Battle heats up over power to set emergency orders in Michigan

Editor’s Note: City Pulse needs your support more than ever. Advertising — almost all our revenue — has fallen sharply because of coronavirus-related closures. Our staff is working around the clock to keep you informed. Please do what you can to contribute to the City Pulse Fund. All donations are tax-deductible. 

WEDNESDAY, April 29 — Gov. Gretchen Whitmer is refusing to relegate to the State Legislature her executive powers to declare and extend a state of emergency in Michigan. 

“Republicans want to negotiate opening up sectors of our economy,” Whitmer said at a press conference this afternoon. “They’re acting as though we’re in the midst of a political problem. This is not a political problem. This is a public health crisis, a global pandemic.” 

Discussions appear to have hit a significant roadblock between Whitmer and Senate Majority Leader Mike Shirkey on whether and how to extend the governor’s emergency order declaration beyond tomorrow’s expiration, according to recent reports from MIRS News. 

Shirkey sought to extend the emergency declaration — from which all of Whitmer’s executive orders stem — for only two one-week periods in exchange for Whitmer’s promise that all future stay-at-home orders would be enacted in tandem with the Legislature, MIRS reports. 

However, Whitmer said she unwilling to negotiate over her duty to ensure residents are safe. And with some of her executive orders lasting for weeks, legislative input isn’t exactly a priority. 

“We don’t have time for politics and games when people’s lives are on the line,” she added. 

Whitmer has requested state lawmakers extend Michigan’s state of emergency, which expires tomorrow, for at least another 28 days — through the end of May. That declaration, which is different from the extended May 15 lockdown order, expires Friday without legislative action. 

But if lawmakers fail to act, Whitmer has suggested that she has various “levers” and statutory powers to enforce — and keep signing — her executive orders amid the pandemic regardless. 

It’s a debate. Republicans believe she needs an extension to continue wielding unilateral powers because state law requires legislative action after 28 days, reports the Detroit News. 

Others have argued — including many Democrats — that another state law allows Whitmer to extend the emergency declaration on her own accord, leaving an opportunity for more emergency action, like Michigan’s extended lockdown order, until the governor says otherwise. 

Shirkey and House Speaker Lee Chatfield, in response, could always take Whitmer to court to battle over the issue. The state Supreme Court could eventually decide the matter. Meanwhile, the public would be stuck in a confusing limbo in which the government isn’t speaking with a unified message. 

“We remain in a state of emergency until the order is rescinded,” Whitmer said earlier today at a press conference on COVID-19. “And I do not have any intention of rescinding that right now.” 

Both chambers adjourned today without an extension. They’ll meet again tomorrow morning.  

In Greater Lansing…  

Three women who appeared to be demonstrators were removed from the public gallery at the House of Representatives today, and at least one of them alleged that she was physically assaulted by sergeants, according to reports — and videos — from the Detroit Free Press.  

A series of demonstrations are planned for tomorrow, including a 9 a.m. protest on the Capitol Lawn. And for the Lansing Police Department, it could be a test of its latest plans to ramp up enforcement efforts on social distancing violations at downtown protests. Read more here. 

The East Lansing City Council will also meet virtually at 9 a.m. tomorrow. A virtual meeting of the East Lansing Downtown Development Authority is also scheduled to begin at 4:30 p.m.  

The Lansing State Journal reports that at least 34 residents from Greater Lansing, including 28 in Ingham County, have been impacted by a COVID-19 outbreak at Herbruck’s Poultry Ranch in Ionia County — the largest egg producer in Michigan, according to a company press release.  

Downtown Lansing Inc. is doubling donations to a new crowdfunding campaign — the “Downtown Lansing has HEART” recovery fund —  to provide mortgage and rental assistance to existing businesses in downtown Lansing. It’s also asking local businesses to take a survey.  

Blue Owl Coffee Co. is also raising money to help local residents and businesses in need. A $1,000 sponsorship will donate $500 in coffee to front line health care workers. The remaining cash will be used for catering a future event for the sponsor with free promotion from Blue Owl. 

For every bag of REO Town Joe Coffee purchased from the company, Blue Owl and its roasting partner, Creation Coffee, will also donate another $3 to support the Greater Lansing Food Bank.  

Across Michigan…  

State senators yesterday — through two nonbinding resolutions — urged Whitmer to allow additional employees to return to jobs like construction and other, safer, outdoor enterprises. They also pushed her to again enable elective procedures to continue at hospitals statewide.  

Under Whitmer’s “Stay Home, Stay Safe” executive order, most construction projects and nonessential surgical procedures have been temporarily prohibited, though Whitmer plans to enable both commercial and residential construction to resume on May 7, she announced today. 

