On March 23, 2020 Governor Gretchen Whitmer signed into effect Executive Order No. 2020-21. This Order temporarily requires Michigan residents to suspend all activities that are NOT necessary to sustain or protect life. In essence, it is a stay-at-home order that only allows you to leave your home if you are doing so pursuant to one of the exceptions. This article will explain when you are allowed to leave your home, and what could happen if you violate the Order.
Here is a summary of what you CAN do while the stay-at-home order is in effect:
- Go to the grocery store or pick up take-out food;
- Go to the pharmacy to pick up a needed prescription;
- Engage in outdoor activities like walking, hiking, running, biking;
- Go to the hospital or secure any care necessary to address a medical emergency or to preserve your health or the health of a loved one;
- Fill your car with gas;
- Return to Michigan to a home or place of residence from outside the State;
- Leave the State for a home or residence elsewhere;
- Travel between two residences in the state;
- Walk your pets and take them to the veterinarian for needed medical care;
- Comply with a court order, including transportation of children pursuant to a custody agreement (To find out more information on this topic, click here); and,
- Go to work, but only if you are part of the critical infrastructure or are one of the limited employees necessary to conduct minimum basic operations. (To find out more information on this topic, click here).
For a summary of what not to do, please visit Michigan’s coronavirus website, here. In short, the Governor is ordering you to stay home unless you are performing one of the above-listed activities, or unless you are a worker cleared to be physically present at work.
Now that you know what you can and cannot do, here is what could happen if you are caught violating the Order. Pursuant to Section 14, a willful violation of the Order will result in a criminal misdemeanor. Section 14 cites to MCL 10.33 and MCL 30.405(3), which state, respectively:
EMERGENCY POWERS OF GOVERNOR (EXCERPT)
Act 302 of 1945
10.33 Violation; misdemeanor.
Sec. 3.
The violation of any such orders, rules and regulations made in conformity with this act shall be punishable as a misdemeanor, where such order, rule or regulation states that the violation thereof shall constitute a misdemeanor.
– – – – –
EMERGENCY MANAGEMENT ACT (EXCERPT) Act 390 of 1976
(3) A person who willfully disobeys or interferes with the implementation of a rule, order, or directive issued by the governor pursuant to this section is guilty of a misdemeanor.
In other words, you do not just face a civil infraction and/or fine if you are caught violating Order 2020-21 – you face being criminally charged. If you have any questions, please contact our office at (616) 259-8463 or via email at dbarnett@4grewal.com.
Daniel Barnett is an associate attorney with Grewal Law PLLC. His practice areas include commercial litigation, general civil litigation, family law, criminal law, and, personal injury.
148 Comments
Jason whitcomb
I do collision repair for a chevy dealership and was told this is essential! Don't really understand how or if this is true.
Tammy
Following. I too work at body shop
Benjamin
You remain open in the event that someone needs their car fixed. Many michigan families rely on a single car for transportation. If that car has a problem that must be fixed, they will be unable to get food, go to a hospital, attend their jobs(if necessary) or get to someone they are supposed to be taking care of. Also, if they have a pet, they cannot take them to the vet. Since having a working vehicle is so important, the people who repair said vehicles are also.
Laura
What about the employees that don’t fix the vehicles like salesmen. Are they allowed to stay home without repercussions?
Lynn
It was specifically stated that sales are not to remain open, only service & repair.
Gary
The sales portion of dealerships are to be closed.
Undrstm8ed
Right, cause the 17 yr old kid in the drive thru at Wendys down the roads job was deemed "more essential" than having to show up for real job/career in order to pay the near $900 in child support I have to cover that ISNT STOPPED by the state in accrual of interest, fees, and or without being sent to arrears furthering all of the above even deeper.. MY and other's like me, OUR children are a "critical infrastructure", and $1200 I can't get because I am behind in arrears doesn't help me at all.
