Cooper has used his executive power to enforce, or promised to enforce, those same prohibitions and regulations. COUNT 1 (U.S. Const., First and Fourteenth Amendment – Free Exercise) 56. Plaintiffs hereby allege and incorporate by reference each and every allegation contained in paragraph 1 through 55 of this Complaint as though fully set forth herein. 57. The First Amendment of the United States Constitution provides that “Congress shall make no law… prohibiting the free exercise [of religion].” Under the Fourteenth Amendment, this prohibits every level of state and local government from making a law prohibiting the free exercise of religion. 58. On their face or as applied, the Orders violate the First Amendment Free Exercise and Assembly Clauses because they: a. constitute overbroad restrictions on the Plaintiffs’ rights to assemble to exercise their religious belief that they must worship together as a religious body as commanded by Scripture; b. place more stringent restrictions on the Plaintiffs’ gatherings than they place on a wide range of secular businesses such airports, bus and train stations, medical facilities, libraries, shopping malls, shopping centers, office environments, restaurants, factories, or grocery stores; 12 Case 4:20-cv-00081-D Document 1 Filed 05/14/20 Page 12 of 18 c. allow a large number of secular gatherings of more than 10 people, while prohibiting religious Plaintiffs’ gatherings of more than 10 people; and d. are not narrowly tailored, or the least restrictive means to accomplish a compelling governmental interest. 59. On their face or as applied, the Orders exempt from their ban on gatherings a large number of secular businesses and activities that are not protected by the Constitution, while not providing a sufficiently equivalent exemption for Plaintiffs’ First Amendment-protected activity. 60. On their face or as applied, the Orders impose a substantial burden upon Plaintiffs’ free exercise of religion, subjecting them to criminal sanctions for exercising their religious belief that they are commanded by God to gather their flocks together for religious worship in the building provided by God and long-dedicated to religious worship. 61. On their face or as applied, the Orders are not neutral, purporting to treat Plaintiffs’ religious activity differently and less favorably than other categories of activity, including gatherings as defined by the Orders. 62. On their face or as applied the Orders are not generally applicable, prohibiting the Plaintiffs’ congregants and members from gathering for religious services while allowing gatherings of unlimited numbers for substantially similar secular conduct. COUNT 2 (U.S. Const., First and Fourteenth Amendment – Establishment of Religion) 13 Case 4:20-cv-00081-D Document 1 Filed 05/14/20 Page 13 of 18 63. Plaintiffs hereby allege and incorporate by reference each and every allegation contained in paragraph 1 through 55 of this Complaint as though fully set forth herein. 64. The prohibition by the Orders of more than 10 people in a faith-based gathering purport to establish religion by dictating under penalties of criminal sanctions that Plaintiffs may only worship together in groups of 10 or fewer people or worship online, thereby establishing a state-approved orthodoxy for religious worship. 65. On their face or as applied, the Orders: a. permit the State to display impermissible hostility towards the Plaintiffs’ gatherings that it does not display to other, secular gatherings; b. show impermissible favoritism towards secular gatherings over the Plaintiffs’ religious gatherings; c. show impermissible favoritism towards religious worship gathering participants which hold state-approved religious beliefs over the Plaintiffs’ religious gatherings; d. excessively entangle the State with the manner, style, form, practices, or sacraments of Plaintiffs’ religious worship; and e. establish an acceptable method for the Plaintiffs’ religious exercise and worship, placing a numerical limitation on the scope of how the Plaintiffs’ religious exercise and worship may occur, and approving only State-mandated forms of worship; 14 Case 4:20-cv-00081-D Document 1 Filed 05/14/20 Page 14 of 18 COUNT 3 (U.S. Const., First and Fourteenth Amendment – Right to Assemble) 66. Plaintiffs hereby allege and incorporate by reference each and every allegation contained in paragraph 1 through 55 of this Complaint as though fully set forth herein. 67. The Orders’ ban on the Plaintiffs’ in-person religious worship services of more than 10 people while permitting larger gatherings for dozens of other, secular, activities does not serve any legitimate, rational, substantial, or compelling governmental interest. 68. As demonstrated by its many exemptions to the 10-people limit on gatherings, the State has alternative, less restrictive means to achieve any interest it may have in the Orders numerical limit upon the Plaintiffs’ gatherings. 69. In the absence of declaratory and injunctive relief, the Plaintiffs’ right to freedom of religion and right to peaceably assemble will be irreparably harmed. 70. The Plaintiffs have no adequate remedy at law. WHEREFORE, Plaintiffs respectfully request the Court to enter judgment against Defendant as follows: 1. Granting the Plaintiffs’ concurrently filed motion for a temporary restraining 2. Declaring enforcement of the Orders against Plaintiffs to be unlawful and/or order; a violation of the Plaintiffs’ rights; 3. Granting an order preliminarily, and thereafter, permanently enjoining Defendant and Defendant’s officers, agents, affiliates, servants, successors, employees, and 15 Case 4:20-cv-00081-D Document 1 Filed 05/14/20 Page 15 of 18 any other persons who are in active concert or participation with any of the foregoing persons from enforcing the Orders against Plaintiffs; 4. Entry of judgment for Plaintiffs and against Defendant for deprivation of rights, including an award of damages in an amount to be determined by the Court; 5. Awarding Plaintiffs’ costs and attorneys’ fees as authorized by Fed. R. Civ. P. 54, 42 U.S.C. § 1988, and any other applicable law. 6. Awarding such further relief as the Court deems just and proper. Date: May 14, 2020 Respectfully submitted, BEREAN BAPTIST CHURCH RETURN AMERICA, INC. DR. RONNIE BAITY PEOPLE’S BAPTIST CHURCH, INC By their attorneys, s/ Deborah J. Dewart Deborah J. Dewart N.C. Bar No. 30602 620 E. Sabiston Drive Swansboro, North Carolina 28584-9674 Telephone: (910) 326-4554 debcpa@earthlink.net s/ David C. Gibbs, Jr. David C. Gibbs, Jr.* Seth J. Kraus* Jonathan D. Gibbs* GIBBS & ASSOCIATES LAW FIRM, LLC 6398 Thornberry Ct. Mason, Ohio 45040 Telephone: (513) 234-5545 dgibbsjr@gibbs-lawfirm.com 16 Case 4:20-cv-00081-D Document 1 Filed 05/14/20 Page 16 of 18 skraus@gibbs-lawfirm.com jgibbs@gibbs-lawfirm.com *To appear pursuant to Local Rule 83.1 Counsel for Plaintiffs 17 Case 4:20-cv-00081-D Document 1 Filed 05/14/20 Page 17 of 18 VERIFICATION I declare under penalty of perjury that the foregoing Verified Complaint for Declaratory Judgment and Injunctive Relief has been examined by me and that the factual allegations therein are true to the best of my information, knowledge, and belief. Executed on this 13th day of May 2020. Pastor, Berean Baptist Church · ston-Salem, NC Dr. R Presiden , Return America, Inc. Winston-Salem, NC ,. : 18 Case 4:20-cv-00081-D Document 1 Filed 05/14/20 Page 18 of 18 Exhibit Case 4:20-cv-00081-D Document 1-1 Filed 05/14/20 Page 1 of 7 ?brin nf Earth @arnlirta ROYCOOPER GOVERNOR MARCH 10, 2020 EXECUTIVE ORDER NO. 116 DECLARATION OF A STATE OF EMERGENCY TO COORDINATE RESPONSE AND PROTECTIVE ACTIONS TO PREVENT THE SPREAD OF COVID-19 WHEREAS, is a respiratory disease that can result in serious illness or death by the virus. which is a new strain of coronavirus previously unidenti?ed in humans and which can spread from person to person; and WHEREAS, the World Health Organization declared 9 a Public Health Emergency of International Concern on January 30, 2020; and WHEREAS, the Centers for Disease Control and Prevention has warned of the high public health threat posed by 9 globally and in the United States and has deemed it necessary to prohibit or restrict travel to areas designated by the and WHEREAS, on January 2020. the United States Department of Health and Human Services Secretary declared a public health emergency in the United States for under Section 319 ofthe Public Health Service Act; and WHEREAS, the North Carolina Department of Health and Human Services confirmed multiple cases of in North Carolina as of March 10, 2020; and WHEREAS, has organized a Public Health lncident Management Team to manage the public health impacts of in this state; and WHEREAS, health insurance companies have begun to waive the costs for 9 testing and are encouraged to continue to ensure ease of access to health care for diagnostics and treatment without regard to the issue of cost or a patient?s ability to pay; and WHEREAS, first responders and health care professionals remain integral to ensuring the state is best situated to respond to and mitigate the threat posed by 9 and such first responders and health care professionals should have the availability of all necessary personal protective equipment and continue to follow all necessary response protocols; and WHEREAS, NC. Gen. Stat. l66A-l9.10 and l66A-l9.20 authorize the undersigned to declare a state of emergency and exercise the powers and duties set forth therein to direct and aid in response to, recovery from, and mitigation against emergencies; and WHEREAS, pursuant to NC. Gen. Stat. the undersigned, with the concurrence of the Council of State, may regulate and control the flow of vehicular traffic and the congregation of persons in public places or buildings: and WHEREAS, pursuant to NC. Gen. Stat. the undersigned, with the concurrence of the Council of State, may waive a provision of any regulation or ordinance ofa state agency which restricts the immediate relief ofhuman suffering; and Case Document 1-1 Filed 05/14/20 Page 2 of 7 WHEREAS, pursuant to NC. Gen. Stat. 166A- 1 the undersigned, with the concurrence of the Council of State, may perform and exercise other such functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population; and WHEREAS, pursuant to NC. Gen. Stat. the undersigned has authority to requisition state property and state resources to utilize state services, equipment, supplies and facilities in response to a state of emergency; and WHEREAS, pursuant to NC. Gen. Stat. l66A-19.70, the undersigned may declare that the health, safety, or economic well-being of persons or property requires that the maximum hours of service for drivers prescribed by NC. Gen. Stat. 20?381 and similar rules should be waived for essentials, as de?ned in NC. Gen. Stat. for assisting in the restoration of utility services; and WHEREAS, pursuant to NC. Gen. Stat. l66A-l upon the recommendation of the North Carolina Commissioner of Agriculture and the existence of an imminent threat of severe economic loss of livestock, poultry or crops ready to be harvested, the Governor shall direct the North Carolina Department of Public Safety to temporarily suspend weighing vehicles used to transport livestock, poultry or crops to include timber ready to be harvested; and WHEREAS, 49 C.F.R. 390.23 allows the governor of a state to suspend the rules and regulations under 49 C.F.R. 390-399 for up to thirty (30) days if the governor determines that an emergency condition exists; and WHEREAS, the undersigned, in consultation with the Secretary of has determined it is necessary and apprOpriate to act to ensure that remains controlled and that residents and visitors in North Carolina remain safe and secure; and WHEREAS, the undersigned has sought and obtained concurrence from the Council of State consistent with the Govemor?s emergency powers authority in NC. Gen. Stat. 166A-l9.30. NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina, IT IS ORDERED: Section 1. State of Emergency I hereby declare a State of Emergency, as de?ned in NC. Gen. Stat. and for the State of North Carolina based on the public health emergency posed by The emergency area, as de?ned in NC. Gen. Stat. 166A-l 9.3(7) and is the State of North Carolina (the ?Emergency Area?). Section 2. Application All state and local government entities and agencies are ordered to cooperate in the implementation of the provisions of this declaration and the provisions of the North Carolina Emergency Operations Plan (the ?Plan?). Section 3. Delegation of Authority I delegate to Erik A. Hooks, the Secretary of the North Carolina Department of Public Safety or his designee, the power and authority granted to and required of me by Article 1A of Chapter l66A of the North Carolina General Statutes for the purpose of implementing the Plan and deploying the State Emergency Response Team to take the appropriate actions necessary to promote and scoure the safety and protection of the populace in North Carolina. Secretary Hooks, or his designee, shall implement the Plan in coordination with the Secretary of the Department of Health and Human Services, Dr. Mandy Cohen, and the State Health Director, Dr. Elizabeth Tilson. Section 4. Exercise of Powers Further, Secretary Hooks, as Chief Coordinating Of?cer for the State of North Carolina, shall exercise the powers prescribed in NC. Gen. Stat. l43B?602 and l66A-19.1 1. Case Document 1-1 Filed 05/14/20 Page 3 of 7 Section 5. Maximum Hours of Service In order to ensure adequacy and location of supplies and resources to respond to DPS, in conjunction with the North Carolina Department of Transportation shall waive the maximum hours of service for drivers prescribed by DPS pursuant to NC. Gen. Stat. 20-381, if the driver is transporting medical supplies and other equipment in support of the Plan or other efforts to address the public health threat posed by through the duration of the State of Emergency or until further notice. Section 6. Height and Weight Restrictions DPS, in conjunction with DOT, shall waive certain size and weight restrictions and penalties arising under NC Gen. Stat. 20-1 16, 20-118, and 20-1 19, certain registration requirements and penalties arising under NC. Gen. Stat. IDS-449.45, 105-44947, and 105-449.49 for vehicles throughout the Emergency Area involved in transporting medical supplies and other equipment in support of the Plan or other efforts to address the public health threat posed by Furthermore, pursuant to NC. Gen. Stat. 20-1 18.1, DPS shall temporarily suspend weighing vehicles throughout the Emergency Area used to transport medical supplies and other equipment in support of the Plan or other efforts to address the public health threat posed by 9. Furthermore, pursuant to NC. Gen. Stat. 20-1 18.1, DPS shall temporarily suspend weighing vehicles used to transport livestock, poultry, or crops to include timber ready to be harvested and feed to livestock and poultry in the Emergency Area. Section 7. Unwaived Size and Weight Restrictiog 1. Notwithstanding the waivers set forth above in Section 6, size and weight restrictions and penalties have not been waived under the following conditions: a. When the vehicle weight exceeds the maximum gross weight criteria established by the manufacturer (GVWR) or 90,000 pounds gross weight, whichever is less. b. When the tandem axle weight exceeds 42,000 pounds and the single axle weight exceeds 22,000 pounds. c. When a vehicle and vehicle combination exceed twelve (12) feet in width and the total overall vehicle combination's length exceeds seventy-five (75) feet from bumper to bumper. d. Vehicles and vehicle combinations subject to exemptions or permits by authority of this Executive Order shall not be exempt from the requirement of having a yellow banner on the front and rear that is seven (7) feet long and eighteen (18) inches wide and bears the legend "Oversized Load" in ten (10) inch black letters, 1.5 inches wide and (ii) red flags measuring eighteen (18) inches square on all sides at the widest point of the load. When operating between sunset and sunrise, a certified escort shall be required for loads exceeding eight (8) feet 6 inches in width. 