Whitmer announced today the “Future for Frontliners” program to help provide tuition-free college or technical certificates to essential workers, including health care and grocery staff, child care providers, manufacturers and other staff that don’t already have a college degree.  

The new program is modeled after the GI Bill for soldiers returning home from World War II and poised to offer millions of dollars in federal assistance to essential employees, Whitmer said. 

Whitmer also announced an expansion to the state’s Workshare Program to allow employers to reduce employee hours to receive weekly unemployment insurance benefits as well as the additional $600 Pandemic Unemployment Assistance weekly benefit through federal dollars. 

She also called on Congress to support Sen. Gary Peters’ Heroes Fund to provide hazard pay of an additional $13 per hour up to $25,000, for all essential medical employees on the front lines. 

Another executive order signed today requires health care facilities to develop protocols that ensure non-discrimination in the event that demand for resources at hospitals outweigh supply. The order also affirms the existing right to receive medical care without discrimination.  

A new partnership between the state, Meijer and the Food Bank Council of MIchigan will help feed a growing number of residents during the pandemic. Meijer sent $1.6 million in food to several Michigan food banks this week. Another round of $2 million in groceries begins in May. 

Whitmer also announced $130 million in investments to make child care more affordable and accessible for families during the pandemic. A $130 million “Child Care Relief Fund” that opened today is designed to provide grants to child care providers serving essential workers. Grants start at $1,500 for home-based providers and $3,000 for child care centers.  

Michigan activated its Mortuary Response Team today to assist local health care facilities and funeral homes with the surge in human remains during the pandemic. The 40-person volunteer team helps identify and store human remains until funeral homes can help families make plans. 

And in the numbers…  

At least 33 more cases of COVID-19 were tracked across Greater Lansing, including at least 25 cases and an 11th virus-related death reported in Ingham County.  The regional death toll stands at 26 with at least 697 coronavirus cases reported to date in the tri-county area. 

Michigan tracked another 1,137 confirmed coronavirus cases earlier this afternoon with 103 more virus-related deaths, edging up the case count past 40,000 with nearly 3,700 deaths.  

Here are the latest statistics for Greater Lansing, Michigan and the country:                

Ingham County                          

Cases — 454 (+25)  

Recoveries — 132              

Recovery Rate — 29.1%           

Deaths — 11 (+1)     

Fatality Rate — 2.4%                 

At least 91-100 cases are in southwest Lansing in zip code 48911. Much of the rest of south Lansing, Mason, East Lansing, Meridian and Bath townships each tally 41-50 cases in zip codes 48910, 48823 and 48854. Zip codes 48864, 48842 and 48906 each track 21-30 cases. Zip codes 48912 and 48915 each track 11-20 cases. Zip codes 48840, 48895, 48917, 48285, 48819, 48827, 48892, 48909, 48933, 49251, 49264 and 49285 each track 10 cases or less.      

Eaton County                          

Cases — 125 (+5)  

Recoveries — 79              

Recovery Rate — 63%            

Deaths — 6                   

Fatality Rate — 5%               

Clinton County                          

Cases — 118 (+3)           

Deaths — 9     

Fatality Rate — 7.8%                      

The Mid-Michigan County Health Department does not report recovery statistics.               

Michigan                          

Cases — 40,399 (+1,137)  

Recoveries — 8,342 (as of 4/24/20)            

Recovery Rate — 20.6%          

Deaths — 3,670 (+103)  

Fatality Rate — 9.1%            

State reports show about 72% of cases (and about 82% of deaths) are from Oakland, Macomb and Wayne counties, including Detroit. Other hotspots include Genesee County with 3.9% of cases, Kent County with 3.5% of cases, Washtenaw County with 2.6% of cases, Saginaw County with 1.6% of cases and Ingham County with 1.1% of cases reported statewide. At least 3.1% of cases, or 1,264 cases (and 41 deaths) have also been reported among state prisoners.   

Caucasians account for 32% of cases and 45% of deaths statewide. Despite accounting for a smaller segment of the population, African Americans account for 32% of cases and 40% of deaths in Michigan. Those of an unknown race accounted for 22% of cases and 9% of deaths.             

U.S.                        

Cases — 1,036,652 

Deaths — 60,475 

Fatality Rate — 5.8%       

Source: CNN                   

As of this afternoon, Michigan still has reported the seventh most cases in the country, behind New York, New Jersey, Massachusetts, California, Pennsylvania and Illinois. Michigan also ranks third in most virus-related deaths, behind only the states of New York and New Jersey.