City and County of
`San Francisco
`
`Department of Public Health
`Order of the Health Officer
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`ORDER OF THE HEALTH OFFICER No. C19-07
`
`ORDER OF THE HEALTH OFFICER
`OF THE CITY AND COUNTY OF SAN FRANCISCO DIRECTING
`ALL INDIVIDUALS LIVING IN THE COUNTY TO SHELTER AT THEIR
`PLACE OF RESIDENCE EXCEPT THAT THEY MAY LEAVE TO
`PROVIDE OR RECEIVE CERTAIN ESSENTIAL SERVICES OR
`ENGAGE IN CERTAIN ESSENTIAL ACTIVITIES AND WORK FOR
`ESSENTIAL BUSINESS AND GOVERNMENT SERVICES; EXEMPTING
`INDIVIDUALS EXPERIENCING HOMELESSNESS FROM THE
`SHELTER IN PLACE ORDER BUT URGING THEM TO FIND SHELTER
`AND GOVERNMENT AGENCIES TO PROVIDE IT; DIRECTING ALL
`BUSINESSES AND GOVERNMENTAL AGENCIES TO CEASE NON-
`ESSENTIAL OPERATIONS AT PHYSICAL LOCATIONS IN THE
`COUNTY; PROHIBITING ALL NON-ESSENTIAL GATHERINGS OF
`ANY NUMBER OF INDIVIDUALS; AND ORDERING CESSATION OF
`ALL NON-ESSENTIAL TRAVEL
`
`(SHELTER IN PLACE)
`DATE OF ORDER: March 16, 2020
`
`
`
`Please read this Order carefully. Violation of or failure to comply with this Order is a
`misdemeanor punishable by fine, imprisonment, or both. (California Health and Safety
`Code § 120295, et seq.; California Penal Code §§ 69, 148(a)(1); San Francisco
`Administrative Code section 7.17(b).)
`
`
`Summary: The virus that causes Coronavirus 2019 Disease (“COVID-19”) is easily
`transmitted, especially in group settings, and it is essential that the spread of the virus be
`slowed to protect the ability of public and private health care providers to handle the
`influx of new patients and safeguard public health and safety. Because of the risk of the
`rapid spread of the virus, and the need to protect all members of the community and the
`Bay Area region, especially including our members most vulnerable to the virus and also
`health care providers, this Order requires all individuals anywhere in San Francisco to
`shelter in place—that is, stay at home—except for certain essential activities and work to
`provide essential business and government services or perform essential public
`infrastructure construction, including housing. This order begins at 12:01 a.m. on March
`17, 2020 and will continue for three weeks through April 7, 2020, subject to the limited
`exceptions and under the terms and conditions more particularly set forth below.
`
`Gatherings of individuals outside the home are generally prohibited, with certain
`exceptions for essential activities or essential travel or to perform work for essential
`businesses and government agencies or perform essential infrastructure work. Consistent
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`Apple. Ex. 1042, p. 1
`Apple v. Fintiv
`IPR2020-00019
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`Department of Public Health
`City and County of
`Order of the Health Officer
`San Francisco
`ORDER OF THE HEALTH OFFICER No. C19-07
`
`
`with the directive issued by Governor Gavin Newsom on March 15, 2020, all bars and
`nightclubs are ordered closed. Restaurants and cafes—regardless of their seating
`capacity—that serve food are ordered closed except solely for takeout and delivery
`service. Additionally, all gyms and recreation facilities are ordered closed. Homeless
`individuals are not subject to the shelter in place order but are strongly urged to find
`shelter and government agencies are urged to take steps needed to provide shelter for
`those individuals.
`
`Under any of the limited circumstances in which individuals are allowed to interact in
`person outside their residence, the Health Officer orders individuals to abide by the
`following requirements: (i) maintain at least six feet from other individuals, wash hands
`with soap and water for at least 20 seconds as frequently as possible or using hand
`sanitizer, cover coughs or sneezes, and not shake hands; (ii) for people with medical
`conditions, regardless of age, that put them at higher risk of serious complications should
`they get COVID-19, and other than health care workers and other essential providers,
`avoid leaving their homes to the extent possible; and (iii) for employers in San Francisco
`that do not provide essential businesses or government services, take all steps necessary
`for employees to work remotely from home to the extent possible. These requirements
`build on the California Department of Public Health and United States Centers for
`Disease Control and Prevention guidelines issued March 11, 2020, extended as necessary
`to address the health emergency affecting the Bay Area region. No individual who is sick
`may go to the workplace or be outside the home except as necessary to seek or receive
`medical care in accordance with guidance from public health officials. The Health
`Officer may revise this Order as the situation evolves, and facilities must stay updated by
`checking the City Administrator’s website (sfgsa.org) regularly.
