Gov. Gretchen Whitmer's enhanced penalties for those who violate her orders were found invalid in a court ruling. | Facebook
Gov. Gretchen Whitmer's enhanced penalties for those who violate her orders were found invalid in a court ruling. | Facebook
The state's Court of Claims has ruled that Gov. Gretchen Whitmer's executive order regarding penalties for violations of workplace safety measures during the COVID-19 pandemic is against Michigan law.
The ruling was made June 4.
“As a nation and as a state, we protect individual rights through the separation of powers,” Patrick Wright, Mackinac Center Legal Foundation director and Mackinac Center for Public Policy legal affairs vice president, told the Mackinac Center for Public Policy. “Here, the Court of Claims rebuked the governor for seeking to make her own law, to dramatically increase potential penalties and to enforce it through an agency she directly controls.”
The ruling came after a lawsuit was filed by the Mackinac Center Legal Foundation for the Associated Builder and Contractors of Michigan against Executive Order 114.
In Executive Order 114, which took the place of Executive Order 97, "strict workplace safety measures" were put in place, according to the Mackinac Center. These safety measures would increase the penalties for anyone who violated Whitmer's executive orders.
In Executive Order 97, anyone who violated executive orders could receive a 90-day jail sentence and up to a $500 fine. In Executive Order 114, the penalties increase to facing three years in jail and up to a $70,000 fine per violations.
In the ruling, Judge Christopher Murray said Whitmer's enhanced penalties are invalid because the governor doesn't actually have the authority to implement such an order under the Emergency Powers of Governor Act or the Emergency Management Act, according to the Mackinac Center.
“The court defended Michigan workers today, striking down Gov. Whitmer’s attempt to weaponize MIOHSA against safe jobsites that are taking good faith precautions to combat COVID-19,” Jeff Wiggins, ABC Michigan state director, told the Mackinac Center. “This decision allows more than 100,000 craft trades professionals to continue operating safely without the threat of multiple, arbitrary and significant fines or other MIOHSA penalties.”
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