1-22-21 New Gathering Rules Provide for a Return to Indoor Dining
The Michigan Department of Health and Human Services (MDHHS) has issued a new
Gatherings and Face Mask Order (New Order). The January 13, 2021, Gatherings and Face Mask Order (Prior Order) will remain in effect until January 31, 2021. The New Order is effective on Monday, February 1, 2021, at 12:01 a.m. except for expanded limits on capacity in certain stadiums and arenas hosting sporting events where such expanded limits are effective immediately. Read the full article
here.
1-13-21 Further Extension and Modification of the Gatherings and Face Mask Order
The Michigan Department of Health and Human Services (MDHHS) has updated the
Gatherings and Face Mask Order (New Order). The December 18, 2020, Gatherings and Face Mask Order (Prior Order) has been modified and extended through January 31, 2021. The New Order is effective on Saturday, January 16, 2021. Read the full article
here.
12-18-20 Further Extension and Modification of the Gatherings and Face Mask Order
The Michigan Department of Health and Human Services (Department) has updated the
Gatherings and Face Mask Order (New Order). The December 7, 2020, Gatherings and Face Mask Order (Prior Order) has been modified and extended to January 15, 2021. The New Order is effective on Monday, December 21, 2020. Read the full article
here.
12-7-20 Extension of the Gatherings and Face Mask Order
The Michigan Department of Health and Human Services has updated the
Gatherings and Face Mask Order (New Order). The prior Gatherings and Face Mask Order (Prior Order) has been extended to December 20, 2020. Read the full article
here.
11-16-20 DHHS Order Further Limits Indoor and Outdoor Gatherings and Restricts Higher Education In-Person Learning
In response to the continued rise of COVID-19 cases in Michigan, on November 15, 2020, the Department of Health and Human Services (DHHS) issued its updated
Gatherings and Face Mask Order (DHHS Order), further restricting the size of indoor and outdoor gatherings, prohibiting in-person education in high schools, colleges and universities, and requiring continued use of face masks. The DHHS Order takes effect on November 18, 2020, at 12:01 a.m., and will remain in effect through December 8, 2020, at 11:59 p.m. Read the full article
here.
10-30-20 DHHS Extends its Epidemic Order
On October 29, 2020, the Michigan Department of Health and Human Services (DHHS), extended and revised its epidemic order addressing COVID-19 concerns. The
Gatherings and Face Mask Order (DHHS Order) largely tracks the DHHS’s previous order requiring the use of masks in indoor spaces (which include schools) and while playing organized sports, as well as prohibiting congregation at food service establishments. There are, however, a few significant changes. Read the full article
here.
10-13-20 MI Supreme Court Doubles Down: Governor’s Executive Orders Are Void
On Monday, October 12, 2020, the Michigan Supreme Court issued two rulings that clarify its earlier ruling that Governor Whitmer lacked authority to declare a state of emergency and issue executive orders after April 30, 2020, without the approval of the Legislature. First, the high court denied the Governor’s motion to keep her executive orders in effect until the end of the month, despite the court’s
In re Certified Questions decision. That decision was issued after the court received questions from a federal court regarding whether the Governor had authority under the 1945 Emergency Powers of the Governor Act and the 1975 Emergency Management Act, and answered that the Governor did not. Read the full article
here.
10-6-20 The State of Mask Requirements and Other Limitations
On Friday, October 2, 2020, the Michigan Supreme Court issued an opinion which stated that the statutes Governor Gretchen Whitmer has been relying on as the source of the authority to issue executive orders either do not authorize the Governor’s actions or are unconstitutional. The opinion from the Michigan Supreme Court affects many of the requirements the Governor had put in place in Michigan. The Michigan Supreme Court opinion also resulted in new executive action from both the Michigan Department of Health and Human Services (DHHS) and county governments. Read the full article
here.
10-3-20 MI Supreme Court Rules Against Governor’s Executive Orders
Late Friday afternoon, October 2, 2020, the Michigan Supreme Court issued an opinion which states that the statutes Governor Gretchen Whitmer has been relying on as the source of her authority to issue executive orders either do not authorize the Governor’s actions or are unconstitutional. Despite the dramatic nature of the decision, it has no immediate legal effect. The short version: the Governor’s executive orders remain in effect for the time being, but there is going to be a lot of scrambling in Lansing for the next few weeks. Read the full article
here.
