On April 9, 2020, Governor Whitmer extended her “Stay Home, Stay Safe” mandate through April 30, 2020 by enacting Executive Order 2020-42, which takes effect at 11:59 p.m. on April 9, 2020.

Notably, the new mandate defines what operations constitute exempt “critical infrastructure” by referencing the March 19, 2020 guidance issued by the Director of the U.S. Cybersecurity and Infrastructure Security Agency (the “CISA Memo”), which was referenced in the original Stay Home, Stay Safe Order. On March 28, 2020, the CISA Memo guidance was revised to add several activities to “critical infrastructure,” including personal vehicle manufacturing and personal bicycle repair and maintenance. EO 2020-42 specifically states, however, that it “does not adopt any subsequent guidance document released by [CISA],” indicating that Governor Whitmer is again rejecting any broadening of the “critical infrastructure” definition adopted by the federal government.

Other important provisions of EO 2020-42 include the following:

The full version of EO 2020-42 can be accessed here.

We expect state and local officials to continue aggressive enforcement of the “Stay Home, Stay Safe” mandate. If you have questions regarding how the extended shutdown affects your business or activities, or if you need assistance creating a COVID-19 preparedness plan or advice on how to ensure your compliance with the Order, please contact your Dingeman & Dancer attorney, Daniel Dingeman or Katie Sabo.