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Thursday, May 9, 2024

Michigan Supreme Court could weigh in on COVID-19 indoor-dining restrictions

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Takeout, delivery and outdoor dining are the only way Michigan restaurants can survive during the COVID-19 pandemic. | Adobe Stock

Takeout, delivery and outdoor dining are the only way Michigan restaurants can survive during the COVID-19 pandemic. | Adobe Stock

Although Michigan bars and restaurants lost the legal fight to reopen indoor service, a recent federal court ruling made it possible for the Michigan Supreme Court to consider the legality of the state's latest restrictions.

The Michigan Restaurant and Lodging Association (MRLA) and two of its members filed the lawsuit in the middle of November after the Michigan Department of Health and Human Services (MDHHS) forced bars and restaurants to participate in a three-week indoor-dining hiatus until Tuesday, Dec. 8.

To many in the industry, the closure was devastating, and many businesses aren't expected to survive the shutdown order that was issued by MDHHS Director Robert Gordon.

“The governor has turned to MDHHS to circumvent the Michigan Supreme Court’s decision and order…. and has directed MDHHS to issue multiple orders that once again impermissibly infringe on the restaurant industry’s rights,” the claim said, according to Bridge Michigan. 

Gordon insisted that his order was legal.

“Public health experts from around the nation and world say these types of (restrictions) must be taken to prevent the health care system from being overwhelmed by COVID-19 cases,” Gordon said in the statement, as reported by Bridge Michigan. “These protocols on specific indoor gatherings -- along with wearing face masks, social distancing and frequent handwashing -- give Michigan a fact-based approach to slow the spread of COVID-19 so we can return to a strong economy and get back to normal safely as soon as we can.”

“Presumptions and generalizations will not suffice and should no longer be tolerated, given the significant human toll they have wrought from closing restaurants for a second time this year," said Justin Winslow, president and CEO of the MRLA, according to Bridge Michigan.

The MRLA wants to block an extension from happening once the restrictions expire on Tuesday. Winslow requested that Gordon provide clear and specific data to justify the closures.

“We have ideas and reasonable solutions to offer and reiterate our willingness to engage in a substantive dialogue with this administration should they wish to do the same,” Winslow told Bridge Michigan.

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