LANSING, MI (WKZO AM/FM) — Monday, Michigan Department of Health and Human Services (MDHHS) Director Robert Gordon issued an Emergency Order under MCL 333.2253 restricting gathering sizes, requiring face coverings in public spaces and placing limitations on bars and other venues.
This comes after a recent Michigan Supreme Court ruling last week that essentially invalidated Governor Whitmer’s Executive Orders regarding COVID-19.
On Friday, October 2, the Supreme Court ruled that it was unconstitutional that the governor used a 1945 law to respond to the coronavirus pandemic, implementing restrictions like masks requirements, capacity limits, business closures, and more.
With the new order from Gordon Monday, much of those precautions can still be enforced on a statewide level. It relies on authorities that were first enacted after the Spanish Flu of 1918, and that were not at issue in the Michigan Supreme Court’s decision.
“When it comes to fighting COVID-19, we are all in this together. We need Michiganders everywhere to do their part by wearing masks and practicing safe physical distancing so we can keep our schools and small businesses open and protect the brave men and women serving on the front lines of this crisis,” Governor Whitmer said in a statement. “The epidemic order that Director Gordon issued today is an important step to protect Michiganders across the state from the spread of COVID-19. Let’s all mask up and stay safe.”
Under MCL 333.2253, if the MDHHS director determines that control of an epidemic is necessary to protect the public health, the director by emergency order may prohibit the gathering of people for any purpose and may establish procedures to be followed during the epidemic to insure continuation of essential public health services and enforcement of health laws.
Gordon shares more about the reasoning behind the order in a recent column at this link.
“Michigan was hit hard by COVID-19 early in the pandemic,” Gordon said in a statement. “Strict preventive measures and the cooperation of Michiganders drove those numbers down dramatically, greatly reducing the loss of life. As we head into flu season, this order is necessary to protect vulnerable individuals, ensure the health care system can provide care for all health issues, keep schools open, and maintain economic recovery.”
Violations of this order are punishable by a misdemeanor punishable by imprisonment for not more than six months or a fine of not more than $200, or both. Violations of this order are also punishable by a civil fine of fine of up to $1,000.
Gordon’s new emergency order largely reinstates, under the department’s authority, three major aspects of prior emergency orders –
Masks:
- The order requires individuals to wear masks when in gatherings, defined as any occurrence where persons from multiple households are present in a shared space in a group of two or more, and requires businesses and government offices to enforce those requirements for gatherings on their premises. The order also requires the wearing of masks at schools, except for in Michigan Economic Recovery Council Region 6.
Limited Gathering Sizes:
- The order reinstates limitations on gathering sizes that mirror the requirements that Governor Whitmer had previously put in place. These include indoor gatherings of more than 10 and up to 500 people occurring at a non-residential venue are permitted within the following limits –
- In venues with fixed seating, limit attendance to 20% of normal capacity. However, gatherings up to 25% of normal capacity are permitted in Michigan Economic Recovery Council Region 6.
- In venues without fixed seating, limit attendance to 20 persons per 1,000 square feet in each occupied room. However, gatherings of up to 25 persons per 1,000 square feet are permitted in Michigan Economic Recovery Council Region 6.
- Non-residential outdoor gatherings of between 100 and 1,000 persons at venues with fixed seating are permitted at up to 30% of normal capacity and at 30 persons per 1,000 square feet at venues without fixed seating.
Limitations on Certain Establishments:
- Although the order does not close bars, it requires them to close indoor common areas where people can congregate, dance or otherwise mingle. Indoor gatherings are prohibited anywhere alcoholic beverages are sold except for table services where parties are separated from one another by at least six feet.
In addition, athletes training or practicing for or competing in an organized sport must wear a facial covering, except when swimming, or consistently maintain six feet of social distance.
Under the order, local health departments are authorized to carry out and enforce the terms of this order.
As written, law enforcement officers are deemed to be “department representatives” for purposes of enforcing this order, and are specifically authorized to investigate potential violations.
According to Gordon, this order is effective immediately and will remain so through Friday, October 30.
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