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When the Governor declared a state of emergency back on March 5th, we understood and we began to wash our hands more frequently and to learn the practice of "social distancing." On March 12th, the Governor issued an Executive Order telling us not to congregate in groups of more than 250; we were happy to comply. The March 16th Executive Order reduced the size of gatherings to 50 and explained that in order to save lives, only "essential" businesses could keep operating. We could no longer go out to dinner, or to the movies--or to church.

As the number of people infected continued to rise, along with the death rate, an Executive Order issued on the 23rd of March reduced the size of gatherings to 10 and closed all non-essential businesses. This time, we were all directly affected, including our access to recreation. It hurt, but, again, most of us complied with the Executive Order because we knew these restrictions were temporary and were necessary to curb the spread of this deadly disease. Moreover, we were subject to a $5,000 fine and one year in jail if we did not follow the orders.

It was the March 30th Executive Order that gave us pause. This time, the Order said "All persons living in the State of Maryland are hereby ordered . . . to stay in their homes or places of residences," except for essential travel such as to the grocery store.

That was five and a half weeks ago. During that time, much has been learned about this COVID-19. "When the news first broke about COVID-19, we were hearing estimates of a death toll of 2 million-plus for the United States. There was great fear of waves of casualties, and of hospitals without space and equipment to deal with patients. Under these emergency circumstances, many were open to compromising their freedom and agreeing to lockdown policies.

Now we have better data. We know that the original predictions of between 200,000 and 2 million deaths was wrong. The number of deaths from the virus are less than half of the 200,000 originally predicted. Now, hose who are likely to succumb to the virus can be identified and isolated:

With such a clearly identifiable class of people at risk, our constituents are asking us, WHY:. .

" it is quite clear that the 'collateral damage' of the lockdown varies greatly by class. If you are high-education and high-income, it is quite likely that you are able to maintain your standard of living, work from home, and even keep your kids up to speed with online learning technology. If you are a single mom who has been working paycheck-to-paycheck waiting tables, your experience of this lockdown is wildly different." ( Maryland Public Policy Institute), "One Plolicy Does Not Fit All, Stephen Walters, April 28, 2020)

Partial List of "Essential Businesses" allowed to stay open

As the graph above shows, both week to week data and year to year data show the dramatic difference in performance between those businesses required to close and those allowed to remain open. " The government has provided a lifeline to what are defined as essential retailers which can remain open during the crisis. . . . "As for non-essential brick-and-mortar retailers that sell everything else, they are left out in the cold."

"List of Retail Companies on Bankruptcy Watch is Growing Fast Amid Coronavirus Crisis," by Pamela N. Danziger, April 3, 2020

Getting paid by the state has proved difficult. "The daycares are supposed to be getting paid by the state but have yet to receive a dime. They are also being told they will be punished (aka take their license)if they take money from the “essential employees” for watching their kids. It doesn’t make any sense they are forcing ppl to do something then they aren’t even getting paid for it. This has gone to far. The daycare providers still have expenses and aren’t receiving any cash flow."

To the left are the last five WHEREAS clauses of the March 5th Proclamation establishing the existence of a "catastrophic health emergency" requiring the Governor to exercise emergency powers. T hrough the use of Executive Orders, the Governor was able to suspend the rules and regulations listed above that otherwise would have handcuffed every department and severely impeded the state's ability to respond to the immediate needs of its citizens. The critical clause is as follows:

"The person-to-person spread of COVID-19 indicates that extensive loss of life or serious disability is threatened imminently in all of Maryland” thereby requiring the State “to deploy resources and implement the emergency powers of the Governor to protect the health and safety of Marylanders."

Most of us accepted the orders and restrictions, understanding that little was known about this new virus and recognizing that this new concept of "social distancing" was an important tool in preventing the virus from spreading. As time passed and more restrictions were imposed, however, concerns began to arise questioning the depth and length of the emergency powers. The same question was being considered by the U.S. Attorney General who issued a memorandum to all United States Attorneys, as follows.

Here are some of the issues that prompt constitutional review.

Below are just a few of the many stories of the hardship the continued shutdown has created. Several are from constituents and others are stories from articles dealing with the ravages of the coronavirus.

Port Deposit . There is an owner of a restaurant and bar in Port Deposit who is facing those penalties even though he believed he was in complying with Governor Hogan's regulations for social distancing and crowd size "to the letter of the law." Nonetheless, on a recent Sunday, fifteen uniformed officers from four different law enforcement agencies showed up at the restaurant. They said there were about 70 people on the 'boardwalk' portion of the business some of who were eating and drinking. I don't understand. The way I read the Order is that there was a ban on gatherings which would include the dining rooms of restaurants. Why is the business owner responsible for people who decide to congregate outside of the restaurant, on the boardwalk? I just don't want to do anything wrong. But my business is dying.

"I am the owner/operator of a small entertainment company that uses contract (1099) musicians. I usually employee 4-6 musicians per on and as-needed basis. ... “In-season” these talented men and women are roughly $200 per night on weekends and around $150 per night during the week. Most of them hustle 7 nights a week and some will play “two-a-days” in the summer to earn more.

" These musicians have been completely shut out of the unemployment benefit website They have been told for over a month that they were going to be eligible for benefits beginning today and this morning not only have they been met with numerous technical errors but also insane amounts of red tape.

"These men and women are not playing simply for “beer money”. These are professionals who work hard and pay their bills and feed their children and support the state economy with their talent."

"Would someone like to explain to me why pet grooming services are non-essential?! Grooming is not just so a dog can look pretty, they need it. If their nails aren't cut, they can curl into their paw pads, and cause them to walk on their toes. It is NOT okay. My poor baby's nails are getting long, and we can't do anything. Seriously, since when did we the people let the government decide what was essential for us?"

"I find myself alone, at home, parked in front of a computer for 10 hours a day, with just the company of my cat. I am disoriented, unfocused, lonely, sad and worried. I don't deal well with the unknown so I feel that I have control of nothing. The future does not exist."

"With recent protections for tenants for non-payment of rent, what resources are available for Landlords depending on rent payments to meet mortgage obligations, pay taxes, and have money to live? I am referring to Mom and Pop landlords for whom this is their only business/job?"

In light of the horrors of this coronavirus pandemic, the many lives it has taken, the number of businesses it has destroyed, and the number of jobs it has eliminated, it is important to search for and appreciate the few positive things that have occurred. To wit: