Capitol News

Social media recently exploded with images of store shelves cordoned off with yellow caution tape after an April 9 executive order by Michigan Gov. Gretchen Whitmer forced retailers to stop the sale of any items deemed non-essential.

One report even showed tape strung in front of a display of fruit and vegetable seeds. Rori Jean Trench, executive director of the Fulton Street Market in Grand Rapids, told radio station KWAM that all plant sales were banned, even seedlings people might use to grow food at home.

In addition, updates to Whitmer’s stay-at-home-order significantly restrict travel considered non-essential, even prohibiting Michigan residents from moving from one residence they own to another that they own during the duration of the order. Now some organizations are saying Whitmer’s orders have gone too far, and one – Citizens for Self-Governance – has even threatened to sue to challenge the constitutionality of the orders.

Mark Meckler, president and founder of Citizens for Self-Governance and Convention of States Action, said in a statement that the current health crisis warrants common sense precautions.

“But as self-governing American citizens, we must be on guard against the tendency of government officials to use public fear as an excuse to usurp our fundamental freedoms,” he said.

In recent reporting by Bridge, Brian Tillery, a Lansing man trying to stay afloat financially during the crisis by performing home repairs, questioned some of the distinctions made between essential and non-essential products that can be purchased under the latest order.

“I just don’t understand,” Tillery said. “You can put up drywall but you just can’t paint it right now because that’s not essential.”

Even advertising a vacation rental is prohibited under the latest order, regardless if it is rented out during the duration of government restrictions.

“We believe that Gov. Whitmer's order likely does exceed constitutional bounds,” Meckler said. “The U.S. Supreme Court has made it clear that even during times of emergencies, executive orders that restrict fundamental rights must be narrowly tailored to meet the compelling government interest at hand. Governors who do not heed that essential limitation must be challenged."