333 SOUTH GRAND AVENUE
•
PO BOX 30195
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LANSING, MICHIGAN 48909
www.michigan.gov/mdhhs • 517-241-3740
S
TATE OF
M
ICHIGAN
DEPARTMENT OF HEALTH AND HUMAN SERVICES
L
ANSING
Emergency Order Under MCL 333.2253 – Gathering Prohibition and Mask Order
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 for this disease. On March 10, 2020, the Michigan
Department of Health and Human Services (“MDHHS”) identified the first two presumptive-positive
cases of COVID-19 in Michigan. Throughout the pandemic, Michigan has used a range of public health
tools and guidance to contain the spread of COVID-19 and protect the public health, including via the
Governor’s authority under the Emergency Management Act and the Emergency Powers of Governor Act.
On Friday, October 2, 2020, the Michigan Supreme Court concluded that the Governor was not
authorized by law to issue executive orders addressing COVID-19 after April 30, 2020, invalidating the
executive orders on that topic.
Michigan was one of the states most heavily impacted by COVID-19 early in the pandemic, with new
cases peaking at nearly 2,000 per day in late March. Strict preventative measures and the cooperation of
Michiganders drove those numbers down dramatically, greatly reducing the loss of life. Although fewer
than 100 new cases per day were reported in mid-June, cases have increased since that time, and recently
nearly 1,000 new cases have been reported per day. To protect vulnerable individuals, ensure the health
care system can provide care for all health issues, and keep schools open as we head into the influenza
season, we must not permit the spread of COVID-19 to increase. This necessitates continued use of
mitigation techniques to restrict gatherings and require procedures in order to reduce the spread of the
virus. In the absence of the Governor’s emergency orders, it is necessary to issue orders under the Public
Health Code addressing these topics.
Michigan law imposes on MDHHS a duty to continually and diligently endeavor to “prevent disease,
prolong life, and promote public health,” and gives the Department “general supervision of the interests of
health and life of people of this state.” MCL 333.2221. In recognition of the severe, widespread harm
caused by epidemics, MDHHS has special powers, dating back a century, to address threats to the public
health like that posed by COVID-19. MCL 333.2253 (“If the director determines that control of an
epidemic is necessary to protect the public health, the director by emergency order may prohibit the
gathering of people for any purpose and may establish procedures to be followed during the epidemic to
insure continuation of essential public health services and enforcement of health laws. Emergency
procedures shall not be limited to this code.”). See also In re Certified Questions (opinion of Viviano, J.,
concurring, at 20) (“the 1919 law passed in the wake of the influenza epidemic and Governor Sleeper’s
actions is still the law, albeit in slightly modified form”); see also McCormack, C.J., dissenting, at 12.
Considering the above, and upon the advice of scientific and medical experts employed by MDHHS, I have
concluded pursuant to MCL 333.2253 that the COVID-19 pandemic continues to constitute an epidemic in
Michigan. I further conclude that control of the epidemic is necessary to protect the public health and that
it is necessary to establish procedures to be followed during the epidemic to ensure the continuation of
essential public health services and enforcement of health laws. As provided in MCL 333.2253, these
emergency procedures are not limited to the Public Health Code.
I therefore order that:
DIRECTOR
GOVERNOR