Gov. Gretchen Whitmer
Temporary prohibition on large assemblages and events,
temporary school closures
Rescission of Executive Order 2020-5
The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. It is caused by a new strain of coronavirus not previously identified in humans and easily spread from person to person. There is currently no approved vaccine or antiviral treatment for this disease.
On March 10, 2020, the Michigan Department of Health and Human Services identified the first two presumptive-positive cases of COVID-19 in Michigan. On that same day, I issued Executive Order 2020-4. This order declared a state of emergency across the state of Michigan under section 1 of article 5 of the Michigan Constitution of 1963, the Emergency Management Act, 1976 PA 390, as amended, MCL 30.401-.421, and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended, MCL 10.31-.33.
The Emergency Management Act vests the governor with broad powers and duties to “cop[e] with dangers to this state or the people of this state presented by a disaster or emergency,” which the governor may implement through “executive orders, proclamations, and directives having the force and effect of law.” MCL 30.403(1)-(2). Similarly, the Emergency Powers of the Governor Act of 1945, provides that, after declaring a state of emergency, “the governor may promulgate reasonable orders, rules, and regulations as he or she considers necessary to protect life and property or to bring the emergency situation within the affected area under control.” MCL 10.31(1).
To mitigate the spread of COVID-19 and to provide essential protections to vulnerable Michiganders and this state’s health care system and other critical infrastructure, it is reasonable and necessary to impose limited and temporary restrictions on large events and assemblages of people.
Executive Order 2020-5 imposed such restrictions. This order changes the temporary restrictions imposed on events and assemblages by Executive Order 2020-5, in light of the most recent guidance from the Centers for Disease Control and Prevention. This order does not change the scope of temporary restrictions imposed by Executive Order 2020-5 as to the closure of elementary school buildings and secondary school buildings. When the new restrictions set forth in this order take effect, Executive Order 2020-5 is rescinded.
While this order continues to permit certain assemblages and events, these assemblages and events should only occur as necessary and in adherence with the measures needed to mitigate the potential transmission of COVID-19, including social distancing, proper hand hygiene and respiratory etiquette, and using electronic communication platforms in lieu of in-person interaction as feasible.
Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:
The prohibition set forth in this section does not abridge protections guaranteed by the state or federal constitution under these emergency circumstances.
Given under my hand and the Great Seal of the State of Michigan.