Governor Gretchen Whitmer issued her third “Stay Home, Stay Safe” Executive Order 2020-59, extending it until May 15th.

Executive Order 2020-21 (first “Stay Home, Stay Safe” order) required businesses to suspend operations if workers had to leave their homes in order to do their jobs, and required individuals to stay at home other than to “sustain or protect life.” The general exceptions were for workers who were necessary for businesses to conduct “minimum basic operations,” and those who are deemed “critical infrastructure workers.”

Executive Order 2020-42 (second “Stay Home, Stay Safe” order) expanded restrictions on those businesses remaining open, such as grocery stores, and restricted travel within the state.

Executive Order 2020-59 (third “Stay Home, Stay Safe” order) allows for certain business and recreational activities to be resumed, so long as they are performed with certain conditions:

Business activities that may resume under the Executive Order:

  • Processing and fulfilling remote orders for “non-essential” goods, as long as the products are picked up at curbside or delivered;
  • Reopening of areas of certain stores that were closed by Executive Order 2020-42;
  • Performing bicycle repair;
  • Landscaping and gardening;
  • Maintenance of outdoor recreation areas; and
  • Moving and storage operations.

Businesses reopening or remaining open must adhere to the following specifications:

  • Prohibit gatherings of any size in which people cannot remain six feet apart from one another;
  • Limit in-person interaction with customers as much as possible, and barring intersections in which people cannot remain six feet apart from one another;
  • Provide employees personal protective equipment that is appropriate for the activity being conducted; and
  • Share tools and equipment that are required for the activity as infrequently as possible and sanitize the tools and equipment as frequently as possible.​

Other changes to Michigan’s “Stay Home, Stay Safe” order include:

  • Requiring individuals to wear face coverings when in enclosed public spaces;
  • Allowing additional recreational activities to resume, so long as individuals remain at least six feet apart from one another;
  • Requiring businesses whose workers are performing in-person work to provide non-medical grade face coverings to their workers; and
  • Allowing individuals to travel between two residences in Michigan, but not travel to a vacation rental.

Rhoades McKee is continually monitoring legal developments related to COVID-19 and will keep you updated. In the meantime, should you have any questions about this Executive Order or other issues, please do not hesitate to contact a member of the Rhoades McKee COVID-19 Legal Response Team.

More Publications