Health department issues orders
Make sure you: Wear facemasks in public, limit business capacity and social gatherings
Robert Gordon, director of the Michigan Department of Health and Human Services (MDHHS), announced Monday that MDHHS would be issuing an epidemic order restricting social gathering size, requiring face coverings, and limiting capacity at bars, restaurants, and other venues.
The epidemic order was issued in direct response to a Friday Michigan Supreme Court ruling that invalidated Gov. Gretchen Whitmer’s executive orders issued since April 30 under the Emergency Powers of the Governor Act of 1945 and the Emergency Management Act of 1976. The ruling urged Whitmer and the GOP-led Legislature towork together toaddress the COVID-19 pandemic.
OnMonday, Gordon said the newepidemic ordermirrors many of the major aspects included in the governor’s prior emergency orders, that the Michigan Supreme Court invalidated. The order, which is effective immediately and runs through Oct. 30, relies on authorities that were first enacted after the Spanish Flu of 1918, and that were not at issue in the Supreme Court’s decision.
“Our legal authority (in issuing this order) is clear and different from which the Michigan Supreme Court spoke to,” he said. “We have very different authority.”
The order’s face covering requirement does apply to students in schools and athletes training, practicing for or competing in an organized sport when social distancing cannot be accomplished.
He added that local health departments are authorized to carry out and enforce the terms this order under the Michigan Public Health Code while state and local police agencies are specifically authorized to investigate potential violations of this order. Violations are punishable by a misdemeanor with imprisonment of up to six months and/or a fine of up to $200 and also punishable by a civil fine of fine of up to $1,000.
Whitmer said the epidemic order issued by MDHHS is an important step to protect Michiganders from the spread of COVID-19.
Under the Michigan Public Health Code, 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 said comments will be collected from stakeholders about the orders with additional health orders will be issued in the coming days regarding long-term care facilities, schools, and workplace safety. He added that the mask requirement does apply to schools.
The orders touch on three major aspects of prior emergency orders including:
• Requirements to wear masks at indoor and outdoor gatherings
• 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 inMichigan Economic Recovery Council Region 6.
• Limitations on the size of gatherings: The order reinstates limitations on gathering sizes that mirror the requirements that the governor 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 arepermitted at up to 30% of normal capacity and at 30personsper 1,000 square feet at venues without fixed seating.
• Capacity limits 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 serviceswhere parties are separated fromone another by at least six feet.
• Gordon said the order does not include a “70% rule” for bars that collect at least 70% for revenue from alcohol sales.
Earlier Monday, Whitmer and Gordon filed motionswith theMichiganSupreme Court seeking clarity on whether its Oct. 2 opinion took effect immediately or in a few weeks.
According to the motion, if the Supreme Court ruling were to take effect in 21-28 days, it would allow for a transition period “allowing the governor, local health departments, and theMichiganLegislature to work together to put protections in place that will keep Michiganders safe and protect our economy.”
As a result of the Supreme Court ruling and the uncertainty surrounding the governor’s executive orders, several of Michigan’s larger counties too action and issued their own COVID-19 restrictions.
On Monday, the Washtenaw County Health Department issued health orders on the use of face coverings, social gatherings, bar and restaurant capacity, and employee health screenings.
On Friday, Oakland County issued a health order requiring residents to wear face coverings when out in public. Two days later, the Ingham County Health Department issued four health orders on the use of face coverings, social gatherings, bar and restaurant capacity, and employee health screenings.