_ _ FILED _ _,RECEIVED
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COUNSEl.ffeARTIES OF RECORD
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1 I MAY O3 2022
CLERK US DISTRICT COURT
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UNITED STATES DISTRli:T collfttTRICT OF NEVADA
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DISTRICT OF NE ·-· . DEPlJIY
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IN RE: FACE COVERINGS FOR COUR
6 AMENDED 1 TEMPORARY
PROCEEDINGS DUE TO
GENERAL ORDER 2022-02
7 CIRCUMSTANCES CREATED BY COVID
19 AND RELATED CORONAVIRUS
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9 This Court has issued a series of general orders changing how the Court operates
1o to do its part in containing the spread of COVID-19 and responding to the ever-changing
11 and dynamic threats created by the pandemic. 2 In furtherance of these ongoing efforts
12 and in light of the CDC's more recent guidance on face coverings for indoor spaces, the
13 Court hereby suspends Second Amended Temporary General Order 2020-08 requiring
14 face coverings for access to the federal courthouses in the District of Nevada.
15 The CDC has adopted a new, three-tiered approach to face covering guidance that
16 depends not just on the level of COVID-19 community transmission in a particular county
17 but also on COVID-19 related hospitalizations, deaths, and hospital capacity. 3 Washoe
18 County and Clark County, where the courthouses are located, are currently designated
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21 As further explained below, this amended order removes the exception present in
Temporary General Order 2022-02 that face coverings must nonetheless be worn during
22 court proceedings unless the presiding judge orders otherwise.
23 2 See, e.g., General Orders 2020-02, 2020-03, 2020-04, 2020-05, 2020-09
(available at https://www.nvd.uscourts.gov/court-information/rules-and-orders/general-
24 orders/\.
25 3See CDC, Use and Care of Masks (Last Visited April 28, 2022),
https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about-face-
26 coverinqs.html.
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1 "Low" risk, so the CDC does not recommend that anyone be required to wear a mask in
2 these counties. 4
3 The Court therefore suspends Second Amended Temporary General Order 2020-
4 08 per the CDC's guidance. However, should Clark or Washoe County move into the
5 "High" risk category, Second Amended Temporary General Order 2020-08 will
6 automatically go back into effect. Similarly, should that order go back into effect and then
7 the risk level in either county drops back to "Low'' or "Medium," the order would
8 automatically be suspended again. Said otherwise, the Court's face-covering policy will
9 generally follow the CDC's recommendations as those recommendations evolve based
10 on applicable data.
11 While Temporary General Order 2022-02 required that people wear face coverings
12 during court proceedings unless the presiding judge ordered otherwise, the Court has
13 held numerous in-person trials and other proceedings since then. Those experiences
14 have convinced the Court that court proceedings may continue safely without requiring
15 all people involved to wear face coverings. Moreover, the public is no longer required to
16 wear face coverings in any other public setting in the District, including in airports and on
17 public transit. 5 Those who are required to attend court proceedings have accordingly
18 grown used to those around them no longer wearing face coverings.
19 II/
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23 See CDC, COVID-19 Community Levels, (Last Visited April 28, 2022),
https://www .cdc.gov/coronavirus/2019-ncov/science/community-levels. html.
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25 See CDC, CDC Mask Order Remains in Effect and CDC Realigns Travel Health
Notice System (Apr. 13, 2022), https://www.cdc.gov/media/releases/2022/s0413-mask-
26 order.html (noting that security directive regarding face coverings on public transit was
set to expire May 3, 2022).
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1 In sum, at this time, the Court no longer requires anyone to wear a face covering
2 during court proceedings.
3 This order is effective from this 3rd Day of May 2022 until further notice.
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MIRANDA M. DU, CHIEF JUDGE
7 UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF NEVADA
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