Governor Whitmer Issues New Order on Capacity Limits in Michigan

Under a new Order issued by Governor Whitmer on March 2, 2021, the following capacity limits were changed:

    • Restaurants and bars can go to 50% capacity and 100 people with an 11 p.m. curfew, up from the 25% capacity and 10 p.m. curfew.
    • Retail is now allowed to be at 50% capacity.
    • Indoor residential gatherings are now up to 15 people from three households, an increase from the previous 10 people from two households, while outdoor residential gatherings can now include up to 50 people.
    • Public meetings and other small indoor gatherings may resume with the allowance of up to 25 people for indoor non-residential gatherings where people interact across households.
    • Exercise facilities can go to 30% capacity with restrictions on distancing and mask requirements.
    • Casinos are now allowed to be at 30% capacity.
    • Outdoor non-residential gatherings where people interact across households are permitted up to 300.
    • Indoor entertainment venues are allowed to be at 50% capacity, up to 300 people.
    • Indoor stadiums and arenas are allowed to have 375 if seating capacity is under 10,000; 750 if seating capacity is over 10,000.
    • Outdoor entertainment and recreational facilities may host up to 1,000 patrons.

The new Order is effective Friday, March 5, through April 19, 2021.

If you have questions, please contact Ed Castellani or your Fraser Trebilcock attorney. When it matters in Michigan, Fraser Trebilcock is the trusted advisor for businesses and individuals facing legal and regulatory challenges, and our capabilities extend to wherever clients require counsel.


Fraser Trebilcock Business Tax Attorney Edward J. CastellaniEdward J. Castellani is an attorney and CPA who represents clients involved with alcohol beverages as a manufacturer, wholesaler, or retailer. He leads the firm’s Business & Tax practice group, and may be contacted at ecast@fraserlawfirm.com or 517-377-0845.

Michigan’s New Executive Orders 2020-160 & 2020-161

On July 29, 2020, the Governor signed Executive Orders 2020-160 and 2020-161, amending Michigan’s Safe Start Order and issuing revised workplace safeguards.

Starting July 31, 2020, statewide indoor gatherings will be limited to 10 people and certain bars will be closed for indoor service across the state.  While this was the case previously for most of Michigan, the new order applies these restrictions to Regions 6 and 8, northern lower Michigan and the Upper Peninsula. Outdoor gatherings are still restricted to 100 people unless located within Regions 6 and 8.  For these regions outdoor gatherings are limited to 250 people.

Remote work, which previously looked to be strongly encouraged is now being required if an employee can perform their duties remotely (EO 2020-160, p 3, par 1.).

Stay tuned for more developments as new information is released.


We have created a response team to the rapidly changing COVID-19 situation and the law and guidance that follows, so we will continue to post any new developments. You can view our COVID-19 Response Page and additional resources by following the link here. In the meantime, if you have any questions, please contact your Fraser Trebilcock attorney.


Fraser Trebilcock attorney Paul V. McCord has more than 20 years of tax litigation experience, including serving as a clerk on the U.S. Tax Court and as a judge of the Michigan Tax Tribunal. Paul has represented clients before the IRS, Michigan Department of Treasury, other state revenue departments and local units of government. He can be contacted at 517.377.0861 or pmccord@fraserlawfirm.com.