The State of Michigan has been among the states to move most swiftly to attempt to stem the tide of the COVID-19 outbreak. Over the course of the last week, Governor Gretchen Whitmer has issued a number of Executive Orders that have wide-ranging implications on individuals, businesses, organizations, and governmental entities across the state.
In addition to the governor’s executive orders, Executive Directive Number 2020-02 was issued during the evening of March 13, which prescribes new rules for “Public Meetings of State of Michigan Public Bodies During the COVID-19 Emergency.” This action comes after Rob Huth published an opinion editorial calling for immediate action to amend Michigan’s Open Meetings Act rules in order to allow public bodies the flexibility to limit the public’s attendance at public meetings during the pendency of the crisis. Huth’s article, which was published in the Macomb Daily, urged that the public be permitted to participate in such meetings through remote means, such as phone call-in numbers, real-time streaming, or other virtual communication tools.
Executive Directive Number 2020-02 encourages public bodies to delay meetings when possible, and directs them to provide a means for the public to participate (e.g., conference calling, real-time streaming, or other platforms) for meetings that must be held, as well as to publish public notice of such meetings.
In this article, we summarize and link to Governor Whitmer’s executive orders so that you can stay informed about the latest developments related to the COVID-19 public health crisis in Michigan.
Executive Order 2020-4—Declaration of state of emergency
Following confirmation of the first two COVID-19 cases in Michigan, the governor declared a state of emergency on March 10.
Executive Order 2020-5—Temporary prohibition on large assemblages and events, temporary school closures
Executive Order 2020-5 provides that, beginning on March 13, 2020 at 5:00 pm, and continuing through April 5, 2020 at 5:00 pm, assemblages of more than 250 people in a single shared space and all events of more than 250 people are prohibited in Michigan, with the exception of assemblages for the purpose of: industrial or manufacturing work; mass transit; or the purchase of groceries or consumer goods.
In addition, beginning on March 16, 2020, all elementary school buildings and secondary school buildings in Michigan, including public, nonpublic, and boarding schools, must close to students for educational purposes through April 5, 2020.
Executive Order 2020-07—Temporary restrictions on entry into health care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities
Effective March 15 and continuing through April 5, 2020 at 5:00 pm, all health care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities must prohibit from entering their facilities any visitors that:
- are not necessary for the provision of medical care, the support of activities of daily living, or the exercise of power of attorney or court-appointed guardianship for an individual under the facility’s care;
- are not a parent, foster parent, or guardian of an individual who is 21 years of age or under and who is under the facility’s care;
- are not visiting an individual under the facility’s care that is in serious or critical condition or in hospice care;
- and are not visiting under exigent circumstances or for the purpose of performing official governmental functions.
Beginning as soon as possible but no later than March 16, 2020 at 9:00 am, and continuing through April 5, 2020 at 5:00 pm, all health care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities must perform a health evaluation of all individuals that are not under the care of the facility each time the individual seeks to enter the facility, and must deny entry to those individuals who do not meet the evaluation criteria. The evaluation criteria must include: symptoms of a respiratory infection, such as fever, cough, shortness of breath, or sore throat; and contact in the last 14 days with someone with a confirmed diagnosis of COVID-19.
Executive Order 2020-08—Enhanced restrictions on price gouging
On March 15, the governor signed an executive order that imposes enhanced restrictions on the excessive pricing of goods, materials, emergency supplies and consumer food items.
The order states that if a business or individual has acquired any product from a retailer, the business or individual must not resell that product in Michigan at a price that is grossly in excess of the purchase price of the product.
In addition, a business or individual must not offer or sell any product in Michigan at a price that is more than 20% higher than what the business or individual offered or charged for that product as of March 9, unless the business or individual can demonstrate that the price increase is due to an increase in the cost of bringing the product to market.
Executive Order 2020-09—Temporary restrictions on the use of places of public accommodation
Executive Order 2020-09 requires a vast array of places of public accommodation to prohibit public access from March 16, 2020 at 3:00 p.m. until March 30, 2020 at 11:59 p.m.
The order relates to: restaurants, food courts, cafes, coffeehouses, and other places of public accommodation offering food or beverage for on-premises consumption; bars, taverns, brew pubs, breweries, microbreweries, distilleries, wineries, tasting rooms, special licensees, clubs, and other places of public accommodation offering alcoholic beverages for on-premises consumption; hookah bars, cigar bars, and vaping lounges offering their products for on-premises consumption; theaters, cinemas, and indoor and outdoor performance venues; libraries and museums; gymnasiums, fitness centers, recreation centers, indoor sports facilities, indoor exercise facilities, exercise studios, and spas; casinos licensed by the Michigan Gaming Control Board, racetracks licensed by the Michigan Gaming Control Board, and Millionaire Parties licensed by the Michigan Gaming Control Board; and places of public amusement not otherwise listed above.
The order permits places of public accommodation to offer food and beverage using delivery service, window service, walk-up service, drive-through service, or drive-up service.
Executive Order 2020-10—Temporary expansions in unemployment eligibility and cost-sharing
Executive Order 2020-10 provides that, effective March 16 until April 14 at 11:59 p.m., unemployment benefits will be extended to:
- Workers who have an unanticipated family care responsibility, including those who have childcare responsibilities due to school closures, or those who are forced to care for loved ones who become ill.
- Workers who are sick, quarantined, or immunocompromised and who do not have access to paid family and medical leave or are laid off.
- First responders in the public health community who become ill or are quarantined due to exposure to COVID-19.
We will continue to keep you up-to-date on new developments in the COVID-19 crisis. If you have any questions about how these actions impact yourself, your business, or your municipality, please contact Robert Huth.
