MIDLAND, MI (WKZO AM/FM) — Amid the COVID-19 pandemic, the Michigan Court of Claims has ruled that some parts of Governor Gretchen Whitmer’s executive orders are unlawful.
The ruling is in response to a lawsuit filed by the Mackinac Center Legal Foundation, in conjunction with the Miller Johnson law firm. The lawsuit was filed on behalf of the Associated Builders and Contractors of Michigan and a private landscaping company, which was confirmed by MLive as the Grand Rapids company DJ’s Landscape Management.
Specifically, the ruling concerns part of Executive Order 94, which was recently replaced by Executive Order 114. In the order, penalties for violating established safety standards when reopening a business were heightened.
According to the Mackinac Center Legal Foundation, the previous penalty was limited to a 90-day jail sentence and $500 fine. These penalties were later rewritten with harsher penalties that could include a three-year felony sentence and a fine of up to $70,000 per occurrence.
The changes were made after the enforcement powers were transferred to the Michigan Occupational Safety and Health Administration (MIOSHA).
As a result, the Court ruled that the MIOSHA penalties as applied to the emergency powers are invalid, as Whitmer does not have that authority under the Emergency Powers of Governor Act or the Emergency Management Act.
It was ruled that the penalties imposed can only carry a misdemeanor charge, along with other possible penalties such as the original $500 fine and up to 90 days in jail.
“As a nation and as a state, we protect individual rights through the separation of powers,” director of the Mackinac Center Legal Foundation Patrick Wright said. “Here, the Court of Claims rebuked the governor for seeking to make her own law, to dramatically increase potential penalties and to enforce it through an agency she directly controls.”
All other parts of the order are still valid and enforceable, according to the ruling.
“The Court defended Michigan workers today, striking down Gov. Whitmer’s attempt to weaponize MIOHSA against safe jobsites that are taking good faith precautions to combat COVID-19,” said Jeff Wiggins, state director for ABC Michigan. “This decision allows more than 100,000 craft trades professionals to continue operating safely without the threat of multiple, arbitrary and significant fines or other MIOHSA penalties.”
However, the ruling also states that “This is not a final order and it does not resolve the last pending claim or close the case.”
The ruling can be viewed online in full at this link.
