FOR IMMEDIATE RELEASE

No. 295 – July 17, 2020

LANSING, MICH. The Michigan Department of Civil Rights today cautioned Michigan businesses and other public accommodations to make sure they follow state and federal law when enforcing rules on wearing a mask or face covering in their facilities.

“It is important to remember that along with Executive Orders and specific store policies, businesses and other public spaces must continue to follow the federal Americans with Disabilities Act (ADA) and Michigan’s Persons with Disabilities Civil Rights Act (PWDCRA) during the COVID-19 pandemic,” said Mary Engelman, Interim Director of the Michigan Department of Civil Rights. “We must ensure that people with disabilities are able to access the same goods and services that we all enjoy.”

Executive Order No. 2020-153 mandates businesses:

• Post notice of the requirement to wear a face covering where all can see;
• Enforce this face covering requirement; and
• Provide for exceptions, including the exception for those who cannot medically tolerate wearing one.
• May not assume that an unmasked customer cannot medically tolerate a face covering, though they may accept a customer’s verbal representation to that effect.

With or without a mandate, a business must make choices about how to implement its ‘no mask, no service’ policy. It must enforce the policy for everyone, while also remaining in compliance with the ADA and PWDCRA. It can do so by doing one of three things:

1. Provide anyone who does not wear a face covering, for whatever reason, an alternative to entering without a face covering (examples might include having staff shop for them, providing carryout service, etc.);
2. Engage in a dialogue with each individual who is not wearing a face covering to determine if, due to a disability, the business can provide a reasonable accommodation/modification of the policy for this individual (this might include allowing a face shield, or any of the examples above); or
3. Allow entry to anyone who indicates they cannot medically tolerate a face covering, while excluding others whose reasons for not wearing one are not covered in the EO or are not covered under the ADA or PWDCRA.

It is important to remember that under the ADA, if a reasonable accommodation for a person with a disability is available, the business must provide one. If a business or public space offers a reasonable accommodation and the individual rejects it, or if an accommodation is not possible, the business may deny entry to that individual.

“Michigan businesses are facing unprecedented challenges in providing essential goods and services while protecting the health and well-being of both their employees and their customers,” said Engelman. “This guidance is designed to give business owners a simple decision matrix to help them remain in compliance with the Executive Order and all applicable civil rights laws.”

The Michigan Civil Rights Commission was created by the Michigan Constitution to safeguard constitutional and legal guarantees against discrimination. The Commission is charged with investigating alleged discrimination against any person because of religion, race, color or national origin, genetic information, sex, age, marital status, height, weight, arrest record, and physical and mental disability. The Michigan Department of Civil Rights serves as the operational arm of the Commission.

Information around this outbreak is changing rapidly. The latest information is available at Michigan.gov/Coronavirus and CDC.gov/Coronavirus

FOR IMMEDIATE RELEASE
July 17, 2020
Media Contact: [email protected]

Governor Whitmer Strengthens Executive Order on Masks

Governor’s order offers clarification for businesses, polling places, public safety officers

LANSING, Mich. — Today, Governor Gretchen Whitmer signed Executive Order 2020-153, which strengthens her previous order requiring all Michiganders to wear a mask in indoor public spaces and crowded outdoor spaces. This new order clarifies that businesses may not assume that an unmasked customer cannot medically tolerate a face covering, though they can accept a customer’s verbal representation to that effect. It also requires public safety officers to wear a face covering unless doing so would seriously interfere in the performance of their responsibilities, and clarifies that wearing a mask at a polling place for purposes of voting in an election is not required, but strongly encouraged.

“Wearing a mask is the right thing to do to protect our families, our businesses, and our economy,” said Governor Whitmer. “If everyone in Michigan masks up, we can save thousands of lives and put ourselves in a better position to send our kids back to school in the fall. For the safety of our loved ones and our dedicated first responders on the front lines: mask up, Michigan.”

“COVID-19 is far from over – people are still getting sick and dying,” said Katie Scott, RN, vice president of the Michigan Nurses Association. “As a nurse, I’m worried that many people are not taking the pandemic seriously enough. Don’t wait until COVID happens to you or a loved one to take action. Wearing a mask is a simple step that protects everyone.”

EXCEPTIONS TO THE GOVERNOR’S ORDER

Although a face covering is strongly encouraged even for people who are not required to wear one, the requirement to wear a face covering does not apply to individuals who, among other things:

• Are younger than five years old;
• Cannot medically tolerate a face covering;
• Are eating or drinking while seated at a food service establishment;
• Are exercising when wearing a face covering would interfere in the activity; or
• Are at a polling place for purposes of voting in an election.

Over the past two weeks, every region in Michigan has seen an uptick in new cases, and daily case counts now exceed 20 cases per million in all but one region in the state. Research confirms that a big part of the reason is spotty compliance with the governor’s requirement that individuals wear face coverings in public spaces.

Studies have shown that wearing a mask can save lives and significantly lover an individual’s chance of spreading COVID-19. A study on different regions in Germany, for example, suggests that the adoption of mandatory mask ordinances decreased the daily growth rate of COVID-19 infections by 40%. Modeling from the University of Washington similarly indicates that more than 40,000 lives would be spared nationwide if 95% of the population wore a mask while in public. Furthermore, a study conducted by Goldman Sachs concluded that a federal mask mandate could save the U.S. economy from taking a 5% hit to our GDP.

To view Executive Order 2020-153, click the link below:

• EO 2020-153 Emerg order – Masks – re-issue.pdf

The Michigan Community Service Commission (MCSC) announced today that it will receive $2,222,811 over three years from the Corporation for National and Community Service (CNCS) to support volunteerism in Michigan. The funding will support organizations in their response to COVID-19 by identifying resources and collaborating regionally to meet compelling needs.

CNCS, the federal agency responsible for AmeriCorps and other national service programs, will provide the funds through the Volunteer Generation Fund (VGF) to expand volunteerism across the country. This is the largest VGF award Michigan has ever received.

“This important funding is critical for Michigan’s recovery,” said Robert Kolt, chair of the MCSC. “In a crisis, people want to help. Safely coordinating volunteers takes time and money, and this federal funding will help support efforts in our communities. Effective volunteer efforts don’t begin and end overnight, this multi-year federal funding commitment is essential in combating the virus.”

MCSC, the state’s lead agency for volunteerism, will use the funding to strengthen the infrastructure and capacity of nonprofits, corporations and state government to utilize best practices that lead to increasing the number of Michigan volunteers across the state.

The project will use innovative technology systems to support skills-based volunteerism, virtual volunteering and employee and youth engagement to make meaningful impact. The technology systems will capture data to make informed decisions and serve as a catalyst for inspiration and recognition.

“Virtual and skills-based volunteering are not new concepts, but the pandemic is forcing change at a greater speed,” said Ginna Holmes, MCSC executive director. “Communities and regions of the state are looking for integrated approaches to enhance resiliency in the nonprofit sector.”

Information around this outbreak is changing rapidly. The latest information is available at Michigan.gov/Coronavirus and CDC.gov/Coronavirus.

Background
The Michigan Community Service Commission (MCSC) utilizes service as a strategy to address the state’s most pressing issues and empowers volunteers to strengthen communities. In 2019-2020, the MCSC is leveraging more than $21 million in federal funds to local communities for volunteer programs and activities. Michigan’s AmeriCorps, Volunteer Michigan and Mentor Michigan are also premier programs of the MCSC. Visit www.michigan.gov/volunteer for more information.