Uncertainty lingers after Supreme Court decision
Local health departments, government adopt a wait-and-see approach after Gov. Whitmer’s emergency orders rescinded
Local health departments have adoptedawait-and-see approach, while local governments are researching their available options, following the release of a Supreme Court opinion that Gov. Gretchen Whitmer exceeded her authority in extending a state of emergency.
“At this point, our understanding is that the Governor’s Executive Orders are in effect for 21 days from the Supreme Court Ruling, although we know that she has requested clarification of this timeframe,” Central Michigan District Health Department Health Officer Steve Hall said in a prepared statement. “The Governor has also stated that many ofher ordersmay be re-issued under other authorities. The Michigan Department of Health and Human Services (MDHHS) also has several Epidemic Orders in place which are not affected by the ruling.
“There are also multiple guidance plans and documents in
place that serve to continue to guide us including the Return to School Roadmap and the MISAFestart Plan, as well as the comprehensive reopening plans developed by multiple sectors of business. MDHHS has advised that they are working on their next steps which will take a little time. We believe the best scenario is to assess what future rules or orders may be issued statewide before we determine if any local orders will be necessary.”
Following the release of Friday’s ruling, which was prepared as a response to a federal lawsuit concerning a lawsuit brought against Whitmer over medical procedures, health departments in Ingham and Oakland counties moved quickly to issue orders keeping mask mandates in place. Macomb County’s executive, Mark Hackel, announced thatmacomb’s health department would not.
Two sections of the 1978 Public Health Code appear to provide for emergency orders during times of epidemic. The first empowers the director of the Department of Health and Human Services.
The second, 333.2453, directly empowers local health officers: “(1) If a local health officer determines that control of an epidemic is necessary to protect the public health, the local health officer may issue an emergency order to prohibit the gathering of people for any purpose and may establish procedures to be followed by persons, including a local governmental entity, during the epidemic to insure continuation of essential public health services and enforcement of health laws. Emergency procedures shall not be limited to this code.”
Whitmer has said that the court ruling doesn’t take effect for 21 days, which was disputed over the weekend by legislative Republicans, who oppose a statewide mask mandate.
“From a public health perspective, the safety precautions that are in place and all of the work that we have done together have helped us to mitigate the virus’s impact in the central Michigan region,” Hall’s statement read. “The reasons to continue masking, limiting gathering sizes, social distancing and screening of employees stretch far beyond Executive Orders.”
Local governments are looking into what options are available to them.
Darcy Orlik, spokeswoman for the city of Mt. Pleasant, said they are, “waiting for additional guidance regarding the matter.”
Union Township is taking the same approach, said Township Manager Mark Stuhldreher.
A message was sent seeking comment tomidMichigan District Health Department. Leslie Kinnee, MMDHD spokeswoman, said she’d need to get back in touch, but hadn’t by press time.