`
`This Order revokes and replaces Order Number C19-05b, issued March 13, 2020, and
`C19-02, issued March 7, 2020. Those orders are no longer in effect as of the effective
`date and time of this Order. This Order does not revoke Order Numbers C19-01b, C19-
`03, C19-04, or C19-06.
`
`
`
`UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE
`SECTIONS 101040, 101085, AND 120175, THE HEALTH OFFICER OF THE CITY AND
`COUNTY OF SAN FRANCISCO (“HEALTH OFFICER”) ORDERS:
`
`
`1. The intent of this Order is to ensure that the maximum number of people self-isolate
`in their places of residence to the maximum extent feasible, while enabling essential
`services to continue, to slow the spread of COVID-19 to the maximum extent
`possible. When people need to leave their places of residence, whether to obtain or
`perform vital services, or to otherwise facilitate authorized activities necessary for
`continuity of social and commercial life, they should at all times reasonably possible
`comply with Social Distancing Requirements as defined in Section 10 below. All
`provisions of this Order should be interpreted to effectuate this intent. Failure to
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`2
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`Apple. Ex. 1042, p. 2
`Apple v. Fintiv
`IPR2020-00019
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`

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`Department of Public Health
`City and County of
`Order of the Health Officer
`San Francisco
`ORDER OF THE HEALTH OFFICER No. C19-07
`
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`comply with any of the provisions of this Order constitutes an imminent threat and
`creates an immediate menace to public health.
`
`2. All individuals currently living within the City and County of San Francisco (the
`“County”) are ordered to shelter at their place of residence. To the extent
`individuals are using shared or outdoor spaces, they must at all times as reasonably
`possible maintain social distancing of at least six feet from any other person when
`they are outside their residence. All persons may leave their residences only for
`Essential Activities, Essential Governmental Functions, or to operate Essential
`Businesses, all as defined in Section 10. Individuals experiencing homelessness are
`exempt from this Section, but are strongly urged to obtain shelter, and
`governmental and other entities are strongly urged to make such shelter available as
`soon as possible and to the maximum extent practicable (and to use COVID-19 risk
`mitigation practices in their operation).
`
`3. All businesses with a facility in the County, except Essential Businesses as defined
`below in Section 10, are required to cease all activities at facilities located within the
`County except Minimum Basic Operations, as defined in Section 10. For clarity,
`businesses may also continue operations consisting exclusively of employees or
`contractors performing activities at their own residences (i.e., working from home).
`All Essential Businesses are strongly encouraged to remain open. To the greatest
`extent feasible, Essential Businesses shall comply with Social Distancing
`Requirements as defined in Section 10 below, including by maintaining six-foot
`social distancing for both employees and members of the public, including, but not
`limited to, when any customers are standing in line.
`
`4. All public and private gatherings of any number of people occurring outside a single
`household or living unit are prohibited, except for the limited purposes as expressly
`permitted in Section 10. Nothing in this Order prohibits the gathering of members
`of a household or living unit.
`
`5. All travel, including, but not limited to, travel on foot, bicycle, scooter, motorcycle,
`automobile, or public transit, except Essential Travel and Essential Activities as
`defined below in Section 10, is prohibited. People must use public transit only for
`purposes of performing Essential Activities or to travel to and from work to operate
`Essential Businesses or maintain Essential Governmental Functions. People riding
`on public transit must comply with Social Distancing Requirements as defined in
`Section 10 below, to the greatest extent feasible. This Order allows travel into or out
`of the County to perform Essential Activities, operate Essential Businesses, or
`maintain Essential Governmental Functions.
