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Why some golf courses appear to be open during Whitmer's stay at home order

While the state has made it clear that golf courses cannot be open for business, private clubs are still allowing members to walk the greens.

KENT COUNTY, Mich. — Under Gov. Gretchen Whitmer's stay at home, Michiganders are mandated to stay home as much as possible but they are allowed to go outside to get exercise. The governor has made is clear, though, that golfing is not allowed. 

Despite that, members of private golf clubs around West Michigan are still showing up with their clubs on sunny days. And Kent County Prosecutor Chris Becker said there is a small exception that makes this acceptable. 

The Attorney General's office still stands firm on the ban, saying that " golf courses – whether public or private – may not be open to golfers." Golf courses need to be closed for business, Becker says that's pretty clear. But closed means no employees taking money and no carts out on the lawn.

"However I do not think we can prevent people from walking on them, or if they are walking with their clubs and playing the course, if the course approves," he said, emphasizing the club must give permission. "I have had a number of questions on this; some country clubs for example have stated we are closed, we don’t have any carts, but you are a member you can walk and play if you want. I do not think we can stop this."

Under the executive order, people are allowed to walk around outside and many public parks and state parks have remained open. Becker said there isn't much of a difference between walking in public and golfers spending time on a private course. 

"Some courses open to public have 'memberships,' if they want to allow their members to do this I don’t think we have a good basis to prevent this," Becker said. 

Golf has been a sticking point for critics of the stay at home order. And Whitmer said it's banned because golf tends to involve more than one person, from filling up gas in carts to relying on workers at courses. 

Despite the apparent exception for members of private clubs, Becker said golfers could still be ticketed by the sheriff's office for violating the 6-foot social distancing rule. The attorney general's office echoed this, saying they have received reports of this. 

"The photos we have seen continue to show golfers ignoring social distancing and we are communicating with local law enforcement agencies to offer our assistance," the attorney general's office said.

Becker also emphasized that trespassing could become an issue; if non-members see people golfing, they might wander onto the course without permission. 

"In my opinion courses are opening up a bag of worms by doing this regarding liability issues. But that is their call to make, not a criminal matter," Becker said.

Michigan's stay at home order is expected to be lifted on May 1. 

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