Member Article

Executive Order No. 2020-147 sets forth new face covering requirements for all individuals in Michigan as well as new requirements for any business open to the public.

When is face covering required under Executive Order No. 2020-147?

Effective immediately, any individual who leaves their home or place of residencemustwear a face covering over their nose and mouth in the following circumstances:

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

The Executive Order contains several exemptions from these requirements, including children under the age of five and those who cannot medically tolerate a face covering. Other exemptions are also included in the Order and can be found in Sections 2 and 6.

What are businesses now required to do with respect to masks under the new Executive Order?

Unlike prior Executive Orders, this Order provides that no business that is open to the public may provide service or allow a customer to enter the business’s premises unless that customer is wearing a face covering. In short, as said in the Order, “no shirts, no shoes, no mask—no service.” Businesses must also now post signs at their entrances instructing customers of their legal obligation to wear a face covering while inside. The Michigan Department of Labor and Economic Opportunity may require such businesses to post signs developed and made available by the Department (or those that conform to such signs). Businesses should be sure to consult the Department’s website for any future guidance on this point.

What are the potential penalties for failing to comply?

A willful violation of the Order remains a misdemeanor, but the Order also provides that a business that fails to comply with the requirements of the Order may face temporary suspension of its business license to operate (including but not limited to a liquor license). The Executive Order is effective Monday, July 13, 2020, for businesses.

The Order also states that no term of confinement may be imposed on individuals who fail to wear a face covering as required under Section 1 of the Order; but any such person may still be subject to a $500 criminal penalty.

Does this Executive Order replace Executive Order No. 2020-145?

No. Executive Order No. 2020-147 contains an additional requirement on businesses—it does not replace the requirements otherwise imposed on businesses for workplace safety.

For more information about Executive Order No. 2020-147, please contact Courtney Kissel (248-203-0743 or [email protected]) orJason Hanselman (517-374-9181 or [email protected]).

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