The Michigan Dept. of Health and Human Services released the follow on Monday afternoon, Oct. 5, 2020:
LANSING, Mich. – Michigan Department of Health and Human Services (MDHHS) Director Robert Gordon today issued an Emergency Order under MCL 333.2253 restricting gathering sizes, requiring face coverings in public spaces and places limitations on bars and other venues.
The order follows the Michigan Supreme Court decision on Friday, Oct 2, that invalidated COVID-19 related executive orders. Today’s order 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,” said Gov. Gretchen Whitmer. “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.
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.
“Michigan was hit hard by COVID-19 early in the pandemic,” said Gordon. “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.”
Today’s orders largely reinstate, under the department’s authority, three major aspects of prior emergency orders:
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.
Pursuant to MCL 333.2235(1), local health departments are authorized to carry out and enforce the terms of this order. Law enforcement officers, as defined in the Michigan Commission on Law Enforcement Standards Act, 1965 Public Act 203, MCL 28.602(f), are deemed to be “department representatives” for purposes of enforcing this order, and are specifically authorized to investigate potential violations of this order. They may coordinate as necessary with the appropriate regulatory entity and enforce this order within their jurisdiction.
This order is effective immediately and remains in effect through Friday, Oct. 30.