Governor Whitmer Loosens Restrictions for Northern Michigan and the UP; Previews Future Regulations for Downstate Businesses
Foster Swift Legal Update E-blast
June 5, 2020
Governor Whitmer announced two new Executive Orders today, Executive Order 2020-114 (“EO 2020-114”) and Executive Order 2020-115 (“EO 2020-115”). EO 2020-115 rescinds her prior orders for Regions 6 and 8 only, which encompass most the northern counties in the Lower Peninsula and the entirety of the Upper Peninsula. EO 2020-114 updates worker safeguards for business operations that will soon be allowed to reopen.
Executive Order 2020-115
Most of the state is unaffected by EO 2020-115 and is still subject to the restrictions set forth in Executive Order 2020-110 (“EO 2020-110”). A detailed overview of EO 2020-110 can be found here.
However, non-essential personal services, such as hair salons, tattoo parlors, and tanning services may resume operations throughout the state on June 15. These operations are subject to the safeguards found in paragraph 11 of EO 2020-114.
Beginning June 10, EO 2020-110 is rescinded for Regions 6 & 8. Those regions will be subject to only the restrictions found in EO 2020-115 and workplace safeguards in EO 2020-114. EO 2020-115 provides the following restrictions for Regions 6 and 8 only:
Previously, office work that could be performed remotely must be performed remotely. Now, office work that can be performed remotely should be performed remotely for Regions 6 and 8. Offices may only operate in accordance with the safeguards detailed in paragraph 7 of EO 2020-114.
Rules on Gatherings
For Regions 6 and 8, indoor social gatherings and events are permitted among persons not of the same household so long as there are 50 or fewer persons. This is up from the current limit of 10 persons. For outdoor gatherings, the limit is 250 or fewer persons. Individuals are still required to maintain six feet of separation from persons that are not a part of their household.
Rules for Indoor Sports and Entertainment Facilities
Indoor sports and entertainment facilities include:
- bowling alleys;
- climbing facilities;
- convention centers;
- performance spaces;
- meeting halls;
- night clubs;
- sports arenas;
- theaters; or
- similar venues.
These facilities may open June 10 in Regions 6 and 8, provided that persons not part of the same household are able to maintain six feet of distance from one another at all times. The facility is limited to the smallest of 25% of its maximum capacity or 250 persons. Each separate auditorium or screening room is a separate venue.
Indoor sports and entertainment facilities must follow the safeguards in paragraph 12 of EO 2020-114.
Rules for Other Sports and Entertainment Facilities
For Regions 6 and 8, outdoor sports and entertainment facilities like concert spaces, race tracks, sports arenas, stadiums, or similar venues may, if outdoors, open to spectators and patrons beginning June 10. Persons not part of the same household must be able to remain six feet apart at all times. The number of spectators and patrons is limited to the smallest of 25% its maximum capacity or 500 persons. These facilities are also subject to the safeguards in paragraph 12 of EO 2020-114.
Gym, Fitness Centers, and Exercise Facilities
These facilities may reopen in Regions 6 and 8. Gyms, fitness centers, and other indoor exercise facilities are limited to the smallest of 25% capacity or 250 persons. Persons not of the same household must remain six feet apart at all times. These facilities must follow the safeguards in paragraph 13 of EO 2020-114.
For Regions 6 and 8, outdoor public swimming pools may operate at 50% capacity. Indoor swimming pools may operate at 25% capacity.
While EO 2020-115’s effects are largely limited to Regions 6 and 8, it is important for business owners in other regions to familiarize themselves with the rules and safeguards of EO 2020-114 and EO 2020-115. These same rules and safeguards will likely govern how your business may reopen when the time comes. With proper preparation, you will be able to hit the ground running on day one.
If you have questions or concerns about whether your business may reopen or how to reopen it safely, please contact your Foster Swift attorney or a member of our coronavirus taskforce today.
- Mid-Michigan - John Mashni | 517.371.8257 | email@example.com
- Southeast Michigan - Matthew Fedor | 248.785.4734 | firstname.lastname@example.org
- West & Northern Michigan - Laura Genovich | 616.726.2238 | email@example.com
While this article is current at time of publication, due to rapidly changing circumstances and updated regulations, we encourage you to confirm with your attorney and/or advisor to make sure you are operating with the most current information