GRAND RAPIDS, Mich. — Landscapers, fishermen and cottage owners are among those suing Gov. Gretchen Whitmer over her “stay-at-home’’ executive order, which they claim is overly-broad, draconian and unconstitutional.
A federal lawsuit filed in Grand Rapids by the Michigan Nursery and Landscape Association says Whitmer has gone too far in her response to the coronavirus pandemic.
“What’s more, hundreds of businesses face permanent closure,’’ attorney John Bursch said. “This has got to stop.’’
Bursch filed a 32-page lawsuit on behalf of the MNLA, asking a federal judge to allow members to “immediately resume providing lawn care, landscaping and retail garden sales services.’’
“Michigan remains the only state in the country prohibiting commercial landscaping and lawn-care services,’’ according to the lawsuit.
It’s not just landscapers with an ax to grind. Three fishermen in the Holland area are suing Whitmer over her executive order that bans the use of motorboats.
That order is also being challenged by the Michigan United Conservation Clubs, which says the order banning boats with motors doesn’t make sense.
“Boating is a cornerstone of Michigan culture, not to mention a psychological refuge in the current crisis,’’ the MUCC lawsuit states. “But families who untie a skiff from their dock could be jailed for 90 days for violating Governor Gretchen Whitmer’s directives, which purport to criminalize all ‘motorized’ boating.''
Whitmer’s Executive Order 2020-42 “expressly and unequivocally allows for ‘all outdoor physical activity,’’’ the lawsuit states. “There can be no doubt that boating is an ‘outdoor physical activity.’’’
Also suing Whitmer are downstate residents who are barred from travelling to their cottages in northern Michigan.
“There is no reasonable justification for restricting Michigan residents from travelling to cottages that they own or rent during this current pandemic,’’ that lawsuit states.
Bursch, a Caledonia attorney representing the Michigan Nursery and Landscape Association, filed suit April 17 in U.S. District Court in Grand Rapids. Several other plaintiffs are represented in the civil action.
“Public health protections need to be balanced by common-sense,’’ Bursch said. “The governor’s order already allows public employees to mow and trim public parks, and homeowners can do the same in their backyards.
“But an elderly or infirm homeowner cannot hire someone to do this work for them, even if they need it,’’ Bursch said. “Yet local governments are now giving citations to such homeowners, calling their over-length grass a public nuisance.’’
Clark’s Landscape in Comstock Park is a third-generation family business specializing in new home landscape and existing landscape remodeling.
The executive order keeping crews grounded has been difficult, especially since much of the outside work lends itself to social distancing, Steve Clark says.
“Somebody can work on one side of the yard, somebody else can work the other side of the yard; they don’t have to be in close proximity,’’ said Clark, company manager.
Employees who were idle during the winter months are eager to get back to work. And customers have been calling, asking about time-sensitive jobs, such as spring clean-up and crabgrass prevention.
“We kind of feel like we’re stuck,’’ Clark said. “We can’t help our employees, we can’t help our clients and we’re really, really anxious to get out into the field.’’
A spokeswoman for Whitmer’s office declined comment on the pending litigation. The democratic governor has said the restrictions are necessary and are helping to save lives.
More stories on 13 ON YOUR SIDE:
RELATED VIDEO:
►Make it easy to keep up to date with more stories like this. Download the 13 ON YOUR SIDE app now.
Have a news tip? Email news@13onyourside.com, visit our Facebook page or Twitter. Subscribe to our YouTube channel.