Flower World, Inc. v. Joel Sacks

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FLOWER WORLD, INC., No. 21-35641 Plaintiff-Appellant, D.C. No. v. 3:21-cv-05305-

RJB

JOEL SACKS, Director of the Washington Department of Labor and Industries; CRAIG BLACKWOOD, OPINION Acting Assistant Director of the Washington Department of Labor and Industries, in their personal capacities; DOE, through X, in their official capacities as employees of the Washington Department of Labor and Industries, Defendants-Appellees.

Appeal from the United States District Court for the Western District of Washington Robert J. Bryan, District Judge, Presiding

Argued and Submitted June 10, 2022 Seattle, Washington

Filed August 11, 2022 Before: Sandra S. Ikuta and Eric D. Miller, Circuit Judges, and Dean D. Pregerson,* District Judge.

Opinion by Judge Ikuta

SUMMARY**

Civil Rights

The panel affirmed the district court’s dismissal of a complaint for failure to state a claim and held that certain mandates issued by the Governor of Washington to address the public health crisis caused by the spread of coronavirus (COVID-19) were not preempted by the Occupational…