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Ambiguous executive order has caused mass confusion statewide

HOUGHTON — Michigan Gov. Gretchen Whitmer’s extended and expanded “stay home order” of Friday, April 9, has received backlash and criticism, not only across Michigan, but has caught the attention of national media as well.

In a Monday Washington Examiner article, titled “‘Pushing too far’: Michigan governor criticized for aggressive social distancing orders,” the paper stated:

Speaker of the Michigan House Lee Chatfield mocked Whitmer’s orders, tweeting, “Non-essential in Michigan: Lawn care, construction, fishing if boating with a motor, realtors, buying seeds, home improvement equipment & gardening supplies. Essential in Michigan: Marijuana, lottery & alcohol. Let’s be safe & reasonable. Right now, we’re not!”

A Detroit Free Press article caught the attention of USA Today on Friday, re-publishing an article that started with: “State residents can’t travel to their Up North cottages, but Illinois residents who own one in Michigan apparently can.”

The article went on to state: “In-store purchases of Michigan Lottery tickets are still permitted, but buying a can of paint or a bag of seeds is off limits.”

Michigan Radio, on Friday, also struggled to decipher the confusion and ambiguity of Whitmer’s Good Friday Executive Order:

“An extended ‘stay at home’ order by Governor Gretchen Whitmer bans keeping garden sections of stores open for businesses with more than 50,000 square feet,” Michigan Radio wrote. “But many nurseries and garden centers contacted by Michigan Radio are interpreting the rule as a ban on selling fruit and vegetable plants. Workers at greenhouses and nurseries say it’s confusing and makes no sense.”

And therein lies the source of frustration: Whitmer’s executive order is not clear.

Section 11 of the order states that all stores of more than 50,000 square feet must close sections selling paint, carpeting, flooring, furniture, plants and gardening supplies, to encourage social distancing and prevent shoppers from crowding aisles.

Article C of the section states: “For stores of less than 50,000 square feet of customer floor space, limit the number of people in the store (including employees) to 25% of the total occupancy limits established by the State Fire Marshal or a local fire marshal.” It does not mention seeds or garden plants.

Bridge Michigan, in seeking clarification from the Governor’s Office, was unable to obtain it. In an April 14 article, “Can you buy seeds in Michigan? Confusion reigns over Whitmers stay-home order,” Bridge stated that in an email to the media outlet, Tiffany Brown, a Whitmer spokeswoman, wrote that while the order places certain limits on how goods are sold at stores more than 50,000 square feet or more, it does not ban Michiganders from buying any item. Bridge stated that Brown did not elaborate or immediately respond to a follow-up email seeking clarification.

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