MARQUETTE — With a recent surge in COVID-19 cases in the Upper Peninsula, Gov. Gretchen Whitmer issued an executive order Friday moving the region back to phase four of the MI Safe Start Plan, state officials say.

However, just hours after the order, which would become effective at 12:01 a.m. this coming Friday, the Associated Press reported that the Michigan Supreme Court announced a decision striking down Whitmer’s orders, on the grounds that her authority was drawn from a law deemed unconstitutional.

In a statement issued Friday evening, Whitmer said:

“It is important to note that this ruling does not take effect for at least 21 days, and until then, my emergency declaration and orders retain the force of law. Furthermore, after 21 days, many of the responsive measures I have put in place to control the spread of the virus will continue under alternative sources of authority that were not at issue in today’s ruling.”

According to a release issued by the governor’s office prior to the announcement of the Supreme Court decision, the U.P. — referred to as Michigan Economic Recovery Council Region 8 — will be subject to the following requirements:

≤ People who can perform their work remotely will be required to do so.

≤ Social gatherings and organized events will be subject to the new phase four restrictions with indoor residential gatherings limited to 10 people or less. Indoor non-residential gatherings may allow more people, depending on the size of the facility and formulas outlined in the order.

≤ Stores of less than 50,000 square feet must limit the number of people in-store, including employees, to 25% of total occupancy limits. Stores of 50,000 square feet or more must limit customers to no more than 20 people per 1,000 square feet of customer floor space and allow two hours a week of dedicated shopping time for vulnerable populations.

≤ Schools must require face coverings at certain times, including in the classroom, among other requirements.

Despite the delayed implementation of the order, the release advises that given the surge in cases, “everyone should make this transition as swiftly as possible.”

The current case increase in the U.P. accounts for the “most concerning numbers in the state,” the release states.

The most recent case rate, adjusting for lag, has the region with 283 absolute cases per million and a 5.1% positive rate.

Although the Upper Peninsula had very low numbers from March through most of June, according to the release, the region’s numbers began rising in late June and persisted at an elevated level through mid-September, when the numbers began sharply increasing.

“After seeing the increase in cases in the U.P. region over the past several weeks and consulting with medical experts, I have decided to take action to protect U.P. families and move the region back a phase. I know this is hard. I know it will be an adjustment. But we can’t let our guard down,” Whitmer said in the release. “COVID-19 is still a very real threat to our families, frontline workers and small businesses. Everyone should implement these changes as swiftly as possible. This virus doesn’t care if you’re rich or poor, a Republican or a Democrat, young or old. No one is immune. Right now the most effective weapon we have is pretty simple: It’s wearing a mask that covers your nose and mouth. It’s washing your hands with soap and water. And maintaining six feet of physical distance from one another. Let’s all be smart and stay safe.”

Chief Medical Executive and Michigan Department of Health and Human Services Chief Deputy for Health Dr. Joneigh Khaldun said the governor is taking necessary action “to protect families, frontline workers, and vulnerable populations in the U.P.

“We will continue to monitor the spread and work together to fight this virus. With the 2020-21 flu season fast approaching, we must also stay laser-focused on protecting ourselves and our loved ones. Get your flu vaccine, wear a mask and maintain six feet of physical distancing. We will get through this together.”

Copper Country Intermediate School District Superintendent George Stockero met with Whitmer and shared local challenges presented by the pandemic.

“Now, it’s on all of us to do our part to protect each other,” Stockero said. “Let’s get our numbers down by wearing a mask, practicing social distancing and washing our hands frequently. Yoopers are tough, and we will beat this virus together.”

Negaunee business closes down temporarily due to COVID-19 exposure

Midtown Bakery and Cafe in downtown Negaunee has been closed since Wednesday due to a reported exposure to the coronavirus. According to a post on the restaurant’s Facebook page, Midtown will remain closed until Oct. 12.

State to allow up to 59 weeks of unemployment benefits

The Michigan Unemployment Insurance Agency announced Thursday that the unemployment insurance benefits period has been lengthened under the Federal Extended Benefits program.

The program provides an extension of benefits to those who can establish or have established a state unemployment claim.

The UIA implements the extended benefits program, which pays unemployment benefits during periods of high unemployment to workers who exhausted their basic entitlement to regular state and federal Pandemic Emergency Unemployment Compensation benefits, the release states.

“EB provides up to 20 weeks of additional benefits to workers who have exhausted their regular benefits (26 weeks maximum) and PEUC (13 weeks),” the release states. “Primarily federally funded, the EB program kicks in when the state’s unemployment rate averages 8% or higher for three consecutive months.”

Eligibility for extended benefits will be determined in the same manner as regular unemployment benefits, according to the release.

“Claimants must be unemployed or underemployed and be able to work and available for work. The program’s weekly benefit amount is the same as the individual received for regular state unemployment insurance,” the release states. “Claimants can expect to be notified through their chosen communication method of the extension. They must continue to file their biweekly certification and will not need to complete a separate application.”

Lisa Bowers can be reached at 906-228-2500, ext. 242. Her email address is lbowers@miningjournal.net.