The Legal Examiner Affiliate Network The Legal Examiner The Legal Examiner The Legal Examiner search feed instagram google-plus avvo phone envelope checkmark mail-reply spinner error close
Skip to main content
Young waitress disinfecting tables while wearing protective face mask ad gloves due to coronavirus epidemic.
Grewal Law, PLLC
(888) 211-5798

On Sunday, October 4, 2020 I wrote an article explaining that despite the fact that the Michigan Supreme Court issued an opinion invalidating the majority of the Governor’s Executive Orders, not a lot was likely to change as to the regulations for Michigan businesses, public gatherings, and mask wearing. At the time it was only speculative; however, that speculation is now a reality. On October 5, 2020, Robert Gordon, Director of the Michigan Department of Health and Human Services, promulgated Emergency Order Under MCL 333.2253 – Gathering Prohibition and Mask Order.

This Order limits indoor and outdoor gatherings, mandates the wearing of masks, and places similar restrictions to Michigan restaurants and organized sports as did the Governor’s Executive Orders. The Order takes place immediately and currently lasts through October 30, 2020. It derives its authority from the Public Health Code, Act 368 of 1978; specifically, MCL 333.2253, which reads:

333.2253 Epidemic; emergency order and procedures; avian influenza; conditions requiring assistance of department of agriculture.

(1) If the director determines that control of an epidemic is necessary to protect the public health, the director by emergency order may prohibit the gathering of people for any purpose and may establish procedures to be followed during the epidemic to insure continuation of essential public health services and enforcement of health laws. Emergency procedures shall not be limited to this code.

(2) If an epidemic described in subsection (1) involves avian influenza or another virus or disease that is or may be spread by contact with animals, the department of agriculture shall cooperate with and assist the director in the director’s response to the epidemic.

(3) Upon request from the director, the department of agriculture shall assist the department in any review or update of the department’s pandemic influenza plan under section 5112.

Violation the Order is a criminal misdemeanor pursuant to MCL 333.2261, which reads:

333.2261 Violation as misdemeanor; penalty. 

Except as otherwise provided by this code, a person who violates a rule or order of the department is guilty of a misdemeanor punishable by imprisonment for not more than 6 months, or a fine of not more than $200.00, or both.

So yes, it is a crime to violate this Order, which follows the same spirit as the Governor’s Executive Orders. Not only that, but you could face fines of up to $1,000 as well. You can read more on that, here. Only time will tell if this statute will receive the same scrutiny as did the one struck down by the Michigan Supreme Court. What is clear, at least for now, is that these restrictions are here to stay.

3 Comments

  1. Gravatar for BILLY W CARMEN
    BILLY W CARMEN

    Hello,

    Can a person running for a town council position hold meetings on their property with people not wearing masks? If so how can we report such activities?

    Thank you,

    Billy Carmen

  2. Gravatar for Variant
    Variant

    Seems like this law might be subject to the same delegation of powers flaws as the riot act? Where's the legislative check on this power?

    Would like to see more legal analysis on this...

  3. Gravatar for Birdview
    Birdview

    How quickly we forget that a states law is not supreme. We should all be thankful of our constitution.

    Tyrants are bold this year but that pendulum swings both ways.

Join the Discussion

Your email address will not be published. Required fields are marked *.

Please do not include personal details in your comment. To message the author privately instead, click here.

Contacting the author via this website, either publicly or privately, does not create an attorney–client privilege.