Whitmer says statewide mask mandate remains in effect under health dept. order

whitmer in mask
Photo credit FILE (© Nick King/Lansing State Journal via Imagn Content Services, LLC)

(WWJ) Michigan Gov. Gretchen Whitmer says the statewide mask mandate remains in effect, despite a Michigan Supreme Court ruling that voids her executive orders.

The governor on Monday pointed to a separate order issued by Michigan Department of Health and Human Services (MDHHS) Director Robert Gordon requiring face coverings in enclosed public spaces and crowded outdoor places everywhere in Michigan. 

Speaking at campaign event for state House candidates on Monday, Whitmer insisted that Gordon's order is not impacted by the Supreme Court decision.

“We know that masks work. It’s on all of us to do our part and to have some personal responsibility to keeping ourselves, our families and our economy going,” the governor said.

Whitmer said the health departments order's are enforceable, and that violators may face a fine of up to $1,000.

Doubling down, Gordon on Monday issued a new Emergency Order restricting gathering sizes, requiring face coverings in public spaces and places limitations on bars and other venues.  

READ: Emergency Order Under MCL 333.2253 – Gathering Prohibition and Mask Order

Clearly, many questions remain on the topic.

Earlier, Macomb County said it will not continue to require masks in public, while Oakland County issued its own local mask mandate

WWJ's Charlie Langton reports that some in the legal arena are questioning the validity of all of these health department orders. 

"Now a lot of health directors are issuing orders that you must wear a mask — it's mandatory," Langton said. 

"But there's obviously some constitutional issues here as to whether or not they can even do it now that the Supreme Court said last Friday that the governor's authority was unconstitutional. If the governor has no authority, now a state health director or county health director has the authority?" 

Meanwhile, Whitmer is asking the Supreme Court for some clarification on it's Friday ruling that the law she used to issue all of her COVID-19 related orders is unconstitutional.

Whitmer wants to know if the ruling takes effect immediately, or if she has until Oct. 30 to figure it all out. 

"Basically, what she's asking the state Supreme Court is, am I right? Do I have those days?" WWJ Lansing Bureau Chief Tim Skubick reported. "The governor's original interpretation was that she thought she had had 21 days for these orders to stay in effect, and then it would change."

The governor's office Whitmer, local health departments, and the Michigan Legislature need time to work together to put protections in place that will keep Michiganders safe and protect the state's economy. 

“We need this transition period to protect the 830,000 Michigan workers and families who are depending on unemployment benefits to pay their bills and put food on the table, and to protect Michiganders everywhere who are counting on their leaders to protect them,” said Whitmer, in a statement. “The Supreme Court has spoken, and while I vehemently disagree with their ruling, I’m ready to work across the aisle with Republicans in the legislature where we can find common ground to slow the spread of the virus and rebuild our economy." 

The number of confirmed cases of the coronavirus in Michigan is now nearing 129,000.  MDHHS on Monday reported 1,407 cases over the past two days along with 15 deaths.  The number of Michiganders who have died as a result of the virus has increased to 6,816.   Over the weekend, the health department also announced nearly 100,000 people in the state have recovered from the virus.