Eo 2020-133

EXECUTIVE ORDER
No. 2020-133
Restarting professional sports
The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness
or death. It is caused by a new strain of coronavirus not previously identified in humans
and easily spread from person to person. There is currently no approved vaccine or antiviral
treatment for this disease.
On March 10, 2020, the Department of Health and Human Services identified the first two
presumptive-positive cases of COVID-19 in Michigan. On that same day, I issued Executive
Order 2020-4. This order declared a state of emergency across the state of Michigan under
section 1 of article 5 of the Michigan Constitution of 1963, the Emergency Management Act,
1976 PA 390, as amended (EMA), MCL 30.401 et seq., and the Emergency Powers of the
Governor Act of 1945, 1945 PA 302, as amended (EPGA), MCL 10.31 et seq.
Since then, the virus spread across Michigan, bringing deaths in the thousands, confirmed
cases in the tens of thousands, and deep disruption to this state’s economy, homes, and
educational, civic, social, and religious institutions. On April 1, 2020, in response to the
widespread and severe health, economic, and social harms posed by the COVID-19
pandemic, I issued Executive Order 2020-33. This order expanded on Executive Order
2020-4 and declared both a state of emergency and a state of disaster across the State of
Michigan under section 1 of article 5 of the Michigan Constitution of 1963, the Emergency
Management Act, and the Emergency Powers of the Governor Act of 1945. And on April 30,
2020, finding that COVID-19 had created emergency and disaster conditions across the
State of Michigan, I issued Executive Order 2020-67 to continue the emergency declaration
under the Emergency Powers of the Governor Act, as well as Executive Order 2020-68 to
issue new emergency and disaster declarations under the Emergency Management Act.
Those executive orders have been challenged in Michigan House of Representatives and
Michigan Senate v Whitmer. On May 21, 2020, the Court of Claims ruled that Executive
Order 2020-67 is a valid exercise of authority under the Emergency Powers of the Governor
Act but that Executive Order 2020-68 is not a valid exercise of authority under the
Emergency Management Act. Both of those rulings are being challenged on appeal.
On May 22, 2020, I issued Executive Order 2020-99, again finding that the COVID-19
pandemic constitutes a disaster and emergency throughout the State of Michigan. That
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order constituted a state of emergency declaration under the Emergency Powers of the
Governor Act of 1945. And, to the extent the governor may declare a state of emergency and
a state of disaster under the Emergency Management Act when emergency and disaster
conditions exist yet the legislature has declined to grant an extension request, that order
also constituted a state of emergency and state of disaster declaration under that act.
The Emergency Powers of the Governor Act provides a sufficient legal basis for issuing this
executive order. In relevant part, it provides that, after declaring a state of emergency, “the
governor may promulgate reasonable orders, rules, and regulations as he or she considers
necessary to protect life and property or to bring the emergency situation within the
affected area under control.” MCL 10.31(1).
Nevertheless, subject to the ongoing litigation and the possibility that current rulings may
be overturned or otherwise altered on appeal, I also invoke the Emergency Management
Act as a basis for executive action to combat the spread of COVID-19 and mitigate the
effects of this emergency on the people of Michigan, with the intent to preserve the rights
and protections provided by the EMA. The EMA vests the governor with broad powers and
duties to “cop[e] with dangers to this state or the people of this state presented by a disaster
or emergency,” which the governor may implement through “executive orders,
proclamations, and directives having the force and effect of law.” MCL 30.403(1)–(2). This
executive order falls within the scope of those powers and duties, and to the extent the
governor may declare a state of emergency and a state of disaster under the Emergency
Management Act when emergency and disaster conditions exist yet the legislature has not
granted an extension request, they too provide a sufficient legal basis for this order.
To suppress the spread of COVID-19, to prevent the state’s health care system from being
overwhelmed, to allow time for the production of critical test kits, ventilators, and personal
protective equipment, to establish the public health infrastructure necessary to contain the
spread of infection, and to avoid needless deaths, it was reasonable and necessary to direct
residents to remain at home or in their place of residence to the maximum extent feasible.
To that end, on March 23, 2020, I issued Executive Order 2020-21, ordering all people in
Michigan to stay home and stay safe. In Executive Orders 2020-42, 2020-59, 2020-70, 2020-
77, 2020-92, 2020-96, and 2020-110, I extended that initial order, modifying its scope as
needed and appropriate to match the ever-changing circumstances presented by this
pandemic.
The measures put in place by these executive orders have been effective: the number of new
confirmed cases each day continues to drop. Although the virus remains aggressive and
persistent—on June 24, 2020, Michigan reported 61,953 confirmed cases and 5,868
deaths—the strain on our health care system has begun to relent, even as our testing
capacity has increased. We are in the process of gradually resuming in-person work and
activities.
Fortunately, we are now in a position to allow professional sports to resume, subject to

COVID-19 safety plans that are consistent with guidance from the Centers for Disease
Control and Prevention and the Michigan Department of Health and Human Services.
Those sports must be played, however, without live audiences for the time being.
2
Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:
1. Notwithstanding the gathering, event, and capacity restrictions outlined in sections

5 and 6 of Executive Order 2020-110 and section 7 of Executive Order 2020-115,
professional sports leagues and teams may resume operations, provided that:
(a) No live audiences are allowed, except for staff of the facility at which a sporting
event is held and media personnel reporting on, filming, or otherwise
documenting the sporting event.
(b) The activities are conducted pursuant to a COVID-19 safety plan that is
consistent with any guidance from the Centers for Disease Control and
Prevention and the Michigan Department of Health and Human Services.
(c) Participants maintain six feet of distance from one another to the extent
compatible with the sporting activity.
2. Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a
misdemeanor.
Given under my hand and the Great Seal of the State of Michigan.
Date: June 25, 2020 ___________________________________

GRETCHEN WHITMER
Time: 4:01 pm GOVERNOR
By the Governor:
___________________________________
SECRETARY OF STATE

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EXECUTIVE ORDER

Restarting professional sports

Fortunately, we are now in a position to allow professional sports to resume, subject to

1. Notwithstanding the gathering, event, and capacity restrictions outlined in sections

Date: June 25, 2020 ___________________________________

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