Markkanen

HANCOCK — The two state legislators representing the Copper Country welcomed Friday’s state Supreme Court ruling removing Gov. Gretchen Whitmer’s ability to extend the COVID-19 state of emergency, but said they were willing to work with the governor on maintaining some protections.

In a 4-3 ruling, the court Friday ruled Whitmer did not have authority to issue emergency declarations after April 30, when the initial 28-day emergency declaration expired.

State Sen. Ed McBroom, R-Vulcan, praised the ruling, which he said showed the judges had delved deeply into the law and not just relying on the arguments put before them. He said he agreed with their conclusion that the 1945 law Whitmer had cited erred in giving unchecked power to the governor with no timeframe.

“It really bolsters the argument that many of us have made from the beginning that the 1976 statute, which has standards and has a time frame, is the appropriate act that we should be utilizing during this crisis,” he said.

State Rep. Greg Markkanen, R-Hancock, agreed.

McBroom

“From day one, we tried to work with the governor,” he said. “She started out working with us and then went right to the 1945 law. You have to have all three branches of government working together to keep our communities and schools safe.”

Whitmer, who reiterated she “vehemently” disagrees with the ruling, said she would work with Republicans to find ways to limit the spread of the virus and rebuild the economy.

“It’s time for Republicans in the Legislature to get to work and start showing that they are taking this crisis seriously,” she said in a release. “They can start by canceling their October recess and getting back to work. Let’s work together and get this done.”

The Supreme Court order did not affect separate powers given to the state Department of Health and Human Services Monday reiterating limitations that had been imposed by Whitmer. The orders reinstate requirements for masks at indoor and outdoor gatherings and schools (outside of the Traverse City region), limitations on gathering size and capacity limits.

Also Monday, Whitmer and MDHHS Director Robert Gordon filed a motion with the state Supreme Court asking to clarify that the ruling did not take effect until Oct. 30. The transition would be necessary for things like unemployment payments, which could affect up to 830,000 people, she said.

Just prior to the Supreme Court ruling Friday, Whitmer had moved the Upper Peninsula back down to Phase 4 of the state’s reopening plan in light of rising cases, particularly in the western Upper Peninsula. As of Monday, the region was averaging 186.7 new cases per million people over the previous seven days, the highest rate in the state.

McBroom said there are aspects of the executive orders he would like to see preserved going forward. He listed extending liability coverage for medical practitioners operating outside their regular scope of practice, as well as worker’s compensation for medical workers who contract COVID-19.

“It’s never been about having a better plan, or feeling like everything that’s being done is exactly wrong or unproductive,” he said. “It’s been about the fact that she has executed all of these things without any sort of interaction with other elected leaders, and then basically asked all of us to be the foot soldiers for these orders.”

Markkanen said he would want to work with the governor’s office to determine which orders were practical and worth preserving.

“I think the legislature, both the House and the Senate, are very happy to work hand in hand with the governor’s office at this point,” he said. “So, you know, I think people just need to be safe, and follow that Western Upper Peninsula Health Department protocol.”

Asked if there were specific things he would push for in negotiations, Markkanen said there should be a county-by-county approach to combating the virus. Although Upper Peninsula numbers are rising, Markkanen said people in the U.P. have reached a new understanding of the virus’s capabilities. He called on people to take sensible precautions, such as staying home if they or their children are sick. He also praised the local response, including Michigan Technological University’s testing facility.

“That whole situation with Michigan Tech, working with the community and the health department, is a win-win-win for our whole community,” he said. “I think we’re in a good place when it comes to keeping people safe and battling this virus.”

State Sen. Majority Leader Mike Shirkey said over the weekend he would not support keeping the statewide mask mandate.

Both McBroom and Markkanen agreed, saying any decisions on masks should be made at the local level.

Mask-wearing has been recommended by the Centers for Disease Control and Prevention, whose director called the masks one of the most important tools in combating the virus. McBroom said while he believes mask-wearing is “often a good idea and a sensible idea,” he thought there needed more debate over it, citing other medical experts who did not recommend mask-wearing and other countries that did not implement it.

“I think that by removing this from a statewide ban, it allows our counties, our local health departments and our local businesses and other property owners to make a lot of these decisions at the local level, and allows us in the communities to decide, ‘I don’t feel safe at this place. I’m not gonna go there,'” he said.

Over the weekend, Oakland County and Ingham County both issued mandates requiring people to wear masks outside their homes.

In a statement Monday, the Western Upper Peninsula Health Department said before more specific guidance is available, it is stressing consistency and keeping core COVID-19 containment strategies in place. Those include proper mask use, social distancing, frequent handwashing and staying home if sick.

“COVID-19 is currently hitting communities hard here in the Western Upper Peninsula,” WUPHD Health Officer Kate Beer said in the statement. “These outbreaks are affecting our elderly, our most vulnerable, and our educational and healthcare systems. WUPHD remains confident that our community will continue to practice basic public health protocols and help keep each other safe.”