8
Coronavirus on Tapestry’s Property
The Certification Order contains the following summary of the allegations
contained in the Complaint concerning how Coronavirus operates and how it affected
Tapestry’s properties and operations:
With the support of dozens of peer-reviewed studies, Tapestry alleges
in its [Complaint] that Coronavirus/COVID-19 are serious threats rendering
objects, surfaces, and areas exposed to them dangerous and fatal. See Ex. A
¶¶ 26, 30, 162. Coronavirus spreads through indoor spaces via respiratory
particles expelled by infected individuals (including those who are
asymptomatic or pre-symptomatic). Id. ¶¶ 26-28, 32-33. The presence of
Coronavirus in the air, through aerosols or droplets, is the virus’ primary
transmission vector. Id. ¶¶ 40-41, 43-44. Coronavirus, just like ammonia,
physically transforms the content of the air and can remain airborne in
respiratory particles for indefinite periods. Id. ¶¶ 33, 35-36, 44. Ventilation
systems are particularly significant transmission vectors as studies have
found Coronavirus in ceiling vent openings, vent exhaust filters, and
ventilation ducts up to 180 feet from an infected individual. Id. ¶¶ 40, 42.
As a result, Tapestry alleges that Coronavirus causes the same physical loss
or damage to property as that of ammonia, smoke, soot, radon gas, asbestos
and other hazardous substances. Id. ¶ 35.
Coronavirus particles can also settle on surfaces that themselves
become carriers for the disease (“fomites”). Id. ¶¶ 32, 49, 51, 53, 56. These
fomites remain infectious for days after exposure and do not readily
dissipate. Id. ¶¶ 31, 51-52, 54-55. Tapestry’s various stores contain
materials—like plastics, glass, metals, and fabrics—that have been
documented as Coronavirus fomites. Id. ¶¶ 52 n.57, 59. Even disturbing a
fomite—like shaking a contaminated textile such as clothing merchandise—
can spread Coronavirus particles and create additional fomites. Id. ¶¶ 52, 59.
Indeed, studies have demonstrated that “it is biologically plausible
that . . . infectious disease [such as COVlD-l9] can be transmitted directly
through contact with [Coronavirus] contaminated textiles.” Id. ¶ 69.
Removing Coronavirus from air is not possible as a practical matter,
and no amount of cleaning will prevent reintroduction of the virus when an
infected person enters the space—only shutting down the property prevents
the repeated and continuous reintroduction of Coronavirus. Id. ¶¶ 63, 76, 78.
Coronavirus cannot be removed from indoor air by surface cleaning, which
actually causes virus particles to become airborne. Id. ¶¶ 70, 74-75.