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Government responses to and political effects of the coronavirus pandemic, 2020 (Alabama)
Ballotpedia’s coverage of COVID-19 includes how federal, state, and local governments are responding, and how those responses are influencing election rules and operations, political campaigns, the economy, schools, and more.
This article contains coverage of eight kinds of state government responses to the coronavirus pandemic in 2020. The article tracks developments in these areas that took place between the start of the pandemic in March 2020 through Dec. 4, 2020. The government responses covered here include:
- Changes to election dates and procedures in 2020
- Initial stay-at-home orders
- Executive orders
- Coronavirus-related legislation in 2020
- Changes to the state's 2020 legislative session
- Court closures
- The release of inmates
- Rent, mortgage, eviction, and foreclosure policies
Additionally, the article includes:
- Arguments related to the state's response to the coronavirus
- Individual industries and activities from May 15 through July 31
- The state's initial plan to reopen from March and April 2020 closures
- Coronavirus resources relevant to the state.
To view current coverage areas, including mask requirements, school responses, travel restrictions, and much more, click a state in the map below.
Changes to election dates and procedures, March 16 through November 19
General election changes
Alabama modified its absentee/mail-in voting and candidate filing procedures for the November 3, 2020, general election as follows:
- Absentee/mail-in voting: Any qualified voter could cast an absentee ballot in the general election.
- Candidate filing procedures: The petition deadline for unaffiliated presidential candidates was extended to August 20, 2020.
For a full timeline about election modifications made in response to the COVID-19 outbreak, click here.
Primary election changes
Alabama modified its primary runoff election date as follows:
- Election postponements: The primary runoff election, originally scheduled for March 31, 2020, was postponed to July 14.
For a full timeline about election modifications made in response to the COVID-19 outbreak, click here.
Click the gray bar below for more detailed information.
Statewide stay-at-home order, March 23 through December 4
On April 3, 2020, Governor Kay Ivey (R) and State Health Director Scott Harris issued "Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19," which directed individuals in the state to stay home unless performing essential activities and placed restrictions on non-essential businesses. The order was set to take effect on April 4, 2020, and expire on April 30, 2020.[13][14] On April 28, Ivey announced that she would not extend the stay-at-home order beyond its April 30 expiration date.[15]
The order, embedded below, specifies both essential activities and essential businesses.[13]
Executive orders, March 30 through June 29
- State of Emergency declared
- Gov. Kay Ivey establishes Coronavirus Task Force
- Department of Public Health Order
- Supplemental State of Emergency: Coronavirus COVID-19
- Governor Ivey Issues Statement on Updated Public Health Precautionary Guidelines
- Governor Ivey Issues Statement on Statewide Public Health Order
- Governor Ivey Issues Statement on Updated Statewide Public Health Order
- Second Supplemental State of Emergency
- Third Supplemental State of Emergency
- Fourth Supplemental State of Emergency
- Gov. Ivey awards $9.5 million in broadband extension grants
- Sixth Supplemental State of Emergency
- Gov. Ivey Issues Stay at Home Order
- Seventh Supplemental State of Emergency
- Safer at Home Order
- Safer at Home Order
- Order of the State Health Officer Regarding Non-Congregate Sheltering
- Order of the State Health Officer Suspending Certain Public Gatherings
- Emergency Order of the State Health Officer
- Eighth Supplemental State of Emergency
- Ninth Supplemental State of Emergency
- Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19
- Tenth Supplemental State of Emergency
- Order of the State Health Officer Suspending Certain Public Gatherings
Court closures, March 17 through November 4
- May 13, 2020: The Alabama Supreme Court announced that restrictions on in-person proceedings would end on May 15, but jury trials were suspended through September 14. The order authorized local courts to set local restrictions through August 15.[16]
- April 30, 2020: The Alabama Supreme Court extended restrictions on in-person proceedings and suspension of jury trials through May 15. Prior to the order, restrictions were set to expire that day.[17]
- April 2, 2020: The Alabama Supreme Court extended restrictions on in-person proceedings and suspended jury trials through April 30.[18]
- March 17, 2020: The Alabama Supreme Court extended their March 14 order, and suspended in-person proceedings through April 20.[19]
- March 14, 2020: The Alabama Supreme Court ordered that all in-person proceedings be suspended from March 16 through April 16. State and local courts were directed to remain open.[20]
Legislative session changes, March 20 through October 1
On March 16, 2020, the Alabama House of Representatives announced a suspension of legislative activity in response to the coronavirus pandemic, canceling all committee meetings scheduled for March 25, 2020. The House was scheduled to meet on March 26, 2020, but a quorum was not expected. Both the House and the Alabama State Senate were scheduled to reconvene on March 31, 2020, in keeping with their original schedules. At that time, according to a statement from House leadership, "a joint decision [would] be made as to future legislative meeting days."[21]
On March 31, 2020, lawmakers approved a suspension of all legislative activity through April 28, 2020. That suspension was then extended to May 4, 2020, at which point the legislature reconvened. The legislature adjourned on May 18, 2020.[22][23][24]
Proposed and enacted legislation, March 25 through August 19
See below for a complete list of bills related to the coronavirus pandemic in Alabama. To learn more about a particular bill, click its title. This information is provided by BillTrack50 and LegiScan.