My 2nd right in this country is to protect myself, because the State has deemed itself not only incapable of doing so, but because since 1856, not one but all of the Supreme courts has ruled that not only does the police have NO STATUTORY DUTY to protect its citizenry, but the State wont. THIS is why you have a hard time or can't sue a State agency for NOT protecting you. That's MY and everyone else's job! those believing otherwise have the be-lie-f differently and are ignorant of their rights.
Also I'd like to add the 11th amendment doesn't protect these people in the so called justice system or the politicians. Come give me ticket, in fact I'll take two and i'll hold each PERSON involved personally liable and have their heads spinning in a federal court.
Megan Hughes
My sister is looking for an open place to fix her vechile. May i ask which county your are out of ? If it is n the Marquette area may i have the name of thr place you work?
B
The department of homeland security deemed auto repair businesses as essential services. Personally I am an Auto Tech and we service State Police vehicles, hospital vehicles, and other vehicles used for critical services so our business is pretty necessary. I would assume you are remaining open for the same reasons. Hope that puts it into perspective for you.
Jason
We do not service these vehicles.
B
That may be true, but you may be repairing vehicles owned by first responders, nurses, doctors, and many other professions that are considered critical. Fact is, you're fortunate to still be working in these trying times, many people aren't so lucky.
Tyler
What about a venier plant . Business name is besse forest products. All we work with is venier .they said we are essential and still open but I just dont undertow. Thank you for input
Dick
If they get wrecked you do
Angie
I have a Chevy trax love it
Valarie gulde
Angie, that's cool. I have a ford escape. It's a better value.
Melinda Kriebel
I would think only repair for those that are essential workers like doctors, nurses etc.
Daniel Barnett
Yes, the MEMORANDUM ON IDENTIFICATION OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE states that "automotive repair and maintenance facilities" are critical infrastructure.
Joe
The "State" (a legal fiction) through its administrators cannot "order" People to do anything without due process or just compensation. If you want to fulfill Gov Whitmer's "order" I suggest you send her your bill!
There is no provision in American law i.e. the American Constitution, which gives government the power to interfere with our daily lives. We the People are "Free" to pursue live, liberty and possess property as long as in that pursuit we do not willfully (with a guilty mind) violate the rights of another.
Through a lack of proper education, we the people (on mass) no longer know what our founding fathers bequeathed us and what millions of Americans have died to defend. We have forgotten who is the master and who the servant. Because of that lack of knowledge, we have a constitution that is essential circumvented for profit by way of a carnival like trickery know as "legal language".
So, is anyone subject to this order? Yes, all "persons" and "individuals" "in" the state are subject to this order. My guess is most of you do not know what a "person" or "individual" is in a legal context and you do not know the legal difference between "in" and "at".
You may choose stay at home if you wish, I choose to stay free!
mass killer
word. this is the only correct answer here. this entire executive order is probably illegal and unconstitutional, but who cares, amirite?
Undrstm8ed
Where is the like button?!
Anne
Well said! Thank you for that.
John Begoske
The order states walking, hiking and biking are allowed. What about fishing?
Bill Sikkenga
Per the Michigan DNR, fishing will still be allowed during this time. They stated that on their Facebook page today, after the Governor made her announcement.
Daniel Barnett
You can also find more information here. https://www.michigan.gov/dnr/0,4570,7-350-79137_79770_98458-522730--,00.html
Chris
I am a little confused. I work in a seasonal town and have a small business. So I can get in my car and go fishing, but I cannot go to my office (has been closed since October and doesn’t open til June) and am the only one in the office?
Terijolc
Just do it and don’t make it a big deal. Think the cops are driving around checking out office buildings?
Mary
How about landscaping outside.
Daniel Barnett
Mary:
Thank you for reading my article. To start off I want to say that my comments are to be taken generally only. This order is very ambiguous and unrefined, and I cannot guarantee what a court or law enforcement agency will do. These are unprecedented times and this is an unprecedented order. So please do not take my comments as anything more than an educated interpretation/guess on the overall implications of the order. Also, no attorney/client relationship is intended from this post.
