Legislative Update 3-5-21

State loosens restrictions on public gatherings; MAC gets detailed response on effects for county board meetings

Gov. Gretchen Whitmer announced further loosening of state restrictions on public and economic activity due to the COVID pandemic during a Tuesday afternoon press conference.

The orders come from the Michigan Department of Health and Human Services via its responsibilities under the Public Health Code.

“While we continue to have virus very present across the entire state, our improvements in case numbers, test positivity, and vaccinations mean we can move forward with reopening in an incremental way,” said Dr. Joneigh Khaldun, MDHHS chief medical executive and chief deputy for health. “I am glad we continue to make progress, but that progress is fragile. Everyone should continue to do important things like wearing a mask, washing hands, avoiding large gatherings and getting one of the three safe and effective vaccines when it becomes available to you.”

The changes, which take effect today and run through April 19, include: 

• Indoor gatherings involving people from different households are allowed to have up to 25 people. (*See note below.)
• Restaurants and bars may have 50% indoor dining capacity, up to 100 people. Tables must still be six feet apart, with a max of six people at a table. A curfew on indoor dining is still in effect, but this order bumps it back from 10 p.m. to 11 p.m. 
• Retail shops are allowed to operate at 50% indoor capacity, up from 30%. 
• Indoor private residential gatherings are capped at 15 people from three separate households. Outdoor residential gatherings are allowed to have up to 50 people. 
• Outdoor gatherings can resume with up to 300 people. 

*MAC asked the Governor’s Office if public meetings or board meetings are permitted under this order?

MAC was told: “Yes, up to 25 board members may gather for a meeting. Under Public Act 254 of 2020, public meetings may be conducted virtually for any reason through March 31, 2021.

“The public may also attend the meeting in person subject to all applicable masking and distancing requirements. For public attendance to be permitted beyond 25 persons, the event must be designed to ensure that every person can avoid mingling or engaging in physical contact with persons from outside their household. For example, a reception larger than 25 persons would not be permitted indoors. All meetings covered by the Open Meetings Act – whether conducted virtually or in person – must also comply with Public Act 254 of 2020.”

With that in mind, MAC continues to advise counties to rely on virtual-only or hybrid virtual and in-person meetings to both comply with OMA and adhere to MDHHS orders and MIOSHA rules.

In related COVID news, Crain’s Detroit reported this week that MIOSHA, the state agency that oversees workplace safety and practices, is “very likely” to extend the ban on in-person office work beyond the current expiration date of April 14.

On the vaccination front, the state has updated its access calendar and announced that Michigan residents between the ages of 50 and 64 will be eligible for shots this month.

With all residents at skilled nursing homes having been offered their first dose of COVID-19 vaccine and a vast majority having had their second dose, the Residential Care Facilities Order goes into effect immediately. The order encourages communal dining and group activities for residents and allows indoor and outdoor visitation in all counties regardless of county risk level. Visitation is allowed as long as the facility has not had a new COVID-19 case in the last 14 days and all indoor visitors ages 13 and older are subject to rapid antigen testing.

As always, for the latest county-related news on COVID-19, visit MAC’s Resources Page.