Governor Whitmer Extends Closure of Restaurants, Libraries and Other Places of Accommodation through May 28

Late last night, Governor Whitmer issued Executive Order 2020-69 (“EO 2020-69”), which extends the closure of certain places of public accommodation. Michigan’s bars, dine-in restaurants, coffee shops, theaters, libraries, gyms, and casinos are to remain closed through May 28, 2020. 

Places of Public Accommodation

Under EO 2020-69, the following places of public accommodation are closed to members of the public through May 28:

1. Restaurants, bars, breweries, and other places offering on-premises consumption of food and beverages;
2. Hookah bars, cigar bars, and vaping lounges offering their products for on-premises consumption;
3. Theaters (including drive-ins), and indoor or outdoor performance venues;
4. Libraries and museums;
5. Non-essential personal care services including fitness centers, hair, nail, tanning, and tattoo services;
6. Casinos and racetracks; and
7. Places of public amusement, such as an amusement park, bowling alley, or trampoline park.

It does not apply to businesses that sell food and drinks for off-premises consumption, such as grocery stores or pharmacies. It also does not prohibit carry-out and drive-thru services. Any restaurant offering carry-out may permit only five members of the public inside at any time, and each person should remain at least six feet apart.

Places of public accommodation are places that offer indoor or outdoor services, whose goods, services, and facilities are offered to the public. This includes private clubs, such as country clubs, golf clubs, sports or athletics clubs, and boating clubs. Only the places of public accommodation listed in items 1-7, above, are subject to this order and are closed through May 28. Other places of public accommodation currently are closed subject to the stay-at-home order and may be able to reopen when it expires on May 15, unless another executive order is issued.

Resumed Work under Executive Order 2020-59

EO 2020-69 supplements, but does not relax, the restrictions put in place by Executive Order 2020-59, commonly known as the “stay-at-home” order. Under the stay-at-home order, businesses may sell their goods remotely, utilizing delivery or curbside pick-up. Businesses that resume in-person work and continue to serve the public off-premises must do so under the social distancing and mitigation measures set forth in the stay-at-home order. Businesses that continue to operate under either order must:

• Have a COVID-19 Preparedness and Response Plan;
• Provide masks and other personal protection equipment to employees working in-person;
• Adopt policies to prevent workers with respiratory symptoms or that have had contact with a person confirmed to have COVID-19 from entering the premises; and
• Limit interaction between clients and patrons, as well as workers to the maximum extent possible.

If you need any assistance developing internal policies or a COVID-19 Preparedness and Response Plan, please contact your Foster Swift attorney or a member of Foster Swift's Coronavirus Task Force:

• Mid-Michigan & Southeast Michigan - Matthew Fedor | 248.785.4734 | mfedor@fosterswift.com
• West & Northern Michigan - Laura Genovich | 616.726.2238 | lgenovich@fosterswift.com

While the information in this article is accurate at time of publication, the laws and regulations surrounding COVID-19 are constantly evolving. Please consult your attorney or advisor to make sure you have the most up to date information before taking action.