Back in the spring, I wrote a blog post offering guidance to businesses about the potential impact of Michigan’s Stay-at-Home Executive Order, which was issued in an effort to curb the spread of COVID-19 in the State.
Although many of the initial restrictions have since been modified or lifted, a number of the requirements applicable to businesses were still in place as of last week. However, last Friday, the Michigan Supreme Court ruled that Governor Gretchen Whitmer lacked the authority, under the Emergency Powers of the Governor Act, MCL 10.31, et seq., to issue or renew any administrative orders relating to COVID-19 after April 30, 2020.
This immediately threw the status of the Governor’s numerous Covid-19 executive orders into chaos. For example, only hours after the opinion was published, Governor Whitmer publicly stated that the ruling was not to take effect for at least 21 days, during which time her emergency declaration, and orders issued pursuant thereto, would remain in effect. However, over the weekend, Michigan’s Attorney General announced that the Governor’s orders would not be enforced, effectively immediately.
And then, on Monday, the Michigan Department of Health and Human Services (“MDHHS”) has issued an order expressly designed to reinstate some of the restrictions that were effectively invalidated by the Supreme Court. However, that order is only in effect until October 30, 2020. Creating further confusion, in the void left by the Supreme Court’s decision, localities will likely begin implementing their own mandates.
What does this mean for your business? Unfortunately, at this point, it is unclear. At least until there is more clarity about which requirements are legally enforceable. At a minimum, the new MDHHS order is likely binding, pending what are sure to be additional court challenges regarding its validity. Please stay tuned to this space as we will continue to monitor any developments and contact the attorneys of Demorest Law Firm for assistance with these issues.
