Martinko et al v. Whitmer

Filing 1

COMPLAINT filed by All Plaintiffs against Gretchen Whitmer with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-7739870 - Fee: $ 400. County of 1st Plaintiff: Oakland - County Where Action Arose: State of Michigan - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit, # 2 Exhibit) (Helm, David)

Exhibit 1

EXECUTIVE ORDER

No. 2020-21

Temporary requirement to suspend activities that are not necessary to sustain or
protect life

The novel coronavirus (COVID-19) is a respiratory disease that can result in serious
illness or death. It is caused by a new strain of coronavirus not previously identified in
humans and easily spread from person to person. Older adults and those with chronic
health conditions are at particular risk, and there is an increased risk of rapid spread of
COVID-19 among persons in close proximity to one another. There is currently no
approved vaccine or antiviral treatment for this disease.

On March 10, 2020, the Michigan Department of Health and Human Services identified
the first two presumptive-positive cases of COVID-19 in Michigan. On that same day, I
issued Executive Order 2020-4. This order declared a state of emergency across the
state of Michigan under section 1 of article 5 of the Michigan Constitution of 1963, the
Emergency Management Act, 1976 PA 390, as amended, MCL 30.401-.421, and the
Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended, MCL
10.31-.33.

The Emergency Management Act vests the governor with broad powers and duties to
“cop[e] with dangers to this state or the people of this state presented by a disaster or
emergency,” which the governor may implement through “executive orders,
proclamations, and directives having the force and effect of law.” MCL 30.403(1)-(2).
Similarly, the Emergency Powers of the Governor Act of 1945, provides that, after
declaring a state of emergency, “the governor may promulgate reasonable orders, rules,
and regulations as he or she considers necessary to protect life and property or to bring
the emergency situation within the affected area under control.” MCL 10.31(1).

To suppress the spread of COVID-19, to prevent the state’s health care system from
being overwhelmed, to allow time for the production of critical test kits, ventilators, and

personal protective equipment, and to avoid needless deaths, it is reasonable and
necessary to direct residents to remain at home or in their place of residence to the
maximum extent feasible.

This order takes effect on March 24, 2020 at 12:01 am, and continues through April 13,
2020 at 11:59 pm.

Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:

1. This order must be construed broadly to prohibit in-person work that is not
necessary to sustain or protect life.

2. Subject to the exceptions in section 7, all individuals currently living within the
State of Michigan are ordered to stay at home or at their place of residence.
Subject to the same exceptions, all public and private gatherings of any number
of people occurring among persons not part of a single household are prohibited.

3. All individuals who leave their home or place of residence must adhere to social
distancing measures recommended by the Centers for Disease Control and
Prevention, including remaining at least six feet from people from outside the
individual’s household to the extent feasible under the circumstances.

4. No person or entity shall operate a business or conduct operations that require
workers to leave their homes or places of residence except to the extent that
those workers are necessary to sustain or protect life or to conduct minimum
basic operations.

a. For purposes of this order, workers who are necessary to sustain or protect life
are defined as “critical infrastructure workers,” as described in sections 8 and 9.

b. For purposes of this order, workers who are necessary to conduct minimum basic
operations are those whose in-person presence is strictly necessary to allow the
business or operation to maintain the value of inventory and equipment, care for
animals, ensure security, process transactions (including payroll and employee
benefits), or facilitate the ability of other workers to work remotely.
Businesses and operations must determine which of their workers are necessary
to conduct minimum basic operations and inform such workers of that designation.
Businesses and operations must make such designations in writing, whether by
electronic message, public website, or other appropriate means. Such
designations, however, may be made orally until March 31, 2020 at 11:59 pm.