`
`6. This Order is issued based on evidence of increasing occurrence of COVID-19
`within the County and throughout the Bay Area, scientific evidence and best
`practices regarding the most effective approaches to slow the transmission of
`communicable diseases generally and COVID-19 specifically, and evidence that the
`
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`3
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`Apple. Ex. 1042, p. 3
`Apple v. Fintiv
`IPR2020-00019
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`Department of Public Health
`City and County of
`Order of the Health Officer
`San Francisco
`ORDER OF THE HEALTH OFFICER No. C19-07
`
`
`age, condition, and health of a significant portion of the population of the County
`places it at risk for serious health complications, including death, from COVID-19.
`Due to the outbreak of the COVID-19 virus in the general public, which is now a
`pandemic according to the World Health Organization, there is a public health
`emergency throughout the County. Making the problem worse, some individuals
`who contract the COVID-19 virus have no symptoms or have mild symptoms, which
`means they may not be aware they carry the virus. Because even people without
`symptoms can transmit the disease, and because evidence shows the disease is easily
`spread, gatherings can result in preventable transmission of the virus. The scientific
`evidence shows that at this stage of the emergency, it is essential to slow virus
`transmission as much as possible to protect the most vulnerable and to prevent the
`health care system from being overwhelmed. One proven way to slow the
`transmission is to limit interactions among people to the greatest extent practicable.
`By reducing the spread of the COVID-19 virus, this Order helps preserve critical
`and limited healthcare capacity in the County.
`
`7. This Order also is issued in light of the existence of 37 cases of COVID-19 in the
`County, as well as at least 258 confirmed cases and at least three deaths in
`neighboring Bay Area counties, as of 10:00 a.m. on Sunday, March 16, 2020,
`including a significant and increasing number of suspected cases of community
`transmission and likely further significant increases in transmission. Widespread
`testing for COVID-19 is not yet available but is expected to increase in the coming
`days. This Order is necessary to slow the rate of spread and the Health Officer will
`re-evaluate it as further data becomes available.
`
`8. This Order is issued in accordance with, and incorporates by reference, the
`March 4, 2020 Proclamation of a State of Emergency issued by Governor Gavin
`Newsom, the February 25, 2020 Proclamation by the Mayor Declaring the Existence
`of a Local Emergency issued by Mayor London Breed, as supplemented on March
`11, 2020, the March 6, 2020 Declaration of Local Health Emergency Regarding
`Novel Coronavirus 2019 (COVID-19) issued by the Health Officer, and guidance
`issued by the California Department of Public Health, as each of them have been
`and may be supplemented.
`
`9. This Order is also issued in accordance with, and incorporates by reference the
`March 12, 2020 Executive Order (Executive Order N-25-20) issued by Governor
`Gavin Newsom. Executive Order N-25- 20 expressly orders that “[a]ll residents are
`to heed any orders and guidance of state and local public health officials, including
`but not limited to the imposition of social distancing measures, to control the spread
`of COVID-19.” This Order is also based on statements by Governor Newsom
`during a press conference on March 15, 2020, indicating the guidance of the State of
`California that all nightclubs, bars, wineries, and brewpubs close and that persons
`65 years old and older isolate at home.
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`4
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`Apple. Ex. 1042, p. 4
`Apple v. Fintiv
`IPR2020-00019
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`Department of Public Health
`City and County of
`Order of the Health Officer
`San Francisco
`ORDER OF THE HEALTH OFFICER No. C19-07
`
`
`10. Definitions and Exemptions.
`
`
`a. For purposes of this Order, individuals may leave their residence only to
`perform any of the following “Essential Activities.” But people at high risk
`of severe illness from COVID-19 and people who are sick are urged to stay in
`their residence to the extent possible except as necessary to seek medical
`care.
`
`
`i. To engage in activities or perform tasks essential to their health and
`safety, or to the health and safety of their family or household
`members (including, but not limited to, pets), such as, by way of
`example only and without limitation, obtaining medical supplies or
`medication, visiting a health care professional, or obtaining supplies
`they need to work from home.
`
`ii. To obtain necessary services or supplies for themselves and their
`family or household members, or to deliver those services or supplies
`to others, such as, by way of example only and without limitation,
`canned food, dry goods, fresh fruits and vegetables, pet supply, fresh
`meats, fish, and poultry, and any other household consumer products,
`and products necessary to maintain the safety, sanitation, and
`essential operation of residences.