9-3-20 PLAY ON!
On September 3, 2020, Governor Gretchen Whitmer issued
Executive Order 2020-176 (Safe Start Order) and
Executive Order 2020-175 (Safeguards to Protect Michigan’s Workers from COVID-19 Order), rescinding Executive Orders 2020-160, 2020-161 and 2020-162. The revised Safe Start Order reopens Michigan’s gyms and pools, and allows for organized sports practices and competitions to resume in regions where they were previously restricted. All of these reopenings are subject to strict safety requirements contained in the Safeguards to Protect Michigan’s Workers from COVID-19 Order. Read the full article
here.
7-30-20 State of Michigan Slows Down Reopening
On July 29, 2020, Governor Gretchen Whitmer issued
Executive Order 2020‑160 (Amended Safe Start Order) amending Michigan’s Safe Start Plan and limiting indoor gatherings
statewide to 10 people or less and, across most of the state, outdoor gatherings are limited to 100 people. Governor Whitmer also issued
Executive Order 2020‑161 (Amended Safeguards Order) amending the safeguards to protect Michigan workers and including provisions for the operation of casinos. These executive orders are the latest in a series of executive orders issued by Governor Whitmer responding to the novel coronavirus, COVID‑19. Read the full article
here.
7-11-20 No Shirt, No Shoes, No Mask—No Service! State of Michigan’s Current Rules on Reopening
On July 9, 2020, Governor Gretchen Whitmer issued
Executive Order 2020-145 regarding safeguards to protect Michigan workers. On July 10, 2020, Governor Whitmer issued
Executive Order 2020-147 expanding the mask use requirement for Michigan residents and businesses. These executive orders are the latest in a series of executive orders issued by Governor Whitmer responding to the novel coronavirus (COVID-19). Read the full article
here.
6-5-20 Upper Peninsula and Traverse City Regions Move to Stage 5; Non-Essential Personal Care Services to Return June 15, 2020
On June 5, 2020, Governor Gretchen Whitmer issued new
Executive Order 2020-115 (Supplemental Reopen Order). The Supplemental Reopen Order does not rescind
Executive Order 2020-110 (Reopen Order) but modifies the Reopen Order for Regions 6 and 8 by permitting social gatherings, performances and events, and opening indoor swimming pools. The Supplemental Reopen Order also allows non-essential personal care services to open effective as of 12:01 a.m. on June 15, 2020. Read the full article
here.
6-1-20 Governor Whitmer Further Reopens State of Michigan
On June 1, 2020, Governor Gretchen Whitmer issued new
Executive Order 2020-110 (Reopen Order), which rescinded the Stay Home, Stay Safe Executive Orders 2020-69 and 2020-96. The Reopen Order takes effect immediately, though certain changes do not take effect until 12:01 a.m. on June 4, 2020, and 12:01 a.m. on June 8, 2020.
5-18-20 Governor Whitmer Partially Reopens Retail, Restaurants and Offices in Upper Peninsula, Traverse City Regions
On May 18, 2020, Governor Gretchen Whitmer issued new
Executive Order 2020-92 (Reopen Order), which rescinded all prior Stay Home, Stay Safe Executive Orders (collectively, Prior Orders). The Reopen Order takes effect immediately and continues through May 28, 2020, at 11:59 p.m., though many of the changes do not take effect until 12:01 a.m. on May 22, 2020. Read the full article
here.
5-12-20 Litigation: Webinar: Gaining Access to Government Data During COVID‑19 with FOIA and OMA
Join Warner attorneys, Kristina Araya, Daniel Ettinger and Brian Wassom for a webinar focused on two key legal tools for gaining access to government data: the Freedom of Information Act (FOIA) and Open Meetings Act (OMA). We will share tips, tricks and recent developments from a legal insider’s perspective along with a background on the Michigan and federal FOIAs.
Click here to listen to a recording of the webinar.