Rent, mortgage, eviction, and foreclosure policies, April 9 through November 24
- June 1, 2020: Gov. Kay Ivey's moratorium on evictions and foreclosures expired on June 1.[25]
- April 3, 2020: Gov. Kay Ivey issued a stay-at-home order, part of which prohibited state, county and local law enforcement from displacing residents from their home through the end of the coronavirus pandemic.[26][27]
Prison inmate release responses, March 30 through July 1
- Between March 30 and July 1, Alabama did not make an announcement concerning the release of incarcerated individuals due to coronavirus on a state level. A few counties released inmates on the local level. [28]
Noteworthy lawsuits
Munza v. Ivey: On August 11, 2020, Montgomery County Circuit Court Judge Greg Griffin dismissed a lawsuit challenging Alabama Gov. Kay Ivey’s (R) authority to mandate the wearing of face masks to help mitigate the spread of COVID-19. In their complaint, the plaintiffs argued that the mask mandate was promulgated in violation of the Alabama Administrative Procedure Act (AAPA). The plaintiffs alleged that the Alabama Board of Health failed to meet statutory notice and administrative review requirements prior to the issuance of the mask mandate. As a result, the plaintiffs argued, the order was "nothing more than an expression, and does not carry the weight of law and it cannot be valid or effective against any person or party until the proper procedures are met." In their motion to dismiss, state officials argued that the plaintiffs incorrectly challenged the legal basis for the mask mandate. They argued that because Ivey incorporated the order into a gubernatorial proclamation under her own authority, granted by the Emergency Management Act, the plaintiffs' claims were without merit. After hearing oral arguments, Griffin dismissed the case from the bench without explanation.[29][30][31]
The plaintiffs appealed to the state supreme court. On March 19, 2021, the Alabama Supreme Court unanimously affirmed the lower court's dismissal, finding that the plaintiffs lacked standing to proceed with their action. Justice Michael Bolin (R), writing for the court, said that the plaintiffs had failed to prove they were directly injured by the statewide mask order. Bolin also said that the plaintiffs had failed "to even state that they have refused to wear masks or facial coverings in public such that they could be subject to an enforcement action." Alabama's mask mandate was set to expire on April 9, 2021.[32][33]
Case v. Ivey: On September 24, 2020, seven Alabama residents, represented by former Alabama Chief Justice Roy Moore (R), filed suit in federal district court against Governor Kay Ivey (R) and State Health Officer Dr. Scott Harris. The plaintiffs alleged that both Ivey and Harris had repeatedly exceeded their constitutional authority by issuing emergency orders. The plaintiffs argued that the "Orders, Proclamations, and Mandates of both Governor Ivey and State Health Officer Harris" had been enforced as law and thus "violate the Due Process Clause of the Fourteenth Amendment." The plaintiffs also alleged that Ivey and Harris had "unlawfully and in direct contradiction to the Establishment Clause of the First Amendment … effectively prohibited worship services" through the imposition of gathering size restrictions and social distancing orders. In response to the filing, a spokeswoman for Ivey said, "The governor is pleased with our state’s progress in terms of COVID-19 and reminds everyone to keep at it." Although the suit was originally filed in the U.S. District Court for the Northern District of Alabama, it was later moved to the Middle District.[34][35]
Ballotpedia is covering the debate over continuing restrictions and closures in Alabama in response to the coronavirus pandemic. Click on the links below to read more about these debates.
