Legislature declines to extend Michigan’s emergency order 

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THURSDAY, April 30 — State lawmakers refused to extend a state of emergency declaration in Michigan today as the statewide COVID-19 death toll nears 3,800 amid an ongoing health crisis. 

The effect of the move, however, has created more questions than answers. And in the meantime, it appears Michigan will awake tomorrow in a new form of governmental limbo where its governor declares an emergency but its lawmakers have decided otherwise. 

Michigan’s emergency declaration legislatively expires at midnight. Some have argued the declaration is the only mechanism that allows Gov. Gretchen Whitmer to maintain executive orders — like the sweeping restrictions on business and travel in her extended stay-home order. 

But according to Whitmer, that emergency declaration will remain in effect regardless. Although Whitmer requested lawmakers extend the measure by 28 days, she has long insisted she doesn’t actually need their approval to keep it in place anyway under existing state law.  

And with a recent resolution authorizing the Legislature to challenge Whitmer’s authority with legal action, the stage has been set for the matter to be decided by the state Supreme Court. 

House Speaker Lee Chatfield told the Detroit Free Press that Whitmer no longer has authority to enforce emergency orders — like the “Stay Safe, Stay Home” lockdown — starting tomorrow. Whitmer is expected to address the issue at a press briefing tomorrow morning or afternoon. 

A House resolution passed largely along party lines earlier today also authorizes Chatfield to sue Whitmer over her authority and actions to combat the pandemic. A series of legislation also aims to codify many of Whitmer’s orders, largely geared toward reopening the economy quickly. 

According to the Detroit Free Press, Senate Bill 858 replaces almost all of the governor’s existing executive orders and would reopen bars and restaurants by May 15 — though lawmakers have voiced a willingness to work with Whitmer on another possible date.  

Notably, Whitmer’s stay-at-home order was not included in any of the legislative proposals. And Whitmer, as governor, maintains authority to veto the bills and is expected to do so with these. 

Yesterday, Whitmer declined an offer from Senate Majority Leader Shirkey that sought to extend the emergency declaration for 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. 

In response, Whitmer said that “Republicans want to negotiate opening up sectors of our economy. 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.”  

Whitmer has said that she still wields various “levers” and statutory powers to enforce — and to keep signing — her executive orders amid the pandemic regardless of action in the Legislature. 

In a decision announced yesterday, the Michigan Court of Claims also sided with Whitmer, denying a motion in a lawsuit and holding that the current executive lockdown order in Michigan — and all earlier versions of the order — did not infringe on the constitutional rights of residents.  

The plaintiffs argued that the “mandatory quarantine” imposed through the “Stay Safe, Stay Home” executive order, including interstate travel restrictions in an earlier version, violated their rights to due process. Court of Claims Judge Christopher M. Murray opined otherwise in court. 

“But those liberty interests are, and always have been, subject to society’s interests — society being our fellow residents. They — our fellow residents — have an interest to remain unharmed by a highly communicable and deadly virus,” Murray wrote in the recently announced opinion.  

Murray also noted the Emergency Management Act does not provide the governor with “uncontrolled, arbitrary power.” Instead, he indicated the act provides for specific procedures and criteria for the governor to declare and maintain a state of emergency in Michigan.  

In  Greater Lansing…   

A few hundred protesters crowded the State Capitol lawn — and some marched inside — as Michiganders continued to push back against an extended stay-at-home order this afternoon. 

Most demonstrators targeted Gov. Gretchen Whitmer over the broad nature of her lockdown order and Michigan’s largely shuttered economy. And while it was somewhat similar to “Operation Gridlock” that jammed up downtown Lansing on April 15, today’s protest clearly garnered a smaller crowd, a larger police visible presence and far fewer Donald Trump signs. 

Meanwhile, Brian Caskey, the owner of Classic Barber Shop on Michigan Avenue in Lansing, risked a misdemeanor, civil fines and the loss of his business license by opening up shop today. The Ingham County Prosecutor’s office will review police reports for potential criminal charges.  

“I’m just to the point where if I don’t come to work, I’m going to lose my business,” Caskey explained in an interview with City Pulse earlier today before the Police Department had arrived. 

The city of Lansing will resume curbside yard waste collection on May 4. Residents are asked to place yard waste at the curb on their regular collection day, but it’s unlikely that collection will actually occur on normal collection days until crews catch up on an overload of upcoming work. 

COVID-19 antibody testing is being offered at Lansing Urgent Care. Click here for more details. 

Across Michigan…   

Michigan’s top bean counters are getting together in a couple of weeks to figure out how big of a hole Michigan’s government is in. Early indications are that it's deep. And that’s also likely going to mean a lot of midyear budget cuts. The latest predicted state revenue drop: $2.6 billion.  

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 announce tomorrow that both commercial and residential construction can resume on May 7. 

And in the numbers…   

At least 25 cases of COVID-19 — but no new deaths — were tracked across Greater Lansing today, including at least 19 cases reported in Ingham County. The regional death toll still stands at 26 with at least 722 confirmed coronavirus cases now reported to date in the tri-county area.  

Michigan tracked another 980 confirmed coronavirus cases earlier this afternoon with another 119 virus-related deaths, edging up the case count past 41,000 with nearly 3,800 deaths.   

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

Ingham County                           

Cases — 473 (+19)   

Recoveries — 154               

Recovery Rate — 32.6%        

Deaths — 11     

Fatality Rate — 2.3%              

At least 111-120 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 41-60 cases in zip codes 48910, 48823 and 48854. Zip codes 48864, 48842 and 48906 each track 31-40 cases. Zip codes 48912 and 48915 each track 21-30 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 — 131 (+6)   

Recoveries — 79               

Recovery Rate — 60.3%             

Deaths — 6                    

Fatality Rate — 4.6%                

Clinton County                           

Cases — 118            

Deaths — 9      

Fatality Rate — 7.6%                       

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

Michigan                           

Cases — 41,379 (+980)   

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

Recovery Rate — 20.2%           

Deaths — 3,789 (+119)   

Fatality Rate — 9.2%             

State reports show about 71% of cases (and about 81% of deaths) are from Oakland, Macomb and Wayne counties, including Detroit. Other hotspots include Genesee County with 3.8% of cases, Kent County with 3.6% 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 3.5% of cases, or 1,453 cases (and 42 deaths) have also been reported among state prisoners.    

Caucasians account for 33% of cases and 47% of deaths statewide. Despite accounting for a smaller segment of the population, African Americans account for 32% of cases and 41% of deaths in Michigan. Those of an unknown race accounted for 21% of cases and 7% of deaths.              

U.S.                         

Cases — 1,067,061 

Deaths — 62,860 

Fatality Rate — 5.9%        

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.