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New “Stay Home, Stay Safe” Executive Order 2020-42 in Effect Through April 30, 2020

By Rebekah Page-Gourley posted 04-09-2020 16:26


Governor Whitmer has issued a new "Stay Home, Stay Safe" Executive Order 2020-42, which takes effect tonight and remains in effect until April 30, 2020. The order rescinds the previous “Stay Home, Stay Safe” Executive Order 2020-21, though it clarifies that all references to EO 2020-21 in other orders, rules, or authorities should be taken to refer to the new order. Among other things, the new order does the following:

  • Limits gatherings and travel and, like the previous rule, requires all workers who are not necessary to sustain or protect life to stay home.
  • Adds “[d]eveloping a COVID-19 preparedness and response plan” to the list of social distancing measures required for businesses, operations, and agencies continuing in-person work.
  • Adds new types of critical infrastructure workers, including "[w]orkers at retail stores who sell groceries, medical supplies, and products necessary to maintain the safety, sanitation, and basic operation of residences, including convenience stores, pet supply stores, auto supplies and repair stores, hardware and home maintenance stores, and home appliance retailers" and certain workers at laundromats, hotels/motels, and car dealerships.
  • Includes more stringent limitations on stores to reduce foot traffic to slow down the spread of COVID-19, including the following:
    • requiring stores to establish lines to regulate entry
    • encouraging stores to offer curbside pickup
    • requiring stores smaller than 50,000 square feet to limit occupancy to 25 percent of the state or local limits
    • requiring stores larger than 50,000 square feet to limit customers to no more than 4 per 1,000 square feet of customer floor space and close off certain areas of the store, including those dedicated to carpet/flooring, furniture, gardening, and paint
    • requiring that by April 13, 2020, stores “refrain from the advertising or promotion of goods that are not groceries, medical supplies, or items that are necessary to maintain the safety, sanitation, and basic operation of residences”
    • requiring stores to “[c]reate at least two hours per week of dedicated shopping time for vulnerable populations, which for purposes of this order are people over 60, pregnant women, and those with chronic conditions like heart disease, diabetes, and lung disease”
  • Allows automobile dealerships to be open for remote sales to allow for critical infrastructure workers to travel to work.
  • Prohibits all public and private gatherings (with limited exceptions, including allowing gatherings of 10 or fewer people for a funeral) and advises people to limit the number of household members shopping for groceries.
  • Allows the same outdoor physical activity for exercise as the previous order (running, biking, etc.).
  • Prohibits travel to or advertising of vacation rentals.
  • Prohibits travel between two residences in the state after April 10, 2020.
  • Like the previous order, allows travel “[a]s required by law enforcement or a court order, including the transportation of children pursuant to a custody agreement.”