`
`iii. To engage in outdoor activity, provided the individuals comply with
`Social Distancing Requirements as defined in this Section, such as, by
`way of example and without limitation, walking, hiking, or running.
`
`iv. To perform work providing essential products and services at an
`Essential Business or to otherwise carry out activities specifically
`permitted in this Order, including Minimum Basic Operations.
`
`v. To care for a family member or pet in another household.
`
`b. For purposes of this Order, individuals may leave their residence to work for
`or obtain services at any “Healthcare Operations” including hospitals,
`clinics, dentists, pharmacies, pharmaceutical and biotechnology companies,
`other healthcare facilities, healthcare suppliers, home healthcare services
`providers, mental health providers, or any related and/or ancillary
`healthcare services. “Healthcare Operations” also includes veterinary care
`and all healthcare services provided to animals. This exemption shall be
`construed broadly to avoid any impacts to the delivery of healthcare, broadly
`defined. “Healthcare Operations” does not include fitness and exercise gyms
`and similar facilities.
`
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`5
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`Apple. Ex. 1042, p. 5
`Apple v. Fintiv
`IPR2020-00019
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`Department of Public Health
`City and County of
`Order of the Health Officer
`San Francisco
`ORDER OF THE HEALTH OFFICER No. C19-07
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`c. For purposes of this Order, individuals may leave their residence to provide
`any services or perform any work necessary to the operations and
`maintenance of “Essential Infrastructure,” including, but not limited to,
`public works construction, construction of housing (in particular affordable
`housing or housing for individuals experiencing homelessness), airport
`operations, water, sewer, gas, electrical, oil refining, roads and highways,
`public transportation, solid waste collection and removal, internet, and
`telecommunications systems (including the provision of essential global,
`national, and local infrastructure for computing services, business
`infrastructure, communications, and web-based services), provided that they
`carry out those services or that work in compliance with Social Distancing
`Requirements as defined this Section, to the extent possible.
`
`d. For purposes of this Order, all first responders, emergency management
`personnel, emergency dispatchers, court personnel, and law enforcement
`personnel, and others working for or to support Essential Businesses are
`categorically exempt from this Order. Further, nothing in this Order shall
`prohibit any individual from performing or accessing “Essential
`Governmental Functions.” Essential Government Functions means all
`services needed to ensure the continuing operation of the government
`agencies and provide for the health, safety and welfare of the public. All
`Essential Governmental Functions shall be performed in compliance with
`Social Distancing Requirements as defined this Section, to the extent possible.
`
`e. For the purposes of this Order, covered businesses include any for-profit,
`non-profit, or educational entities, regardless of the nature of the service, the
`function they perform, or its corporate or entity structure.
`
`f. For the purposes of this Order, “Essential Businesses” means:
`
`
`i. Healthcare Operations and Essential Infrastructure;
`
`ii. Grocery stores, certified farmers’ markets, farm and produce stands,
`supermarkets, food banks, convenience stores, and other
`establishments engaged in the retail sale of canned food, dry goods,
`fresh fruits and vegetables, pet supply, fresh meats, fish, and poultry,
`and any other household consumer products (such as cleaning and
`personal care products). This includes stores that sell groceries and
`also sell other non-grocery products, and products necessary to
`maintaining the safety, sanitation, and essential operation of
`residences;
`
`iii. Food cultivation, including farming, livestock, and fishing;
`
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`Apple. Ex. 1042, p. 6
`Apple v. Fintiv
`IPR2020-00019
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`Department of Public Health
`City and County of
`Order of the Health Officer
`San Francisco
`ORDER OF THE HEALTH OFFICER No. C19-07
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`iv. Businesses that provide food, shelter, and social services, and other
`necessities of life for economically disadvantaged or otherwise needy
`individuals;
`
`v. Newspapers, television, radio, and other media services;
`
`vi. Gas stations and auto-supply, auto-repair, and related facilities;
`
`vii. Banks and related financial institutions;
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`viii. Hardware stores;
`
`ix. Plumbers, electricians, exterminators, and other service providers
`who provide services that are necessary to maintaining the safety,
`sanitation, and essential operation of residences, Essential Activities,
`and Essential Businesses;
`
`x. Businesses providing mailing and shipping services, including post
