HomeMy WebLinkAbout2020CV2192 - Donna Walter & Mark Milliman V. Governor Jared Polis, Jeffrey J. Zayach, Tom Gonzalez, And Darin Atteberry - 023B - Exhibit B To Motion To Dismiss
B
EXHIBIT B
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D 2020 219
EXECUTIVE ORDER
Amending and Extending Executive Orders D 2020 039, D 2020 067, D 2020 092, D 2020
110, D 2020 138, D 2020 164, and D 2020 190 Ordering Individuals in Colorado to Wear
Non-Medical Face Coverings
Pursuant to the authority vested in the Governor of the State of Colorado and, in
particular, pursuant to Article IV, Section 2 of the Colorado Constitution and the relevant
portions of the Colorado Disaster Emergency Act, C.R.S. § 24-33.5-701 et seq., I, Jared Polis,
Governor of the State of Colorado, hereby issue this Executive Order amending and extending
Executive Orders D 2020 039, D 2020 067, D 2020 092, D 2020 110, D 2020 138, D 2020 164,
and D 2020 190 ordering individuals in Colorado to wear a medical or non-medical face
covering due to the presence of coronavirus-2019 (COVID-19) in Colorado.
I.Background and Purpose
On March 5, 2020, the Colorado Department of Public Health and Environment’s
(CDPHE) public health laboratory confirmed the first presumptive positive COVID-19 test result
in Colorado. Since then, the number of confirmed cases has continued to climb, and there is
community spread throughout the State. We have seen over 37,000 infections and lost over 1,700
Coloradans. I verbally declared a disaster emergency on March 10, 2020, and on March 11,
2020, I issued the corresponding Executive Order D 2020 003, as amended or extended by
Executive Orders D 2020 018, D 2020 032, D 2020 058, D 2020 076, D 2020 109, D 2020 125,
D 2020 152, D 2020 176, and D 2020 205. On March 25, 2020, I requested that the President of
the United States declare a Major Disaster for the State of Colorado, pursuant to the Stafford Act.
The President approved that request on March 28, 2020.
My administration, along with other State, local, and federal authorities, has taken a wide
array of actions to mitigate the effects of the pandemic, prevent further spread, and protect
against overwhelming our health care resources. While we have seen indications that our efforts
to “flatten the curve” are working, transmission of the virus continues to threaten Coloradans’
way of life and livelihoods and current data shows a recent increase in COVID infections. As we
take steps to return Coloradans to work, we must continue to take measures to facilitate
reopening the economy while protecting public health by taking steps to incorporate best
practices to protect individuals from infection.
We have learned that widespread mask use is a low cost and highly effective way to
reduce the spread of COVID-19 infections by as much as 65%. Broad adoption of mask wearing
in Colorado may have significant economic benefits by allowing the State to prevent re-closures
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Executive Order D 2020 219
October 11, 2020
Page 2 of 2
of businesses and schools and, ultimately, return to our normal lives more quickly. A recent
study from Goldman Sachs concluded that a federal mask mandate could save the U.S. economy
from taking a 5% hit to the Gross Domestic Product (GDP). At this time, thirty-nine Colorado
counties and municipalities already have mandatory mask orders in place.
Under Executive Order D 2020 110, mask wearing is mandatory for employees,
contractors, and others providing services for Mass Transportation Operations and Critical
Businesses as well as for State and county employees and the individuals they serve at
Government Offices and Facilities. These requirements remain intact with this Executive Order.
This Executive Order amends and extends Executive Orders D 2020 039, D 2020 067, D
2020 092, D 2020 110, D 2020 138, D 2020 164, and D 2020 190 to protect Coloradans by
requiring individuals in Colorado to wear a non-medical face covering over their nose and
mouth, subject to several exceptions.
II. Amendment
Executive Order D 2020 110, as amended or extended by Executive Orders D 2020 138,
D 2020 164, and D 2020 190 is further amended as follows:
1. Add a new Paragraph S. to the end of Section II. that states the following:
S. CDPHE, in consultation with the appropriate Local Public Health Administration,
may grant waivers for certain indoor activities that take place for a limited time
period if such activities cannot practically or safely be performed while wearing a
mask.
III. Duration
Executive Order D 2020 039, as amended or extended by Executive Order D 2020 067, D
2020 092, D 2020 110, D 2020 138, D 2020 164, D 2020 190, and this Executive Order, shall
expire thirty (30) days from October 11, 2020, unless extended further by Executive Order. In
all other respects, Executive Order D 2020 039, as amended or extended by Executive Orders D
2020 067, D 2020 092, D 2020 110, D 2020 138, D 2020 164, and D 2020 190 shall remain in
full force and effect as originally promulgated.
GIVEN under my hand and the
Executive Seal of the State of
Colorado, this eleventh day of
September, 2020.
Jared Polis
Governor
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