Having said that, the order states: “No person or entity shall operate a business or conduct operations that require workers to leave their homes or places of residence except to the extent that those workers are necessary to sustain or protect life or to conduct minimum basic operations.” This lists two exceptions, to sustain or protect life or to conduct minimum basic operations. I don’t see landscaping services falling into necessary to sustain or protect life. As far as the “necessary to conduct minimum basic operations,” the order defines that as: “For purposes of this order, workers who are necessary to conduct minimum basic operations are those whose in-person presence is strictly necessary to allow the business or operation to maintain the value of inventory and equipment, care for animals, ensure security, process transactions (including payroll and employee benefits), or facilitate the ability of other workers to work remotely.” So, unless the landscaping company is having an employee work on inventory or payroll, I don't see it falling into that category, either.
If you are just talking about personal landscaping outside, that seems to be covered under Section 7(a)(1) because it is not a business activity. Also, here is an article from Mlive that might be helpful. Hope this helps.
https://www.mlive.com/public-interest/2020/03/how-to-report-if-your-non-essential-workplace-is-still-open-during-michigans-coronavirus-stay-home-order.html
Larry
The definition of an Executive order is quite clear in who it can cover. IMHO Executive Orders are way too over used by all branches of our government. That being said, anyone in their right mind would be loathe to not follow Gretchen Whitmers STRONG RECOMMENDATION TO STAY HOME, during this onerous time in world history.
mass killer
this is correct. see https://casetext.com/statute/michigan-compiled-laws/chapter-10-governor/emergency-powers-of-governor/section-1031-proclamation-of-state-of-emergency-promulgation-of-orders-rules-and-regulations-seizure-of-firearms-ammunition-or-other-weapons
Scott Byer
I agree. What about riding my side by side near Houghton Lake on the ORV routes? You can bike, hike, walk, run, and walk your dog. All this is just too vague and some do not make sense.
Teri
Seriously you are worrying about this right now? The orders CAN’T POSSIBLY cover every angle of every activity and every job. Just work with it dude. So one person asks about his side by side, the next about his razor, the next about his quad, the next about his quad on the side of the road, the next about his skateboard on the road.... Jesus Christ. Some people have real problems.
Cody
Hey man, I say as long as you aren't fishing with 6 feet of someone or in a group of more than 10, you got a strong case for it being ok.
Andrew
No groups if 10 or less anymore.
Amy B
I think outdoor fresh air not group events are encouraged and those are just some examples. It doesn't matter if you rollerblade or jog or fish or bike as long as you are getting fresh air.
Lynne Stroebel
I was wondering about fishing as well, especially if travel is needed to get to a lake.
Jason Bisson
Fishing is legal. They just ask that you observe the 6' radius rule. That is directly from the Michigan DNR.
Heather
Yes you can fish... the DNR posted that you can still fish just stay 6 ft from other people who are fishing
Michael Freeman
Want to know about going fishing
RuntPacket
or boating?
Toni Thomas
Is boating really a necessity for your life right now? They are encouraging people to stay home so unless you have a private lake I would say that’s a no.
Andrew
This is the misconception everyone has about laws. When a law says you can do something, it does not automatically ban all other activities. A prime example is that Michigan does not have a law banning open carry of a firearm; therefore, it is legal to carry a firearm.
People need to change the way they think about government. Go fishing unless they tell you you can’t.
mass killer
correct! or hide in your house until you think it's legal again, or to the people who are too scared, maybe just quit breathing, it might be illegal, just in case...
Evidel
I restore equipment. Is this essential? I was called to go work and I don’t know if I should go.
Daniel Barnett
Good Morning. Thank you for reading my article. If you want to email me more specific information about your job, I will be happy to attempt to help. Please understand, the order is very poorly written, so any advice I give will only be general, and I will not likely be able to say anything with certainty. My email is dbarnett@4grewal.com
Linda Elzinga
My husband is a tax accountant. He meets with clients in our home.