`office boxes;
`
`xi. Educational institutions—including public and private K-12 schools,
`colleges, and universities—for purposes of facilitating distance
`learning or performing essential functions, provided that social
`distancing of six-feet per person is maintained to the greatest extent
`possible;
`
`xii. Laundromats, dry cleaners, and laundry service providers;
`
`xiii. Restaurants and other facilities that prepare and serve food, but only
`for delivery or carry out. Schools and other entities that typically
`provide free food services to students or members of the public may
`continue to do so under this Order on the condition that the food is
`provided to students or members of the public on a pick-up and take-
`away basis only. Schools and other entities that provide food services
`under this exemption shall not permit the food to be eaten at the site
`where it is provided, or at any other gathering site;
`
`xiv. Businesses that supply products needed for people to work from
`home;
`
`xv. Businesses that supply other essential businesses with the support or
`supplies necessary to operate;
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`Apple. Ex. 1042, p. 7
`Apple v. Fintiv
`IPR2020-00019
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`Department of Public Health
`City and County of
`Order of the Health Officer
`San Francisco
`ORDER OF THE HEALTH OFFICER No. C19-07
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`xvi. Businesses that ship or deliver groceries, food, goods or services
`directly to residences;
`
`xvii. Airlines, taxis, and other private transportation providers providing
`transportation services necessary for Essential Activities and other
`purposes expressly authorized in this Order;
`
`xviii. Home-based care for seniors, adults, or children;
`
`xix. Residential facilities and shelters for seniors, adults, and children;
`
`xx. Professional services, such as legal or accounting services, when
`necessary to assist in compliance with legally mandated activities;
`
`xxi. Childcare facilities providing services that enable employees
`exempted in this Order to work as permitted. To the extent possible,
`childcare facilities must operate under the following mandatory
`conditions:
`
`
`1. Childcare must be carried out in stable groups of 12 or fewer
`(“stable” means that the same 12 or fewer children are in the
`same group each day).
`
`2. Children shall not change from one group to another.
`
`3. If more than one group of children is cared for at one facility,
`each group shall be in a separate room. Groups shall not mix
`with each other.
`
`4. Childcare providers shall remain solely with one group of
`children.
`
`g. For the purposes of this Order, “Minimum Basic Operations” include the
`following, provided that employees comply with Social Distancing
`Requirements as defined this Section, to the extent possible, while carrying
`out such operations:
`
`
`i. The minimum necessary activities to maintain the value of the
`business’s inventory, ensure security, process payroll and employee
`benefits, or for related functions.
`
`ii. The minimum necessary activities to facilitate employees of the
`business being able to continue to work remotely from their
`residences.
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`Apple. Ex. 1042, p. 8
`Apple v. Fintiv
`IPR2020-00019
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`

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`Department of Public Health
`City and County of
`Order of the Health Officer
`San Francisco
`ORDER OF THE HEALTH OFFICER No. C19-07
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`h. For the purposes of this Order, “Essential Travel” includes travel for any of
`the following purposes. Individuals engaged in any Essential Travel must
`comply with all Social Distancing Requirements as defined in this Section.
`
`
`i. Any travel related to the provision of or access to Essential Activities,
`Essential Governmental Functions, Essential Businesses, or Minimum
`Basic Operations.
`
`ii. Travel to care for elderly, minors, dependents, persons with
`disabilities, or other vulnerable persons.
`
`iii. Travel to or from educational institutions for purposes of receiving
`materials for distance learning, for receiving meals, and any other
`related services.
`
`iv. Travel to return to a place of residence from outside the jurisdiction.
`
`v. Travel required by law enforcement or court order.
`
`vi. Travel required for non-residents to return to their place of residence
`outside the County. Individuals are strongly encouraged to verify
`that their transportation out of the County remains available and
`functional prior to commencing such travel.
`
`i. For purposes of this order, residences include hotels, motels, shared rental
`units, and similar facilities.
`
`j. For purposes of this order Social Distancing Requirements includes
`maintaining at least six-foot social distancing from other individuals,
`washing hands with soap and water for at least twenty seconds as frequently
`as possible or using hand sanitizer, covering coughs or sneezes (into the
`sleeve or elbow, not hands), regularly cleaning high-touch surfaces, and not
`shaking hands.
