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MDHHS issues COVID-19 related emergency order as officials across Michigan speak out

Image by fernando zhiminaicela from Pixabay

Michigan Department of Health and Human Services (MDHHS) Director Robert Gordon issued an Emergency Order under MCL 333.2253 on Oct. 5 places limitations on bars and other venues, requiring face coverings in public spaces and restricting gathering sizes.

The order follows the Michigan Supreme Court decision on Friday, Oct 2, that invalidated COVID-19 related executive orders. The Oct. 5 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.

The new order largely reinstates, under the department’s authority, three major aspects of prior emergency orders:

  • Limitations 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 services where parties are separated from one another by at least six feet.
  • 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 in Michigan Economic Recovery Council Region 6.
  • Limitations on the size of gatherings: The order reinstates limitations on gathering sizes that mirror the requirements that Governor Gretchen Whitmer 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 are permitted at up to 30% of normal capacity and at 30 persons per 1,000 square feet at venues without fixed seating.

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.

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.

This order is effective immediately and remains in effect through Friday, Oct. 30.

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.

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.

“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,” he said.

“COVID-19 cases in Genesee County have been on the rise since the Labor Day holiday,” said Health Officer John McKellar with the Genesee County Health Department.

“Now is not the time to let down our guard,” McKellar added.

There have been 4,156 confirmed cases of coronavirus in Genesee County — 1,445 of them in Flint (34.8%) as of Oct. 5, 2020, according to the Genesee County Health Department. Countywide, 281 people have died, according to the health department.

The city of Flint is believed to be the only community in the state to hire a medical advisor as part of its proactive efforts to slow the spread of coronavirus.

“We must remain steadfastly focused on protecting the safety and wellbeing of our family, friends, customers and community,” Mayor Sheldon Neeley said.

Gov. Gretchen Whitmer said the epidemic order that Director Gordon issued is an important step to protect Michiganders across the state from the spread of COVID-19.

“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,” she said.

Information around this outbreak is changing rapidly. The latest information is available at Michigan.gov/Coronavirus and CDC.gov/Coronavirus.

Individuals with suggestions and concerns are invited to submit comments via email to COVID19@michigan.gov.

 

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