MDHHS issues emergency order designed to protect the health, safety of Michiganders

LANSING — Michigan Department of Health and Human Services Director Robert Gordon issued an emergency order Monday 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. Monday’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,” Gordon said. “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.”

Monday’s orders largely reinstate, under the department’s authority, three major aspects of prior emergency orders:

  • 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 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 percent 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.

  • 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.

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

Edwardsburg

Ontwa Township Edwardsburg Police Log: Feb. 15-22

Dowagiac

SMC graduate experiences Super Bowl

Dowagiac

Dowagiac women aim to create change through local government

Dowagiac

SMC COVID task force leader talks with Dowagiac Rotary Club

Business

Niles roller rink reopens following legal battle

Berrien County

Michigan Works! announces community wide survey to learn about COVID-19’s impact

Cass County

Cass County prepares to adjust to criminal justice reforms

Berrien County

Michiana Family Center seeks mentors for foster teens

Business

Nobo Michigan opens Edwardsburg location

Cassopolis

Businesses battle over land use in Cassopolis’ Industrial Park

Dowagiac

Dowagiac Police Log: Feb. 19-24

Berrien County

Mount Calvary Baptist to host COVID-19 vaccination clinic March 5

Berrien County

COVID-19 UPDATE: Berrien County reports new COVID-19 death

Berrien County

Berrien County Health Department, Spectrum Health Lakeland give vaccination updates

Cass County

Applications open for Cass County Sheriff’s Community Scholarship

Berrien County

Berrien County commissioners send message to state on regionalizing COVID-19 approach

Cass County

Lewis Cass ISD to host superintendent interviews Monday

Cass County

Michigan Works! to open office in Cass County administration building

Business

Dollar General, marijuana microbusiness, Iron Shoe expansion coming to Niles

Dowagiac

Silver Creek Township Planning Commission tables short-term rental ordinance draft vote

News

New SOS online, self-service options coming soon

Business

Niles restaurant week to showcase 18 restaurants

Berrien County

COVID-19 UPDATE: Michigan reports 583,964 cases, 15,405 deaths

Cass County

Cass County GOP censures Congressman Fred Upton for vote against Marjorie Taylor Greene