`
`11. Pursuant to Government Code sections 26602 and 41601 and Health and Safety
`Code section 101029, the Health Officer requests that the Sheriff and the Chief of
`Police in the County ensure compliance with and enforce this Order. The violation
`of any provision of this Order constitutes an imminent threat and creates an
`immediate menace to public health.
`
`12. This Order shall become effective at 12:01 a.m. on March 17, 2020 and will continue
`to be in effect until 11:59 p.m. on April 7, 2020, or until it is extended, rescinded,
`superseded, or amended in writing by the Health Officer.
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`Apple. Ex. 1042, p. 9
`Apple v. Fintiv
`IPR2020-00019
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`

`

`City and County of
`San Francisco
`
`Department of Public Health
`Order of the Health Officer
`
`ORDER OF THE HEALTH OFFICER No. C19-07
`
`13. The City must promptly provide copies of this Order as follows: (1) by posting on
`the City Administrator's website (sfgsa.org) and the Department of Public Health
`website (sfdph.org); (2) by posting at City Hall, located at 1 Dr. Carlton B. Goodlett
`Pl., San Francisco, CA 94102; and (3) by providing to any member of the public
`requesting a copy. In addition, the owner, manager, or operator of any facility that
`is likely to be impacted by this Order is strongly encouraged to post a copy of this
`Order onsite and to provide a copy to any member of the public asking for a copy.
`
`14. If any provision of this Order or its application to any person or circumstance is
`held to be invalid, then the reminder of the Order, including the application of such
`part or provision to other persons or circumstances, shall not be affected and shall
`continue in full force and effect. To this end, the provisions of this Order a re
`severable.
`
`IT IS SO ORDERED:
`
`Tomas J. Aragon, M
`Health Officer of the
`City and County of San Francisco
`
`Dated: March 16, 2020
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`10
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`Apple. Ex. 1042, p. 10
`Apple v. Fintiv
`IPR2020-00019
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`

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`County of Santa Clara
`Public Health Department
`
`Health Officer
`976 Lenzen Avenue, 211d Floor
`San José, CA 95126
`408.792.3798
`
`
`
`
`ORDER OF THE HEALTH OFFICER
`
`OF THE COUNTY OF SANTA CLARA DIRECTING
`
`ALL INDIVIDUALS LIVING IN THE COUNTY TO SHELTER AT THEIR
`
`PLACE OF RESIDENCE EXCEPT THAT THEY MAY LEAVE TO PROVIDE
`
`OR RECEIVE CERTAIN ESSENTIAL SERVICES OR ENGAGE IN CERTAIN
`
`ESSENTIAL ACTIVITIES AND WORK FOR ESSENTIAL BUSINESSES AND
`
`GOVERNMENTAL SERVICES; EXEMPTING INDIVIDUALS
`EXPERIENCING HOMELESSNESS FROM THE SHELTER IN PLACE
`
`ORDER BUT URGING THEM TO FIND SHELTER AND GOVERNMENT
`
`AGENCIES TO PROVIDE IT; DIRECTING ALL BUSINESSES AND
`GOVERNMENTAL AGENCIES TO CEASE NON-ESSENTIAL OPERATIONS
`
`AT PHYSICAL LOCATIONS IN THE COUNTY; PROHIBITING ALL NON-
`ESSENTIAL GATHERINGS OF ANY NUMBER OF INDIVIDUALS; AND
`ORDERING CESSATION OF ALL NON-ESSENTIAL TRAVEL
`
`DATE OF ORDER: MARCH 16 2020
`
`Please read this Order carefully. Violation of or failure to comply with this Order is a
`misdemeanor punishable by fine, imprisonment, or both. (California Health and Safety Code §
`120295, et seq.)
`
`UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS
`
`101040, 101085, AND 120175, THE HEALTH OFFICER OF THE COUNTY OF SANTA CLARA
`(“HEALTH OFFICER”) ORDERS:
`
`1. The intent of this Order is to ensure that the maximum number of people self-isolate in their
`places of residence to the maximum extent feasible, while enabling essential services to
`continue, to slow the spread of COVID-19 to the maximum extent possible. When people
`need to leave their places of residence, whether to obtain or perform vital services, or to
`otherwise facilitate authorized activities necessary for continuity of social and commercial life,
`they should at all times reasonably possible comply with Social Distancing Requirements as
`defined in Section 10 below. All provisions of this Order should be interpreted to effectuate
`this intent. Failure to comply with any of the provisions of this Order constitutes an imminent
`threat to public health.