- Debate over the stay-at-home order
- Debate over prisons and inmates
- Debate over abortion
- Debate over school closures
- Debate over religious service restrictions
- Debate over election policy
Status of industries, May 15 through July 31
Between May 15 and July 31, we conducted detailed tracking of industries and activities in each state daily.
- "Yes" means an activity was allowed or an industry was permitted to open. "No" means an activity was not allowed or an industry was not permitted to reopen.
- Some rules were applied regionally rather than statewide. Each cell shows the loosest restriction in place at the time, or the broadest level of an activity permitted in the state, even if that activity was only permitted regionally. Where applicable, we indicated that an activity was only permitted regionally, and provided details in a cell note. For example, if gyms were permitted to open in half of a state, the spreadsheet would say "Yes (regionally)," and differences between the regions would be explained in a note.
- A lack of detail in a note or parentheses does not necessarily mean that an activity or industry was "back to normal." We did our best to capture caveats, exceptions, and modifications to activities. We acknowledge, though, that states put forth a large number of requirements for many industries and activities.
Initial reopening plan from March and April 2020 closures
Alabama released an initial reopening plan from March and April 2020 closures on April 28, 2020. An analysis of this plan appeared in our Documenting America's Path to Recovery newsletter on May 26. The sections below include an analysis of the plan, the details of the plan, and reactions from officials to the plan.
Summary from Documenting America's Path to Recovery
On April 28, Gov. Kay Ivey (R) and State Health Director Scott Harris announced they would allow Alabama's stay-at-home order to expire on April 30. At that time, some businesses that had been closed under the stay-at-home order were allowed to resume operations, subject to social distancing guidelines and capacity restrictions. Ivey and Harris unveiled a three-phase framework for reopening businesses and resuming non-essential activities:
- Stay-at-home, the period covered by the original stay-at-home, which expired on April 30;
- Safer-at-home, the period beginning April 30 and continuing to present; and
- Safer-apart, the duration and details of which have not been publicly released.
Ivey said, "As of this week, we no longer believe our hospitals will see an overwhelming amount of ICU patients who need ventilators as we once believed. And that is good news for sure. While we have not seen a decrease in the amount of newly diagnosed COVID-19 patients, we have seen stabilization, a leveling off, if you will, in the amount of cases. Like everyone else, I look forward to easing back into our routines with caution. Just like we eased into this current stay at home order, we will also be thoughtful and careful as we ease back into our social interactions." Ivey and Scott have issued two amended safer-at-home orders, which further eased restrictions on individuals and businesses.
Context
- Ivey and Harris issued Alabama's original statewide stay-at-home order on April 3. It took effect at 5:00 p.m. on April 4 and continued through 5:00 p.m. on April 30. Under the stay-at-home order, Alabamans were ordered to remain at home unless carrying out essential tasks (e.g., obtaining necessary supplies, attending religious services, etc.).
- As of May 25, there had been 14,730 confirmed COVID-19 cases and 562 confirmed fatalities. Alabama had an estimated population of 4.9 million as of July 2019. The state had 300.4 confirmed COVID-19 cases and 11.5 confirmed fatalities per 100,000 residents.
- Alabama is a Republican trifecta, with a Republican governor and Republican majorities in both chambers of the state legislature.
Plan details
Safer-at-home order: At 5:00 p.m. on April 30, the safer-at-home order took effect, establishing the following restrictions and guidelines for individuals and businesses. Guidelines for individuals: Individuals encouraged, but not required, to minimize travel outside the home and wear face coverings in public. Social gatherings of 10 people or more remained prohibited. Guidelines for businesses: Employers were required to do the following:
- Maintain six feet of separation between employees.
- Avoid or reduce gatherings of 10 employees or more.
- Regularly disinfect frequently used objects and surfaces.
- Encourage hand washing.
- Prevent ill employees from coming into contact with others.
- Facilitate remote working arrangements and minimize employee travel.
The following businesses and services were allowed to resume operations:
- Retailers (50% capacity).
- Beaches.
- Non-emergency medical procedures.
The following businesses and services were ordered to remain closed:
- Entertainment venues (e.g., night clubs, bowling alleys, arcades, concert venues, etc.).
- Athletic facilities (e.g., fitness centers, commercial gyms, spas, etc.) and athletic activities.
- Educational institutions.
- Child-care facilities (serving 12 or more children).
- Close-contact service providers (e.g., barbershops, hair salons, body art facilities, etc.).
- Dine-in service at restaurants and other eateries.
