MUSKEGON, Mich. — A Muskegon County judge determined that a Norton Shores landscaping company was violating the state's stay at home order.
Land Scape Supplies LLC was issued a cease and desist letter from Attorney General Dana Nessel and Muskegon County Prosecutor DJ Hilson after witnesses told police that business was still operating. They were reportedly delivering mulch, providing lawn care services and putting fliers in mailboxes.
The April 14 letter notes that under Gov. Gretchen Whitmer's stay at home order, landscaping services are not classified as essential business. "A business cannot designate workers to perform these services unless the service is necessary to maintain the safety, sanitation, and essential operations of a residence," guidance from the state says.
Whitmer's stay at home order is in effect until May 1, and it only allows for essential businesses to keep operating. It was enacted to help curb the spread of coronavirus; Michigan has 32,000 cases of COVID-19 and more than 2,400 people have died from the disease.
After receiving the cease and desist, Land Scape Supplies challenged the directive in court. Certain functions, like hauling waster and compost, are considered essential under the executive order. The Norton Shores company received a letter from the Michigan Department of Environment, Great Lakes and Energy saying it was permitted to carry out those services.
However, the attorney general's office said the company misinterpreted the letter from EGLE and read it as confirmation they could keep operating. Employees delivering fliers were also confronted by police.
Muskegon County Circuit Court Judge Timothy Hicks issued an opinion Friday, April 17 agreed with prosecutors that Land Scape Supplies was violating the order.
In the opinion, Hicks acknowledged that the case presents, "important questions about the Governor's Executive orders, issued during these extraordinary times created by the COVID-19 emergency."
However the official opinion from the court does not engage in "the wisdom of the order. That topic is left for other discussion in other forums," Hicks wrote.
The Muskegon County judge said this is probably the first of many cases that will be presented related to the way COVID-19 has disrupted life in Michigan and around the country. Whitmer is facing a couple of lawsuits related to the sweeping stay at home order, including from landscapers.
“When it comes to the COVID-19 pandemic, Michigan is not out of the woods yet,” Nessel said. “New positive cases of the virus continue to be reported each day, and more people continue to die. This virus is not something to be taken lightly, and I appreciate Prosecutor Hilson for his efforts to help protect the people of Muskegon County."
Muskegon County has 149 confirmed cases of COVID-19 and seven people have died from the virus.
Violations of the stay at home order can result in a $500 fine and/or 90 days in jail for each offense.
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