MI Attorney General to Law Enforcement: Executive Orders Are Enforceable

If you count yourself among those wondering if Gov. Gretchen Whitmer’s extension of the current state of emergency is enforceable, the answer is yes.

When the Michigan Legislature failed to pass a resolution last week rejecting the governor’s extension of the state of emergency declaration in Michigan, law enforcement all across the state became conflicted as to whether they would be able to enforce the extension following the legislative debate. The Attorney General has cleared that up in a letter to the law enforcement community.

Confusion and frustration had been widespread in the law enforcement community, and many had turned to Attorney General Dana Nessel’s office for clarification.

Many law enforcement officials – along with members of the public – contacted the Attorney General asking whether the Governor’s Stay Home, Stay Safe Order (2020-70) and places of public accommodation order (2020-69) are still enforceable.

After reviewing the issue, Attorney General Dana Nessel issued a letter of guidance today to local law enforcement officials across the state. In her letter, Nessel finds the two orders to be valid under the Emergency Powers of the Governor Act and asks local law enforcement agencies to continue their enforcement efforts.

Recognizing the important work done by local officials, Nessel noted that “COVID-19 has created a public health crisis of unprecedented gravity in our lifetime. To date, the most effective means to contain an infectious pandemic is to keep people away from each other. In promulgating Executive Order 2020-69 and Executive Order 2020-70, the Governor has done just that by placing restrictions on certain activities to limit social interactions. The absence of these restrictions would open gateways for the virus to reach every family and social network in every part of the State.”

To view Attorney General Nessel’s letter to law enforcement, click the link below:

AG-Letter-to-Law-Enforcement

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