Violation of Michigan Shelter in Place Law
On March 23, 2020, at 11:00am, Michigan Governor, Gretchen Whitmer appeared live on television and across the internet, and issued Executive Order No. 2020-21, “Temporary requirement to suspend activities that are not necessary to sustain or protect life.”
The order will go into effect at 12:01am on March 24, 2020, and will continue through April 13, 2020, at 11:59pm.
Michigan Shelter in Place Order
The order requires that all individuals currently living within the State of Michigan stay at home or at their place of residence.
The order also requires that all businesses that do not fall into a specified exception cease operation.
Michigan Shelter in Place Exceptions
The order lays out many exceptions which include:
- Going outside,
- Obtaining supplies,
- Seeking medical treatment,
- Taking care of a family member or family members pet,
- Taking care of minors, dependents, elderly and other vulnerable people,
- Attending court ordered proceedings,
- Working or volunteering for a business that provides an essential function such as food.
Travel is restricted, but does allow people to travel to a home outside of the state, to leave the state for a residence elsewhere, to travel between states, and to travel as required by the court such as complying with a child custody agreement.
The Order lists 14 employment exceptions:
- Health care,
- Emergency responders,
- Food and agriculture,
- Utilities,
- Transportation,
- Public works,
- Media,
- Essential government,
- Critical manufacturing,
- Hazardous materials,
- Financial services,
- Chemical supply chains, and
- Defense industry.
How long can a Shelter in Place order last?
Under MCL 30.403, a Shelter in Place order can last as long as 28 days. After 28 days, the order cannot continue without a joint resolution of both houses of the legislature.
Violation of Michigan’s Shelter in Place Law
The penalties for a violation of Michigan’s Shelter in Place law is a criminal misdemeanor under MCL 30.405 (3) and could result in as much as 90 days in the county jail AND A $500.00 fine. MCL 750.504.
This is an arrestable offense if the police officer has an arrest warrant, or if the officer witnesses the violation. If the officer does not have a warrant, and did not witness the offense but has reason to believe there was a violation of the order, the officer should be limited to issuing a ticket with a date to appear in court.
Michigan Criminal Defense Lawyer
If you have been charged with a crime for violating Michigan’s Shelter in Place law, or any other violation, contact Michigan criminal lawyer, Aaron J. Boria today (734) 453-7806.
We fight for our clients and obtain results when other lawyers fall short.