11. Vehicles subject to this Executive Order shall adhere to the following conditions: a. The size and weight exemption for vehicles will be allowed on all DOT designated routes, except those routes designated as light traffic roads under NC. Gen. Stat. 20- 1 18. This Order shall not be in effect on bridges posted pursuant to NC. Gen. Stat. 136-72. b. The waiver of regulations under Title 49 of the Code of Federal Regulations (?Federal Motor Carrier Safety Regulations?) does not apply to the Commercial Drivers? License and Insurance Requirements. This waiver shall be in effect for thirty (30) days or the duration ofthe emergency. whichever is less. c. Upon request by law enforcement officers. exempted vehicles must produce documentation sufficient to establish that their loads are limited to medical supplies and other equipment to be used in support of the Plan or other efforts to address the public health threat posed by 111. The North Carolina State Highway Patrol shall enforce the conditions set forth in Sections 5 through 8 of this Executive Order in a manner that does not endanger North Carolina motorists. Case Document 1-1 Filed 05/14/20 Page 4 of 7 Section 8. Additional Transportation Waivers Vehicles subject to this Executive Order shall be exempt from the following registration requirements: a. The requirement to obtain a temporary trip permit and pay the associated $50.00 fee listed in NC. Gen. Stat.? 105-44949. b. The requirement of ?ling a quarterly fuel tax return as the exemption in NC. Gen. Stat.? 1) applies. c. The registration requirements under NC. Gen. Stat.? 20-382.] concerning intrastate for hire authority and NC. Gen. Stat.? 20-382 concerning interstate for-hire authority; however, vehicles shall maintain insurance as required as required by law. d. Non-participants in North Carolina's International Registration Plan and International Fuel Tax Agreement will be permitted to enter North Carolina in accordance with the exemptions identified by this Executive Order. Section 9. Consumer Protection Pursuant to NC. Gen. Stat. l66A?l9.23, this declaration triggers the prohibition against excessive pricing as provided in NC. Gen. Stat. 75-37 and 75-38. I further hereby encourage the North Carolina Attorney General to use all resources available to monitor reports of abusive trade practices towards consumers and make readily available opportunities to report price gouging as well as unfair and deceptive trade practice under Chapter 75 of the North Carolina General Statutes to the public. Section 10. Task Force I hereby memorialize the establishment of the Govemor?s Novel Coronavirus Task Force on (?Task Force?). The Director of Emergency Management and the State Health Director shall continue to serve as co-chairs of the Task Force. The Task Force shall continue to work with state, local, and federal partners in responding to challenges posed by Section 11. State Employee Policy Guidance a. I hereby authorize hiring of temporary employees and contractors to support and local health departments in responding to the threats posed by b. I hereby authorize the State Health Director to monitor areas of concentration of l9 and make recommendations regarding travel restrictions for travel of state employees conducting state business. Agencies shall have the authority to cancel, restrict or postpone travel of state employees as needed to protect the wellbeing of others. Agencies are urged to cancel travel to restricted areas (as defined by the Division of Public Health and the CDC). Exceptions to travel restrictions may be needed based on the unique circumstances orjob duties of state employees. Section 12. Public Health Surveillance and Control Measures Notwithstanding the public health authorities in place under Chapter 130A of the North Carolina General Statutes, I hereby order the State Health Director to work with local health directors to implement public health surveillance and control measures where appropriate for individuals who have been diagnosed with or are at risk of contracting COVID- I 9 in order to control or mitigate spread of the disease. I hereby order the State Health Director to utilize all authorities under NC. Gen. Stat. Chapter to obtain infomation and records necessary to prevent, control, or investigate 19. Section 13. Laboratog; Testing I hereby order the State Health Director to work with the State Laboratory of Public Health to maximize the availability of laboratory testing for I further encourage private laboratories and universities to take all reasonable steps to expand testing capacity. Case Document 1-1 Filed 05/14/20 Page 5 of 7 Section 14. Right of Entg and Disinfection for Local Health Departments and Secreta? With the concurrence of the Council of State and notwithstanding the public health authorities in place under Chapter 130A of the North Carolina General Statutes, I hereby grant local health departments, the Secretary of and Division of Public Health employees serving the Secretary of agents, and on her direction, a right of entry into public places for the purposes of assisting with or investigating potential cases or exposure and requiring cleaning and disinfecting measures to help control transmission of Section 15. Cleaning of Regulated Facilities With the concurrence of the Council of State, I hereby waive restrictions related to the type of product or chemical concentration used to control 9 at facilities whose sanitation is regulated by if conducted and handled in a safe manner and approved by the local health department in consultation with the Division of Public Health of The State Health Director may issue additional orders or regulations consistent with the state?s Public Health Law to regulate the sanitation of public facilities regulated by or local health departments. Section 16. Out of State Health Care Licensure and Additional Testing Resources With the concurrence of the Council of State, I hereby temporarily waive North Carolina licensure requirements for health care and behavioral health care personnel who are licensed in another state, territory, or the District of Columbia to provide health care services within the Emergency Area. With the concurrence of the Council of State, and in the interest of alleviating immediate human suffering, nothing in Subchapters 32B, 32M, or 328 of Article 21 of the North Carolina Administrative Code shall be interpreted to prevent physicians, nurse practitioners, and physician assistants from issuing a standing order for quali?ed agents or employees who are working under the direct supervision of a physician, physician assistant or nurse practitioner to collect throat or nasopharyngeal swab specimens from individuals suspected of suffering from a 9 infection, for purposes of testing. Section 17. Federal Support I further direct Secretary Hooks, or his designee, to seek assistance from any and all agencies of the United States Government as may be needed to address the emergency and seek reimbursement for costs incurred by the state in responding to this emergency. Section 18. Local County Public Health Aid Funding Formula With the concurrence of the Council of State, I hereby grant the Secretary of or her designee, the authority to waive the formula requirements of 15A NCAC 18A .2901 and adjust aid-to- county funding, if a local health department?s resources are diverted in response to Section 19. Access to State Funds I hereby order access to the State Emergency Response and Disaster Relief Fund to the extent necessary to cover costs associated with responding to this State of Emergency as provided in NC. Gen. Stat. l66A-l 9.42, including but not limited to the substance of this Executive Order. Section 20. Purchase and Contract Regulation Waivers With the concurrence of the Council of State, I hereby temporarily waive Sections .0301 through .0317 of Chapter SB in Title 1 in the North Carolina Administrative Code to the extent necessary to permit DPS, and local governmental entities to enter into contracts to secure resources and equipment needed to respond to In addition to the provisions in Section 1 l, I further order all components of state government to expedite and prioritize the leasing of real property, including but not limited to, laboratories and health care facilities in order to provide the state with the resources needed to address Case Document 1-1 Filed 05/14/20 Page 6 of 7 Section 21. Cost Sharing Reduction Pursuant to NC. Gen. Stat. hereby direct and the North Carolina Department of Insurance to immediately work with health insurance plans operating in the state to identify any burdens for testing for as well as access to prescription drugs and telehealth services, as needed, in order to reduce cost-sharing (including, but not limited to, co-pays, deductibles, or coinsurance) to zero for all medically necessary screening and testing for 9. Section 22. Clinical Coverage Policv With the concurrence ofthe Council of State. and in order to provide the immediate relief of human suffering, I hereby temporarily waive the regulatory requirements and suspend the enforcement ofthe statutory requirements under NC. Gen. Stat. for modi?cations of Medicaid Clinical Coverage Policy. I order the Division of Health Benefits to create coverage policies necessary for Medicaid and Health Choice Bene?ciaries to receive medically necessary services for testing and treatment of and to create coverage policies or modify existing policies that will allow beneficiaries to continue to receive necessary services without disruption during the State of Emergency. Section 23. Ina licabili of Section 166A-19.30 This Executive Order does not prohibit or restrict lawfully possessed firearms or ammunition or impose any limitation on the consumption, transportation, sale or purchase of alcoholic beverages as provided in NC. Gen. Stat. Section 24. Distribution I hereby order that this Executive Order be: (1) distributed to the news media and other organizations calculated to bring its contents to the attention of the general public; (2) filed with the Secretary of DPS, the Secretary of State, and the superior court clerks in the counties to which it applies, unless the circumstances of the State of Emergency would prevent or impede such ?ling; and (3) distributed to others as necessary to ensure proper implementation ofthis Executive Order. Section 25. Effective Date This Executive Order is effective immediately and shall remain in effect until rescinded. IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this 10th day of March in the year of our Lord two thousand and twenty. I I Roy Coo?r Governor ATTEST: Elaine F. Marsh Secretary of State Case 4:20-cv-00081-D Document 1-1 Filed 05/14/20 Page 7 of 7 Exhibit Case 4:20-cv-00081-D Document 1-2 Filed 05/14/20 Page 1 of 4 ?51312 Hf 31111111 @arulina ROYCOOPER GOVERNOR March 14, 2020 EXECUTIVE ORDER NO. 117 PROHIBITING MASS GATHERINGS AND DIRECTING THE STATEWIDE CLOSURE OF K-12 PUBLIC SCHOOLS TO LIMIT THE SPREAD OF COVID-19 WHEREAS, the undersigned issued Executive Order No. 16 on March 10, 2020, which declares a State of Emergency to coordinate the State?s response and protective actions to address the Coronavirus Disease 2019 public health emergency and to provide for the health, safety, and welfare of residents and visitors located in North Carolina (?Declaration of a State of Emergency?); and WHEREAS, the undersigned established the Novel Coronavirus Task Force on COVID- 19 to work with state, local, and federal partners in responding to challenges posed by and WHEREAS, the World Health Organization declared a global pandemic on March 11, 2020; and WHEREAS, on March 1 1, 2020, the President of the United States took executive action to restrict travel from Europe into the United States of America; and WHEREAS, on March 13, 2020, the President of the United States declared the ongoing COVID-19 a pandemic of sufficient severity and magnitude to warrant an emergency declaration for all states, tribes, territories, and the District of Columbia pursuant to Section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the ?Stafford Act?); and WHEREAS, on March 13, 2020, the President of the United States pursuant to Sections 201 and 301 of the National Emergencies Act, 50 U.S.C. 1601, el seq. and consistent with Section 1 135 of the Social Security Act, as amended (42 U.S.C. 1320b?5), declared a national emergency that the outbreak in the United States constitutes a national emergency beginning March 1, 2020; and WHEREAS, the North Carolina Department of Health and Human Services con?rmed the number of cases in North Carolina continues to rise; and WHEREAS, Executive Order No. 116 invoked the Emergency Management Act, and authorizes the Governor to exercise the powers and duties set forth therein to direct and aid in the response to, recovery from, and mitigation against emergencies; and WHEREAS, has organized a Public Health Incident Management Team to manage the public health impacts of in this state; and WHEREAS, ?rst responders and health care professionals remain integral to ensuring the state is best situated to respond to and mitigate the threat posed by COVID-19 and such first responders and health care professionals should have the availability of all necessary personal protective equipment and continue to follow all necessary response protocols; and Case Document 1-2 Filed 05/14/20 Page 2 of 4 WHEREAS, pursuant to NC. Gen. Stat. the undersigned, with the concurrence of the Council of State, has the power to regulate and control the congregation of persons in public places or buildings; and WHEREAS, pursuant to NC. Gen. Stat. the undersigned, with the concurrence of the Council of State, may waive a provision of any regulation or ordinance of a state agency which restricts the immediate relief of human suffering; and WHEREAS, pursuant to NC. Gen. Stat. the undersigned, with the concurrence of the Council of State, may perform and exercise other such functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population; and WHEREAS, ?lrther action is necessary to protect the health and safety of the residents of North Carolina, slow the spread of the COVID- 9 outbreak, reduce the number of people infected, and avoid strain on our health care system; and WHEREAS, the undersigned has sought and obtained concurrence from the Council of State consistent with the Govemor?s emergency powers authority in NC. Gen. Stat. 166A-19.30. NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina, IT IS ORDERED: Section 1. Prohibition of Mass Gatherings Pursuant to NC. Gen. Stat. which allows for the undersigned to regulate and control the congregation of persons in public places or buildings and with the concurrence of the Council of State, to help protect the health and well-being of North Carolinians, I hereby prohibit mass gatherings in the State of North Carolina. a. A mass gathering is de?ned as any event or convening that brings together more than one hundred (100) persons in a single room or single space at the same time, such as an auditorium, stadium, arena, large conference room, meeting hall, theater, or any other con?ned indoor or outdoor space. This includes parades, fairs and festivals. b. A mass gathering does not include normal operations at airports, bus and train stations, medical facilities, libraries, shopping malls and centers, or other spaces where more than one hundred (100) persons are gathered. It also does not include of?ce environments, restaurants, factories, grocery stores or other retail establishments. c. Pursuant to NC. Gen. Stat. the provision of this section shall be enforced by state and local law enforcement of?cers. (1. Violations of this section or orders issued pursuant to NC. Gen. Stat. 166A-19.30 may be subject to prosecution pursuant to NC. Gen. Stat. and is punishable as a Class 2 misdemeanor in accordance with NC. Gen. Stat. 14-288.20A. Section 2. School Closures a. Pursuant to NC. Gen. Stat. which allows the undersigned to perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population, and with the concurrence of the Council of State, I hereby direct that all public schools close for students effective Monday, March 16, 2020 until March 30, 2020, unless extended beyond that date. b. Pursuant to NC. Gen. Stat. I hereby direct the North Carolina Department of Public Instruction, and the North Carolina State Board of Education to immediately work together to implement measures to provide for the health, nutrition, safety, educational needs and well-being of children during the school closure period. Case Document 1-2 Filed 05/14/20 Page 3 of 4 Section 3. Social Distancing In coordination with the State Health Director and alignment with guidance from the Centers for Disease Control and Prevention, all persons are urged to maintain social distancing (approximately six feet away from other people) whenever possible and to continue to wash hands, utilize hand sanitizer and practice proper respiratory etiquette (including coughing into elbow). Section 4. Distribution I hereby order that this Executive Order be: (I) distributed to the news media and other organizations calculated to bring its contents to the attention of the general public; (2) ?led with the Secretary of the North Carolina Department of Public Safety, the Secretary of State, and the superior court clerks in the counties to which it applies, unless the circumstances of the State of Emergency would prevent or impede such ?ling; and (3) distributed to others as necessary to ensure proper implementation of this Executive Order. Section 5. Effective Date With the exception of section 2. this Executive Order is effective immediately and shall remain in effect for thirty (30) days or until rescinded or superseded by another applicable Executive Order. An Executive Order rescinding the Declaration of a State of Emergency will automatically rescind this Executive Order. IN WITNESS WHEREOF, I have hereunto signed my name and af?xed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh. this 14?h day of March in the year of our Lord two thousand and twenty. Coope/ Governor ATTEST: Elaine F. Marsha Secretary of State Case 4:20-cv-00081-D Document 1-2 Filed 05/14/20 Page 4 of 4 Exhibit Case 4:20-cv-00081-D Document 1-3 Filed 05/14/20 Page 1 of 5 ?brin Hf Earth Glarnlirta ROYCOOPER GOVERNOR March 23, 2020 EXECUTIVE ORDER NO. 120 ADDITIONAL LIMITATIONS ON MASS GATHERINGS, RESTRICTIONS ON VENUES AND LONG TERM CARE FACILITIES, AND EXTENSION OF SCHOOL CLOSURE DATE WHEREAS, the undersigned issued Executive Order No. 1 16 on March 10, 2020, which declared a State of Emergency to coordinate the State?s response and protective actions to address the Coronavirus Disease 2019 9) public health emergency and to provide for the health, safety, and welfare of residents and visitors located in North Carolina (?Declaration of a State of Emergency?); and WHEREAS, the World Health Organization declared a global pandemic on March 1 1, 2020; and WHEREAS, on March 13, 2020, the President of the United States declared the ongoing outbreak a pandemic of sufficient severity and magnitude to warrant an emergency declaration for all states, tribes, territories, and the District of Columbia pursuant to section 501(b) ofthe Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the ?Stafford Act?); and WHEREAS, on March 13, 2020, the President of the United States pursuant to Sections 201 and 301 of the National Emergencies Act, 50 U.S.C. 1601, et seq. and consistent with Section 1135 of the Social Security Act, as amended (42 U.S.C. 1320b-5), declared that the COVID- 19 pandemic in the United States constitutes a national emergency beginning March 1, 2020; and WHEREAS, on March 14, 2020, the undersigned issued Executive Order No. 1 17, which prohibited mass gatherings to no more than one hundred (100) people in the State of North Carolina and closed K-1 2 public schools to limit the spread of and WHEREAS, on March 17, 2020, the