Michigan Appeals Court finds that bans/limits on indoor dining during Covid were unconstitutional

[bmw]

I guess better late than never.

https://www.freep.com/story/news/local/ ... 370892007/

The Michigan Department of Health and Human Services did not have the authority to prohibit restaurants from fully opening their dine-in sections, limit indoor gatherings and restrict other activities during the COVID-19 pandemic, a split Court of Appeals panel ruled Thursday.

Writing for the majority in a 2-1 opinion, Judges Michael Gadola and Mark Boonstra wrote the state law cited by MDHHS Director Elizabeth Hertel in issuing a March 2021 public health order was unconstitutional — stating the law is too vague in its delegation of authority.
...
"We find that the power delegated by the legislature to the executive in MCL 333.2253 is extremely broad and is essentially unlimited by restrictive standards," the judges wrote. "As discussed, when the scope of the authority granted by the legislature is great, the standards placed by the legislature upon the discretion of the delegee must be correspondingly more precise."

[TC Talks]

I guess better late than never.

https://www.freep.com/story/news/local/ ... 370892007/

The Michigan Department of Health and Human Services did not have the authority to prohibit restaurants from fully opening their dine-in sections, limit indoor gatherings and restrict other activities during the COVID-19 pandemic, a split Court of Appeals panel ruled Thursday.

Writing for the majority in a 2-1 opinion, Judges Michael Gadola and Mark Boonstra wrote the state law cited by MDHHS Director Elizabeth Hertel in issuing a March 2021 public health order was unconstitutional — stating the law is too vague in its delegation of authority.
...
"We find that the power delegated by the legislature to the executive in MCL 333.2253 is extremely broad and is essentially unlimited by restrictive standards," the judges wrote. "As discussed, when the scope of the authority granted by the legislature is great, the standards placed by the legislature upon the discretion of the delegee must be correspondingly more precise."

If the state bothers to appeal, it will win.

[MasterB]

I guess better late than never.

https://www.freep.com/story/news/local/ ... 370892007/

The Michigan Department of Health and Human Services did not have the authority to prohibit restaurants from fully opening their dine-in sections, limit indoor gatherings and restrict other activities during the COVID-19 pandemic, a split Court of Appeals panel ruled Thursday.

Writing for the majority in a 2-1 opinion, Judges Michael Gadola and Mark Boonstra wrote the state law cited by MDHHS Director Elizabeth Hertel in issuing a March 2021 public health order was unconstitutional — stating the law is too vague in its delegation of authority.
...
"We find that the power delegated by the legislature to the executive in MCL 333.2253 is extremely broad and is essentially unlimited by restrictive standards," the judges wrote. "As discussed, when the scope of the authority granted by the legislature is great, the standards placed by the legislature upon the discretion of the delegee must be correspondingly more precise."

If the state bothers to appeal, it will win.

No, it will not win the courts will uphold the ruling which clearly was unconstitutional.