5. Businesses and operations that employ critical infrastructure workers may
continue in-person operations, subject to the following conditions:

a. Consistent with sections 8 and 9, businesses and operations must determine
which of their workers are critical infrastructure workers and inform such workers
of that designation. Businesses and operations must make such designations in
writing, whether by electronic message, public website, or other appropriate
means. Such designations, however, may be made orally until March 31, 2020 at
11:59 pm. Businesses and operations need not designate:

1. Workers in health care and public health.

2. Workers who perform necessary government activities, as described in
section 6.

3. Workers and volunteers described in section 9(d).

b. In-person activities that are not necessary to sustain or protect life must be
suspended until normal operations resume.

c. Businesses and operations maintaining in-person activities must adopt social
distancing practices and other mitigation measures to protect workers and
patrons. Those practices and measures include, but are not limited to:

1. Restricting the number of workers present on premises to no more than is
strictly necessary to perform the business’s or operation’s critical
infrastructure functions.

2. Promoting remote work to the fullest extent possible.

3. Keeping workers and patrons who are on premises at least six feet from one
another to the maximum extent possible, including for customers who are
standing in line.

4. Increasing standards of facility cleaning and disinfection to limit worker and
patron exposure to COVID-19, as well as adopting protocols to clean and
disinfect in the event of a positive COVID-19 case in the workplace.

5. Adopting policies to prevent workers from entering the premises if they
display respiratory symptoms or have had contact with a person who is
known or suspected to have COVID-19.

6. Any other social distancing practices and mitigation measures
recommended by the Centers for Disease Control.

6. All in-person government activities at whatever level (state, county, or local) that
are not necessary to sustain or protect life, or to supporting those businesses
and operations that are necessary to sustain or protect life, are suspended.

a. For purposes of this order, necessary government activities include activities
performed by critical infrastructure workers, including workers in law enforcement,
public safety, and first responders.

b. Such activities also include, but are not limited to, public transit, trash pick-up and
disposal, activities necessary to manage and oversee elections, operations
necessary to enable transactions that support the work of a business’s or
operation’s critical infrastructure workers, and the maintenance of safe and
sanitary public parks so as to allow for outdoor recreation.

c. For purposes of this order, necessary government activities include minimum
basic operations, as described in section 4(b). Workers performing such activities
need not be designated.

d. Any in-person government activities must be performed consistently with the
social distancing practices and other mitigation measures to protect workers and
patrons described in section 5(c).

7. Exceptions.
a. Individuals may leave their home or place of residence, and travel as
necessary:
1. To engage in outdoor activity, including walking, hiking, running,
cycling, or any other recreational activity consistent with remaining
at least six feet from people from outside the individual’s
household.

2. To perform their jobs as critical infrastructure workers after being so
designated by their employers. (Critical infrastructure workers who need not
be designated under section 5(a) may leave their home for work without a
designation.)

3. To conduct minimum basic operations, as described in section 4(b), after
being designated to perform such work by their employers.

4. To perform necessary government activities, as described in section 6.

5. To perform tasks that are necessary to their health and safety, or to the
health and safety of their family or household members (including pets).
Individuals may, for example, leave the home or place of residence to
secure medication or to seek medical or dental care that is necessary to
address a medical emergency or to preserve the health and safety of a
household or family member (including procedures that, in accordance with
a duly implemented nonessential procedures postponement plan, have not
been postponed).

6. To obtain necessary services or supplies for themselves, their family or
household members, and their vehicles. Individuals must secure such
services or supplies via delivery to the maximum extent possible. As
needed, however, individuals may leave the home or place of residence to
purchase groceries, take-out food, gasoline, needed medical supplies, and
any other products necessary to maintain the safety, sanitation, and basic
operation of their residences.

7. To care for a family member or a family member’s pet in another household.

8. To care for minors, dependents, the elderly, persons with disabilities, or
other vulnerable persons.

9. To visit an individual under the care of a health care facility, residential care
facility, or congregate care facility, to the extent otherwise permitted.

10. To attend legal proceedings or hearings for essential or emergency
purposes as ordered by a court.

11. To work or volunteer for businesses or operations (including both and
religious and secular nonprofit organizations) that provide food, shelter, and
other necessities of life for economically disadvantaged or otherwise needy
individuals, individuals who need assistance as a result of this emergency,
and people with disabilities.

b. Individuals may also travel:
1. To return to a home or place of residence from outside this state.
2. To leave this state for a home or residence elsewhere.