`
`2. All individuals currently living within Santa Clara County (the “County”) are ordered to
`shelter at their place of residence. To the extent individuals are using shared or outdoor spaces,
`they must at all times as reasonably possible maintain social distancing of at least six feet from
`
`Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg, S. Joseph Simitian
`County Executive: Jeffrey V. Smith
`
`Apple. Ex. 1042, p. 11
`Apple v. Fintiv
`lPR2020-00019
`
`Apple. Ex. 1042, p. 11
`Apple v. Fintiv
`IPR2020-00019
`
`

`

`any other person when they are outside their residence. All persons may leave their residences
`only for Essential Activities, Essential Governmental Functions, or to operate Essential
`Businesses, all as defined in Section 10. Individuals experiencing homelessness are exempt
`from this Section, but are strongly urged to obtain shelter, and governmental and other entities
`are strongly urged to make such shelter available as soon as possible and to the maximum
`extent practicable (and to utilize Social Distancing Requirements in their operation).
`
`3. All businesses with a facility in the County, except Essential Businesses as defined below in
`Section 10, are required to cease all activities at facilities located within the County except
`Minimum Basic Operations, as defined in Section 10. For clarity, businesses may also
`continue operations consisting exclusively of employees or contractors performing activities at
`their own residences (i.e., working from home). All Essential Businesses are strongly
`encouraged to remain open. To the greatest extent feasible, Essential Businesses shall comply
`with Social Distancing Requirements as defined in Section 10 below, including, but not limited
`to, when any customers are standing in line.
`
`4. All public and private gatherings of any number of people occurring outside a household or
`living unit are prohibited, except for the limited purposes as expressly permitted in Section 10.
`Nothing in this Order prohibits the gathering of members of a household or living unit.
`
`5. All travel, including, but not limited to, travel on foot, bicycle, scooter, motorcycle,
`automobile, or public transit, except Essential Travel and Essential Activities as defined below
`in Section 10, is prohibited. People must use public transit only for purposes of performing
`Essential Activities or to travel to and from work to operate Essential Businesses or maintain
`Essential Governmental Functions. People riding on public transit must comply with Social
`Distancing Requirements as defined in Section 10 below, to the greatest extent feasible. This
`Order allows travel into or out of the County to perform Essential Activities, operate Essential
`Businesses, or maintain Essential Governmental Functions.
`
`6. This Order is issued based on evidence of increasing occurrence of COVID-l9 within the
`County and throughout the Bay Area, scientific evidence and best practices regarding the most
`effective approaches to slow the transmission of communicable diseases generally and
`COVID—19 specifically, and evidence that the age, condition, and health of a significant
`portion of the population of the County places it at risk for serious health complications,
`including death, from COVID-l9. Due to the outbreak of the COVID-l9 virus in the general
`public, which is now a pandemic according to the World Health Organization, there is a public
`health emergency throughout the County. Making the problem worse, some individuals who
`contract the COVID-19 virus have no symptoms or have mild symptoms, which means they
`may not be aware they carry the virus. Because even people without symptoms can transmit
`the disease, and because evidence shows the disease is easily spread, gatherings can result in
`preventable transmission of the virus. The scientific evidence shows that at this stage of the
`emergency, it is essential to slow virus transmission as much as possible to protect the most
`vulnerable and to prevent the health care system from being overwhelmed. One proven way to
`slow the transmission is to limit interactions among people to the greatest extent practicable.
`By reducing the spread of the COVID-19 virus, this Order helps preserve critical and limited
`
`Order of the County Health Officer
`to Shelter in Place
`
`Page 2 of 7
`
`Apple. Ex. 1042, p. 12
`Apple v. Fintiv
`lPR2020-00019
`
`Apple. Ex. 1042, p. 12
`Apple v. Fintiv
`IPR2020-00019
`
`

`

`healthcare capacity in the County.
`
`7. This Order also is issued in light of the existence of 123 cases of COVID-19 in the County, as
`well as at least 258 confirmed cases and at least three deaths in the seven Bay Area
`jurisdictions jointly issuing this Order, as of 5 pm. on March 15, 2020, including a significant
`and increasing numb