5-7-20 Governor Whitmer Issues Michigan’s Safe Start Plan
On May 7, 2020, Governor Gretchen Whitmer announced the details of her
MI Safe Start Plan, a plan to re-engage Michigan’s economy in six phases. In conjunction with leaders in health care, business, labor and education, the Governor developed the plan based on six phases of the pandemic, including: (1) uncontrolled growth; (2) persistent spread; (3) flattening; (4) improving; (5) containing; and (6) post-pandemic. Read the full article
here.
5-7-20 Governor Whitmer Issues New Executive Order to Reopen Manufacturing
On May 7, 2020, Governor Gretchen Whitmer issued new
Executive Order 2020-77 (May 7th Order), which rescinded the prior Stay Home, Stay Safe Executive Orders issued on April 24, 2020, March 23, 2020, April 9, 2020, and May 1, 2020 (collectively, Prior Orders). The May 7th Order takes effect immediately, though some changes do not take effect until 12:01 a.m. on May 11, 2020. Unless otherwise altered by this new order, all the prior stay home requirements remain in effect through May 28, 2020, at 11:59 p.m. Read the full article
here.
5-3-20 Governor Whitmer Issues New Revised Stay Home, Stay Safe Executive Order
On May 1, 2020, Governor Gretchen Whitmer issued new
Executive Order 2020-70 (May 1
st Order), which rescinded the prior Stay Home, Stay Safe Executive Orders issued on April 24, 2020, March 23, 2020, and April 9, 2020 (collectively, Prior Orders). The May 1
st Order takes effect immediately and continues through May 15, 2020, at 11:59 p.m., though many of the changes do not take effect until 12:01 a.m. on May 7, 2020. Read the full article
here.
4-24-20 Governor Whitmer Issues Revised Stay Home, Stay Safe Executive Order
On April 24, 2020, Governor Gretchen Whitmer issued new Executive Order 2020-59 (April 24
th Order), which rescinded the prior Stay Home, Stay Safe Executive Orders issued on March 23, 2020, and April 9, 2020, (April 9
th Order). The April 24
th Order takes effect immediately and continues through May 15, 2020, at 11:59 p.m. Read the full article
here.
4-24-20 Summary of the Paycheck Protection Program and Health Care Enhancement Act
This week the Senate and House passed the Paycheck Protection Program and Health Care Enhancement Act (“PPP Enhancement Act”). The PPP Enhancement Act, once signed by the President, provides additional funding for the Paycheck Protection Program originally implemented by the Coronavirus Aid, Relief and Economic Security Act (CARES Act) to assist businesses affected by the COVID‑19 pandemic. The PPP Enhancement Act also increases funding for Disaster Loans and Grants, and appropriates funds for hospitals, states and localities to increase COVID‑19 testing capacity. Read the full article
here.
4-24-20 Webinar: Reopening Michigan: Legal Issues to Consider
Ed Bardelli, Michael Brady and Troy Cumings presented a webinar for the Michigan Chamber of Commerce on April 24, 2019, and addressed the legal issues to consider when Michigan reopens. Updates from Lansing’s capitol were presented, along with tips for reopening businesses and bringing employees back to work. They also discussed assessing your contractual relationships with vendors and customers – and the risks of declaring
force majeure. View the PowerPoint presentation
here and reach out to
Ed Bardelli,
Michael Brady and
Troy Cumings with questions.
4-9-20 Governor Whitmer Issues New Stay Home, Stay Safe Executive Order
As expected, on April 9, 2020, Governor Gretchen Whitmer issued new Executive Order 2020-42 (“Revised Order”), which rescinded the prior Stay Home, Stay Safe Executive Order issued on March 23, 2020 (“Previous Order”). The Revised Order takes effect on April 9, 2020 at 11:59PM and continues through April 30, 2020 at 11:59PM. Read the full article
here.
3-29-20 Warner Summarizes the CARES Act
On March 27, 2020, President Trump signed the Coronavirus Aid, Relief and Economic Security Act (CARES Act) into law. The CARES Act provides emergency assistance to individuals, families and businesses affected by COVID-19. The CARES Act is divided into two divisions. Division A includes programs to benefit individuals, companies and the health care system affected by COVID-19. Division B describes the supplemental appropriations to help the government respond to COVID-19. Read the full article
here.