undersigned issued Executive Order No. 118, which limited operations of restaurants and bars and broadened unemployment insurance benefits in response to 9; and WHEREAS, on March 20, 2020, the undersigned issued Executive Order No. 119, which provides provisions to improve access to childcare and helps facilitate critical motor vehicle operations; and WHEREAS, the North Carolina Department of Health and Human Services con?rmed the number of cases in North Carolina continues to rise and has lab documentation of community spread; and Case Document 1-3 Filed 05/14/20 Page 2 of 5 WHEREAS, on March 13, 2020, issued a document entitled ?Recommendations on Visitation in Long Term Care Facilities to Reduce Risk of Transmission of urging limitations on visitors at long term care facilities in the state to help limit the spread of among at-risk populations; and WHEREAS, has now recommended that increased measures are required to control the spread of in long term care settings; and WHEREAS, needed control cannot be imposed locally because local authorities in some jurisdictions have not enacted appropriate ordinances or issued appropriate declarations as authorized by NC. Gen. Stat. 166A-l9.3l; and WHEREAS, the area in which the emergency exists has spread across local jurisdictional boundaries, and the legal control measures of the jurisdictions are con?icting or uncoordinated to the extent that efforts to protect life and property are, or unquestionably will be, severely hampered; and WHEREAS, the area subject to the emergency is statewide, covering the jurisdictions of multiple city, county and tribal governments, thus making legal control measures dif?cult to coordinate and severely hampering efforts to protect life and property; and WHEREAS, the undersigned has determined that local control measures for the emergency, taken alone, are insuf?cient to assure adequate protection for lives and property because the scale of the emergency is so great that it exceeds the capability of local government of?cials to cope with it; and WHEREAS, the undersigned has determined that the measures identi?ed below are necessary for the purpose of taking care that North Carolinians health, safety, and welfare are protected in accordance with the laws of the state; and WHEREAS, further action is necessary to protect the health and safety of the residents of North Carolina, slow the spread of the 9 pandemic, reduce the number of people infected, avoid strain on our healthcare system, and to address adverse economic impacts that will lead to additional human suffering upon individuals adversely impacted by the pandemic; and WHEREAS, Executive Order No. 116 invoked the Emergency Management Act, and authorizes the Governor to exercise the powers and duties set forth therein to direct and aid in the response to, recovery from, and mitigation against emergencies; and WHEREAS, pursuant to NC. Gen. Stat. the undersigned may utilize all available state resources as reasonably necessary to cope with an emergency, including the transfer and direction of personnel or functions of state agencies or units thereof for the purpose of performing or facilitating emergency services; and WHEREAS, pursuant to NC. Gen. Stat. during a gubematorially declared state of emergency, the undersigned determined that local control of the emergency is insuf?cient to assure adequate protection for lives and property because the area in which the emergency exists has spread across local jurisdictional boundaries; and the legal control measures are con?icting or uncoordinated to the extent that efforts to protect life and property are, or unquestionably will be, severely hampered; and WHEREAS, based upon the ?ndings above, NC. Gen. Stat. and authorizes the Governor to prohibit or restrict the operation of business establishments, the congregation of people as well as the movement of people in public places and take other activities or conditions the control of which may be reasonably necessary to maintain order and protect lives or property during the state of emergency NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina, IT IS ORDERED: Case Document 1-3 Filed 05/14/20 Page 3 of 5 Section 1. Mass Gathering For the reasons and pursuant to the authority set forth above: a. Executive Order No. 117 1 is amended as follows: 1. A mass gathering is de?ned as any event or convening that brings together more than ?fty (50) persons in a single room or single space at the same time, such as an auditorium, stadium, arena, large conference room, meeting hall, or any other con?ned indoor or outdoor space. This includes parades, fairs and festivals. 2. A mass gathering does not include normal operations at airports, bus and train stations, medical facilities, shopping malls and centers. It also does not include of?ce environments, factories, grocery stores, and child care facilities. 3. Pursuant to NC. Gen. Stat. and 1930(0), the provision of this section shall be enforced by state and local law enforcement of?cers. b. In addition to the restrictions on mass gatherings identi?ed in Executive Order No. 117 1, entertainment facilities without a retail or dining component are ordered to close at 5:00 pm on Wednesday, March 25, 2020, though any retail or dining component may operate within that establishment solely for that purpose. Any dining facilities may operate only within the restrictions for restaurants as set out in Executive Order No. 1 18. These facilities include, but are not limited to, the following types of business: I Bingo Parlors, including Bingo sites operated by charitable organizations I Bowling Alleys Indoor Exercise Facilities gyms, yoga studios, martial arts facilities, indoor trampoline and rock climbing facilities) Health Clubs Indoor/ Outdoor Pools Live Performance Venues Movie Theaters Skating Rinks Spas Gaming and business establishments which allow gaming activities video poker, gaming, sweepstakes, video games, arcade games, pinball machines or other computer, electronic or mechanical devices played for amusement) c. In addition, because the ability to practice the social distancing necessary to reasonably protect against COVID-19 is signi?cantly reduced in certain establishments where individuals are in close proximity for extended periods of time, or service personnel are in direct contact with clients, personal care and grooming businesses, including but not limited to the following, are also ordered to close: Barber Shops Beauty Salons (including waxing and hair removal centers) Hair Salons Nail Salons/Manicure/Pedicure Providers Massage Parlors Tattoo Parlors d. Violations of this section or orders issued pursuant to NC. Gen. Stat. 166A-19.30 may be subject to prosecution pursuant to NC. Gen. Stat. and are punishable as a Class 2 misdemeanor in accordance with NC. Gen. Stat. l4-288.20A. Section 2. Mandato? Local Government Operations a. Consistent with my authority under NC. Gen. Stat. and and to the extent that local government functions are required under state and federal law, I hereby direct the appropriate local government agencies and of?cials to continue to exercise their responsibilities, including but not limited to local county Department of Social Services Case Document 1-3 Filed 05/14/20 Page 4 of 5 of Social Services of?ces, Health Departments, Registers of Deeds, and other local government functions that are required to protect lives and property. b. Notwithstanding Section of this Section, local government must take appropriate precautions to maintain the health of the general public and their employees who are required to perform their of?cial duties in a manner that brings them in contact with the general public by putting in place appropriate public health measures, such as social distancing, use of reasonable personal protective equipment, and offering reasonable accommodations to employees who provide services to the public with consideration for their health. Section 3. Long Term Care Visitation Limitations a. Long term care facilities shall restrict visitation of all visitors and non-essential health care personnel, except for certain compassionate care situations, for example, an end- of~life situation. b. This restriction does not include essential health care personnel. c. For purposes of this Executive Order only, long term care facilities include all of the following: i. Skilled nursing facilities; ii. Adult care homes; Family care homes; iv. Mental health group homes; and v. Intermediate care facilities for individuals with intellectual disabilities. Section 4. Continued School Closure For the reasons and pursuant to the authority set forth above: Executive Order No. 1 17 2 is amended as follows: I hereby direct that all public schools close for students effective Monday, March 16, 2020, as set forth in Executive Order No. 1 17, through Friday, May 15, 2020, unless extended beyond that date. Section 5. Effective Date This Executive Order is effective at 5:00 pm Wednesday, March 25, 2020, and shall remain in effect for thirty (30) days unless rescinded or superseded by another applicable Executive Order. Section 4 of this Executive Order is effective Monday, March 16, 2020, as set forth in Executive Order No. 1 17, through Friday, May 15, 2020. An Executive Order rescinding the Declaration of a State of Emergency will automatically rescind this Executive Order. IN WITNESS WHEREOF, I have hereunto signed my name and af?xed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this 23rd day of March in the year of our Lord two thousand and twenty. I Roy Coope/ Governor ATTEST: Elaine F. Mars a Secretary of State Case 4:20-cv-00081-D Document 1-3 Filed 05/14/20 Page 5 of 5 Exhibit Case 4:20-cv-00081-D Document 1-4 Filed 05/14/20 Page 1 of 11 ~hdr of ~ort4 Qlarolina ROY COOPER GOVERNOR MA RCH 27, 2020 EXECU TIVE ORDER NO. 121 STAY AT HOME ORDE R AND STRA TEGIC DIRECTIONS FO R NORTH CAROLINA IN RESPONSE TO INCREASING COVID-19 CASES WHEREAS, on March 10, 2020, the unders igned issued Execut ive Order No . 116 which declared a State of Emergency to coordinate the State's response and protective actions to address the Coronavirus Diseas e 2019 (COVID -19) publ ic health emergency and to provide for the hea lth, safety, and we lfare of residents and visitors located in North Carolina ("Declaration of a State of Emergency "); and WHEREAS , on March 11, 2020 , the World Health Organization dec lared COVID -19 a globa l pandemic; and WHEREAS , on March 13, 2020, the President of the United States declared the ongoing COVID - 19 outbreak a pandemic of suffic ient severity and magnitude to wa1Tant an emergency declarat ion for all states, tribe s, territories, and the District of Columbia pursuant to Section 501(b) of the Robert T. Stafford Disa ster Relief and Emerge ncy Assistance Act , 42 U.S.C. 5 12 1-5207 (the " Stafford Act"); and WHEREAS , on March 13, 2020 , the President of the United States pursuant to Sections 20 1 and 301 of the National EmergenciesAc t , 50 U.S.C. § 160 1, et seq . and con sistent with Section 1135 of the Social Security Act , as amended (42 U.S.C. § 1320b -5) , dec lared that the COV ID- 19 pandemic in the United States constitutes a nationa l emergency , retroacti ve to March I, 2020; and WHERE AS, the unders igned has issued Execut ive Order Nos. 117 - 120 for the purposes of protecting the health , safety and we lfare of the peop le of North Carolina; and WHEREAS , on March 25, 2020, the President of the United States, pursuant to Section 401 of the Stafford Act, approved a Major Disaste r Declaration, FEMA-4487-DR, for the State of North Carolina; and WHEREAS, on March 27, 2020, the North Carolina Departme nt of Health and Human Services ("NCDHHS") has documented 763 cases of COVID - 19 across 60 countie s, and has identified the occurrence of widesp read community transmission of the virus ; and WHEREAS , hospital adminis trators and health care provide rs have expressed conce rns that unless the spread of COVID - 19 is limited, exist ing hea lth care faci lities may be insufficient to care for those who become sick; and Case 4:20-cv-00081-D Document 1-4 Filed 05/14/20 Page 2 of 11 WHEREAS, to mitigate community spread of COVID-19 and to reduce the burden on the state's health care providers and facilities, it is necessary to limit unnecessary person-to-person contact in workplaces and communities; and WHEREAS, such limitations on person-to-person contact are reasonably necessary to address the public health risk posed by COVID-19; and WHEREAS, some areas of the state have seen more rapid and significant spread of COVID-19 than others, and some but not all local authorities have taken steps to address community spread of the illness in their communities; and WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.30(c)(i), the undersigned has determined that local control of the emergency is insufficient to assure adequate protection for lives and property ofNorth Carolinians because needed control cannot be imposed locally because not all local authorities have enacted such appropriate ordinances or issued such appropriate declarations restricting the operation of businesses and limiting person-to-person contact in workplaces and communities; and WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.30(c)(ii), the undersigned has determined that local control of the emergency is insufficient to assure adequate protection for lives and property of North Carolinians because some but not all local authorities have taken implementing steps under such ordinances or declarations, if issued, in order to effectuate control over the emergency that has arisen; and WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.30(c)(iii), the undersigned has determined that local control of the emergency is insufficient to assure adequate protection for lives and property of North Carolinians because the area in which the emergency exists spreads across local jurisdictional boundaries and the legal control measures of the jurisdictions are conflicting or uncoordinated to the extent that efforts to protect life and property are, or unquestionably will be, severely hampered; and WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.30(c)(iv), the undersigned has determined that local control of the emergency is insufficient to assure adequate protection oflives and property of North Carolinians because the scale of the emergency is so great that it exceeds the capability of local authorities to cope with it; and WHEREAS, Executive Order No. 116 invoked the Emergency Management Act, and authorizes the undersigned to exercise the powers and duties set forth therein to direct and aid in the response to, recovery from, and mitigation against emergencies; and WHEREAS, N.C. Gen. Stat. § 166A-19.10(b)(3) authorizes and empowers the undersigned to delegate any Gubernatorial vested authority under the Emergency Management Act and to provide for the subdelegation of any authority; and WHEREAS, N.C. Gen. Stat.§ 166A-l 9.30(c) in conjunction with N.C. Gen. Stat.§ 166A19.3 l(b)(l) authorizes the undersigned to prohibit and restrict the movement of people in public places, including by: (a) imposing a curfew; (b) directing and compelling the voluntary or mandatory evacuation of people from an area; (c) prescribing routes, modes of transportation and destinations in connection with evacuation; (d) controlling the movement of persons within an emergency area; and (e) closing streets, roads, highways, and other areas ordinarily used for vehicular travel, except to the movement of persons necessary for recovery from the emergency; and WHEREAS, N.C. Gen. Stat.§ 166A-19.30(c) in conjunction with N.C. Gen. Stat.§ 166A19.3 l(b)(2) authorizes the undersigned to prohibit and restrict the operation of offices, business establishments and other places to and from which people may travel or at which they may congregate; and WHEREAS, N.C. Gen. Stat.§ 166A-19.30(c) in conjunction with N.C. Gen. Stat.§ 166A19.31(b)(5) authorizes the undersigned to prohibit and restrict activities which may be reasonably necessary to maintain order and protect lives and property during a state of emergency; and Case 4:20-cv-00081-D Document 1-4 Filed 05/14/20 Page 3 of 11 WHEREAS, pursuant to N.C. Gen. Stat. § I 66A-l 9.30(a)(2), during a Gubernatorially declared State of Emergency, the undersigned has the power to "give such directions to state and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with the provisions of this Article". NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina, IT IS ORDERED: Section 1. Stay at Home 1. Stay at home or place of residence. All individuals currently in the State of North Carolina are ordered to stay at home, their place of residence, or current place of abode, (hereinafter "residence") except as allowed in this Executive Order. To the extent individuals are using shared or outdoor spaces when outside their residence, they must at all times and as much as reasonably possible, maintain social distancing ofat least six (6) feet from any other person, with the exception of family or household members, consistent with the Social Distancing Requirements set forth in this Executive Order. All persons may leave their homes or place of residence only for Essential Activities, Essential Governmental Operations, or to participate in or access COVID-19 Essential Businesses and Operations, all as defined below. Individuals experiencing homelessness are exempt from this Executive Order, but are strongly urged to obtain shelter that meets Social Distancing Requirements. Individuals whose residences are unsafe or become unsafe, such as victims of domestic violence, are permitted and urged to leave their home and stay at a safe alternative location. 