Early on in the coronavirus pandemic, we posted content about the constitutionality of social distancing and business shutdown orders. At the time, the issues were new and had not been recently tested in court. With protests about such orders’ constitutionality becoming more prevalent and with the orders being tested in court, it is time to re-visit the question of the constitutionality of COVID-19 related government regulations.
Constitutionality of Shutdown Orders
On May 15, 2020, United States District Judge Gary R. Brown (Eastern District of New York) issued a decision relating to New York’s business shutdown order, also known as the Pause. In sum, Governor Cuomo’s order directs that all business which are non-essential must operate via telecommuting only and must reduce their in-person workforce by 100%. Essential businesses may stay open with no reduction in force required. The order allowed for enforcement under the Public Health Law with consequences for businesses which did not comply.