Name: AG Nessel: Don't be confused, Whitmer's emergency orders remain in force
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AG Nessel: Don't be confused, Whitmer's emergency orders remain in force

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Detroit Free Press LANSING&nbsp;–&nbsp;Gov Gretchen Whitmer's executive orders related to the coronavirus pandemic remain in force, despite the Legislature's refusal to extend Michigan's state of emergency, Attorney General Dana Nessel said Tuesday.In a letter to law enforcement officials, Nessel said Whitmer's stay-at-home order and order closing restaurants, gyms, theaters, hair and nail salons, barbershops and many other facilities, and restricting restaurants to carryout and delivery service, remain&nbsp;enforceable, "regardless of what you may have heard."Nessel said her office has been contacted by both members of law enforcement and the general public, as the Legislature's refusal to extend the state of emergency last Thursday caused "confusion and frustration."Some of that confusion may have originated in Nessel's office.After House Speaker Lee Chatfield, R-Levering, called the orders "legally questionable" on Friday, Nessel spokeswoman Kelly Rossman-McKinney told Bridge Magazine that law enforcement should "proceed with caution" on enforcing orders, though she later updated that to say they should use their best judgment but that Nessel expects people to comply with the orders.On Tuesday, Nessel clarified further, saying she has reviewed the orders, found them to be valid, and is asking "local law enforcement agencies to continue their enforcement efforts."&nbsp;More:More:Michigan has two emergency management laws in force. The Emergency Powers of Governor Act of 1945 sets no time limit for a state of emergency and does not require the Legislature to vote its approval. The Emergency Management Act of 1976 requires legislative approval to extend an emergency after 28 days.On Thursday, as the 28-day clock on the latest extension of the state of emergency was about to expire, the Legislature refused to grant an extension under the Emergency Management Act. Whitmer then extended the emergency through May 28 under the Emergency Powers of Governor Act, declared an end to&nbsp;states of emergency and disaster under the Emergency Management Act, and then declared new states of emergency and disaster under that law, presumably starting a new 28-day clock running.The stay-at-home order currently runs through May 15.Nessel said that Whitmer's orders have been declared under both laws and are clearly lawful under the Emergency Powers of Governor Act. Therefore, any legal debate over her recent use of the Emergency Management Ac is "of no moment and should not create any confusion," Nessel said.Robert Stevenson, executive director of the Michigan Associations of Chiefs of Police, told the Free Press last week that the dispute between the governor and the Legislature leaves local police "caught in the middle." He said enforcement questions would likely be resolved by local prosecutors.Nessel said COVID-19 "has created a public health crisis of unprecedented gravity" in recent history."To date, the most effective means to contain an infectious pandemic is to keep people away from each other." Through her orders, "the governor has done just that," and "the absence of these restrictions would open gateways for the virus to reach every family and social network in every part of the state.”U.S. Rep. Paul Mitchell, R-Dryden Township, , alleging the orders violate the federal and state constitutions and state law. The Legislature has also authorized a lawsuit, which Senate Majority Leader Mike Shirkey, R-Clarklake, . Contact Paul Egan: 517-372-8660 or pegan@freepress.com.&nbsp;Follow him on Twitter .&nbsp; and sign up for our .&nbsp;&nbsp;

Detroit Free Press LANSING&nbsp;–&nbsp;Gov Gretchen Whitmer's executive orders related to the coronavirus pandemic remain in force, despite the Legislature's refusal to extend Michigan's state of emergency, Attorney General Dana Nessel said Tuesday.In a letter to law enforcement officials, Nessel said Whitmer's stay-at-home order and order closing restaurants, gyms, theaters, hair and nail salons, barbershops and many other facilities, and restricting restaurants to carryout and delivery service, remain&nbsp;enforceable, "regardless of what you may have heard."Nessel said her office has...

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Paul Egan

The Detroit Free Press is the largest daily newspaper in Detroit, Michigan, US. The Sunday edition is titled the Sunday Free Press. It is sometimes referred to as the Freep (reflected in the paper's web address, www.freep.com). It primarily serves Wayne, Oakland, Macomb, Livingston, Washtenaw, and Monroe counties.  The Free Press is also the largest city newspaper owned by Gannett, which also publishes USA Today. The Free Press has received ten Pulitzer Prizes and four Emmy Awards. Its motto is "On Guard for 189 Years".

AG Nessel: Don't be confused, Whitmer's emergency orders remain in force

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