2. Prohibited and permitted travel. Only travel for Essential Activities permitted. People riding on public transit must comply with Requirements to the greatest extent feasible. This Executive Order within, or out of the State to maintain COVID-19 Essential Businesses Minimum Basic Operations. as defined herein is Social Distancing allows travel into, and Operations and 3. Leaving the home and travel for Essential Activities is permitted. For purposes of this Executive Order, individuals may leave their residence only to perform any of the following Essential Activities: i. For health and safety. To engage in activities or perform tasks essential to their health and safety, or to the health and safety of their family or household members or persons who are unable to or should not leave their home (including, but not limited to, pets), such as, by way of example only and without limitation, seeking emergency services, obtaining medical supplies or medication, or visiting a health care professional or veterinarian. ii. For necessary supplies and services. To obtain necessary services or supplies for themselves and their family or household members or persons who are unable or should not leave their home, or to deliver those services or supplies to others, such as, by way of example only and without limitation, groceries and food, household consumer products, supplies they need to work from home, automobile supplies (including sales, parts, supplies, repair and maintenance), and products necessary to maintain the safety, sanitation, and essential operation of residences or places of employment. iii. For outdoor activity. To engage in outdoor activity, provided individuals comply with Social Distancing Requirements and Mass Gatherings, as defined below, such as, by way of example and without limitation, walking, hiking, running, golfing, or biking. Individuals may go to public parks and open outdoor recreation areas. However, public playground equipment may increase spread of COVID-19, and therefore shall be closed. These activities are subject to the limitations on events or convenings in Section 3 of this Executive Order. Case 4:20-cv-00081-D Document 1-4 Filed 05/14/20 Page 4 of 11 iv. For certain types of work. To perform work at businesses authorized to remain open under Section 2 of this Executive Order (which, as defined below, includes Healthcare and Public Health Operations, Human Services Operations, Essential Governmental Operations, and Essential Infrastructure Operations) or to otherwise carry out activities specifically permitted in this Executive Order, including Minimum Basic Operations. v. To take care of others. To care for or assist a family member, friend, or pet in another household, and to transport family members, friends, or pets as allowed by this Executive Order. This includes attending weddings and funerals provided individuals comply with Social Distancing Requirements and Mass Gatherings as set forth below. vi. Place of worship. Travel to and from a place of worship. vii. To receive goods and services. To receive goods and services provided by a COVID-19 Essential Business or Operation. viii. Place of residence. To return to or travel between one's place or places of residence for purposes including, but not limited to, child custody or visitation arrangements. 1x. Volunteering. To volunteer with organizations that provide charitable and social services. Section 2. COVID-19 Essential Businesses and Operations In order to slow the spread of COVID-19, it is necessary to reduce the instances where individuals interact with one another in a manner inconsistent with the Social Distancing Requirements set forth below. Many of those interactions occur at work. At the same time, it is necessary that certain businesses, essential to the response to COVID-19, to the infrastructure of the State and nation, and to the day-to-day life of North Carolinians, remain open. A. In light of the above considerations, non-essential business and operations must cease. All businesses and operations in the State, except COVID-19 Essential Businesses and Operations as defined below, are required to cease all activities within the State except Minimum Basic Operations, as defined below. For clarity, businesses, including home-based businesses, may also continue operations consisting exclusively of employees or contractors performing activities at their own residences (i.e., working from home). B. All COVID-19 Essential Businesses and Operations are directed, to the maximum extent possible, to direct employees to work from home or telework. C. For purposes of this Executive Order, a COVID-19 Essential Business and Operation includes the following businesses, not-for-profit organizations and educational institutions. 1. Businesses that meet Social Distancing Requirements. Businesses, not-for-profit organizations or educational institutions that conduct operations while maintaining Social Distancing Requirements: a. Between and among its employees; and b. Between and among employees and customers except at the point of sale or purchase. Case 4:20-cv-00081-D Document 1-4 Filed 05/14/20 Page 5 of 11 2. Businesses operating in CISA identified sectors. Businesses, not-for-profit organizat ions or educational institution s operating in the federa l critical infrastructure sectors as outlined at https://www.ci sa.gov/identifving -critical -infrastructure-duringcovid-l 9 or any subsequent guidance issued by the U.S. Department of Homeland Security .that amends or replaces said guidance. 3. Healthcare and Public Health Operations. Healthc are and Public Health Operations includes, but is not limited to : hospita ls; cl inics; dental offices ; pharmacies; laboratories and laborato1y service providers; public health entities , including those that compile, model, analyze and comm unicat e public health inform ation; pharmaceutical, pharmacy, medical device and equip ment , and biotechnology and agr icultural biotechnology companies (including operations, resea rch and development , manufacture, and supply chain); organizations collecting blood, platelets, plasma, and other necessa ry materials ; obstetricians and gynecolog ists; eye care centers , including those that sell glasses and contact lenses; dietary supp lement retailers ; naturopathic healthcare providers; home healthcar e services provid ers; loca l management ent ities/managed care organizations (LME/ MCO); mental health and substance use providers; other hea lthcare facilities and suppli ers and providers of any related and/or ancillary healthcare services; and entities that transport and dispose of med ical mater ials and remains . Specifically included in Healthcare and Public Health Operations are manufacturers , technicians, logistics, and warehouse operators and distributors of medica l equip ment , persona l protecti ve equipme nt (PPE), medica l gases, pharmaceutical s, blood and blood products , vacc ines, testing materials, laboratory supplies , cleaning, sanitizing, disinfecting or steriliza tion supplies, and tissue and paper towe l products. Hea lthcare and Public Hea lth Operations also includ es veterinary care and all healthcare services provided to ani mals. Healthcare and Public Health Operations shall be construed broad ly to avoid any impacts to the delivery of healthcare, or public health operations broadly defined. Healthcare and Public Health Operations does not include those businesses ordered to close by Executive Order No. 120. 4. Human Services Operations. Human Services Operations includes, but is not limited to: long -term care facilities; child care centers , family child care homes; residential sett ings and shelters for adults, sen iors, children, and/or people with developmenta l disabilities, intellectual disabi lities, substance use disorders, and/or mental illness; transitional facilities; home-based settings to provide serv ices to individuals with physical, intellectual , and/or developmental disabi lities, sen iors , adults, and children; field offices that provide and help to determine eligibility for basic needs , including food, cash assistance , medical coverage, child care, child support serv ices, vocational services , rehabili tation services; developmenta l centers; adoption agencies ; businesses that provide food , shelter, social services, transportation and other necessi ties of life for econo mica lly disadvantaged individuals , indiv iduals with physical , intellectual , and/or developmental disabilities , or otherwise needy individua ls. Human Services Operat ions shall be construed broadly to avo id any impacts to the delivery of human services , broad ly defined. 5. Essential Infrastructure Operations . Essent ial Infrastructure Operations inc ludes , but is not limited to: food and beverage production , distribution , fulfillment centers , storage facilities; construction (including, but not limited to, construction required in response to this public health emerge ncy, hosp ital construction , construction of long term care facilities , public works construction , schoo l construct ion, and essent ial commercial and housing construct ion) ; bui lding and grounds management and maintenance including landscaping; airport operations; operat ion and maintenance of utilities, including water , sewer , and gas; electr ical (inc luding power generat ion, distribut ion, and production of raw materials); distribution centers; oil and biofuel refining ; roads, highways , railroads , and public transportation; ports; cybersecurity operations ; flood control; solid waste and recycling co llection and removal ; and internet, video and telecommun icat ions systems (includ ing the provision of essentia l global , national and local infrastructure for computing services , business infrastructure , commun icat ions, and web-based serv ices). Case 4:20-cv-00081-D Document 1-4 Filed 05/14/20 Page 6 of 11 (including the provision of essential global, national and local infrastructure for computing services, business infrastructure, communications, and web-based services). Essential Infrastructure Operations shall be construed broadly to avoid any impacts to essential infrastructure, broadly defined. 6. Essential Governmental Operations. Essential Governmental Operations means all services provided by the State or any municipality, township, county, political subdivision, board, commission or agency of government and needed to ensure the continuing operation of the government agencies or to provide for or support the health, safety and welfare of the public, and including contractors performing Essential Governmental Operations. Each government body shall determine its Essential Governmental Operations and identify employees and/or contractors necessary to the performance of those functions. For purposes of this Executive Order, all first responders, emergency management personnel, emergency dispatchers, legislators, judges, court personnel, jurors and grand jurors, law enforcement and corrections personnel, hazardous materials responders, child protection and child welfare personnel, housing and shelter personnel, military, and other governmental employees working for or to support COVID-19 Essential Businesses and Operations are categorically exempt from this Executive Order. This Executive Order does not apply to the United States government. Nothing in this Executive Order shall prohibit any individual from performing or accessing Essential Governmental Operations. Nothing in this Executive Order rescinds, amends, or otherwise modifies Section 2 of Executive Order No. 120. 7. Stores that sell groceries and medicine. Grocery stores, pharmacies, certified farmers' markets, farm and produce stands, supermarkets, convenience stores, and other establishments engaged in the retail sale of groceries, canned food, dry goods, frozen foods, fresh fruits and vegetables, pet supplies, fresh meats, fish, and poultry, prepared food, alcoholic and nonalcoholic beverages, any other household consumer products (such as cleaning and personal care products), and specifically includes their supply chain and administrative support operations. This includes stores that sell groceries, medicine, including medication not requiring a medical prescription, and also that sell other nongrocery products, and products necessary to maintaining the safety, sanitation, and essential operation of residences and COVJD-19 Essential Businesses and Operations. 8. Food, beverage production and agriculture. Food and beverage manufacturing, production, processing, and cultivation, including farming, livestock, fishing, forestry, baking, and other production agriculture, including cultivation, marketing, production, and distribution of animals and goods for consumption; and businesses that provide food, shelter, services and other necessities oflife for animals, including animal shelters, rescues, shelters, kennels, and adoption facilities. 9. Organizations that provide charitable and social services. Businesses as well as religious and secular not-for-profit organizations, including food banks, when providing food, shelter, social services, and other necessities of life for economically disadvantaged or otherwise needy individuals, individuals who need assistance as a result of this emergency, and people with disabilities. 10. Religious entities. Religious facilities, entities, groups, gatherings, including funerals. Also, services, counseling, pastoral care, and other activities provided by religious organizations to the members of their faith community. All of these functions are subject to the limitations on events or convenings in Section 3 of this Executive Order. 11. Media. Newspapers, television, radio, film, and other media services. 12. Gas stations and businesses needed for transportation. Gas stations and auto supply, sales, tire, auto-repair, roadside assistance and towing services, farm equipment, construction equipment, boat repair, and related facilities and bicycle shops and related facilities. Case 4:20-cv-00081-D Document 1-4 Filed 05/14/20 Page 7 of 11 13. Financial and insurance institutions. Bank, currency exchanges, consumer lenders, including but not limited to, pawnbrokers, consumer installment lenders and sales finance lenders, credit unions, appraisers, title companies, financial markets, trading and futures exchanges, affiliates of financial institutions, entities that issue bonds, related financial institutions, and institutions selling financial products. Also insurance companies, underwriters, agents, brokers, and related insurance claims and agency services. 14. Home improvement, hardware and supply stores. Home improvement, building supply, hardware stores, and businesses that sell building materials and supplies, electrical, plumbing, and heating materials. 15. Critical trades. Building and construction tradesmen and tradeswomen, and other trades, including but not limited to, plumbers, electricians, exterminators, cleaning and janitorial staff for commercial and governmental properties, security staff, operating engineers, HVAC, painting, cleaning services, moving and relocation services, landscaping and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences and COVID-19 Essential Businesses and Operations. This includes organizations that represent employees. 16. Mail, post, shipping, logistics, delivery, and pick-up services. Post offices and other businesses that provide shipping and delivery services, and businesses that ship or deliver groceries, food, alcoholic and non-alcoholic beverages, goods, vehicles or services to end users or through commercial channels. 17. Educational institutions. Educational institutions including public and private pre-K-12 schools, colleges, and universities for purposes of facilitating remote learning, performing critical research, or performing essential functions, provided that the Social Distancing Requirements set forth below of this Executive Order are maintained to the greatest extent possible. This Executive Order is consistent with and does not amend or supersede prior Executive Orders regarding the closure of public schools. 18. Laundry services. Laundromats, dry cleaners, industrial laundry services, and laundry service providers. 19. Restaurants for consumption off-premises. Restaurants and other facilities that prepare and serve food, but only for consumption off-premises, through such means as in-house delivery, third-party delivery, drive-through, curbside pick-up, and carry-out. Schools and other entities that provide free food services to students or members of the public may continue to do so under this Executive Order when the food is provided for carry-out, drivethrough or delivery. This Executive Order is consistent with and does not amend or supersede prior COVID-19 related Executive Orders restricting the operations of restaurants and temporarily closing bars. 20. Supplies to work from home. Businesses that sell, manufacture, or supply office supply products or other products needed for people to work from home. 21. Supplies for COVID-19 Essential Businesses and Operations. Businesses that sell, manufacture, support, or supply other COVID-19 Essential Businesses and Operations with the service or materials necessary to operate, including computers, audio and video electronics, household appliances; payroll processing and related services; IT and telecommunication equipment; elections personnel and election-related equipment supplies; hardware, paint, flat glass, electrical, plumbing and heating material; sanitary equipment; personal hygiene products; food, food additives, ingredients and components; medical and orthopedic equipment; optics and photography equipment; and diagnostics, food and beverages, chemicals, soaps and detergent. 22. Transportation. Airlines, taxis, automobile dealers, transportation network providers (such as Uber and Lyft), vehicle rental services, paratransit, trains, marinas, docks, boat storage, and other private, public, and commercial transportation and logistics providers, and public transportation necessary to access COVID-19 Essential Businesses and Operations. Case 4:20-cv-00081-D Document 1-4 Filed 05/14/20 Page 8 of 11 23. Home-based care and services. Home-based care for adults, seniors, children, and/or people with developmental disabilities, intellectual disabilities, substance use disorders, and/or mental illness, including caregivers such as nannies who may travel to the child's home to provide care, and other in-home services including meal delivery. 