Unlike Whitmer's orders, the health director's order relies on an epidemic control statute authorizing him to "prohibit the gathering of people for any purpose & establish procedures... to insure continuation of essential public health services & enforcement of health laws."
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Here's the epidemic control statute: http://www.legislature.mi.gov/(S(wl5seqfuexah0mkxofsac4ml))/mileg.aspx?page=GetObject&objectname=mcl-333-2253 …
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The health director's order also points to the department's (state) constitutional mandate to “prevent disease, prolong life, and promote public health,” and statutory authority over “general supervision of the interests of health and life of people of this state.”
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The health director's order is focused on gatherings. E.g., the mask requirement applies to gatherings, including in businesses, but doesn't state whether it applies to, e.g., shoppers in a store. This appears to be because the statutory authority is specific to gatherings.
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The order's limits on the size of gatherings include an exception for "incidental gatherings," including in "shopping malls" so there's room to argue the mask requirement applies to "incidental gatherings" (shoppers in a store), even though the limit on size of gatherings doesn't
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It sounds like local health departments in some parts of the state may be planning to supplement this statewide order with additional measures.
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