On April 9, 2020, Governor Whitmer extended her “Stay Home, Stay Safe” mandate through April 30, 2020. The April 9 Order (Executive Order 2020-42) replaces Governor Whitmer’s March 23, 2020 Order, and takes effect at 11:59 p.m. on April 9, 2020.
Significantly, Executive Order 2020-42, when defining what operations constitute “critical infrastructure” for purposes of the Order, refers to the same March 19, 2020 guidance issued by the Director of the U.S. Cybersecurity and Infrastructure Security Agency (the “March 19, 2020 CISA Memo”) as referenced in the original Stay Home, Stay Safe Order. On March 28th, CISA revised this guidance to add several activities to “critical infrastructure,” such as personal vehicle manufacturing and personal bicycle repair and maintenance. Executive Order 2020-42 specifically states that it “does not adopt any subsequent guidance document released by [CISA],” indicating that Governor Whitmer is again rejecting any broadening of the “critical infrastructure” definition.
Other notable provisions of Executive Order 2020-42 include the following:
- Requirements and restrictions specific to retail stores remaining open pursuant to the Order, including limitations on the number of customers in stores, requirements that stores remove access to certain classes of goods (carpets or flooring, furniture, garden centers and plant nurseries, and paint), restrictions on what goods may be advertised after April 13, 2020, and requirements that the stores create at least two hours per week of dedicated shopping time “for vulnerable populations,” as defined in the Order.
- A prohibition on residents traveling between residences after April 10, 2020.
- A requirement that businesses continuing to operate develop a COVID-19 preparedness and response plan and make such plan available at company headquarters or the worksite.
Executive Order 2020-42 can be found here: https://content.govdelivery.com/attachments/MIEOG/2020/04/09/file_attachments/1423850/EO%202020-42.pdf. We expect state and local officials to continue aggressive enforcement of the “Stay Home, Stay Safe” mandate. If you have questions regarding how Executive Order 2020-42 affects your business and/or activities, need assistance creating a COVID-19 preparedness plan, and/or need assistance ensuring your compliance with the Order, please contact your Mika Meyers attorney, Nikole Canute 616-632-8049/moc.sreyemakim@etunacn), Nate Wolf 616-632-8046)/moc.sreyemakim@flown), or Scott Dwyer 616-632-8033/moc.sreyemakim@reywds).