24. Residential facilities and shelters. Residential facilities and shelters for adults, seniors, children, pets, and/or people with developmental disabilities, intellectual disabilities, victims of domestic violence, people experiencing homelessness, substance use disorders, and/or mental illness. 25. Professional services. Professional services, such as legal services, accounting services, insurance services, professional engineering and architectural services, land surveying services, real estate services (including brokerage, appraisal and title services) and tax preparation services. 26. Manufacture, distribution, and supply chain for critical products and industries. Manufacturing companies, distributors, and supply chain companies producing and supplying essential products and services in and for industries such as pharmaceutical, technology, biotechnology, healthcare, chemicals and sanitization, waste pickup and disposal, agriculture, food and beverage, transportation, energy, steel and steel products, petroleum and fuel, mining, construction, communications, as well as products used or commonly sold by other COVID-19 Essential Businesses and Operations. 27. Defense and military contractors. Defense and military contractors that develop products, processes, equipment, technology, and related services that serve the United States military, national defense, and national security interests. 28. Hotels and motels. Hotels and motels, to the extent used for lodging and delivery or carryout food services. 29. Funeral Services. Funeral, mortuary, cremation, burial, cemetery, and related services. These services are subject to the limitations on events or convenings in Section 3 of this Executive Order. 30. Additional COVID-19 Essential Retail Businesses. Additional COVID-19 Essential Retail Businesses are: • • • • • • • Electronic retailers that sell or service cell phones, computers, tablets, and other communications technology; Lawn and garden equipment retailers; Book stores that sell educational material; Beer, wine, and liquor stores; Retail functions of gas stations and convenience stores; Retail located within healthcare facilities; Pet and feed stores. D. All COVID-19 Essential Businesses and Operations shall, to the extent practicable, maintain the Social Distancing Requirements set forth in this Executive Order. E. "Social Distancing Requirements" as used in this Executive Order means: a. maintaining at least six (6) feet distancing from other individuals; b. washing hands using soap and water for at least twenty (20) seconds as frequently as possible or the use of hand sanitizer; c. regularly cleaning high-touch surfaces; d. facilitating online or remote access by customers if possible. Case 4:20-cv-00081-D Document 1-4 Filed 05/14/20 Page 9 of 11 F. Businesses excluded from the list of COVID-19 Essential Businesses and Operations set forth in this Executive Order who believe that they may be essential may direct requests to be included to the North Carolina Department of Revenue (the "Department"). The Department may grant such request if it determines that it is in the best interest of the State to have the business continue operations in order to properly respond to this COVID-19 pandemic. The Department shall post on its website a point of contact and procedure for businesses seeking to be designated as essential. A business that has made a request to the Department to be included as a COVID-19 Essential Business or Operation may continue to operate until that request is acted upon. G. Businesses that are not COVID-19 Essential Businesses and Operations are required to cease all activities within the State except Minimum Basic Operations, as defined below. Businesses that are not COVID-19 Essential Businesses and Operations should comply with Social Distancing Requirements, to the maximum extent possible, when carrying out their Minimum Basic Operations. As used in this Executive Order, "Minimum Basic Operations" include the following: i) The minimum necessary activities to maintain the value of the business's inventory, preserve the condition of the business's physical plant and equipment, ensure security, process payroll and employee benefits, or related functions. ii) The minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences. H. Notwithstanding any other provision of this Executive Order, the businesses, not-for-profit organizations and educational institutions that were ordered closed by Executive Order Nos. 118 and 120 shall remain closed. Section 3. Mass Gatherings For the reasons and pursuant to the authority set forth above: A. Section l(a) of Executive Order Nos. 117 and 120 is rescinded and replaced as follows: I . A mass gathering is defined as any event or convening that brings together more than ten (10) persons in a single room or single space at the same time, such as an auditorium, stadium, arena, large conference room, meeting hall, or any other confined indoor or outdoor space. This includes parades, fairs and festivals. 2. A mass gathering does not include normal operations at airports, bus and train stations, medical facilities, libraries, shopping malls and centers. It also does not include any COVID-19 Essential Business or Operation as defined in this Executive Order. 3. Notwithstanding the above, and in an effort to promote human dignity and limit suffering, funerals are permitted to include no more than fifty (50) persons, while observing Social Distancing Requirements to the extent practicable. 4. Pursuant to N.C. Gen. Stat. §§ 166A-19.30(a)(2), -19.30(c) the provisions of this section shall be enforced by state and local law enforcement officers. The remainder of Executive Order Nos. 117 and 120 continue to be in effect. Section 4. Local Orders A. The undersigned recognizes that the impact of COVID-19 has been and will likely continue to be different in different parts of North Carolina. Urban areas have seen more rapid and significant spread than most rural areas of the state. As such, the undersigned acknowledges that counties and cities may deem it necessary to adopt ordinances and issue state of emergency declarations which impose restrictions or prohibitions to the extent authorized under North Carolina Jaw, such as on the activity of people and businesses, to a greater degree than in this Case 4:20-cv-00081-D Document 1-4 Filed 05/14/20 Page 10 of 11 Executive Order. To that end, nothing herein is intended to limit or prohibit counties and cities in North Carolina from enacting ordinances and issuing state of emergency declarations which impose greater restrictions or prohibitions to the extent authorized under North Carolina law. B. Notwithstanding the language in paragraph (A) of this Section, no county or city ordinance or declaration shall have the effect of restricting or prohibiting COVID-19 Essential Governmental Operations of the State as determined by the State. C. Nothing in this Executive Order rescinds , amends, or otherwise modifies Section 2 of Executive Order No. 120. Section 5. Savings Clause If any provision of this Executive Order or its application to any person or circumstances is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or application of this Executive Order , which can be given effect without the invalid provision or application. To achieve this purpose, the provisions of this Exec utive Order are declared to be severable. Section 6. Enforcement A. Pursuant to N.C. Gen. Stat. § 166A-l 9.30(a)(2), the provi sions of this Executive Order shall be enforced by state and local law enforcement officers. B. A violation of this Executive Order may be subject to prosecution pursuant to N.C. Gen. Stat. § 166A-19.30(d) , and is punishable as a Class 2 misdemeanor in accordance with N .C. Gen. Stat. § l 4-288.20A. C. Nothing in this Executive Order shall be construed to preempt or overrule a cou1i order regarding an individual ' s conduct (e.g., a Domestic Violence Protection Order or similar orders limiting an individual ' s access to a particular place). Section 7. Effective Date This Executive Order is effective Monday , March 30, 2020 , at 5:00pm, and shall remain in effect for thirty (30) days from that date or unless repealed, replaced, or rescinded by another app licable Execu tive Order. An Execu tive Order rescinding the Declaration of the State of Emergency will automatically rescind this Executive Order. IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Cap itol in the City of Raleigh, this 27' 11 day of March in the year of our Lord two thousand and twent y . Governor ATTEST: Case 4:20-cv-00081-D Document 1-4 Filed 05/14/20 Page 11 of 11 Exhibit Case 4:20-cv-00081-D Document 1-5 Filed 05/14/20 Page 1 of 4 --~l7-7s~ - , ll. 111b ~tafr nf ~nrtlf filarnlina ROY COOPER GOVERNOR April 23, 2020 EXECUTIVE ORDER NO. 135 EXTENDING STAY AT HOME ORDER AND ORDERS LIMITING MASS GATHERINGS, REQUIRING SOCIAL DISTANCING, AND RESTRICTING VISITATION AT LONG TERM CARE FACILITIES WHEREAS, on March 10, 2020, the undersigned issued Executive Order No. 116 which declared a State of Emergency to coordinate the State' s response and protective actions to address the Coronavirus Disease 2019 (COVID-19) public health emergency and to provide for the health, safety, and welfare of residents and visitors located in North Carolina ("Declaration of a State of Emergency"); and WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a global pandemic; and WHEREAS, on March 13, 2020, the President of the United States declared the ongoing COVID-1 9 outbreak a pandemic of sufficient severity and magnitude to wan-ant an emergency declaration for all states, tribes, territories, and the District of Columbia pursuant to Section 501 (b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5207 (the " Stafford Act"); and WHEREAS, on March 13, 2020, the President of the United States pursuant to Sections 201 and 301 of the National EmergenciesAct, 50 U.S.C. § 1601, et seq. and consistent with Section 1135 of the Social Security Act, as amended (42 U.S.C. § l 320b-5), declared that the COVID-19 pandemic in the United States constitutes a national emergency, retroactive to March 1, 2020; and WHEREAS, on March 25, 2020, the President of the United States, pursuant to Section 401 of the Stafford Act, approved a Major Disaster Declaration, FEMA-4487-DR, for the State of North Carolina; and WHEREAS, community spread of COVID- I 9 continues to increase in No1th Carolina and nationwide, and increased testing capacity would undoubtedly show that COVID-1 9 is circulating in communities across North Carolina that have not yet identified a confirmed case; and WHEREAS, the continued presence of community spread in North Carolina, the rapid increase in COVID-19 cases, and the rising number of COVID-19 related deaths, both globally and in North Carolina, require us to continue our measures to slow the spread of this virus during the pandemic; and Case 4:20-cv-00081-D Document 1-5 Filed 05/14/20 Page 2 of 4 WHEREAS, hospital administrators and health care providers have expressed concerns that unless the spread of COVID-19 is limited, existing health care facilities may be insufficient to care for those who become sick; and WHEREAS, slowing the community spread of COVID-19 is critical to ensuring that our healthcare facilities remain able to accommodate those who require intensive medical intervention; and WHEREAS, as proactive steps to prevent and respond to COVID-19, and for the purposes of protecting the health, safety and welfare of the people of North Carolina, the undersigned has issued Executive Order Nos. 116-122, 124-25, 129-131, and 133-134; and WHEREAS, in Executive Order No. 118, issued on March 17, 2020, the undersigned limited operations of restaurants and bars in response to COVID-19; and WHEREAS, in Executive Order No. 120, issued on March 23, 2020, the undersigned placed additional limitations on mass gatherings, venues, and long term care facilities, and directed school closures; and WHEREAS, in Executive Order No. 121, issued on March 27, 2020, the undersigned restricted travel, prohibited certain mass gatherings, and required social distancing to the extent individuals are using shared or outdoor spaces outside their residence; and WHEREAS, Executive Order No. 121 provided that except as amended, Executive Orders Nos. 118 and 120 would continue in effect; and WHEREAS, in Executive Order No. 131, issued on April 9, 2020, the undersigned established additional social distancing measures for retail establishments; and WHEREAS, some of the provisions of the above-listed Executive Orders are set to expire unless the undersigned takes further action; and WHEREAS, ifthese provisions were to expire prematurely, they could undo the important progress North Carolina has made in controlling the outbreak of COVID-19; and WHEREAS, the undersigned has determined that certain provisions must remain in place until May 8, 2020; and WHEREAS, as the situation in North Carolina develops, the undersigned reserves the right to extend provisions to later dates, modify existing provisions, or lift restrictions earlier than scheduled; and WHEREAS, Executive Order No. 116 invoked the Emergency Management Act, and authorizes the undersigned to exercise the powers and duties set forth therein to direct and aid in the response to, recovery from, and mitigation against emergencies; and WHEREAS, pursuant to N.C. Gen. Stat.§ 166A-19.10(b)(2), the undersigned may make, amend, or rescind necessary orders, rules, and regulations within the limits of the authority conferred upon the Governor in the Emergency Management Act. NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina, IT IS ORDERED: Section 1. Extensions and technical amendments For the reasons and pursuant to the authority set forth above and set forth in the relevant Executive Orders referenced below, the undersigned orders as follows: Sections 1, 4, and 5 of Executive Order No. 118; Sections 1, 2, 3 and 5 of Executive Order No. 120; and all of Executive Order No. 121 are in effect, and shall remain in effect, until 5:00 pm on May 8, 2020. Sections 1 and 2 of Executive Order No. 131 are amended to expire at 5:00 pm Case 4:20-cv-00081-D Document 1-5 Filed 05/14/20 Page 3 of 4 on May 8, 2020. The effective date provisions of Executive Orders Nos. 118, 120, 121 , and 131 are amended to have the above-listed sections of those orders continue in effect through the above-listed time and date. Future Executive Orders may extend the term of these Executive Orders. An Executive Order rescinding the Declaration of a State of Emergency will automatically rescind this Executive Order. Section 2. Savings Clause If any provision of this Executive Order or its application to any person or circumstances is held invalid by any comt of competent jurisdiction, this invalidity does not affect any other provision or application of this Executive Order, which can be given effect without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are declared to be severable. Section 3. Distribution I hereby order that this Executive Order be: (1) distributed to the news media and other organizations calculated to bring its contents to the attention of the general public; (2) promptly filed with the Secretary ofthe North Carolina Department of Public Safety, the Secretary of State, and the superior court clerks in the counties to which it applies, unless the circumstances of the State of Emergency would prevent or impede such filing; and (3) distributed to others as necessary to ensure proper implementation of this Executive Order. Section 4. Enforcement A. Pursuant to N.C. Gen. Stat.