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Shelter In Place and Reopening Plan Litigation: Tips and Strategies for the New Wave of Legal Challenges Facing Counties and Cities

States, counties and cities are responding to the public health and safety crisis caused by the COVID-19 pandemic with various Shelter In Place Orders and Reopening Plans that restrict activities of individuals, businesses and organizations of all types. In 1905 in Jacobson v. Commonwealth of Massachusetts, the Supreme Court held that “[t]he liberty secured by the Constitution … does not import an absolute right in each person to be, at all times and in all circumstances, wholly freed from restraint. There are manifold restraints to which every person is necessarily subject for the common good… . [a] community has the right to protect itself against an epidemic of disease which threatens the safety of its members.”

Counties and cities across the country are facing rapidly escalating legal challenges against Shelter In Place Orders and Reopening Plans. Many of these lawsuits are supported, generated and/or funded by national civil rights organizations and other advocacy groups. As the country struggles to envision what the post-pandemic “new normal” will look like, the orders, rulings and decisions from courts across the country will provide critical guidance to counties and cities in their ongoing efforts to deliver their public service missions and mandates. For example, on May 29 in a 5-4 split decision, the U.S. Supreme Court rejected a First Amendment challenge to California's COVID-19 restrictions on religious services in South Bay United Pentecostal Church v. Newsom. The decision revealed differences among justices.

Please join Meyers Nave constitutional law and public law litigation experts, Deborah Fox and Meg Rosequist, for a webinar addressing the Shelter In Place and Reopening Plan litigation landscape across the country.

The webinar covers:

  • Recent LitigationGish v. Newsom, Cross Culture Christian Center v. Newsom, Best Supplement Guide v. Newsom, Tesla v. Alameda County, Abiding Place Ministries v. Wooten, South Bay United Pentecostal Church v. Newsom, and key cases outside of California
  • Plaintiffs’ Primary Allegations – Individuals, Businesses, Religious Services Providers
  • Defendants’ Key Defenses – Counties, Public Health Officials, Police Departments
  • Tips, Strategies and Best Practices – Litigation Prevention and Positioning to Win