LANSING, Mich. (Michigan News Source) – It was decided in a Michigan Court of Appeals decision that was published on December 15th that local public health officials have the authority to issue emergency health orders, such as mask mandates, without the permission of their county’s elected board of commissioners.

The case in question involves six Ottawa county parents verses the Ottawa Co. Department of Public Health, their administrative health officer and the Ottawa Board of Commissioners.

Ottawa County Public Health Officer Lisa Stefanovsky had issued a mask order on August 20, 2021 requiring kids from pre-K through sixth grade to wear masks in educational institutes and settings during extracurricular activities including youth camps, youth programs, childcare centers, preschools, primary through secondary schools, vocational schools, colleges and universities. The order also included other organized activities outside the home where coursework is taught – and, of course, in school athletics. The order covered all students, teachers, administrative staff, attendees, volunteers, coaches, camp leaders and other employees.

The Ottawa County parents sued and after a hearing, the trial court decided that the order mandating masks was legally valid and enforceable. The ruling was appealed.

In the 3-0 opinion that was issued last Thursday, the Court of Appeals panel ruled against the group of Ottawa county parents who had argued that the public health director needed approval from the board before issuing a mask requirement. They said that approval from the board was needed for any “regulation” but the court disagreed.

The Court of Appeals found that the health officer had issued an “order” to control an epidemic and that was clearly within the letter of the law, setting a new precedent for not just mask mandates, but possibly for other emergency orders as well.

Appeals court Judge Jane Markey wrote in her opinion that there is also no state law requiring the local health officer to give notice or allow comment from the public either.

The ruling states that local health departments continually and diligently endeavor to prevent disease and control of disease and adopt regulations as necessary that need the local governing entity’s approval. However, Michigan’s Public Health Code grants the local health officer authority to act in certain situations including a situation where there is “imminent danger to the health or lives of individuals.” State law allows that officer to use an order to “avoid, correct or remove the imminent danger.”

State law authorizes local health departments to issue emergency orders in response to an epidemic which includes prohibiting the gathering of people and the ability to “establish procedures to be followed by persons, including a local government entity, during the epidemic.”

The important part to take notice of is the sentence “Emergency procedures shall not be limited to this code.”