§ 166A-19.30(a)(2), the provisions of this Executive Order shall be enforced by state and local law enforcement officers. B. A violation of this Executive Order may be subject to prosecution pursuant to N.C. Gen. Stat. § 166A-1 9.30(d) and is punishable as a Class 2 misdemeanor in accordance with N .C. Gen. Stat. § l 4-288.20A. C. Nothing in this Executive Order shall be construed to preempt or ove1n1le a court order regarding an individual' s conduct (e.g., a Domestic Violence Protection Order or similar orders limiting an individual's access to a particular place). Section 5. Effective Date This Executive Order is effective immediately. This Executive Order shall remain in effect until 5 :00 pm on May 8, 2020, unless repealed, replaced, or rescinded by another applicable Executive Order. An Executive Order rescinding the Declaration of a State of Emergency will automatically rescind this Executive Order. IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Caro lina at the Capitol in the City of Raleigh, this 23 rd day of April in the year of our Lord two thousand and twenty. ATTEST: ~t:za;:; ?Jfv,J/~ Chief Deputy Secretary of State Case 4:20-cv-00081-D Document 1-5 Filed 05/14/20 Page 4 of 4 Exhibit Case 4:20-cv-00081-D Document 1-6 Filed 05/14/20 Page 1 of 15 ~fair nf ~nr±4 @arnlina ROY COOPER GOVERNOR May 05, 2020 EXECUTIVE ORDER NO. 138 EASING RESTRICTIONS ON TRAVEL, BUSINESS OPERATIONS, AND MASS GATHERINGS: PHASE 1 WHEREAS, on March 10, 2020, the undersigned issued Executive Order No. 11 6 which declared a State of Emergency to coordinate the State' s response and protective actions to address the Coronavirus Disease 20 19 ("COVID-19") public health emergency and provide for the health, safety, and welfare of residents and visitors located in N011h Carol ina; and WHEREAS, on March 11 , 2020, the World Health Organization declared COVID-1 9 a global pandemic; and WHEREAS, on March 13, 2020, the President of the United States issued an emergency declaration for all states, tribes, territories, and the District of Columbia, retroactive to March 1, 2020, and the President declared that the COYID- 19 pandemic in the United States constitutes a national emergency; and WHEREAS, on March 25, 2020, the President approved a Major Disaster Declaration, FEMA-4487-DR, for the State of North Carolina; and WHEREAS, in responding to the COVID-19 pandemic, and for the purpose of protecting the health, safety, and welfare of the people of North Carolina, the undersigned has issued Executive Order Nos. 116-1 22, 124-1 25, 129- 131 , and 133-1 36; and WHEREAS, more than ten thousand people in North Carolina have had laboratoryconfirmed cases of COVID-1 9, and hundreds of people in North Carolina have died from the disease; and WHEREAS, hospital administrators and health care providers have expressed concerns that unless the spread of COVID-1 9 is limited, existing health care facilities may be insufficient to care for those who become sick; and WHEREAS, the undersigned and the Secretary of Health and Human Services have directed hospitals, physicians' practices, and other health care entities to undertake significant actions as part of North Carolina' s emergency response to address the COVID-1 9 pandemic; and WHEREAS, slowing and controlling community spread of COVID-1 9 is critical to ensuring that the state' s healthcare faci lities remain able to accommodate those who require medical assistance; and Case 4:20-cv-00081-D Document 1-6 Filed 05/14/20 Page 2 of 15 WHEREAS, the continued community spread of COVID-19 within North Carolina requires the state to continue some measures to slow the spread of this virus during the pandemic; and WHEREAS, since the issuance of executive orders to slow the spread of COVID-19, North Carolina has "flattened the curve" and prevented a surge or spike in cases across the state, and North Carolina has also increased its capacity for testing, tracing and the availability of personal protective equipment ("PPE"); and WHEREAS, despite the overall stability in key metrics, North Carolina's daily case counts of COVID-19 continue to increase slightly in the context of increased testing, demonstrating the state must remain vigilant in its work to slow the spread of the virus; and WHEREAS, the risk of COVID-19 transmission remains high, particularly with regard to indoor settings with an increased likelihood of close contact; and WHEREAS, people in North Carolina are encouraged to use a cloth face covering to reduce the spread of COVID-19, but some populations may experience increased anxiety and fear of bias and being profiled if wearing face coverings in public spaces; and WHEREAS, if someone is the target of ethnic or racial intimidation as the result of adhering to the mask provision or as a result of the pandemic, they are encouraged to report the matter to law enforcement or another government entity; and WHEREAS, Executive Order No. 116 invoked the Emergency Management Act, and authorizes the undersigned to exercise the powers and duties set forth therein to direct and aid in the response to, recovery from, and mitigation against emergencies; and WHEREAS, pursuant to N.C. Gen. Stat.§ 166A-19.10(b)(2), the undersigned may make, amend, or rescind necessary orders, rules, and regulations within the limits of the authority conferred upon the Governor in the Emergency Management Act; and WHEREAS, N.C. Gen. Stat. § l 66A- l 9.1 0(b)(3) authorizes and empowers the undersigned to delegate Gubernatorial vested authority under the Emergency Management Act and to provide for the sub-delegation of that authority; and WHEREAS, N.C. Gen. Stat. § 166A-l 9.10(b)(4) gives the undersigned the authority to "cooperate and coordinate" with the President of the United States; and WHEREAS, pursuant to N.C. Gen. Stat.§ 166A-19.12(3)(e), the Division of Emergency Management must coordinate with the State Health Director to revise the North Carolina Emergency Operations Plan as conditions change, including making revisions to set ''the appropriate conditions for quarantine and isolation in order to prevent the further transmission of disease," and following this coordination, the Emergency Management Director and the State Health Director have recommended that the Governor develop and order the plan and actions identified in this Executive Order; and WHEREAS, pursuant to N.C. Gen. Stat. § l 66A- l 9.23 in conjunction with N.C. Gen. Stat. §§ 75-37 and 75-38, the undersigned may issue a declaration that shall trigger the prohibitions against excessive pricing during states of disaster, states of emergency or abnormal market disruptions; and WHEREAS, pursuant to N.C. Gen. Stat.§ 166A-l 9.30(a)(l), the undersigned may utilize all available state resources as reasonably necessary to cope with an emergency, including the transfer and direction of personnel or functions of state agencies or units thereof for the purpose of performing or facilitating emergency services; and WHEREAS, pursuant to N.C. Gen. Stat. § l 66A-l 9.30(a)(2), the undersigned may take such action and give such directions to state and local law enforcement officers and agencies as Case 4:20-cv-00081-D Document 1-6 Filed 05/14/20 Page 3 of 15 may be reasonable and necessary for the purpose of securing compliance with the provisions of the Emergency Management Act and with the orders, rules, and regulations made thereunder; and WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.30(c)(i), the undersigned has determined that local control of the emergency is insufficient to assure adequate protection for lives and property of North Carolinians because not all local authorities have enacted such appropriate ordinances or issued such appropriate declarations restricting the operation of businesses and limiting person-to-person contact, thus needed control cannot be imposed locally; and WHEREAS, pursuant to N.C. Gen. Stat. § 166A-l 9.30(c)(ii), the undersigned has determined that local control of the emergency is insufficient to assure adequate protection for lives and property of North Carolinians because some but not all local authorities have taken implementing steps under such ordinances or declarations, if enacted or declared, in order to effectuate control over the emergency that has arisen; and WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.30(c)(iii), the undersigned has determined that local control of the emergency is insufficient to assure adequate protection for lives and property of North Carolinians because the area in which the emergency exists spreads across local jurisdictional boundaries and the legal control measures of the jurisdictions are conflicting or uncoordinated to the extent that efforts to protect life and property are, or unquestionably will be, severely hampered; and WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.30(c)(iv), the undersigned has determined that local control of the emergency is insufficient to assure adequate protection of lives and property of North Carolinians because the scale of the emergency is so great that it exceeds the capability of local authorities to cope with it; and WHEREAS, N.C. Gen. Stat.§ 166A-l 9.30(c) in conjunction with N.C. Gen. Stat.§ 166Al 9.31 (b )( 1) authorizes the undersigned to prohibit and restrict the movement of people in public places; and WHEREAS, N.C. Gen. Stat.§ 166A-19.30(c) in conjunction with N.C. Gen. Stat.§ 166A19.31(b)(2) authorizes the undersigned to prohibit and restrict the operation of offices, business establishments, and other places to and from which people may travel or at which they may congregate; and WHEREAS, N.C. Gen. Stat.§ 166A-19.30(c) in conjunction with N.C. Gen. Stat.§ 166A19.31 (b )(5) authorizes the undersigned to prohibit and restrict other activities or conditions, the control of which may be reasonably necessary to maintain order and protect lives or property during a state of emergency; and WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.30(c)(l), when the undersigned imposes the prohibitions and restrictions enumerated in N.C. Gen. Stat.§ 166A-19.31(b), the undersigned may amend or rescind the prohibitions and restrictions imposed by local authorities; and WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.30(a)(2), during a Gubematorially declared State of Emergency, the undersigned has the power to ·•give such directions to State and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with the provisions of this Article." NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina, IT IS ORDERED: Section 1. Definitions. In this Executive Order: 1. ·"Allowable Activities" are defined in Section 2(C) of this Executive Order. Case 4:20-cv-00081-D Document 1-6 Filed 05/14/20 Page 4 of 15 2. "Bars" means establishments that are not eating establishments or restaurants as defined in N.C. Gen. Stat. §§ 188-1000(2) and 188-1000(6) and have a permit to sell alcoholic beverages for onsite consumption under N.C. Gen. Stat.§ 188-1001. 3. ··Face Covering" means a covering of the nose and mouth by wearing a cloth covering or mask for the purpose of ensuring the physical health or safety of the wearer or others as defined in Session Law 2020-3 s. 4.3(a). In the context of the COVID-19 emergency, the Face Covering predominantly functions to protect other people more than the wearer. 4. "'Home" means someone's house, place of residence, or current place of abode. 5. "'Mass Gathering" is defined in Section 6(A) of this Executive Order. 6. "Recommendations to Promote Social Distancing and Reduce Transmission" are defined in Section 2(A) of this Executive Order. 7. "Restaurants" means permitted food establishments, under N.C. Gen. Stat. § 130A-248, and other establishments that both prepare and serve food. This includes, but is not limited to, restaurants, cafeterias, food halls, dining halls, food courts, and food kiosks. This includes not only free-standing locations but also locations within other businesses or facilities, including, but not limited to airports, shopping centers, educational institutions, or private or members-only clubs where food and beverages are permitted to be consumed on premises. 8. --Retail Business" means any business in which customers enter a space to purchase goods or services, including but not limited to grocery stores, convenience stores, large-format retail stores, pharmacies, banks, ABC stores, hardware stores, and vehicle dealerships. "Retail Business" also includes retail establishments operated by the State, its political subdivisions, or agencies thereof. Section 2. Allowable Activities for Individuals Outside the Home. All individuals currently in the State of North Carolina may undertake Allowable Activities permitted by this Executive Order. Otherwise, individuals are ordered to stay at home. A. Recommendations to Promote Social Distancing and Reduce Transmission. Individuals leaving their residence for Allowable Activities are strongly advised to take the following steps to reduce transmission: 1. Maintain at least six (6) feet social distancing from other individuals, with the exception of family or household members. 2. Wear a cloth Face Covering when leaving home and wear it inside all public settings such as grocery stores, pharmacies, or other retail or public-serving businesses. A Face Covering should also be worn outdoors when you cannot maintain at least six (6) feet distancing from other people with the exception of family or household members. These coverings function to protect other people more than the wearer. 3. Carry hand sanitizer with you when leaving home, and use it frequently. 4. Wash hands using soap and water for at least twenty (20) seconds as frequently as possible. 5. Regularly clean high-touch surfaces such as steering wheels, wallets, phones. 6. Stay at home if sick. B. High-Risk Individuals: People who are at high risk of severe illness from COVID-19 continue to be strongly encouraged to stay home and travel only for absolutely essential purposes. The Centers for Disease Control and Prevention ("CDC") defines high-risk individuals as people 65 years or older, and people of any age who have serious underlying Case 4:20-cv-00081-D Document 1-6 Filed 05/14/20 Page 5 of 15 medical conditions including people who are immunocompromised, or with chronic lung disease, moderate-to-severe asthma, serious heart conditions, severe obesity, diabetes, with chronic kidney disease undergoing dialysis, or liver disease. C. Allowable Activities: People may leave their residence for the following Allowable Activities. When engaged in activities outside their home, individuals should, as much as reasonably possible, adhere to the Recommendations to Promote Social Distancing and Reduce Transmission above, and are subject to any applicable Mass Gathering or activity restrictions pursuant to Sections 3 to 7 of this Executive Order. 1. For health and safety. People may leave their homes to engage in activities or perform tasks for the health and safety of themselves, their family or household members, or those who are unable to or should not leave their home (including, but not limited to, pets). For example, and without limitation, people may leave their homes to seek emergency services, obtain medical supplies or medication, or visit a health care professional or veterinarian. 2. To look for and obtain goods and services. People may leave their homes to look for or obtain goods and services from a business or operation that is not closed by a current Executive Order. This authorization does not include attendance as a spectator at a sporting event, concert, or other performance. 3. To engage in outdoor activity. People may leave their homes to engage in outdoor activities unless prohibited by this Executive Order. 4. For work. People may leave their homes to perform work at any business, nonprofit, government, or other organization that is not closed by this Executive Order. For example, and without limitation, people can leave the house for employment, or to serve as a contractor at a for-profit business, a nonprofit organization, a part of government, a singleperson business, a sole proprietorship, or any other kind of entity or operation. 5. To look for work. People may leave their homes to seek employment. 6. To take care of others. People may leave their homes to care for or assist a family member, friend, or pet in another household, and to transport family members, friends, or pets as allowed by this Executive Order. This includes attending weddings and funerals. 7. To worship or exercise First Amendment rights. People may leave their homes to travel to and from a place of worship or exercise any other rights protected under the First Amendment to the U.S. Constitution and its North Carolina counterparts. 8. To travel between places of residence. People may leave their homes to return to or to travel between one's place or places of residence. This includes, but is not limited to, child custody or visitation arrangements. 9. To volunteer. People may leave their homes to volunteer with organizations that provide charitable and social services. 10. To attend small outdoor get-togethers. People may travel to another person's home for social purposes, so long as no more than ten (I 0) people gather and the activity occurs outside. 11. To provide or receive government services. People may leave their homes for governmental services. Nothing in this Executive Order shall prohibit anyone from performing actions for, or receiving services from, the state or any of its political subdivisions, boards, commissions, or agencies. This Executive Order does not apply to the United States government. Case 4:20-cv-00081-D Document 1-6 Filed 05/14/20 Page 6 of 15 D. Specific Situations. 1. Homelessness. Individuals experiencing homelessness are exempt from the order to stay at home, but they are strongly urged to obtain shelter and services that allow them to meet the Recommendations to Promote Social Distancing and Reduce Transmission. 2. Travel permitted for unsafe homes. Individuals whose residences are unsafe or become unsafe, such as victims of domestic violence, are permitted and urged to leave their home and stay at a safe alternative location. 3. Public transit. People riding on public transit must comply with the Recommendations to Promote Social Distancing and Reduce Transmission as defined in Subsection 2(A) to the greatest extent feasible. Section 3. Orders for Businesses and Parks. For the reasons and pursuant to the authority set forth above, the undersigned orders as follows: A. Most Businesses and Organizations Can Be Open. All businesses that are not closed under Section 5 may operate. Some businesses must operate under restrictions, as stated in Sections 3, 4, 6, and 7 of this Executive Order. B. Requirements Specific to Retail Businesses. Retail Businesses that operate during the effective period of this Executive Order must: 1. Limit customer occupancy to not more than 50% of stated fire capacity. Retail Businesses that do not have a stated fire capacity must limit customer occupancy to twelve (12) customers for every one thousand (1000) square feet of the location's total square footage, including the parts of the location that are not accessible to customers. 2. Limit customer occupancy so that customers can stay six (6) feet apart, even if this requires reducing occupancy beneath the 50% limit stated above. 3. Direct customers to stay at least six (6) feet apart from one another and from workers, except at point of sale if applicable. 4. Mark six (6) feet of spacing in lines at point of sale and in other high-traffic areas for customers, such as at deli counters and near high-volume products. 5. Perform frequent and routine environmental cleaning and disinfection of high-touch areas with an EPA-approved disinfectant for SARS-Co V-2 (the virus that causes COVID-19). 6. Provide, whenever available, hand sanitizer (at least 60% alcohol); systematically and frequently check and refill hand sanitizer stations; and provide soap and hand drying materials at sinks. 7. Conduct daily symptom screening of workers, using a standard interview questionnaire of symptoms, before workers enter the workplace. 8. Immediately send symptomatic workers home. 9. Have a plan in place for immediately isolating workers from the workplace if symptoms develop. 