MDHHS issues Emergency Order updating gathering definitions, other restrictions

LANSING, MI (WKZO AM/FM) — Friday, the Michigan Department of Health and Human Services (MDHHS) issued a new emergency order clarifying its definitions on gathering and other restrictions under the COVID-19 pandemic.

The initial emergency order was made after the Michigan Supreme Court voted to strike down Governor Whitmer’s Executive Orders on October 2. This prompted MDHHS Director Robert Gordon to issue new orders, which largely retain the restrictions previously established by Whitmer.

Under Michigan law, Director Robert Gordon has the authority to issue these orders if he determines that control of an epidemic is necessary to protect the public health.

Friday, Gordon and the MDHHS released a new order to clarify what the restrictions mean for Michigan residents.

“Our goal is to maintain policies that have made a drastic difference in the fight against COVID-19,” Gordon said in a statement. “Cases are rising, and the science is clear. Masks reduce the spread of COVID-19. Social distancing reduces the spread of COVID-19. Public action is critical to saving Michiganders’ lives.”

The new order provides for capacity limits in businesses, masks in childcare centers, added protections for workers and requirements for contact tracing.

Under the new MDHHS order:

• 1. Masks must be worn at any gatherings occurring at businesses, offices, schools, childcare facilities, sporting events and other non-residential events.
  • A. Businesses cannot admit individuals who do not wear a face covering, and there are few exceptions.
  • B. The mask requirement continues to apply for organized gatherings larger than 10 indoors and 100 outdoors.
• 2. Capacity limits apply to indoor gatherings, including business, social and recreational.
  • A. Except in Region 6, a gathering at a retail store, library or museum may not exceed 50% of total occupancy limit established by state or local fire marshal.
    B. Gatherings at recreational sports and exercise facilities are prohibited if they exceed 25% of the total occupancy limits established by the by state or local fire marshal, or if there is less than six feet of distance between each workout station.
  • C. Gatherings at non-tribal casinos may not exceed 15% of total occupancy limits established by state or local fire marshal.
  • D. Food service establishments may not exceed 50% of normal seating capacity.
• 3. Capacity limits also apply to outdoor gatherings but are less strict.
• 4. Restaurants and bars have capacity limits for gatherings and may only serve alcohol to parties who are seated, six feet apart, and remain separate.
• 5. Organized sports require face coverings and have gathering limits.
• 6. Individuals who are in isolation or quarantine because of COVID-19 exposure, symptoms, or test results cannot go to work with others, and employers cannot require them to come to work in person with anyone else present.

To minimize confusion following the Michigan Supreme Court’s ruling, MDHHS says it has maintained policy under executive orders as much as possible in its new order:

• Capacity limits and rules for sports remain the same.
• The Traverse City region (Region 6) has slightly less strict rules, as before.
• Mask requirements for businesses and individuals are almost identical; they do not apply to individuals at outside gatherings except when unable to maintain six feet of distance.
• There are no longer bar closures, but bars may only serve alcohol to gatherings seated at tables.

Michigan law also allows local health departments to carry out and enforce the terms of this order. Additionally, law enforcement officers may also enforce the order and are specifically authorized to investigate potential violations of this order.

Violations of this order are a misdemeanor punishable by imprisonment for not more than six months or a fine of not more than $200, or both. They are also punishable by a civil fine of up to $1,000.

This order is effective immediately and remains in effect through Friday, October 30.

In a related matter, officials with the Michigan Licensed Beverage Association (MLBA) say that the new order works better than the previous “one-size-fits-all” approach.

In a statement released Friday, MLBA Executive Director Scott Ellis said the following:

“We’re happy to see that MDHHS did not include a 70/30 alcohol distinction, this is something we worked on with the Governor’s Office because it kept many small bars in rural and neighborhood areas closed. However, we’re frustrated with the occupancy reduction from 100 percent down to 50 percent.”

According to Ellis, only three COVID-19 outbreaks (defined as two or more cases linked to one place) were tied to bars in the most recent data gathered by MDHHS, which accounted for a two-week period ending October 1.

“If establishments are abiding by all the rules and safety guidelines set by MDHHS, MIOSHA and CDC, an arbitrary occupancy limitation just doesn’t make sense,” Ellis added. “There are plenty of establishments that can keep patrons safe at 60, 80 or even 100 percent. Just picking a number hurts the businesses that have been already been hurt enough by this pandemic.”

He also stated that Michigan business owners in the hospitality industry say they are tired of the back-and-forth restrictions that they must abide by.

“Every week, sometimes multiple times a week, these businesses are hit with new, changed or different restrictions, which is not only extremely frustrating, but also time-consuming,” Ellis said. “Many bar and restaurant owners work from 7 a.m. until midnight or later, as do their employees – it’s time to give them a break.”

The full order can be read at this link.