Mich. Governor’s Stay-At-Home Order Leads to Lawsuits

Michigan’s governor is currently facing two federal lawsuits by plaintiffs who are challenging the state’s stay-at-home coronavirus order.

One lawsuit states that the order is unconstitutional, and the other claims that while Michiganders are forced to stay at home, motorboat use should still be permitted.

Michigan Lawsuit Says “Stay-at-Home Order” is Unconstitutional

In the first of two federal lawsuits filed against Michigan Governor Gretchen Whitmer, state residents have argued that the stay-at-home order violates constitutionally protected freedoms.

In their eyes, the constitutions of both the United States and Michigan prohibit the governments from enacting a ban that effectively restricts the freedom of residents.

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The Michigan stay-at-home constitutional violation lawsuit was filed by Kimberly Beemer, Paul Cavanaugh and Robert Muise, owners of Michigan residents and businesses.

They claim that the stay-at-home order restricts them unnecessarily, even prevents them from traveling in ways that would unlikely spread the coronavirus.

Beemer and Cavanaugh say that in addition to their main residences, they own cottages in other parts of Michigan. Because of the travel ban, they claim that they are prohibited from traveling to and from their residences. However, they assert that the travel between these two areas would not likely spread the coronavirus, because their cottages are in areas that are more remote than their main residences.

The two Michiganders assert that the executive order effectively denies them use and enjoyment of their private property. They argue that because the travel between their two residences would not likely cause further spread of the coronavirus, this restriction on their liberties and this infringement on their right to use their property “has no real or substantial reaction to promoting the objectives” of the stay-at-home order.

Muise and Cavanaugh also challenge restrictions on businesses, stating that in their roles as business owners and customers, their rights have been infringed upon. Muise argues that he is a gun owner, and because gun shops have been forced to close, his rights to bear arms has been infringed upon.

In making their case, the two resident owners note that the executive order does allow for some exceptions that according to Beemer, Cavanaugh, and Muise, are not essential.

Michigan Lawsuit Asks for Motorboats to be Permitted During Stay-At-Home Order

Another federal lawsuit against the governor does not make claims against the stay-at-home order, but asks that motorboats be included in exceptions to the state’s stay-at-home order that allow residents to continue enjoying certain recreational activities.

The Michigan motorboat lawsuit was filed by Nathan Vander Zwaag, Chase Turkstra and Henry Jon Freriks.

They claim that they each own a motorboat that they wish to use either alone or with other members of their household during the stay-at-home orders. However, they are allegedly prevented from doing so by the governor’s stay-at-home order.

The motorboat owners note that a violation of the stay-at-home order constitutes a misdemeanor, but explain that there are exceptions to the rule. Allegedly, the rule allows for outdoor physical activities to be conducted, as long as people remain at least six feet from those who do not live in the same household.

Nonetheless, the use of motorized boats is allegedly prohibited. According to Vander Zwaag, Turkstra, and Freriks, this represents an infringement on Michiganders’ right to liberty, as guaranteed by the United States Constitution, because it both restricts their right to movement and their right to use their private property.

The boat owners ask that motorboat use be permitted during the stay-at-home order, as well as other recreational activities.

Beemer, Cavanaugh, and Muise are represented by Robert J. Muise and David Yerushalmi of the American Freedom Law Center.

Vander Zwaag, Turkstra, and Freriks are represented by William A. Sikkel.

The Michigan Travel Ban Lawsuit is Kimberly Beemer, et al. v. Gretchen Whitmer in her official capacity as Governor for the State of Michigan, et al., Case No. 1:20-cv-00323, in the U.S. District Court for the Western District of Michigan.

The Michigan Motorboat Use Restriction Lawsuit is Nathan Vander Zwaag, et al. v. Gretchen Whitmer in her official capacity as Governor for the State of Michigan, et al., Case No. 1:20-cv-00325, in the U.S. District Court for the Western District of Michigan.

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