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Reopening Michigan: the MI Safe Start Plan 6/3/20

Overview

On June 1, the Governor announced the rescission of her “Safer at Home” order, moving the entire state to phase four of the MI Safe Start Plan. This follows the first phase of reopening by retail businesses, restaurants, and bars in the northern Lower Peninsula and Upper Peninsula on May 22 (regions 6 & 8).

The Governor’s new Executive Order 2020-110 will allow retailers statewide to reopen on June 4 and restaurants statewide to reopen on June 8, both subject to capacity limits. While these changes are not new for northern Michigan, day camps for children will likewise be permitted to open on June 8. Effective immediately, groups of 100 or less will be allowed to gather outdoors with social distancing. Office work that is not capable of being performed remotely can resume. In-home services, including housecleaning services, can also resume operations.

Highlights

Safety

  • Section 3: Any business or operation that requires its employees to leave their home or place of residence for work is subject to the rules on workplace safeguards in Executive Order 2020-97 or any order that may follow from it.
    • Executive Order 2020-97 contains the safety precautions businesses must follow. Under the order, businesses that resume in-person work must, among other things, develop a COVID-19 preparedness and response plan and make it available to employees and customers by June 1 or within two weeks of resuming in-person activities, whichever is later. They must also, among other things, provide COVID-19 training to workers that covers, at a minimum, workplace infection-control practices, the proper use of PPE, steps workers must take to notify the business or operation of any symptoms of COVID-19 or a suspected or confirmed diagnosis of COVID-19, and how to report unsafe working conditions. Screening, social distancing, prevention, and cleaning requirements for all businesses are detailed in the order. Industries then have special requirements that must be followed in addition to these requirements.
  • Any individual who leaves his or her home or place of residence must: […] (b) Wear a face covering over his or her 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.
  • Section 4(2): Businesses and building owners […] are permitted to deny entry or access to any individual who refuses to comply with the rule in this subsection (b) [face covering requirement included above]. 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 comply with this subsection (b).

Gatherings

  • Section 5: Indoor social gatherings and events among persons not part of a single household are permitted, but may not exceed 10 people.
  • Section 6: Outdoor social gatherings and events among persons not part of a single household are permitted, but only to the extent that: (a) The gathering or event does not exceed 100 people […]

Allowable Business Activity

  • Section 11: Stores that were closed under Executive Order 2020-96 (or that were open only by appointment under the same order) must remain closed to the public (or open only by appointment) until June 4 at 12:01 am. Such stores may then resume normal
    operations, subject to local regulation and to the capacity constraints and workplace standards described in Executive Order 2020-97 or any order that may follow from it.
  • Section 13: 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:

    • (a) 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. […]
    • (c) In Regions 6 and 8, for outdoor and indoor seating, subject to the capacity constraints and workplace standards described in Executive Order 2020-97 or any order that may follow from it. [Exceptions to restrictions listed in section 14.] 

Prohibited Business Activity

  • Section 2: Any work that is capable of being performed remotely (i.e., without the worker leaving his or her home or place of residence) must be performed remotely.
  • Section 12: Subject to the exceptions in section 14, the following places are closed to ingress, egress, use, and occupancy by members of the public:
    • (a) Indoor theaters, cinemas, and performance venues.
    • (b) Indoor gymnasiums, fitness centers, recreation centers, sports facilities, exercise facilities, exercise studios, and the like.
    • (c) 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.
    • (d) 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.
    • (e) 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. [Exceptions to restrictions listed in section 14.] 

Travel, Short-Term Rentals, Hotels, & Campgrounds

  • Executive Order 2020-110 rescinds Executive Order 2020-96, which included a ban on leisure travel. There is no language in 2020-110 that prohibits leisure travel.
  • There is no language in this new executive order that specifies an individual must be an essential employee to stay at a lodging property.
  • There is no language that prohibits campgrounds from opening or booking a short term rental property.
  • Outdoor recreational facilities may open (section 7), subject to social distancing requirements. Note the continued closure of Indoor theaters, cinemas, performance venues, and others (section 12).

Additional Resources

 

The contents of this web page are made available to you for informational purposes only and should not be construed as legal, financial, or medical advice on any matter. This material may not reflect the most current COVID-19 developments and is subject to revision. In no event will Traverse Connect be liable for any decisions made or action taken in relation upon the information provided through this document.