Dive Brief:
The Associated Builders and Contractors of Michigan has filed a lawsuit against Michigan Gov. Gretchen Whitmer and two other state officials and is asking the state's court of claims to scuttle two emergency COVID-19 safety orders the association said are unconstitutional. The ABC of Michigan's co-plaintiff is a local landscape contractor, DJ's Lawn Service Inc. doing business as DJ's Landscape Management.
The lawsuit focuses on two of Whitmer's executive orders, No. 2020-96 and No. 2020-97. The nonprofit Mackinac Center for Public Policy, along with the Miller Johnson law firm, filed the complaint on behalf of the ABC of Michigan and DJ's Lawn, saying the orders' strict safety measures — i.e. temperature taking and social distancing — were implemented outside the legislative process. The center also said the governor overreached and raised the potential penalty for violating the orders from a statutory 90-day jail sentence and a $500 fine to a potential felony punishable by a three-year jail sentence and up to $70,000 per occurrence.
The plaintiffs have asked the court to declare Order No. 2020-97 invalid and No. 2020-96 unenforceable, saying that the two orders violate the U.S. and Michigan constitutions. The lawsuit also asks the court to prevent Whitmer, the state's Attorney General's Office and the Michigan Department of Health and Human Services from enforcing the two executive orders.
More at:
https://www.constructiondive.com/news/abc-of-michigan-files-suit-against-governor-over-unconstitutional-safety/578649/