Downtown Ludington March 31, 2020 at 10 AM:  Ghost town, one parked car, no people, few businesses open

Many Michiganders are blissfully unaware that they are effectively in a state with an ever-increasing degree of martial law taking hold.  Under recent executive orders, state courts, state legislative bodies, and local public bodies, have been restricted from acting under the standing compiled laws and court rules they normally follow.  This inhibits the usual checks and balances the state Constitution follows, and allows the governor a wide range of powers in this declared state of emergency.

Many Michigan residents, including business owners targeted by restrictions or closures, are living or doing business in a de facto state of martial law, the only thing missing is the declaration of that condition.  Some could even say that without martial law being declared, the governor’s executive orders and police power actions are legally suspect at best and deeply unconstitutional at worst.

Nationally, love him or hate him, President Donald Trump's directives have been issued as guidelines backed by respected health professionals and a COVID-19 task force who daily share updates explaining why the guidelines are sound and should be followed.  The federal response has been well-measured, proportional, and respectful of the rights of all.  

At the state level, Governor Gretchen Whitmer's objectives have been presented as orders and as law, with mandates that often seem arbitrary or disproportional.  Rather than support her actions through medical personnel and science, she uses her time in front of the camera to describe the complexities of her new rules and the penalties for not following them.  Individual rights, scientific reasoning and economic concerns rarely, if ever, are considered.  In 2020, Whitmer is on schedule to write more executive orders than Rick Snyder did in his two terms as governor.

Are people more likely to follow reasonable guidelines or baseless orders?  Should our leaders consider all aspects behind public policy or just the most sensational aspects?  Should our response in this time of crisis involve using the strength of the 'invisible hand' of free markets working towards a common goal, or the 'retributive hand' of an autocrat using their position to enforce their will upon private businesses and individuals?

These are some of the differences between the approach used by the federal government and Michigan (and a few other states) in this time of crisis.  It mirrors the eternal political philosophy debate between capitalism and socialism.  And while neither Trump's or Whitmer's approach is absolutely aligned against the other or with the ideals of the corresponding philosophy, the governor's approach will have real repercussions in the business climate of our state.

On March 24, 2020, Governor Whitmer issued the 'stay home, stay safe' executive order 2020-21 which classified some businesses as essential and some non-essential, and effectively had the latter close their business until April 14th (which will likely be extended by future orders).  

The FAQs and later press conferences clarify non-essential businesses, such as:

car and RV dealerships

bicycle shops (sales and repair)

real estate agents (except working remotely)

'elective' construction projects

landscaping 

lawncare

tree services

irrigation

golf courses

tobacco shops

shooting ranges

car washes

furniture stores

craft stores

florists

hobby stores

Governor Whitmer has made it clear that those businesses who defy the order and similar orders will be sorry they did and face prosecution.  Yet one can look down the list and question the rationale of why these businesses are mandated to remain shut-- or else.  The idea is to stop the spread of COVID-19, but if these businesses are ran responsibly, social distancing and disinfecting should make the spread less likely than at the local Wal-mart.

Yet many small businesses in Ludington's downtown and all over Michigan have been forced into closing their doors, and their loyal customers may now be forced into going to the local Wal-mart to buy their craft materials, flowers, or tobacco products to help them or others through this period.

Logically, wouldn't a customer who wanted to buy flowers be safer from contamination by going to a responsible local florist than go to the local Wal-mart, where more shoppers are frequenting due to a decreasing list of retailers?  The density of potential COVID-19 contacts at Wal-mart may further increase because they are staying open much fewer hours.  

Each of the listed 'forbidden' businesses could adopt safety protocols and still provide their goods and services throughout this pandemic scare, without making the threat of contamination any worse than it is with their temporary absence.  No exceptions.

Michigan's governor should be looking at ways to make Michigan businesses work, not looking at ways to arbitrarily close them down by claiming they are non-essential.  Do we want our government picking and choosing winners and losers among our private enterprises and forcing us into purchasing products in national chain stores when we want to shop local, at small businesses where the risk of contracting COVID-19 is greatly reduced?  The answer should be obvious.

                             Downtown Ludington on South James Street, March 31, 2020 at 10 AM, almost totally deserted.

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I see that the Governor has deemed recreational marijuana dispensaries as an essential service along with liquor stores, the Michigan lotto, sin taxes get no holiday.

Property taxes will still be collected and wages paid even though schools are shuttered. Guess the Governor decided  2/3 of an education is as good as a full education for that is the amount she decided was adequate. Does this lesson also apply to the $100 Million school bond?  Will $66 Million suffice? If online learning is adequate shouldn't schools be considered an antique concept? Shouldn't resources instead be spent on faster and more complete internet coverage? How fast an internet service would $100 Million buy?

And speaking of lessons will the DDA or whatever it is called learn theirs? That putting all your eggs in the tourist basket might not be the best choice for the local economy.  Will their be a Macker this year? A Freedom Festival? Will the carferry Badger be allowed to run?  Do they believe a splash pad and the new toilets at Legacy park will make up the shortfall? How about the West End Slab? At least there is no problem maintaining social distance with that fluster cluck.

Should Epworth be allowed to operate? 

What about vacation rentals?  Motels? Seasonal homes?

Perhaps this will be a wake up call.

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