Is the governor going to follow the federal government, and delay the filing AND date to pay?
Delaying the filing date doesn’t help unless there is a delay in payment.
I will look forward to your reply.
Ali Ziehm
Tax deadline for 2019 tax year has been extended to July 15, 2020 per the IRS website: irs.gov
Mary
I am self employed and prepare taxes. Is this considered a financial necessity and am I able to still prepare taxes if I limit my person to person contact?
Laurie
I am also a tax preparer and I am wondering if we are essential also. To my knowledge MI has not extended the deadline yet.
Carrie
I am also a tax preparer and haven't seen anything about MI, or any other state, extending their deadline but I believe it falls under the states following the federal guidelines.
Daniel Barnett
Mary:
Thank you for reading my article. To start off I want to say that my comments are to be taken generally only. This order is very ambiguous and unrefined, and I cannot guarantee what a court or law enforcement agency will do. These are unprecedented times and this is an unprecedented order. So please do not take my comments as anything more than an educated interpretation/guess on the overall implications of the order. Also, no attorney/client relationship is intended from this post.
If I understand what you are asking, the exception you are referring to is Section 8(l), which is the exception for financial services as critical infrastructure workers. I do not think tax preparation would apply, as that is not essential before the end of the order. My understanding is that exception applies to banks, credit unions, etc. Again, this is very poorly worded and vague, so I can't give you a definitive answer, just my best educated guess.
Now, if you work from home and have electronic communication only with you clients, I think that would not be subject to the order, but again, that's my educated guess. Here is a link to Michigan.gov's FAQs in case they update it to address this. Hope this helps.
https://www.michigan.gov/coronavirus/0,9753,7-406-98178_98455-522631--,00.html
Karen
Can we just go and take a long ride within our own car. If we don't get out if our vehicle. .I think this would help people with cabin fever.
Viola mickelson
Befor this all started... My landlords wanted theit house back . hud stopped payment to them mar.3. Made arangments to have everthing to move apr. 28th to new place. The friends and my son need to know if they can still come to move me apr. 28th to new place.my family comming to move me are 3 hrs. Away and have to travel here to get it done. If i cant .move can landlord keep my deposit cause i cant move now because of govs. Shelter in place. It was not an eviction. Just bad timiming now because of what happing.
Charles Burnette
You sound like you lyin.
Kim
Does this include residential and commercial janitorial services??
Daniel Barnett
Good Morning, Kim:
Thank you for reading my article. To start off I want to say that my comments are to be taken generally only. This order is very ambiguous and unrefined, and I cannot guarantee what a court or law enforcement agency will do. These are unprecedented times and this is an unprecedented order. So please do not take my comments as anything more than an educated interpretation/guess on the overall implications of the order.
Having said that, the order states: "No person or entity shall operate a business or conduct operations that require workers to leave their homes or places of residence except to the extent that those workers are necessary to sustain or protect life or to conduct minimum basic operations." This lists two exceptions, to sustain or protect life or to conduct minimum basic operations. I don't see residential and commercial janitorial services falling into necessary to sustain or protect life. As far as the "necessary to conduct minimum basic operations," the order defines that as: "For purposes of this order, workers who are necessary to conduct minimum basic operations are those whose in-person presence is strictly necessary to allow the business or operation to maintain the value of inventory and equipment, care for animals, ensure security, process transactions (including payroll and employee benefits), or facilitate the ability of other workers to work remotely."
UPDATE: Another exception that may be possible is workers "who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences. Information pertaining to this can be found at Michigan.gov/coronavirus. Again, please understand this is only general advice, and I do not know what a court or law enforcement officer would do. I hope this helps.
