Michigan Restaurants Sue MDHHS Over Coronavirus Restrictions
MICHIGAN — The Michigan Restaurant & Lodging Association has filed a federal lawsuit against the Michigan Department of Health and Human Services over coronavirus restrictions that prohibit indoor dining.
The lawsuit, filed Tuesday in Michigan's Western District Court, argues that the state violated the rights of Michigan businesses and seeks to have the court rule that the orders are unconstitutional as such.
Justin Winslow, the CEO of the Michigan Restaurant & Lodging Association, said the agency took "several good faith efforts" in advance of the Sunday order, which restricted indoor and outdoor gatherings in Michigan and prohibited eateries across the state for indoor service. Winslow said the lawsuit was the "last available option to prevent the outright devastation of restaurant operators and their hundreds of thousands of employees across the state."
"We are hopeful for a swift and decisive victory in court so restaurant operators may return to what we know they do best — adding value to our lives and our economy by providing a great meal and exceptional hospitality in a safe, socially distanced, sanitized and regulated environment," Winslow said.
MRLA survey data suggests more than 40 percent of restaurants will close, at least temporarily, if dining rooms are closed, and that about 250,000 employees are likely to be laid off from restaurants over the holiday season.
If the closure is prolonged and federal stimulus dollars are not made immediately available, upwards of 6,000 more restaurants will permanently close by spring, the association projects. It also said roughly 2,000 restaurants have already closed their doors permanently in Michigan in 2020.
"Closing the restaurant industry will again wreak havoc on the supply chain, which will have an outsized impact on Michigan’s broader economy and possibly imperil basic supplies from reaching Michiganders," Winslow said.
Michigan Gov. Gretchen Whitmer, along with MDHHS Chief Deputy for Health Joneigh Khaldun and MDHHS Director Robert Gordon, who is named in the lawsuit, announced the restrictions Sunday after the state saw a significant uptick in new cases and deaths stemming from the coronavirus.
Among the restrictions, a request that indoor residential gatherings are limited to two households at any one time, and that families should only interact with one other household over the next three weeks.
"This situation has never been more dire," Whitmer said during a news conference announcing the restrictions Sunday. "As the weather gets colder and people spend more time indoors, the virus will spread and more people will get sick and there will be more fatalities."
But the restrictions, which take place Wednesday and will remain in effect for three weeks until Dec. 8, are too much, according to some state officials who now are calling for the impeachment of Gov. Gretchen Whitmer.
Matt Maddock, a state representative who represents parts of Oakland County, said Whitmer "crossed the line" with the restrictions, and he is calling for the governor's impeachment over the issue.
In responding to Maddock's tweet, Tiffany Brown, a spokeswoman with Whitmer's office, told WXYZ the governor doesn't have time for "partisan politics or people who don't wear masks, don't believe in science, and don't have a plan to fight this virus."
"Right now, she is focused on saving lives," Brown said. "The governor will continue to work hard for all 10 million Michiganders. This is about Michigan vs. COVID-19. Governor Whitmer doesn't care if you're a Trump Republican or a Biden Democrat. We are all in this together."
GOP lawmakers in Michigan had their own gripes with the restrictions, with Senate Majority Leader Mike Shirkey on Sunday issuing a statement that criticized Whitmer for not working more with Republican legislators and instead going on her own to issue the restrictions.
"The Senate Republicans will continue working with our doctors and the medical community on ways we can combat this virus and are ready to work with the governor when she decides to work as a team to fight this virus," he said.
This article originally appeared on the Detroit Patch
