On June 1, 2020, Governor Gretchen Whitmer issued new Executive Order 2020-110 (Reopen Order), which rescinded the Stay Home, Stay Safe Executive Orders 2020-69 and 2020-96. The Reopen Order takes effect immediately, though certain changes do not take effect until 12:01 a.m. on June 4, 2020, and 12:01 a.m. on June 8, 2020.
The Reopen Order moves all of Michigan to Stage 4 of the Michigan Safe Start Plan. The transition to Stage 4 means that residents of Michigan are no longer required to stay home by executive order, and unless specifically required to remain closed, as noted below, businesses may reopen subject to the capacity constraints and workplace standards described in Executive Order 2020‑97. The Reopen Order does state that any work capable of being performed remotely must be performed remotely. Certain businesses are to remain closed and specific activities that present a heightened risk of infection remain prohibited.
Businesses and Activities to Remain Closed
Under the Reopen Order, except as noted below, the following places are to remain closed to ingress, egress, use and occupancy by members of the public:
The following places are not included in the above restrictions:
In addition, employees, contractors, vendors or suppliers may enter, use or occupy the places described above solely in their professional capacity.
Restaurants and Bars
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:
Food courts inside the secured zones of airports are not subject to the above restrictions.
Resumption of Retail Activity
At 12:01 a.m. on June 4, 2020, retailers may resume normal operations, subject to local regulation and to the capacity constraints and workplace standards described in Executive Order 2020‑97.
Permitted Social Gatherings
Indoor social gatherings and events among persons not part of a single household of 10 or less people are permitted.
Outdoor social gatherings and events among persons not part of a single household are permitted, but only to the extent that:
Outdoor Parks and Recreational Facilities
Unless otherwise prohibited by local regulation, outdoor parks and recreational facilities may open, provided that they make any reasonable modifications necessary to enable employees and patrons not part of the same household to maintain six feet of distance from one another, and provided that areas in which social distancing cannot be maintained be closed, subject to guidance issued by the Department of Health and Human Services.
Other Activities to Resume June 8
Unless otherwise prohibited by local regulation, public swimming pools may open as of June 8, 2020, if the pool is outdoors. The pool must be limited to 50% of the bather capacity and remains subject to guidance issued by the Department of Health and Human Services.
Day camps for children may open as of June 8, 2020, subject to guidance issued by the Department of Licensing and Regulatory Affairs. Residential, travel and troop camps must remain closed for the time being.
As of June 8, 2020, libraries and museums may open subject to the capacity constraints and standards for retailers described in Executive Order 2020‑97.
Restrictions on Individuals that Leave Home
Individuals who leave their homes or places of residence must:
Warner has organized a cross-disciplinary legal team to help answer questions regarding the stay-at-home orders. If you have any questions or concerns related to the Reopen Order, or any previously issued stay-at-home order, please reach out to your Warner client manager or Michael Brady, Troy Cumings, Amanda Fielder, Matthew Johnson or Linda Paullin-Hebden.
