Monthly Archives: April 2020

Where: San Francisco, CA What: The city has been paying for hotel rooms. City Controller estimates that the 7,000 rooms could cost over $105 M over 90 days What’s Phase 2? Commandeering hotel rooms which prompted this memo from the City Attorney Office Curbed San Francisco | SF mayor, county may seize private buildings for […]

Where: California What new rules may be imposed on restaurant owners? disposable menus temperature testing patrons increased cleaning and sanitation reduced in restaurant capacity mask requirements for what staff Sacramento Bee | Disposable menus and temperature checks. A new normal is coming when COVID-19 restrictions lift

California Governor listed 6 factors to consider in re-opening the state for business: Expanding testing Protecting high risk groups, including seniors, the medically vulnerable and people in facilities like nursing homes Ensuring hospitals have enough beds and supplies to care for patients Progress in developing treatments Ability of schools and businesses to support physical distancing […]

Where: New Jersey What does the Executive Order permit? The New Jersey Civilian Defense and Disaster Control Act allows the Governor to permit the taking of property with compensation Including the state commandeering/taking personal services by the State Director of Emergency Management How will compensation be decided for these takings? The Act allows the Governor […]

Where: Florida Why are courts are deciding whether the Governor can be forced to close beaches statewide? The Governor only closed beaches in Broward and Palm Beach counties Local officials would like to close other local beaches Property Rights activists got involved Lawsuits ensued Uhlfelder v. DeSantis, Fla. Cir. Ct., 20-CA-552, 4/7/20 Mike Huckabee, filed […]

What government actions support the government taking hotel rooms? Presidential Declaration included the Stafford Act authorizes FEMA to exercise the right of eminent domain to acquire both physical facilities and supplies California Governor’s executive order allows the commandeering of any hotel or medical facility in California and use it to treat COVID-19 Compensation? Yes, but […]

Where are drones being used as a method to combat the pandemic? France, Italy & China use drones to monitor public places Chula Vista, California is using drones to communicate with people who live in remote areas Police in Derbyshire, U.K. has used drones to take photos of people engaged in nonessential activities like at […]

KP-0297 (2020) clarifies which licensing agency has authority when a physician, a retailer and an optometrist co-exist in one space. The takeaways: Physicians without a doubt can practice optometry just because an act is done at the physician’s direction does not create a blanket exemption from the Texas Optometry Act  without this view, the Optometry […]

How did Dallas begin taxing short term rentals? When a company the City hired to collect back taxes sent bills for unpaid hotel occupancy tax to short term rental owners How will Dallas collect the hotel tax from short term rentals moving forward? hosts will pay quarterly taxes will not allow rental apps to collect […]

Who is asking for an attorney general opinion? The Hood County Attorney What questions does the Hood County Attorney want answered? May local governments commandeer private property under Government Code Section 418.108, when this authority is only vested in the governor under section 418.017(c)? Is temporarily closing business or access to a business a depravation […]