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May 2020
18
May 18, 2020

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On May 18, 2020, Governor Gretchen Whitmer issued new Executive Order 2020-92 (Reopen Order), which rescinded all prior Stay Home, Stay Safe Executive Orders (collectively, Prior Orders).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.   
 
The Reopen Order permits certain sectors, such as retail activities, office work and restaurants and bars, in certain regions, to resume limited activities subject to stringent precautionary measures.  
 
Worker Protection Requirements
 
The Reopen Order removes the worker protection and safety protocols to safeguard Michigan workers from the Stay Home, Stay Safe Executive Order. These worker protection and safety protocols to safeguard Michigan workers are now in a separate Executive Order, Executive Order 2020-91. More information on the changes to the worker protection and safety protocols can be found here.
 
The Eight Zones
 
The Reopen Order codified the eight separate regions set forth in the MI Safe Start Plan. These eight zones are:
 
  1. Region 1: Monroe, Washtenaw, Livingston, Genesee, Lapeer, Saint Clair, Oakland, Macomb and Wayne counties.
  2. Region 2: Mason, Lake, Osceola, Clare, Oceana, Newaygo, Mecosta, Isabella, Muskegon, Montcalm, Ottawa, Kent and Ionia counties.
  3. Region 3: Allegan, Barry, Van Buren, Kalamazoo, Calhoun, Berrien, Cass, Saint Joseph and Branch counties.
  4. Region 4: Oscoda, Alcona, Ogemaw, Iosco, Gladwin, Arenac, Midland, Bay, Saginaw, Tuscola, Sanilac and Huron counties.
  5. Region 5: Gratiot, Clinton, Shiawassee, Eaton and Ingham counties.
  6. Region 6: Manistee, Wexford, Missaukee, Roscommon, Benzie, Grand Traverse, Kalkaska, Crawford, Leelanau, Antrim, Otsego, Montmorency, Alpena, Charlevoix, Cheboygan, Presque Isle and Emmet counties.
  7. Region 7: Hillsdale, Lenawee and Jackson counties.
  8. Region 8: Gogebic, Ontonagon, Houghton, Keweenaw, Iron, Baraga, Dickinson, Marquette, Menominee, Delta, Alger, Schoolcraft, Luce, Mackinac and Chippewa counties.
 
Permitted Activities Only in Zones 6 and 8
 
In Zones 6 and 8, individuals may leave their home or place of residence, and travel as necessary to a restaurant, retail store or to attend a social gathering of up to 10 people. In addition, individuals may remove face coverings while seated at a restaurant or bar.
 
Beginning at 12:01 a.m. on May 22, 2020, in Zones 6 and 8, the following workers can resume work:
 
  • Workers necessary to perform retail activities.
  • Workers who work in an office setting, but only to the extent that such work is not capable of being performed remotely.
  • Workers in restaurants or bars, subject to the capacity constraints and workplace standards described in Executive Order 2020-91.
Retail activities exclude those places of public accommodation that are closed under Executive Order 2020-69 which include:
 
  1. Restaurants, food courts, cafes, coffeehouses and other places of public accommodation offering food or beverage for on-premises consumption.
  2. Bars, taverns, brew pubs, breweries, microbreweries, distilleries, wineries, tasting rooms, special licensees, clubs and other places of public accommodation offering alcoholic beverages for on-premises consumption.
  3. Hookah bars, cigar bars and vaping lounges offering their products for on-premises consumption.
  4. Theaters, cinemas and indoor and outdoor performance venues.
  5. Libraries and museums.
  6. Gymnasiums, fitness centers, recreation centers, indoor sports facilities, indoor exercise facilities, exercise studios and facilities offering non-essential personal care services.
  7. Casinos licensed by the Michigan Gaming Control Board, racetracks licensed by the Michigan Gaming Control Board and Millionaire Parties licensed by the Michigan Gaming Control Board.
  8. Places of public amusement not otherwise listed above.

Laboratory Workers
 
The Reopen Order also permits workers necessary to conduct research activities in a laboratory setting to return to work. This is effective immediately.
 
Warner has organized a cross-disciplinary legal team to help answer questions regarding the stay-at-home orders. If you have any questions or concerns related to the Reopen Order, or any previously issued stay-at-home order, please reach out to your Warner client manager or Michael Brady, Troy Cumings, Amanda Fielder, Matthew Johnson or Linda Paullin-Hebden

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