On June 1, 2020, Governor Gretchen Whitmer issued new Executive Order 2020-110 (Reopen Order), which rescinded the Stay Home, Stay Safe Executive Orders 2020-69 and 2020-96.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.
The Reopen Order moves all of Michigan to Stage 4 of the Michigan Safe Start Plan. The transition to Stage 4 means that residents of Michigan are no longer required to stay home by executive order, and unless specifically required to remain closed, as noted below, businesses may reopen subject to the capacity constraints and workplace standards described in Executive Order 2020‑97. The Reopen Order does state that any work capable of being performed remotely must be performed remotely. Certain businesses are to remain closed and specific activities that present a heightened risk of infection remain prohibited.
Businesses and Activities to Remain Closed
Under the Reopen Order, except as noted below, the following places are to remain closed to ingress, egress, use and occupancy by members of the public:
- Indoor theaters, cinemas and performance venues.
- Indoor gymnasiums, fitness centers, recreation centers, sports facilities, exercise facilities, exercise studios and the like.
- Indoor public swimming pools.
- Facilities offering 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.
- 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.
- Indoor services or facilities, or outdoor services or facilities involving close contact of persons, for amusement or other recreational or entertainment purposes, such as amusement parks, arcades, bingo halls, bowling alleys, indoor climbing facilities, indoor dance areas, skating rinks, trampoline parks and other similar recreational or entertainment facilities.
The following places are not included in the above restrictions:
- Outdoor fitness classes, athletic practices, training sessions or games, provided that coaches, spectators and participants not from the same household maintain six feet of distance from one another at all times during such activities, and that equipment and supplies are shared to the minimum extent possible and are subject to frequent and thorough disinfection and cleaning.
- Services necessary for medical treatment as determined by a licensed medical provider.
- Health care facilities, residential care facilities, congregate care facilities and juvenile justice facilities.
- Crisis shelters or similar institutions.
In addition, employees, contractors, vendors or suppliers may enter, use or occupy the places described above solely in their professional capacity.
Restaurants and Bars
Unless otherwise prohibited by local regulation, restaurants, food courts, cafes, coffeehouses, bars, taverns, brew pubs, breweries, microbreweries, distilleries, wineries, tasting rooms, special licensees, clubs and like places may be open to the public as follows:
- For delivery service, window service, walk-up service, drive-through service or drive-up service, and may permit up to five members of the public at one time for the purpose of picking up their food or beverage orders, so long as those individuals are at least six feet apart from one another while on premises.
- In Regions 1, 2, 3, 4, 5 and 7, beginning at 12:01 a.m. on June 8, 2020, for outdoor and indoor seating, subject to the capacity constraints and workplace standards described in Executive Order 2020‑97.
- In Regions 6 and 8, which remain open for outdoor and indoor seating, are still subject to the capacity constraints and workplace standards described in Executive Order 2020-97.
Food courts inside the secured zones of airports are not subject to the above restrictions.
Resumption of Retail Activity
At 12:01 a.m. on June 4, 2020, retailers may resume normal operations, subject to local regulation and to the capacity constraints and workplace standards described in Executive Order 2020‑97.
Permitted Social Gatherings
Indoor social gatherings and events among persons not part of a single household of 10 or less people are permitted.
Outdoor social gatherings and events among persons not part of a single household are permitted, but only to the extent that:
- The gathering or event does not exceed 100 people.
- People not part of the same household maintain six feet of distance from one another.
Outdoor Parks and Recreational Facilities
Unless otherwise prohibited by local regulation, outdoor parks and recreational facilities may open, provided that they make any reasonable modifications necessary to enable employees and patrons not part of the same household to maintain six feet of distance from one another, and provided that areas in which social distancing cannot be maintained be closed, subject to guidance issued by the Department of Health and Human Services.
Other Activities to Resume June 8
Unless otherwise prohibited by local regulation, public swimming pools may open as of June 8, 2020, if the pool is outdoors. The pool must be limited to 50% of the bather capacity and remains subject to guidance issued by the Department of Health and Human Services.
Day camps for children may open as of June 8, 2020, subject to guidance issued by the Department of Licensing and Regulatory Affairs. Residential, travel and troop camps must remain closed for the time being.
As of June 8, 2020, libraries and museums may open subject to the capacity constraints and standards for retailers described in Executive Order 2020‑97.
Restrictions on Individuals that Leave Home
Individuals who leave their homes or places of residence must:
- Follow social distancing measures recommended by the Centers for Disease Control and Prevention, including remaining at least six feet from people from outside the individual’s household to the extent feasible under the circumstances.
- Wear a face covering over their nose and mouth—such as a homemade mask, scarf, bandana or handkerchief—when in any enclosed public space, unless the individual is unable medically to tolerate a face covering.
- An individual may be required to temporarily remove a face covering upon entering an enclosed public space for identification purposes. An individual may also remove a face covering to eat or drink when seated at a restaurant or bar.
- Businesses and building owners, and those authorized to act on their behalf, are permitted to deny entry or access to any individual who refuses to wear a face covering. Businesses and building owners will not be subject to a claim that they have violated the covenant of quiet enjoyment, to a claim of frustration of purpose or to similar claims for denying entry or access to a person who refuses to wear a face covering.
- Supplies of N95 masks and surgical masks should generally be reserved, for now, for health care professionals, first responders (e.g., police officers, fire fighters and paramedics) and other critical workers who interact with the public.
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.