Executive Order 20-005: City of Flint Executive Order on Coronavirus-Extended Curfew to May 28, 2020

WHEREAS, the novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. It is caused by a new strain of coronavirus not previously identified in humans and easily spread from person to person. There is currently no approved vaccine or antiviral treatment for this disease.

WHEREAS, on March 10, 2020, Governor Whitmer declared a State of Emergency across the State of Michigan under Section 1 of Article 5 of the Michigan Constitution of 1963, the Emergency Management Act, 1976 PA 390, as amended, MCL 30.401-.421, and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended, MCL 10.31-.33.

WHEREAS, on March 12, 2020, I issued a Declaration of Emergency, more than one week before the first cases of COVID-19 was confirmed within Genesee County. This order declared a State of Emergency to exist in the City of Flint because of the threat of COVID-19. Residents were asked to take precautionary measures. On March 22, 2020, I asked residents to participate in a voluntary shelter in place. On March 23, 2020, the City Council approved the continuation of my declaration of a State of Emergency.

WHEREAS, on March 24, 2020, Governor Whitmer instituted Executive Order 2020-21, a temporary requirement to suspend activities that are not necessary to sustain or protect life prohibiting “in-person” work that is not necessary to sustain or protect life with exceptions for essential and critical infrastructure workers. On April 9, 2020 Executive Order 2020-21 was amended through Executive Order 2020-42, replacing Executive Order 2020-21, with an expiration date of April 30, 2020 at 11:59 p.m. Order 2020-21, was subsequently replaced by Orders 2020-59 and 2020-70. The current order in place is Order 2020-77, replacing 2020-70, with an expiration date of May 28, 2020.

WHEREAS, as of May 14, 2020, the State of Michigan had 49,582 confirmed cases of coronavirus and 4,787 coronavirus related deaths. Genesee County had 1,813 confirmed cases of coronavirus and 228 coronavirus related deaths. Experts predicted 100,000 to 200,000 deaths nationwide.

WHEREAS, effective April 2, 2020, to mitigate the spread of COVID-19, protect the public health, and provide essential protections to vulnerable City of Flint residents, pursuant to Flint City Ordinance Section 14-7, I issued order 20-003 to reasonably and necessary establish a curfew to bring the emergency situation under control. I subsequently issued order 20-004 extending the curfew to May 15, 2020.

WHEREAS on April 30, 2020, finding that COVID-19 had created emergency and disaster conditions across the State of Michigan, Governor Whitmer issued Executive Order 2020-67 to continue the emergency declaration under the Emergency Powers of the Governor Act, as well as Executive Order 2020-68 to issue new emergency and disaster declarations under the Emergency Management Act.

WHEREAS, To allow further time for adequate testing to become widely available throughout the City to help stem the spread of COVID-19 for the public health, safety and welfare of City of Flint residents.

NOW, THEREFORE, I, SHELDON A. NEELEY, Mayor of the City of Flint with the authority vested in me by the City of Flint Charter and Code of Ordinances do hereby issue the following order extending the curfew from May 15, 2020 to May 28, 2020:
IT IS HEREBY ORDERED THAT:
1. Pursuant to MCL 30.410(1)(b) and Flint City Ordinances, Section 14-7, a curfew is established within the boundaries of the City of Flint from 9 p.m. to 6 a.m. During those hours, all persons are prohibited from travelling on any county or local highway, or gathering outside their homes or places of residence.

2. Excepted from this 9 p.m. to 6 a.m. curfew are travel to and from grocery stores, gas stations, banks, pharmacies, and doctors’ offices; in addition, also excepted are those directly involved in providing or obtaining essential services as described and as expanded in the Governor’s executive order 2020-77.

3. Pursuant to Flint City Code of Ordinances, Section 1-11, violation of this ordinance shall be deemed a misdemeanor.

4. This order shall remain in effect until May 28, 2020 and superseded Executive Order 20-004.

IT IS FURTHER ORDERED that as soon as possible, this Order be filed in the Office of the City Clerk and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not; create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the City of Flint, its departments, entities, officers, employees, or any other person.

Effective Date: April 15, 2020

Sheldon A. Neeley, Mayor