Michigan’s COVID-19 restrictions on restaurants were unconstitutional, appellate court rules

The state’s health department did not have the authority to impose restrictions on restaurants to prevent the spread of COVID-19, a split Michigan Court of Appeals ruled Thursday. In the 2-1 ruling, Judges Mark Boonstra and Michael Gadola said the order by the Michigan Department of Health and Human Services was “an unconstitutional delegation of legislative power.” MDHHS in issuing the order “is extremely broad and is essentially unlimited by restrictive standards.”