- Summer camps.
First amended safer-at-home order: On May 11, an amended safer-at-home order took effect, implementing the following modifications: Guidelines for individuals: The prohibition against social gatherings of 10 people or more was lifted. Guidelines for businesses: The following businesses and services were allowed to resume operations:
- Close-contact service providers (employees required to wear face coverings when providing services).
- Athletic facilities (employees required to wear face coverings when interacting with clients).
- Dine-in service at restaurants and other eateries (party size limited to eight; six feet of distance between tables, booths, etc.; employees required to wear face coverings when interacting with customers).
Second amended safer-at-home order: On May 22, a second amended safer-at-home order took effect, implementing the following modifications: Guidelines for businesses: The following businesses and services were allowed to resume operations:
- Entertainment venues (50% capacity; employees required to wear face coverings when interacting with clients or guests).
- Athletic activities (practices allowed effective May 23; competitions allowed effective June 15).
- Educational institutions (effective June 1).
- Child-care facilities (effective May 23).
- Summer camps.
Reactions
- Fred McCallum, interim president and CEO of the Birmingham Business Alliance, issued a statement on the first round of reopenings that took effect on April 30: "The Birmingham business community would like to thank Governor Ivey for making sure the decision to reopen businesses throughout the state was methodical and informed by data, science and input from businesses and elected officials, and vetted through a team of experts in those areas from around the state. However, many small- and mid-size businesses in Birmingham are experiencing severe hardship due to closures, and they struggle with a difference of opinion on when and how businesses should reopen. While we appreciate the Governor’s cautious approach to the reopening process, we do look forward to the opening of many more businesses on or before May 15, 2020.”
- U.S. Rep. Robert Aderholt (R) supported easing restrictions through the course of May: "The first three weeks of May have been eventful for all of us, as parts of our economy in Alabama have reopened and as more economic relief bills have been brought before Congress. I am glad that our state is holding strong and loosening restrictions so that we can go to church, get a haircut, and even sit down for a meal at certain restaurants. This is solid progress, and I am hopeful that we will see more of it as we move further into May. Although there is not a great deal of good news coming from Washington, there is good news in Alabama. As you all know and have experienced, our state is one of the most open in the entire country. Some studies have us ranked as the 4th most open state out of all 50 in the union. This is fantastic, especially since the number of cases has not spiked since enacting these measures."
- Josh Moon, in an op-ed for Alabama Political Reporter, criticized the amended safer-at-home orders: "A week ago, after telling people that it would be data that determined when Alabama reopens, and that she would follow the White House guidelines for reopening, she did neither. Instead, she did exactly what she said she wouldn’t do — used a date to determine that it was time to lift restrictions. The lockdown had gone on too long, Ivey said, and it was time to lift it. She did so as positive cases were on the rise. And with absolutely no plan for comprehensive testing and tracing — the one thing that Ivey and all medical experts said we HAD to have before we could safely lift restrictions."
- In an interview with CNN, Montgomery Mayor Steven Reed criticized the pace of reopening throughout the state: "I think certainly people have decided that the pandemic is over, that there's not a risk out. They are ready to get back to their normal way of doing things, and that’s a mistake that we’ve been making over the last few weeks as we have kind of eased restrictions in this community and across the state. It's giving people a false sense of security. We’re still in the middle of a crisis. We’re still battling this pandemic. We still have to practice social distancing. We have to wear masks when we're in public."
Click the links below to explore official resources related to the coronavirus outbreak.
State resources
Twitter feeds for government officials and agencies appear below.
