DHHS ISSUES EPIDEMIC ORDER – The Department of Health and Human Services (DHHS) Director Robert Gordon issued an epidemic order that sustains rules that were previously enforced by Governor Gretchen Whitmer’s Executive Orders. The epidemic order largely reinstates three major aspects of prior emergency orders under DHHS’s authority: requirements to wear masks at indoor and outdoor gatherings, limitations on the size of gatherings in certain circumstances and limitations on certain establishments.
The order requires individuals to wear masks when in gatherings 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 in Michigan Economic Recovery Council (MERC) region 6, where mask wearing is recommended. Additionally, the order reinstates limitations on gathering sizes that mirror the requirements that Governor Whitmer had previously put in place. Lastly, the order requires bars 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 services where parties are separated from one another by at least six feet, according to the epidemic order.
The epidemic order signed by DHHS Director Gordon is effective immediately and will be in effect until October 30, 2020. Please find the epidemic order attached as PDF to this Special Report. Please find a press release from DHHS at the end of this Special Report on the epidemic order. As more information becomes available on the state’s response to the COVID-19 pandemic following the Michigan Supreme Court’s ruling against Governor Whitmer, MHSA will provide additional communication and guidance.
MICHIGAN SUPREME COURT RULES AGAINST GOV WHITMER – As reported last Friday night, the Michigan Supreme Court (MSC) ruled in a 4-3 decision that the 1945 Emergency Powers of Governor Act (EPGA) is unconstitutional as it grants a high degree of unchecked power to Governor Gretchen Whitmer. Since the onset of the COVID-19 pandemic, Governor Whitmer has issued 192 Executive Orders under the EPGA, including multiple State of Emergency and state of disaster declarations, with the most recent orders being Executive Order 2020-186, which was slated to be in effect until late October.