Denise
How about taking care of your elderly mother and doing chores as as I have animals that are 3 miles away
Daniel Barnett
Good Morning, Denise:
Thank you for reading my article. Section 7(a)(8) of the order states that you are able to travel: (8) To care for minors, dependents, the elderly, persons with disabilities, or other vulnerable persons. Section 7(a)(7) allows you "to care for a family member or a family member’s pet in another household." Section 7(b)(3) allows you to travel between two of your residences in the state. Please understand these are general answers only, and I do now know what a court or law enforcement officer would do, as the order is very ambiguous. Thank you,
Teri
OMG! Do you people read!!
Diana
So I'm suppose to pick up my last paycheck from my employer they do not offer direct deposit so is this considered an okay thing to do??
Carl
I will not comply.
Kathleen
That is most just plain dumb comment ever. Do you believe you cannot get it? Or take it to family. You are a danger to yourself and others.
Stephanie
It’s no worse than the flu! Hmmm taking away BASIC liberties? Everyone has the right to provide for their family! If you don’t want to get sick stay home! Quarantine those who want to be quarantined. Leave the rest of us and our liberties alone!!! 12000-60000 people die of the Flu per Year! That’s just in the US!! 140,000 to 810,000 cases needing hospitalizations per year!!! 4,000,000- 9,000,000 come down with the flu per year!! This is rediculous to shut down our ability to provide for our families and destroy the economy. Are we going to shut down now every winter?
mass killer
https://twitter.com/rmayemsinger/status/1246531751775580161
Scott
Does this sound like Freedom ? Liberty ? Individual Sovereignty ?? Nope, it’s a police state.... is our governor a communist dictator ?? Yep, she sure is.... or thinks she is. This whole situation has nothing to with a virus. It has all to go with destroying a great nations economy and is simply an attack on Donald Trump via the people. This order is a disgusting violation of the people’s Rights and Liberties. The Democratic Party NAZI’s are very dangerous people. Willing to destroy our nation to gain and maintain power. The whole thing is disgusting and dangerous.
alex
Sorry, I couldn't stop shaking my head after reading this ignorant post.
You can do what you want, but not at the expense of the health of the rest of us.
Stop acting so selfish.
Thank you.
Rob Huckfeldt
Don't forget to 'Sieg Heil' salute when asked for your travel papers.
alex
I feel sorry for you.
Phil
Scott, I somewhat agree with you, while I dont believe we are in a police state......yet, I do believe this was something the media grabbed a hold of during sweeps month, and it got away from them. Now other countries are seeing us go into an outright panic and thinking maybe theres something to this, and the democrats after a failed impeachment attempt to remove Trump, jumped on the band wagon and are using this to destroy the economy and in turn hopefully (they not me) destroy Trumps chance of reelection. A lot of thinking people are starting to question if the economic damage this is causing is justified over a few thousand lives (not that every life isnt valuable.) As spock said in star trek 2, sometimes the needs of the many outweigh the needs of the few (or the one)
alex
Yes, just a few thousand lives.
I wonder if you would put such a low value on those lives if they were you or one of your family?
Ron
The Dems say that pregnancy is a disease...should we close all abortion clinics
Farmer
Thoroughly agree with you Scott. Let's see how things pan out in the next elections for mayors and governors. My guess is the demonrat voters have been drinking the koolaid for so long that they are brain dead. A lot like Alex.
Frank
This order by the gov is very poorly written. You can still do all your normal outdoor activities as long as you are not participating in a public gathering.
Alicia
How is a stay at home order going to work while most everything is still open? Around grand rapids, everything that was open before is still open. Hmmm. I think it is a joke. If things are going to get better. Everyone except, medical and emergency crews should be AT HOME. Millions are still going to be affected at this rate. At most grocery stores with limited people in rhe store at a time. This would give workers time to wash their hands between customers.
Loella
I have been thinking the same thing. They have things open so they can support emergency workers and food industry but auot repair etc could be done by appt for specific personnel and food shopping should be by designation of a specific day sorted by first letter of our last name or something. People are running in and out of markets daily and sometimes several times a day and think its ok because they need food. Its ridiculous
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