Tweets by Governor Kay Ivey Tweets by Alabama Public Health Tweets by Alabama Education Association
Federal resources
- Centers for Disease Control and Prevention (CDC), U.S. Department of Health & Human Services
- National Institutes of Health, U.S. Department of Health & Human Services
- Occupational Safety and Health Administration, U.S. Department of Labor
- U.S. Department of Education
- World Health Organization
See also
- Documenting America's Path to Recovery
- Alabama’s path to recovery from the coronavirus pandemic
- School responses in Alabama to the coronavirus pandemic
- School responses to the coronavirus pandemic by state
- COVID-19 vaccine distribution by state
- Travel restrictions by state
- Federal government responses to the coronavirus pandemic
Footnotes
- ↑ 1.0 1.1 1.2 Supreme Court of the United States, "Merrill v. People First of Alabama: On Application for Stay," October 21, 2020
- ↑ Twitter, "Zoe Tillman: Oct. 13, 2020 - 12:08 PM," accessed October 13, 2020
- ↑ United States District Court for the Northern District of Alabama, "People First of Alabama v. Merrill: Findings of Fact and Conclusions of Law," September 30, 2020
- ↑ Alabama Secretary of State, "Certification of Emergency Rules Filed with Legislative Services Agency," July 17, 2020
- ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Supreme Court of the United States, "Merrill v. People First of Alabama: Emergency Application for Stay," July 2, 2020
- ↑ United States Court of Appeals for the Eleventh Circuit, "People First of Alabama v. Merrill: Order," June 25, 2020
- ↑ Supreme Court of the United States, "Merrill v. People First of Alabama: Emergency Application for Stay," June 29, 2020
- ↑ United States District Court for the Northern District of Alabama, "People First of Alabama v. Merrill: Memorandum Opinion," June 15, 2020
- ↑ Ballot Access News, "Alabama Extends Independent Presidential Petition by One Week," May 25, 2020
- ↑ Office of the Governor of Alabama, "Governor Ivey Announces New Primary Runoff Election Date," March 18, 2020
- ↑ Alabama Secretary of State, "March 31 Runoff Election Postponed Until July 14," accessed March 18, 2020
- ↑ 13.0 13.1 Office of the Governor of Alabama, "Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19," April 3, 2020
- ↑ Office of the Governor of Alabama, "Governor Ivey Issues Stay at Home Order," April 3, 2020
- ↑ Twitter, "Kay Ivey on April 28, 2020," accessed April 28, 2020
- ↑ National Center for State Courts, "Coronavirus and the Courts," May 14, 2020
- ↑ [https://www.alacourt.gov/docs/Administrative%20Order%20No.%206.pdf In The Supreme Court of Alabama, "Administrative Order 6: Extending Orders and Deadlines Concerning the Suspension of Jury Trials and In-Person Proceedings," April 30, 2020}
- ↑ National Center for State Courts, "Coronavirus and the Courts," April 14, 2020
- ↑ In the Supreme Court of Alabama "ADMINISTRATIVE ORDER NO. 3 PERTAINING TO THE BRIEFING AND FILING DEADLINES IN THE APPELLATE COURTS," March 17, 2020
- ↑ Alabama News Network, "Alabama Courts: All In-Person Court Proceedings Suspended for 30 Days," March 14, 2020
- ↑ Alabama Political Reporter, "Alabama House cancels March 25 committee meetings due to coronavirus," March 17, 2020
- ↑ News 5 WKRG, "Alabama lawmakers suspend 2020 legislative session, will return in late April," April 1, 2020
- ↑ MultiState, "2020 Legislative Session Dates," last updated April 27, 2020
- ↑ CBS 42, "Alabama Legislature reconvening Monday despite coronavirus outbreak," May 4, 2020
- ↑ NOLO, "Emergency Bans on Evictions and Other Tenant Protections Related to Coronavirus," accessed June 22, 2020
- ↑ ABC 33/44, "Alabama stay-at-home order prohibits evictions & foreclosures during COVID-19 crisis," April 13, 2020
- ↑ Million Acres, "Cities and States That Have Paused Evictions Due to COVID-19," April, 3, 2020
- ↑ Montgomery Advertiser, "Coronavirus: County jail inmates ordered released in Autauga, Elmore, Chilton counties," March 18, 2020
- ↑ AL.com, "Judge dismisses lawsuit challenging Alabama Gov. Kay Ivey’s statewide mask order," August 11, 2020
- ↑ Montgomery County Circuit Court, "Munza v. Ivey: Complaint," July 24, 2020
- ↑ Montgomery County Circuit Court, "Munza v. Ivey: Motion to Dismiss," July 27, 2020
- ↑ Montgomery County Circuit Court, "Munza v. Ivey: Complaint for Temporary Restraining Order, Preliminary Injunction, and Injunctive Relief," accessed March 23, 2021
- ↑ Supreme Court of Alabama, "Munza v. Ivey: Appeal from Montgomery Circuit Court," March 19, 2021
- ↑ United States District Court for the Northern District of Alabama, "Case v. Ivey: Complaint," September 24, 2020
- ↑ AL.com, "Gov. Kay Ivey, Public Health Officer Scott Harris sued over mask order, other coronavirus measures," September 24, 2020
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