Whitmer Lifted Outdoor Mask Mandate, Tigers May Break Other Rules Saying No Mask Needed
Michigan agencies create regulatory swamp of epidemic mandates, restrictions
On Friday, Gov. Gretchen Whitmer declared that Michigan residents no longer have to wear a face masks while outdoors.
The Detroit Tigers then announced that face masks are not required at Comerica Park.
But the announcement appears to violate emergency rules ordered by the Michigan Occupational Safety and Health Administration, which regulates all places of work, including sports venues.
The agency’s emergency rules are listed on the website of the Department of Labor and Economic Opportunity. Under the rule’s “Public accommodations” section, item (c) orders venues and employers to “Require patrons to wear a face covering (unless the patron is unable medically to tolerate a face covering).”
The emergency rules remain in effect until Oct. 14, 2021.
A May 14 state of Michigan press release announcing the governor’s new policy stated: “Under the updated MDHHS Gatherings and Mask Order, Michiganders who are outdoors will no longer need to wear a mask regardless of vaccination status. While indoors, fully vaccinated Michiganders will no longer need to wear a mask, but residents who are not vaccinated, or have not completed their vaccinations, must continue to wear a mask or face covering to protect themselves and others. After July 1, the broad indoor mask mandate will expire.”
The Centers for Disease Control and Prevention issued updated guidance on Thursday, saying: “Fully vaccinated people no longer need to wear a mask or physically distance in any setting, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.”
The CDC announcement acknowledges that state workplace rules have precedence over its guidance. MIOSHA has fined hundreds of businesses under the emergency orders.
“It’s confusing. Because individuals have been told they don’t have to wear masks, but the businesses still have to enforce it and if they don’t, they will face fines from MIOSHA,” said Michael Van Beek, the director of research for the Mackinac Center for Public Policy. “This just shows how ad hoc and arbitrary this system is. The problem is the state is making these decisions on the fly and they are not consistent.”
MIOSHA and the Detroit Tigers didn’t immediately respond to emails seeking comment.
Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.