10. Post signage at the main entrances that reminds people to stay six (6) feet apart for social distancing, requests people who are or who have recently been symptomatic not to enter, and notifies customers of the Retail Business's reduced capacity. The North Carolina Department of Health and Human Services (''NCDHHS") will make available on its website a sample screening checklist questionnaire and sample signs that may Case 4:20-cv-00081-D Document 1-6 Filed 05/14/20 Page 7 of 15 be used to meet the requirements above. Retail Businesses do not need to use the NCDHHS sample questionnaires and signs to meet the requirements of this Executive Order. C. Additional Recommendations Specific to Retail Businesses. Retail Businesses that operate during the effective period of this Executive Order are strongly encouraged to do the following: 1. Direct workers to stay at least six ( 6) feet apart from one another and from customers, to the greatest extent possible. 2. Provide designated times for seniors and other high-risk populations to access services. 3. Develop and use systems that allow for online, email, or telephone ordering, no-contact curbside or drive-through pickup or home delivery, and contact-free checkout. 4. High-volume Retail Businesses, such as grocery stores and pharmacies, are strongly encouraged to take the following additional measures to reduce transmission: a. Use acrylic or plastic shields at cash registers. b. Clearly mark designated entry and exit points. c. Provide assistance with routing through aisles in the store. 5. Take all the additional actions listed in Subsection 3(D) below. D. Recommendations for All Businesses (Retail or Other). All businesses that operate during the effective period of this Executive Order are strongly encouraged to: 1. Continue to promote telework and limit non-essential travel whenever possible. 2. Promote social distancing by reducing the number of people coming to the office, by providing six (6) feet of distance between desks, and/or by staggering shifts. 3. Limit face-to-face meetings to no more than ten ( I 0) workers. 4. Promote hygiene, including frequent hand-washing and use of hand sanitizer. 5. Recommend workers wear cloth Face Coverings; provide workers with Face Coverings; and provide information on proper use, removal, and washing of cloth Face Coverings. A Face Covering functions to protect other people more than the wearer. 6. Make accommodations for workers who are at high risk of severe illness from COVID-19, for example, by having high-risk workers work in positions that are not public-facing or by allowing teleworking where possible. 7. Encourage sick workers to stay home and provide support to do so with a sick leave policy. 8. Follow the CDC guidance if a worker has been diagnosed with COVID-19. 9. Provide workers with education about COVID-19 prevention strategies, using methods like videos, webinars, or FAQs. 10. Promote information on helplines for workers such as 211 and the Hope4NC Helpline. Case 4:20-cv-00081-D Document 1-6 Filed 05/14/20 Page 8 of 15 E. Parks and Trails. 1. All people in North Carolina are encouraged to engage in outdoor activities, so long as they do not form prohibited Mass Gatherings and are engaged in Allowable Activities under this Executive Order. State parks and trails may reopen upon the general Effective Date of this Executive Order. However, because public playground equipment may increase spread of COVID-19, public playgrounds remain closed during the effective phase of this Executive Order, including public playground equipment located in parks. 2. Park operators shall follow the requirements for Retail Businesses listed in Subsection (B) above, and they are strongly encouraged to follow the recommendations for Retail Businesses and the recommendations for all businesses in Subsections (C) and (D) above. Section 4. Orders for Restricted Business Types. For the reasons and pursuant to the authority set forth above, the undersigned orders as follows: A. Restaurants. 1. Restaurants may remain open if consumption occurs off-premises. Restaurants may do business only to the extent that consumption of food and beverages occurs off-premises through such means as in-house delivery, third-party delivery, drive-through, curbside pick-up, and carry-out. Schools and other entities that provide free food services to students or members of the public may continue to do so under this Executive Order when the food is provided for carry-out, drive-through, or delivery. 2. Restaurants should follow social distancing and transmission reduction recommendations. Restaurants are encouraged to comply with the Recommendations to Promote Social Distancing and Reduce Transmission, including use of Face Coverings, when providing carry-out, drive-through, and delivery services. These coverings function to protect other people, more than the wearer. 3. Further orders. The Governor, in consultation with and at the recommendation of the Secretary of Health and Human Services, the State Emergency Management Director, and the State Health Director, orders the following limitations on the sale of food and beverages to carry-out, drive-through, and delivery only: a. The Secretary of Health and Human Services, pursuant to N.C. Gen. Stat. § l 30A-20(a), has determined that the seating areas ofrestaurants and bars constitute an imminent hazard for the spread of COVID-19 and that, to abate the imminent hazard, restaurants must be restricted to carry-out, drive-through, and delivery only and bars must close, and has issued an order of abatement dated May 4, 2020. b. The undersigned directs that restaurants are restricted to carry-out, drive-through, and delivery only. 4. No sit-down service. Sit-down food or beverage service is prohibited at any kind of businesses, including but not limited to grocery stores, pharmacies, convenience stores, gas stations and charitable food distribution sites. I. Bars are directed to not serve alcoholic beverages for onsite consumption. 2. This Executive Order does not direct the closure of retail beverage venues that provide for the sale of beer, wine, and liquor for off-site consumption only. It also does not require the closure of production operations at breweries, wineries, or distilleries. 3. If the Alcoholic Beverage Control Commission (the "'ABC Commission") identifies other state laws, regulations, and policies that may affect bars, restaurants, and other dining establishments identified in Subsections 4(A)-(B) of this Executive Order, it is directed to Case 4:20-cv-00081-D Document 1-6 Filed 05/14/20 Page 9 of 15 inform the Office of the Governor in writing. Upon written authorization from the Office of the Governor, the ABC Commission may interpret flexibly, modify, or waive those state laws, regulations and policies, as appropriate, and to the maximum extent permitted under applicable state and federal law, to effectuate the purposes of this Executive Order. C. Child Care. 1. Must operate in compliance with NCDHHS guidelines. Child care facilities may be open only if they operate in full compliance with Executive Order No. 130 and all guidelines issued by NCDHHS. 2. Expanding children that may be served. The relevant language in Subsection 2(C) of Executive Order No. 130 is amended and replaced by the following: Children that may be served. Child Care Facilities approved by NCDHHS to operate under the Emergency Facility Guidelines shall provide child care only to the following persons: 1. Children of anyone who performs work on behalf of a business or operation that is not closed by an Executive Order; or 2. Children of anyone who is leaving the home to seek employment; or 3. Children who are receiving child welfare services; or 4. Children who are homeless or who are living in unstable or unsafe living arrangements. 3. Term. Section 2 of Executive Order No. 130 shall remain in effect through 5:00 pm on May 22, 2020. D. Day Camps and Programs for Children and Teens. 1. Must operate in compliance with NCDHHS guidelines. Day camps and programs may operate only if they are in full compliance with the Interim Coronavirus Disease 2019 (COVID-19) Guidance for Day Camp or Program Settings Serving Children and Teens. Day programs and camps for adults are not covered by this section. 2. No sports or other activities without social distancing. Day camps and programs may not allow sports except for sports where close contact is not required, and day camps may not allow activities where campers would not maintain at least six (6) feet social distancing from one another. 3. Day camps within another business or operation. Day camps and programs operating within a business, facility, or location closed by Subsection 5(B) of this Executive Order or at a school may open for the purpose of the day camp or program, but must otherwise remain closed to the general public. To the extent day camps permit swimming by camp attendees, local health departments may permit the pool's usage for attendees of the day camp, but not for the general public. 4. No overnight camps. Overnight camps and programs for children or adults may not operate. E. Schools. 1. School facilities remain closed for in-person instruction. Consistent with Executive Orders No. 117 and 120, public school facilities are to remain closed as in-person instructional settings for students for the remainder of the 2019-2020 school year. 2. School and health officials to continue efforts. NCDHHS, the North Carolina Department of Public Instruction ("NCDPI"), and the North Carolina State Board of Education are Case 4:20-cv-00081-D Document 1-6 Filed 05/14/20 Page 10 of 15 directed to continue to work together to maintain and implement measures to provide for the health, nutrition, safety, educational needs, and well-being of children during the school closure period. 3. Graduation and other year-end ceremonies. Local school boards and superintendents will determine whether to conduct graduation and/or other year-end ceremonies. If local school leaders elect to hold graduation ceremonies or similar events, then those gatherings must operate in compliance with Executive Orders and NCDPI/NCDHHS guidelines in effect at the time of the event. Local school leaders are encouraged to engage with students and families to identify the best solutions for their communities. Local plans should include consultation with local public health officials and, where appropriate, local law enforcement. Section 5. Orders for Businesses to Remain Closed. A. Personal Care and Grooming Businesses. 1. The ability to practice the social distancing necessary to reasonably protect against COVID-19 is significantly reduced in certain establishments where individuals are in extended close proximity or where service personnel are in direct contact with clients. Therefore, personal care and grooming businesses, including but not limited to the following, are ordered to close: • • • • • • • B. Barber Shops Beauty Salons (including but not limited to waxing and hair removal centers) Hair Salons Nail Salons/Manicure/Pedicure Providers Tattoo Parlors Tanning Salons Massage Therapists (except that massage therapists may provide medical massage therapy services upon the specific referral of a medical or naturopathic healthcare provider). Entertainment Facilities Without a Retail or Dining Component. 1. In addition to the restrictions on Mass Gatherings identified in Section 6 of this Executive Order, entertainment facilities that operate within a confined indoor or outdoor space and do not offer a retail or dining component are ordered to close. Any retail or dining component within an entertainment facility may operate solely for retail or dining, but those components must comply with the restrictions set out in Subsection 4(A) of this Executive Order. 2. Entertainment facilities restricted by this Subsection include, but are not limited to, the following types of business: • • • • • • • • • • Bingo Parlors, including bingo sites operated by charitable organizations Bowling Alleys Indoor Exercise Facilities (e.g., gyms, yoga studios, martial arts facilities, indoor trampoline and rock climbing facilities) Health Clubs, Fitness Centers, and Gyms Indoor/Outdoor Pools Live Performance Venues Movie Theaters Skating Rinks Spas, including health spas Gaming and business establishments which allow gaming activities (e.g., video poker, gaming, sweepstakes, video games, arcade games, pinball machines or other computer, electronic or mechanical devices played for amusement). Case 4:20-cv-00081-D Document 1-6 Filed 05/14/20 Page 11 of 15 Section 6. Mass Gatherings Prohibited. A. Prohibition. Mass Gatherings are prohibited. ''Mass Gathering" means an event or convening that brings together more than ten ( 10) persons at the same time in a single space, such as an auditorium, stadium, arena, conference room, meeting hall, or any other confined indoor or outdoor space. This includes parades, fairs, and festivals. Mass Gatherings do not include gatherings for health and safety, to look for and obtain goods and services, for work, for worship, or exercise of First Amendment rights, or for receiving governmental services. A Mass Gathering does not include normal operations at airports, bus and train stations or stops, medical facilities, shopping malls, and shopping centers. However, in these settings, people must follow the Recommendations to Promote Social Distancing and Reduce Transmission as much as possible, and they should circulate within the space so that there is no sustained contact between people. B. Dividing one event or convening into multiple sessions. Nothing in this Executive Order prohibits holding several events or convenings instead of one so that at any time, no more than ten ( 10) people are gathered in the same space. Organizations that need to hold events or convenings in a single space are encouraged to hold multiple sessions so that no more than ten (10) people are present at a time. In addition, nothing in this Executive Order prohibits holding meetings remotely, and all people in North Carolina are encouraged to hold gatherings electronically so that large groups can meet. C. Outdoor meetings if possible. Because the risk of COVID-19 spread is much greater in an indoor setting, any gatherings of more than ten ( 10) people that are allowed under Subsection 6(A) shall take place outdoors unless impossible. D. Funerals. Notwithstanding the above, and in an effort to promote human dignity and limit suffering, Mass Gatherings at funerals are permitted for up to fifty ( 50) people. People meeting at a funeral should observe the Recommendations to Promote Social Distancing and Reduce Transmission to the extent practicable. E. Drive-ins. Events are not prohibited Mass Gatherings if the participants all stay within their cars, such as at a drive-in movie theater. F. Households. A household where more than ten ( I 0) people reside is not a Mass Gathering. Section 7. Long Term Care. For the reasons and pursuant to the authority set forth above, the undersigned orders as follows: A. Long Term Care Visitation Limitations. 1. Long term care facilities shall restrict visitation of all visitors and non-essential health care personnel, except for certain compassionate care situations, for example, an end-of-life situation. 2. This restriction does not include essential health care personnel. 3. For purposes of this Subsection 7(A) only, long term care facilities include all of the following: a. b. c. d. e. Skilled nursing facilities; Adult care homes; Family care homes; Mental health group homes; and Intermediate care facilities for individuals with intellectual disabilities. Case 4:20-cv-00081-D Document 1-6 Filed 05/14/20 Page 12 of 15 B. Long Term Care Risk Mitigation Measures. 1. Scope of this Subsection. This Subsection of this Executive Order places mandatory requirements on skilled nursing facilities. This Subsection strongly encourages the same measures, to the extent possible given constraints on the availability ofpersonal protective equipment, for other kinds of long term care facilities, including adult care homes, family care homes, mental health group homes, and intermediate care facilities for individuals with intellectual disabilities. 2. Mitigation measures. Skilled nursing facilities shall: a. Remind workers to stay home when they are ill and prevent any workers who are ill from coming to work and/or staying at work. b. Screen all workers at the beginning of their shift for fever and respiratory symptoms. This shall include: 1. Actively taking that worker's temperature. 11. Documenting an absence ofany shortness of breath, any new cough or changes in cough, and any sore throat. If the worker is ill, the facility must have the worker put on a facemask and leave the workplace. iii. Canceling communal dining and all group activities, including internal and external activities. 1v. Implementing universal use of a facemask for all workers while in the facility, assuming supplies are available. v. Actively monitor all residents upon admission, and at least daily, for fever and respiratory symptoms (shortness of breath, new cough or change in cough, and sore throat), and shall continue to monitor residents. v1. Notify the local health department immediately about either of the following: 1. Any resident with new, confirmed, or suspected COVID-19. 2. A cluster of residents or workers with symptoms of respiratory illness. A '"cluster" of residents or workers means three (3) or more people (residents or workers) with new-onset respiratory symptoms in a period of 72 hours. c. Other kinds of long term care facilities. Adult care homes, family care homes, mental health group homes, and intermediate care facilities for individuals with intellectual disabilities are strongly encouraged to follow the mitigation measures listed in Subsections 7(B)(2)(b)(i) through (vi) above, assuming supplies are available. C. Effective Date and Duration. This Section of this Executive Order shall remain in effect unless repealed, replaced, or rescinded by another applicable Executive Order. Section 8. Local Orders. For the reasons and pursuant to the authority set forth above, the undersigned orders as follows: A. Effect on local emergency management orders. 