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Jun 2020
05
June 05, 2020

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. 

Non-Essential Personal Care Services 

As of 12:01 a.m. on June 15, 2020, non-essential personal care services, including hair, nail, tanning, massage, traditional spa, tattoo, body art and piercing services, and similar personal care services that involve close contact of persons are permitted throughout the State of Michigan, subject to compliance with Executive Order 2020-114 on worker safeguards. 

Activities Permitted Only in Regions 6 and 8 

Beginning at 12:01 a.m. on June 10, 2020, in Regions 6 and 8, social gatherings, performances and events can resume under the following rules:  
 
  • A social gathering or organized event among persons not part of the same household (“Event”) is permitted, but only to the extent that:
    • Persons not part of the same household maintain six feet of distance from one another.
    • If the Event is indoors, the Event does not exceed 50 people.
    • If Event is outdoors, the Event does not exceed 250 people.

These restrictions do not apply to incidental gatherings of persons in a shared space, including an airport, bus station, factory floor, restaurant, shopping mall, public pool or workplace. 
 
  • An arcade, bowling alley, cinema, climbing facility, convention center, performance space, meeting hall, night club, sports arena, theater or similar venue may, if it is indoors, be open to spectators or patrons, but only to the extent that it:
    • Enables persons not part of the same household to maintain six feet of distance from one another at all times while in the venue.
    • Limits the number of people in the venue to 25% of its maximum capacity or to 250, whichever is smaller. For purposes of this calculation, each separate auditorium or screening room is a separate venue.
  • A concert space, race track, sports arena, stadium or similar venue may, if it is outdoors, be open to spectators or patrons, but only to the extent that it:
    • Enables persons not part of the same household to maintain six feet of distance from one another at all times while in the venue.
    • Limits the number of people in the venue to 25% of its maximum capacity or to 500, whichever is smaller.
  • Indoor and outdoor public swimming pools may now be open, subject to guidance issued by the Department of Health and Human Services, provided that:
    • Outdoor swimming pools limit capacity to 50% of the bather capacity.
    • Indoor swimming pools limit capacity to 25% of the bather capacity.

The Supplemental Reopen Order notes that work that can be performed remotely (without people leaving their home or place of residence) should be performed remotely.

Region 6 includes the following counties: Manistee, Wexford, Missaukee, Roscommon, Benzie, Grand Traverse, Kalkaska, Crawford, Leelanau, Antrim, Otsego, Monmorency, Alpena, Charlevoix, Cheboygan, Presque Isle and Emmit.

Region 8 includes the following counties: Gogebic, Ontonagon, Houghton, Keweenaw, Iron, Baraga, Dickinson, Marquette, Menominee, Delta, Alger, Schoolcraft, Luce, Mackinac and Chippewa. 

Activities Permitted in Other Regions

As noted above, non-essential personal care services will be permitted statewide on June 15, 2020. According to the Supplemental Reopen Order, the opening of personal care services statewide is a partial step along the path of an orderly transition to Stage 5 for parts of the state outside of Regions 6 and 8. The Supplemental Reopen Order is explicit that except as specified, nothing in the Supplemental Reopen Order supersedes any other executive order. We expect the Governor’s office to continue to apply the Reopen Order to all other Regions, although further clarification from the Governor’s office as to the application of the Supplemental Reopen Order to other regions may be provided. Please contact your Warner client manager or any of the attorneys noted below to further discuss this issue. 

You can find more information about the Reopen Order and the permitted activities in other regions here. 

Warner has organized a cross-disciplinary legal team to help answer questions regarding the executive orders. If you have any questions or concerns related to the Supplemental Reopen Order, or any previously issued executive 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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