No Mask, No Service

Governor Gretchen Whitmer

Governor Gretchen Whitmer signed Executive Order 2020-147, which reiterates that individuals are required to wear a face covering whenever they are in an indoor public space. It also requires the use of face coverings in crowded outdoor spaces. Most significantly, the order requires any business that is open to the public to refuse entry or service to people who refuse to wear a face covering, with limited exceptions. Governors in the states of Kansas, Maine, Nevada, Pennsylvania, and Washington have imposed similar requirements on businesses.

While the death count has been flattened and steady, Governor Whitmer signed this executive order in response to rising COVID-19 cases in Michigan and across the country. Executive Order 2020-147 reinforces and expands upon the governor’s previous executive orders on safely restarting Michigan’s economy and ensuring workplace safety.

“The heroes on the front lines of this crisis have gone hours without taking their masks off every day – doctors, nurses, child care workers, grocery store workers. We owe it to them to wear our masks when we’re on a trip to the grocery store or pharmacy,” said Governor Whitmer. “Masks can reduce the chance of spreading COVID-19 by about 70 percent. By wearing masks, we can save lives and protect our family, friends, and neighbors from the spread of COVID-19. And by wearing masks now, we can put our state in a stronger position so our kids can return to school safely in the fall. For the sake of your loved ones, let’s all mask up, Michigan.”

Over the past week, testing has increased and every region in Michigan has seen an uptick in new cases; and daily case counts now exceed 20 cases per million in the Grand Rapids, Detroit, and Lansing regions. Studies have shown that wearing a mask can save lives and significantly lower an individual’s chance of spreading COVID-19. A study on different regions in Germany, for example, suggests that the adoption of mandatory mask ordinances decreased the daily growth rate of COVID-19 infections by 40%. Current modeling from the University of Washington similarly indicates that more than 40,000 lives would be spared nationwide if 95% of the population wore a mask while in public. Furthermore, a study conducted by Goldman Sachs concluded that a federal mask mandate could save the U.S. economy from taking a 5% hit to our GDP.

“Michigan’s fight against COVID-19 is nowhere near over, which is why it’s so important that we all do our part and wear masks when we’re out in public,” said Chief Medical Executive and DHHS Chief Deputy for Health Dr. Joneigh Khaldun. “Wearing a mask or face covering can significantly decrease the chance of spreading COVID-19 and save lives. It’s important that all Michiganders wear masks properly – not down around the neck, not only over the mouth, but correctly over the mouth and nose. Please everyone stay patient, and remain vigilant.”

Under the New Executive Order 2020-147

Any individual who leaves their home or place of residence must wear a face covering over their nose and mouth:

• When in any indoor public space;
• When outdoors and unable to consistently maintain a distance of six feet or more from individuals who are not members of their household; and
• When waiting for or riding on public transportation, while in a taxi or ride- sharing vehicle, or when using a private car service as a means of hired transportation.

The requirement to wear a face covering does not apply to individuals who:

• Are younger than five years old, though children two years old and older are strongly encouraged to wear a face covering, pursuant to guidance from the Centers for Disease Control and Prevention (CDC);
• Cannot medically tolerate a face covering;
• Are eating or drinking while seated at a food service establishment;
• Are exercising when wearing a face covering would interfere in the activity;
• Are receiving a service for which temporary removal of the face covering is necessary to perform the service;
• Are entering a business or are receiving a service and are asked to temporarily remove a face covering for identification purposes;
• Are communicating with someone who is hearing impaired or otherwise disabled and where the ability to see the mouth is essential to communication;
• Are actively engaged in a public safety role, including but not limited to law enforcement, firefighters, or emergency medical personnel;
• Are officiating at a religious service; or
• Are giving a speech for broadcast or an audience.

For workers, shoppers, and the community, no business that is open to the public may provide service to a customer or allow a customer to enter its premises, unless the customer is wearing a face covering as required by this order.

• Businesses that are open to the public must post signs at entrance(s) instructing customers of their legal obligation to wear a face covering while inside. The Michigan Department of Labor and Economic Opportunity may, in its discretion, require such businesses to post signs developed and made available by the Department, or conforming to requirements established by the Department.
• A department or agency that learns that a licensee is in violation of this section will consider whether the public health, safety or welfare requires summary, temporary suspension of the business’s license to operate (including but not limited to a liquor license) under section 92 of the Administrative Procedures Act of 1969, 1969 PA 306, as amended, MCL 24.292(2).
• For purposes of this order, neither child care centers nor day, residential, travel, or troop camps, as defined by Rule 400.11101 of the Michigan Administrative Code, are considered public spaces.
• The protections against discrimination in the Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq., and any other protections against discrimination in Michigan law, apply in full force to individuals who wear a face covering under this order.
• Nothing in this order shall be taken to abridge protections guaranteed by the state or federal constitution under these emergency circumstances, and no individual is subject to penalty under section 8 of this order for removing a mask while engaging in religious worship at a house of religious worship. Consistent with guidance from the CDC, congregants are strongly encouraged to wear face coverings during religious services.
• As to individuals, this order takes effect immediately. As to businesses, this order will take effect at 12:01 a.m. on Monday, July 13.
• Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor, but no term of confinement may be imposed for a violation of section 1 of this order.