1. Most of the restrictions in this Executive Order are minimum requirements, and local governments can impose greater restrictions. The undersigned recognizes that the impact of COVID-19 has been and will likely continue to be different in different parts of North Case 4:20-cv-00081-D Document 1-6 Filed 05/14/20 Page 13 of 15 Carolina. Urban areas have seen more rapid and significant spread than most rural areas of the state. As such, the undersigned acknowledges that counties and cities may deem it necessary to adopt ordinances and issue state of emergency declarations which impose restrictions or prohibitions to the extent authorized under North Carolina law, such as on the activity of people and businesses, to a greater degree than in this Executive Order. To that end, nothing herein, except where specifically stated below in Subsections A(2) and A(3) of this Section, is intended to limit or prohibit counties and cities in North Carolina from enacting ordinances and issuing state of emergency declarations which impose greater restrictions or prohibitions to the extent authorized under North Carolina law. 2. Local restrictions cannot restrict state or federal government operations. Notwithstanding Subsection 8(A)(l) above, no county or city ordinance or declaration shall have the effect of restricting or prohibiting governmental operations of the State or the United States. 3. Local restrictions cannot set different retail requirements. Notwithstanding Subsection 8(A)(l) above, in an effort to create uniformity across the state for Retail Businesses that may continue to operate, the undersigned amends all local prohibitions and restrictions imposed under any local state of emergency declarations to remove any language that sets a different maximum occupancy standard for Retail Businesses or otherwise directly conflicts with Subsections 3(B)(l )-(2) of this Executive Order. The undersigned also hereby prohibits during the pendency of this Executive Order the adoption of any prohibitions and restrictions under any local state of emergency declarations that set a different maximum occupancy standard for Retail Businesses or otherwise directly conflict with Subsections 3(B)(l)-(2) of this Executive Order. B. Mandatory local government operations. 1. To the extent that local government functions are required under state and federal law, the undersigned directs the appropriate local government agencies and officials to continue to exercise their responsibilities, including but not limited to local county Department of Social Services ("DSS") offices, Health Departments, Registers of Deeds, and other local government functions that are required to protect lives and property. 2. Notwithstanding Subsection 8(B)(l) above, local governments are strongly encouraged to follow the Requirements Specific to Retail Businesses in Subsection 3(B) and Recommendations for Retail Businesses in Subsection 3(C) for functions where members of the public enter a space to receive or use government services. Local governments are also strongly encouraged to follow the Recommendations for All Businesses (Retail or Other) included in Subsection 3(D). Section 9. Extension of Price Gouging Period. For the reasons and pursuant to the authority set forth above, the undersigned orders as follows: Pursuant to N.C. Gen. Stat. § 166A-19.23, the undersigned extends the prohibition against excessive pricing, as provided in N.C. Gen. Stat. §§ 75-37 and 75-38, from the issuance of Executive Order No. 116 through 5:00 pm on May 22, 2020. The undersigned further hereby encourages the North Carolina Attorney General to use all resources available to monitor reports of abusive trade practices towards consumers and make readily available opportunities to report to the public any price gouging and unfair or deceptive trade practices under Chapter 75 of the North Carolina General Statutes. Section 10. No Private Right of Action. This Executive Order is not intended to create, and does not create, any individual right, privilege, or benefit, whether substantive or procedural, enforceable at law or in equity by any party against the State of North Carolina, its agencies, departments, political subdivisions, or other entities, or any officers, employees, or agents thereof, or any emergency management worker (as defined in N.C. Gen. Stat. § 166A- l 9.60) or any other person. Case 4:20-cv-00081-D Document 1-6 Filed 05/14/20 Page 14 of 15 Section 11. Savings Clause. If any provision of this Executive Order or its application to any person or circumstances is held invalid by any cow1 of competent jurisdiction, this invalidity does not affect any other provision or application of this Executive Order, which can be given effect without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are declared to be severable. Section 12. Distribution. I hereby order that this Executive Order be: (1) distributed to the news media and other organizations calculated to bring its contents to the attention of the general public; (2) promptly filed with the Secretary of the North Carolina Department of Public Safety, the Secretary of State, and the superior court clerks in the counties to which it applies, unless the circumstances of the State of Emergency would prevent or impede such filing; and (3) distributed to others as necessary to ensure proper implementation of this Executive Order. Section 13. Enforcement A. Pursuant to N.C. Gen. Stat.§ 166A-19.30(a)(2), the provisions of this Executive Order shall be enforced by state and local law enforcement officers. B. A violation of this Executive Order may be subject to prosecution pursuant to N.C. Gen. Stat. § l 66A-l 9.30(d), and is punishable as a Class 2 misdemeanor in accordance with N.C. Gen. Stat.§ 14-288.20A. C. Nothing in this Executive Order shall be construed to preempt or overrule a court order regarding an individual ' s conduct (e.g., a Domestic Violence Protection Order or similar orders limiting an individual's access to a particular place). Section 14. Effective Date This Executive Order is effective at 5:00 pm on May 8, 2020. Section 7 of this Executive Order shall remain in effect for the period stated in Subsection 7(C) of this Executive Order. The remainder of this Order shall remain in effect through 5:00 pm on May 22, 2020 unless repealed, replaced, or rescinded by another applicable Executive Order. An Executive Order rescinding the Declaration of the State of Emergency will automatically rescind this Executive Order. IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this 5th day of May in the year of our Lord two thousand and twenty. Governor ATTEST: Case 4:20-cv-00081-D Document 1-6 Filed 05/14/20 Page 15 of 15 Exhibit Case 4:20-cv-00081-D Document 1-7 Filed 05/14/20 Page 1 of 4 STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR ROY COOPER GOVERNOR May 11, 2020 Dear Senators: Thank you for your inquiry regarding Executive Order 138 and the how religious worship services may be safely convened. Our of?ce has issued guidance to assist congregants and public of?cials regarding this matter, which is attached. Pubiic health authorities have concluded that chances of virus transmission are signi?cantly reduced when gatherings occur outdoors, when participants are wearing face coverings and when social distancing is practiced. Please know that reducing virus spread and protecting public health during the COVID-19 pandemic remains a priority for this of?ce. Thank you for your assistance in protecting your communities. Regards, Lee Lilley Director of Legislative Affairs Of?ce of Governor Roy Cooper 20301 MAIL Seavrca CENTER - RALEIGH, NC 27699?0301 - TELEPHONE: 919?814-2000 Case Document 1-7 Filed 05/14/20 Page 2 of 4 STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR ROY COOPER GOVERNOR E0 138 Phase One Guidance for Religious Services and Mass Gathering Restrictions On May 5, 2020, Governor Cooper signed Executive Order 138 (?Phase One Order?). The Phase One Order addresses the current status of the Statewide Stay at Home Order, including limits on certain travel and business operations as well as current mass gathering restrictions. The mass gathering restrictions in the Phase One Order provide more ?exibility for many activities, including religious worship. The mass gathering requirements in the Phase One Order are currently set to remain in effect for two weeks beginning on Friday, 8 May 2020. This guidance document describes certain special accommodations for religious worship that are set forth in the Phase One Order. This document is intended to provide helpful guidance. It does not change or override the terms of any Executive Orders. In carrying out the Phase One Order to protect members of the public, local authorities are encouraged to initially address violations with education and warnings. Section 6 of the Phase One Order generally prohibits mass gatherings. A mass gathering is de?ned as an ?event or convening that brings together more than ten (10) persons at the same time in a single space such as an auditorium, stadium, arena, conference room, meeting hall, or any other con?ned indoor or outdoor space.? However, some occurrences, including religious services, are excepted from the Order?s de?nition of mass gathering. As discussed below, events such as worship services and weddings may take place indoors with ten or fewer peeple in attendance. These events may also take place outdoors without the ten-person attendance limit, if attendees follow as much as possible the Recommendations to Promote Social Distancing and Reduce Transmissions outlined in the Phase One Order. Public health experts have concluded that conducting these activities outdoors is necessary to protect public health because there is evidence that stationary activities that occur indoors have a higher likelihood of causing transmission of Outdoor Worship Services There is no limit on the number of people that can attend outdoor worship or wedding services. Attendees should follow, as much as possible, the Recommendations to Promote Social Distancing and Reduce Transmission highlighted in the Phase One Order. Therefore, an outdoor worship service, similar to a demonstration, may be held where families (from the same household) in attendance maintain at least six feet of social distancing from other families or individuals. The event must be held in an unenclosed space not an outdoor facility with walls). Outdoor worship services are also allowed without these restrictions where participants remain in their cars. 2030] MAIL SERVICE CENTER - RALEIGH, NC 27699-0301 0 TELEPHONE: 919-814-2000 Case Document 1-7 Filed 05/14/20 Page 3 of 4 Indoor Worship Services Indoor worship services and weddings are allowed for gatherings often people or fewer in the same con?ned Space. However, nothing prevents an indoor worship service from being shi?ed to multiple services over a period of time, or held in different rooms, to meet the requirements of the Phase One Order. In situations where it is not possible to conduct worship services outdoors or through other accommodations such as through, for example, a series of indoor services of ten or fewer attendees, or through online services the ten-person attendance limit on indoor worship services does not apply. For example, there may be situations in which particular religious beliefs dictate that some or all of a religious service must be held indoors and that more than ten persons must be in attendance. While indoors, participants should continue to adhere to the Recommendations to Promote Social Distancing and Reduce Transmission. Funeral services To promote human dignity and limit suffering, up to ?fty people may attend a funeral held indoors. People meeting at a funeral should observe the Recommendations to Promote Social Distancing and Reduce Transmission set forth in the Phase One Order. Case 4:20-cv-00081-D Document 1-7 Filed 05/14/20 Page 4 of 4 CIVIL COVER SHEET JS 44 (Rev. 09/19) The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I.Berean (a) PLAINTIFFS Baptist Church; Return America, Inc.; Dr. Ronnie Baity; and DEFENDANTS Governor Roy Cooper People's Baptist Church, Inc. (b) County of Residence of First Listed Plaintiff Forsyth County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) NOTE: (c) Attorneys (Firm Name, Address, and Telephone Number) (IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Attorneys (If Known) Deborah J. Dewart 620 E. Sabiston Drive Swansboro, North Carolina 28584-9674 II. BASIS OF JURISDICTION (Place an “X” in One Box Only) ’ 1 U.S. Government Plaintiff ’ 3 Federal Question (U.S. Government Not a Party) ’ 2 U.S. Government Defendant ’ 4 Diversity (Indicate Citizenship of Parties in Item III) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) PTF Citizen of This State ’ 1 DEF ’ 1 Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place of Business In Another State ’ 5 ’ 5 Citizen or Subject of a Foreign Country ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6 IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ Click here for: Nature of Suit Code Descriptions. TORTS 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property ’ ’ ’ ’ ’ ’ ’ PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers’ Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury Medical Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education and One Box for Defendant) PTF DEF Incorporated or Principal Place ’ 4 ’ 4 of Business In This State FORFEITURE/PENALTY PERSONAL INJURY ’ 365 Personal Injury Product Liability ’ 367 Health Care/ Pharmaceutical Personal Injury Product Liability ’ 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY ’ 370 Other Fraud ’ 371 Truth in Lending ’ 380 Other Personal Property Damage ’ 385 Property Damage Product Liability PRISONER PETITIONS Habeas Corpus: ’ 463 Alien Detainee ’ 510 Motions to Vacate Sentence ’ 530 General ’ 535 Death Penalty Other: ’ 540 Mandamus & Other ’ 550 Civil Rights ’ 555 Prison Condition ’ 560 Civil Detainee Conditions of Confinement ’ 625 Drug Related Seizure of Property 21 USC 881 ’ 690 Other LABOR ’ 710 Fair Labor Standards Act ’ 720 Labor/Management Relations ’ 740 Railway Labor Act ’ 751 Family and Medical Leave Act ’ 790 Other Labor Litigation ’ 791 Employee Retirement Income Security Act BANKRUPTCY ’ 422 Appeal 28 USC 158 ’ 423 Withdrawal 28 USC 157 PROPERTY RIGHTS ’ 820 Copyrights ’ 830 Patent ’ 835 Patent - Abbreviated New Drug Application ’ 840 Trademark SOCIAL SECURITY ’ 861 HIA (1395ff) ’ 862 Black Lung (923) ’ 863 DIWC/DIWW (405(g)) ’ 864 SSID Title XVI ’ 865 RSI (405(g)) FEDERAL TAX SUITS ’ 870 Taxes (U.S. Plaintiff or Defendant) ’ 871 IRS—Third Party 26 USC 7609 IMMIGRATION ’ 462 Naturalization Application ’ 465 Other Immigration Actions OTHER STATUTES ’ 375 False Claims Act ’ 376 Qui Tam (31 USC 3729(a)) ’ 400 State Reapportionment ’ 410 Antitrust ’ 430 Banks and Banking ’ 450 Commerce ’ 460 Deportation ’ 470 Racketeer Influenced and Corrupt Organizations ’ 480 Consumer Credit (15 USC 1681 or 1692) ’ 485 Telephone Consumer Protection Act ’ 490 Cable/Sat TV ’ 850 Securities/Commodities/ Exchange ’ 890 Other Statutory Actions ’ 891 Agricultural Acts ’ 893 Environmental Matters ’ 895 Freedom of Information Act ’ 896 Arbitration ’ 899 Administrative Procedure Act/Review or Appeal of Agency Decision ’ 950 Constitutionality of State Statutes V. ORIGIN (Place an “X” in One Box Only) ’ 1 Original Proceeding ’ 2 Removed from State Court ’ 3 Remanded from Appellate Court ’ 4 Reinstated or Reopened ’ 5 Transferred from Another District ’ 6 Multidistrict Litigation Transfer (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): ’ 8 Multidistrict Litigation Direct File U.S. Const. Amendments 1 & 14 VI. CAUSE OF ACTION Brief description of cause: Action to declare and enjoin Gov. Cooper's COVID-19 Executive Order as unconstitutional as religious worship and assembly. ’ CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER RULE 23, F.R.Cv.P. COMPLAINT: VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE DATE DEMAND $ CHECK YES only if demanded in complaint: ’ Yes ’ No JURY DEMAND: DOCKET NUMBER SIGNATURE OF ATTORNEY OF RECORD 05/14/2020 /s/ Deborah J. Dewart FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP Case 4:20-cv-00081-D Document 1-8 FiledJUDGE 05/14/20 Page 1MAG. of JUDGE 2 Print Save As... Reset JS 44 Reverse (Rev. 09/19) INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I.(a) (b) (c) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions. V. Origin. Place an "X" in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statue. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet. Case 4:20-cv-00081-D Document 1-8 Filed 05/14/20 Page 2 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Eastern District __________ DistrictofofKentucky __________ BEREAN BAPTIST CHURCH, RETURN AMERICA, INC., DR. RONNIE BAITY, and PEOPLE’S BAPTIST CHURCH, INC., Plaintiff(s) v. GOVERNOR ROY COOPER, in his official capacity, Defendant(s) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) Governor Roy Cooper via William C. McKinney, General Counsel 116 W. Jones Street Raleigh, NC 27603-8001 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Deborah J. Dewart 620 E. Sabiston Drive Swansboro, North Carolina 28584-9674 Telephone: (910) 326-4554 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: May 14, 2020 Signature of Clerk or Deputy Clerk Case 4:20-cv-00081-D Document 1-9 Filed 05/14/20 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) . ’ I personally served the summons on the individual at (place) on (date) ; or ’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or , who is ’ I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ; or ’ Other (specify): . My fees are $ for travel and $ for services, for a total of $ 0 I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: Print Case 4:20-cv-00081-D Document 1-9 Filed 05/14/20 Page 2 of 2 Save As... Reset .