Friday, October 30, 2020

Michigan partial news roundup for October 30, 2020

I love newspapers. A print newspaper is best, but I can tolerate reading a daily paper that is on-line when it looks like the real thing and is not just columns of articles that you have to link to and hope you didn’t miss anything interesting. 

I enjoy the randomness of coming across stories like this one -“Traffic-stopping turkey becoming social media star” on page 2A of today’s Detroit Free Press or “Feds remove protections for wolves; U.P. hunt on?” on page 4A. Will Michigan reinstate a wolf hunting season in the Upper Peninsula? Are cats and dogs next???

The following articles are a sampling of stories that caught my eye. I have provided links to the on-line versions of these articles, so that you don’t have to go out and buy an actual print newspaper.

From the Detroit Free Press, October 30, 2020:

Michigan sets new restrictions on dining, gatherings as COVID-19 cases rise”  by Dave Boucher and Kristen Jordan Shamus

Here is a little background to this story: The Michigan Supreme Court, on 10/2/20, struck down the 1945 Emergency Powers of Governor Act that the Governor used as her authority to issue directives during the COVID-19 pandemic. The ruling, however, did not affect other laws relating to public health. Most of the Governor's directives have been re-issued by the head of the Michigan Department of Health and Human Services. 

There are other issues, such as extending unemployment benefits, that have been approved by the legislature and replace similar directives previously issued by Governor Whitmer.

Local public health authorities have issued orders that continue those previously ordered by the state. Local businesses and public agencies are also allowed to make rules to preserve health and safety.

Michigan is now experiencing a severe spike in Covid-19 cases. According to the article,

“Cases throughout the state are up almost 94% in the last 14 days, according to data accumulated by the New York Times. As of Wednesday, the seven-day average number of positive cases was 2,365. At its peak in March, the seven-day average never topped 1,800 cases, according to data analyzed by the Free Press.

“Hospitalizations and deaths are also on the rise. More than 500 Michiganders have died from COVID-19 in October, compared with less than 300 in September. Michigan saw more deaths this month than any since May, according to state health data. “

More stringent restrictions have been ordered:

"The regulations include new restrictions on the number of people who may dine together at a bar or restaurant and establish requirements for eateries to keep contact information for dine-in customers.

"The order, issued by the Michigan Department of Health and Human Services, is intended to mandate mask wearing while in public, limit crowd sizes at private gatherings and in business, and generally promote actions that will stop the spread of the disease. 

"The order does not apply to polling places or anywhere else that someone may try to cast a vote. Masks are recommended but not required for people who choose to cast a ballot in person on Tuesday, when polls open at 7 a.m. and close at 8 p.m. “

Michigan Court of Appeals denies Benson appeal, says open carry at polls is legal”, by Paul Egan, 10/29/20. 

The Michigan Secretary of State Jocelyn Benson issued a directive to ban the open carry of firearms at the polls. 

You may remember pictures from April 2020 of armed men in the state capitol building in Lansing screaming at security guards during demonstrations demanding an end to restrictions to control the spread of Covid-19. Armed men were also allowed to stand in the gallery over the heads of the legislators while the legislature was in session. One legislator had the foresight to wear her bullet proof vest, just in case the situation turned really ugly. At least one of the armed men photographed in the gallery was later arrested in a plot to kidnap and kill Governor Whitmer. 

This was all legal under MIchigan's open carry law, although restrictions are allowed in public areas under certain circumstances. Action by the state legislature to restrict the open carry of firearms might have stopped this threatening behavior in the state capitol. 

Needless to say, tensions are high and Benson’s directive makes sense to prevent threats of violence at the polls. Her orders were overturned in court, however. Then the Michigan Court of Appeals denied Benson’s appeal of the ruling.

According to the article,

"The open carry of firearms will be permitted at the polls on Election Day, under an order issued Thursday by the Michigan Court of Appeals... "

"...In declining to hear the appeal, the panel said that although concerns about voter intimidation involving firearms are valid, the state already has laws to handle that.'Voter intimidation is — and remains — illegal under current Michigan law,' the panel said.

"Also, 'brandishing a firearm in public is — and remains — illegal under current Michigan law.' Therefore, 'anyone who intimidates a voter in Michigan by brandishing a firearm ... is committing a felony under existing law, and that law is — and remains —enforceable by our executive branch as well as local law enforcement.'"

In addition,

"'Just today, a poll released by the Detroit News and WDIV-TV indicated that 73% of Michigan voters say openly carried guns should be banned near polling places,' Nessel spokesman Ryanend nu Jarvi said. 'The merits of this issue — which impacts all Michiganders — deserves full and expedited consideration by our state’s highest court.'...

“Though Benson's directive remains without force under the Thursday order, existing state law could still prohibit some Michiganders from openly carrying firearms at some polling places. Schools are often used as polling places and guns are generally prohibited on school grounds, though concealed pistol license holders are allowed to open carry on school property.”

Here’s some good news:

"Surprise out-of-network medical bills now illegal in Michigan" by JC Reindl

“When receiving successful treatment to prevent preterm labor, Stacy Leick of White Lake Township underwent a 3D baby ultrasound at a hospital that was in-network with her health insurance company. 

"Three months later and back home with her new baby girl, she received an unpleasant surprise in the mail: a $750 medical bill.

"Unknown to her, the radiologist who may have read the ultrasound was a visiting doctor and therefore not in her insurance company's network — so her insurer wouldn't pay his full charges.. The doctor's billing company then went after her for the unpaid balance.”

…"That sort of surprise should no longer happen in Michigan because of new legislation signed into law last week by Gov. Gretchen Whitmer after it passed through the state Legislature by wide bipartisan margins.

"The laws forbid medical providers from sending big surprise bills to patients who received emergency care outside of their insurance network, a practice known as balance billing."

Here is a link from the Detroit Free Press to a USA Today article on voting rights, just in time for the November 3rd, 2020 election:

"Know your voting rights: Here's what to do if you encounter intimidation at the polls on Election Day" by Josh Peter, USA Today, 10/28/20

This article covers the basics:

  • The right to vote free of intimidation
  • The right to vote by provisional ballot if your name is not on the list of registered voters
  • The right to vote with accommodations
  • The right to vote after the polls close 
  • The right to re-vote

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