3. To travel between two residences in this state.
4. As required by law enforcement or a court order, including the transportation
of children pursuant to a custody agreement.
8. For purposes of this order, critical infrastructure workers are those workers
described by the Director of the U.S. Cybersecurity and Infrastructure Security
Agency in his guidance of March 19, 2020 on the COVID-19 response
(available here). Such workers include some workers in each of the following
sectors:

a. Health care and public health.

b. Law enforcement, public safety, and first responders.

c. Food and agriculture.

d. Energy.

e. Water and wastewater.

f. Transportation and logistics.

g. Public works.

h. Communications and information technology, including news media.

i.

Other community-based government operations and essential functions.

j.

Critical manufacturing.

k. Hazardous materials.

l.

Financial services.

m. Chemical supply chains and safety.

n. Defense industrial base.

9. For purposes of this order, critical infrastructure workers also include:

a. Child care workers (including workers at disaster relief child care centers), but only
to the extent necessary to serve the children or dependents of critical
infrastructure workers as defined in this order. This category includes individuals
(whether licensed or not) who have arranged to care for the children or
dependents of critical infrastructure workers.

b. Workers at designated suppliers and distribution centers, as described below.

1. A business or operation that employs critical infrastructure workers may
designate suppliers, distribution centers, or service providers whose
continued operation is necessary to enable, support, or facilitate the work of
its critical infrastructure workers.

2. Such suppliers, distribution centers, or service providers may designate
workers as critical infrastructure workers only to the extent those workers are
necessary to enable, support, or facilitate the work of the original operation’s
or business’s critical infrastructure workers.

3. Designated suppliers, distribution centers, and service providers may in turn
designate additional suppliers, distribution centers, and service providers
whose continued operation is necessary to enable, support, or facilitate the
work of their critical infrastructure workers.

4. Such additional suppliers, distribution centers, and service providers may
designate workers as critical infrastructure workers only to the extent that
those workers are necessary to enable, support, or facilitate the work of the
critical infrastructure workers at the supplier, distribution center, or service
provider that has designated them.

5. Businesses, operations, suppliers, distribution centers, and service providers
must make all designations in writing to the entities they are designating,
whether by electronic message, public website, or other appropriate means.
Such designations may be made orally until March 31, 2020 at 11:59 pm.

6. Businesses, operations, suppliers, distribution centers, and service providers
that abuse their designation authority shall be subject to sanctions to the
fullest extent of the law.

c. Workers in the insurance industry, but only to the extent that their work cannot be
done by telephone or remotely.

d. Workers and volunteers for businesses or operations (including both and religious
and secular nonprofit organizations) that provide food, shelter, and other
necessities of life for economically disadvantaged or otherwise needy individuals,
individuals who need assistance as a result of this emergency, and people with
disabilities.

e. Workers who perform critical labor union functions, including those who administer
health and welfare funds and those who monitor the well-being and safety of union
members who are critical infrastructure workers, provided that any administration
or monitoring should be done by telephone or remotely where possible.

10. Nothing in this order should be taken to supersede another executive order or
directive that is in effect, except to the extent this order imposes more stringent
limitations on in-person work, activities, and interactions. Consistent with prior
guidance, a place of religious worship, when used for religious worship, is not
subject to penalty under section 14.

11. Nothing in this order should be taken to interfere with or infringe on the powers of
the legislative and judicial branches to perform their constitutional duties or
exercise their authority.

12. This order takes effect on March 24, 2020 at 12:01 am, and continues through
April 13, 2020 at 11:59 pm.

13. The governor will evaluate the continuing need for this order prior to its
expiration. In determining whether to maintain, intensify, or relax its restrictions,
she will consider, among other things, (1) data on COVID-19 infections and the
disease’s rate of spread; (2) whether sufficient medical personnel, hospital beds,
and ventilators exist to meet anticipated medical need; (3) the availability of
personal protective equipment for the health-care workforce; (4) the state’s
capacity to test for COVID-19 cases and isolate infected people; and (5)
economic conditions in the state.

14. Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is
a misdemeanor.

Given under my hand and the Great Seal of the State of Michigan.