While essential companies continue to operate in the midst of the COVID-19 pandemic, a new set of challenges has appeared on the horizon. Those new challenges come from certain states that have enacted prohibitions to or additional restrictions on essential activities. These restrictions include, for example, reductions in the number of permitted employees, no more than 30% of its employees, etc. So far, the states of Puebla, Nuevo Leon, and Chihuahua have issued such ordinances, though many other states are following on the same path.
The reality is that a state’s authority is limited to certain activities, not including the ability to forbid or restrict activities already acknowledged as essential by the federal government, nor the ability to further restrict those activities as informed in other prior alerts. This has been confirmed by a former Justice of the Supreme Court of Justice, where he clearly stated that only the federal government is authorized by the Federal Constitution to impose or lift such restrictions. Hence, an affected company may challenge such prohibitions or restrictions on essential activities imposed by any state, by seeking federal injunctive relief against such measures, or an award of damages.
富乐律师事务所组建了跨学科、跨司法管辖区的专业团队,已准备了丰富的专题客户资源,随时协助客户应对新冠疫情给各行业利益相关方带来的法律与商业挑战。点击此处访问富乐新冠疫情资源中心,及时掌握相关动态、专业见解及实用资源,助力您在这一特殊时期稳健经营。如需将此类内容直接发送至您的邮箱,请点击此处填写提交表格。