Sheriff: Some businesses ‘pushing boundaries’ of lockdown order

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With top state officials projecting the crest of detected COVID-19 cases in Michigan to still be “several weeks” away, many nonessential businesses may be forced to remain shuttered through at least the end of April. And Greater Lansing appears to be taking it in stride.

But while many entrepreneurs have fallen into compliance over the last week, either telling their employees to work from home or closing their doors altogether, some retailers across Greater Lansing have needed an occasional nudge from law enforcement over the last few days.

“We’ve received some guidance from the state, but there have been some people pushing the boundaries of this order by three or four extra degrees of separation,” explained Ingham County Sheriff Scott Wriggelsworth. “It’s not quite as easy to enforce as people would believe.”

Businesses that may remain open must screen their employees daily for the virus, including taking their temperature and asking if they have any other symptoms. Ingham County Health Office Linda Vail executed the emergency order over the weekend.

Despite federal guidance released last week that suggests nationwide social distancing measures should remain in place until at least April 30, Gov. Gretchen Whitmer, as of Tuesday afternoon, hasn’t yet extended her “Stay Safe, Stay Home” order in Michigan beyond April 13.

At least until then, many businesses that haven’t been deemed as a “critical infrastructure” workplace will be required to keep shops closed. But that order has left some room for entrepreneurial interpretation and required several warnings, authorities told City Pulse.

Officials wouldn’t elaborate on which businesses were warned, but cited no ongoing problems. Wriggelsworth said his deputies have fielded calls about gun shops and golf courses, but none remain operational in Ingham County.

“I expect that we’ll have to do something more eventually but we’re trying to use direct enforcement as a last resort,” Wriggelsworth said. “For the most part, I’m impressed with how willing the public has been to comply with this order, as difficult as enforcement might be.”

“Critical” employers are broadly defined into several categories, including health care; food and farming; waste treatment; law enforcement and public works; transportation and logistics; communications and information technology; critical manufacturing; and financial services.

State officials have since clarified the rules over the last week. The “essential” employee list now includes those in child care; the insurance industry; critical labor union functions; charitable efforts and “minimum basic operations” to maintain their inventories, equipment and security.

Authorities have also closed down bottle returns; golf courses; RV and car dealerships; most bike shops and construction projects; real estate brokers; shooting ranges; tobacco shops and hookah lounges; car washes; massage parlors; craft and fabric stores and furniture deliveries.

The order must be construed broadly to prohibit in-person work that is not necessary to sustain or protect life. In close or doubtful cases, employers should not designate workers for in-person work. The takeaway: Better to be safe than worry; Don’t prioritize profits over safety.

Attorney General Dana Nessel has instructed residents to contact local law enforcement (on their non-emergency numbers) to report suspected businesses in violation. And Wriggelsworth said that gives his deputies discretion to decide what is deemed essential.

“We’ll hear them out as to why they think they’re essential,” Wriggelsworth said. “It can be a pickle for us. We’re getting calls, making contact with those businesses, listening to their spiels and making decisions from there. Some of them made sense. For the most part, it’s been fine.”

At least two Joann Fabric and Crafts stores in Lansing were open to the public until Tuesday. Late Tuesday, Nessel said the stores may stay open but only for curbside pick-up. Joann executives had argued their stores were essential because people could buy materials there to make masks. Nessel ruled that such needs could be met through online orders and curbside pick-up.

At least two tobacco shops were also open in Lansing last week but appear to have since closed.

The Lansing Police Department is referring to businesses and citizens to first review the governor’s order. Businesses that are in apparent violation are warned and eventually ticketed. Several warnings have been issued; Officials declined to elaborate on which types of businesses.

“All that have been contacted are explained the executive order in detail and asked to comply,” according to a recent statement from an LPD spokesman. “This has proven to be successful.”

Ingham County Prosecutor Carol Siemon said her focus, as of last week, was about warnings and education. But she recognized that misdemeanor charges will likely be issued in the future. Those tickets, if issued, wouldn’t be processed until local courtrooms resume usual operations.

She advises local cops to first warn suspected violators, check back the next day and issue tickets only if they remain in “clear violation” of the order. An emphasis, as recommended by state officials, should be placed on businesses that directly support, sustain or protect life, she said.

Under executive order, nonessential medical operations and surgeries are also supposed to be postponed until after the state of emergency has been lifted. Many surgery centers and hospitals in Lansing had called off elective operations by late last week.

Those violations could also be misdemeanors, but a spokeswoman for Nessel’s office last week told MLive that the state wouldn’t “dictate services physicians choose to perform” and “won’t interfere with the doctor/patient relationship,” leaving doctors with near-unilateral discretion.

Under Whitmer’s executive order, restaurant dining rooms also remain closed, alongside other places like gyms, spas, theaters, hair and nail salons, tattoo shops and other retail operations.

The empty streets have also curbed reports of crime and other emergencies, officials said.

“As more and more people are getting sick, I think the seriousness of this pandemic is really starting to set in with people,” Wriggelsworth added. “We were worried that we’d be busier than usual, just with all the unknown, but it has actually been quite the opposite. It’s quiet.”

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