Restaurants fear new contact information gathering requirements by Michigan's health department could deter even more business. | Unsplash
Restaurants fear new contact information gathering requirements by Michigan's health department could deter even more business. | Unsplash
After imposing vague data collection requirements on Michigan’s food-service industry, the state health department responded to complaints with some clarifications.
Under the Michigan Department of Health and Human Services’ (MDHHS) contact-tracing regulations, restaurants, bars and other indoor businesses -- like stadiums, gyms and salons -- must ask for customers’ names and phone numbers, according to Michigan.gov.
The rules have caused confusion among businesses and some consternation among customers, Bridge Michigan reported.
“We have had hundreds and hundreds of calls from our members about this,” said Justin Winslow, CEO of the Michigan Restaurant & Lodging Association (MRLA), as reported by Bridge Michigan.
According to MDHHS's clarifications, the department stated they “recommend” that establishments deny service to noncompliant customers, but this new wording leaves the decision up to the business.
Other clarifications include that only a customer’s name and phone number is necessary, not an address, and the collection of children’s information is not necessary but encouraged. If a patron supplies false information, restaurants will not be held responsible; however, they must keep whatever information is provided on file for 28 days. Information will be kept confidential until a state or local health department requests it or it is subpoenaed.
Failure to ask for contact information on the part of a business is a misdemeanor offense, punishable by up to six months in jail and a $1,000 fine.
Information collection for contact-tracing purposes was struck down in Washington state over privacy issues, and this remains a concern in Michigan. Winslow reported that some members of MRLA experienced pushback from customers on the first day the rules were implemented.
“It’s a potential deterrence and frustration among patrons,” Winslow said, as reported by Bridge Michigan. “It feels like it could be creating an awful lot of strife and turmoil for very little payback.”
The MDHHS assured businesses that information would be used only to prevent the spread of COVID-19 and not sold for any reason.
“This additional guidance should give people confidence that their personal information will be kept private and used for the very limited purpose of stemming the spread of COVID-19,” said Bonsitu Kitaba, American Civil Liberties Union of Michigan deputy legal director, according to Bridge Michigan.
These newest strictures imposed on restaurants exacerbate business fears in an already struggling industry. A poll reported by Bridge Michigan indicated that 20% of restaurants may not be in business by spring of 2021.
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