April 22, 2020
Authored by: Tom Lee, Tracy Talbot and Helen Looney
Shelter-in-place and social distancing have become the new normal as we try to combat the spread of the coronavirus-19/COVID-19 in the U.S. Many state governments have implemented stay-home or shelter-in-place orders to try to “flatten the curve” and protect citizens’ safety.
But as time passes, businesses are also concerned. Under many such executive orders, a business that is not deemed “essential” or “life-sustaining” may be required to stop in-person operations, and we’re starting to see an uptick in local enforcement, including cease and desist letters and revocation of occupancy permits.
Some shuttered businesses have started to bring their claims to court. Business plaintiffs have filed cases in at least 8 states to date, challenging government action on constitutional grounds. **
Below is a summary of the prominent claims and factual allegations featured in these complaints. Please note that because these cases were filed just in this past two weeks, the ultimate viability of