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Executive Order 2020-160 FAQs (No longer effective)

Executive Order 2020-160
Amended Safe Start Order - Rescission of Executive Orders 2020-110, 2020-115, 2020-120, 2020-133, and 2020-143


Q: How is “indoors” defined for the purposes of Executive Order 2020-160?


A: As used in the order, “indoors” means within a space enclosed on fully or partially on the top and fully or partially on the sides.  Indoor spaces therefore include most buildings (including barns and garages), vehicles (including tour or party busses), and temporary structures (including tents or canopies with side walls or coverings).


Q: Do the limitations on the number of people at indoor gatherings or events apply to voting activities (e.g., at school cafeterias that are used as polling places or to count ballots)?

A: No. The gathering and event limitations in Executive Order 2020-160 do not apply to voters coming together to cast their individual vote or to poll workers coming together, as necessary, to count votes. Polling places should take steps, however, to enable voters and poll workers to remain six feet from one another at all times.


Q: What is a "social gathering" or "organized event"?

A: A social gathering or organized event is one that brings together persons from multiple households at the same time for a discrete, shared or group experience in a single room, space, or place such as a private home, park, auditorium, stadium, arena, conference room, meeting hall, or other indoor or outdoor space.

These limitations on group size do not generally apply to preK-12 schools or day or summer camps, whose rules regarding regular attendance and participation are instead governed by Executive Order 2020-142 on public education and guidance issued by the Department of Licensing and Regulatory Affairs.  These limitations do apply, however, to organized events that may occur in such settings, such as assemblies.


Q: What are the guest limits for weddings, receptions, or other social events held at a restaurant/banquet hall? 

A: These events are subject to the limitations of Executive Order 2020-160.  Accordingly, if the event is outdoors and among people not part of the same household, it may not exceed 100 people if in regions 1,2,3,4,5, and 7; and 250 people if in regions 6 and 8. If the event is indoors and among people not part of the same household, it may not exceed 10 people.  In all cases, people not part of the same household must maintain six feet of distance from one another during the event.

The separate capacity limits applicable to restaurants, food courts, cafes, coffeehouses, bars, taverns, brew pubs, breweries, microbreweries, distilleries, wineries, tasting rooms, special licensees, clubs, and like places do not allow for larger social gatherings or events to take place by reason of the fact that they are held at such venues. A central risk of a large social gathering or event is that the people who have congregated for that gathering or event will interact with one another over a long period of time. That same level of risk is not present among people who happen to be in the same establishment and are seated at different tables.


Q: Are funerals allowed under Executive Order 2020-160?

A: Yes. Under the order people may leave their home to attend a funeral, provided that no more than 10 people are in attendance, this applies to all indoor funeral-related activities. Any outdoor funeral-related activities are permitted so long as people maintain six feet of distance from one another and the assemblage consists of no more than 100 people if in regions 1,2,3,4,5, and 7; and no more than 250 people if in regions 6 and 8.


Q: Does Executive Order 2020-160 prohibit persons from engaging in outdoor activities that are protected by the First Amendment to the United States Constitution? 

A: No. Persons may engage in expressive activities protected by the First Amendment within the State of Michigan, but must adhere to social distancing measures recommended by the Centers for Disease Control and Prevention, including remaining at least six feet from people from outside the person’s household. 


Q: Does Executive Order 2020-160 restrict the exercise of tribal treaty rights?

 A: No. Executive Order 2020-160 does not restrict activities by tribal members to exercise their federal treaty rights within the boundaries of their treaty territory (also known as “ceded territory”). These activities may be subject to restrictions imposed by tribal authorities.


Q. For purposes of calculating gross receipts, can food-service establishments count payments they receive from people playing the lottery?

A. Generally, no. Money received from customers in connection with the lottery is held in trust for the Lottery Commission and as such does not count as part of an establishment's gross receipts. Retailers may, however, count any commissions and incentive bonuses from the Lottery Commission as gross receipts.


Q: Are amusement parks, including waterparks, subject to the restrictions on public accommodations in Executive Order 2020-160?

A: Yes. Amusement parks, including waterparks, are subject to section 4(e) of this order. Waterparks and amusement parks are closed to ingress, egress, occupancy or use.