Michigan Governor bans sale of gardening items

[distraught8]

Michigan -Executive order 2020-42 Paragraph 11 section d-2 states that stores are ordered to cordon off areas of the store that sell gardening equipment and seeds, etc. It does not state that it is illegal for consumers to purchase. Is this a grey area loophole or might it be specifically stated on other decrees?

 

[Zigner]

Michigan -Executive order 2020-42 Paragraph 11 section d-2 states that stores are ordered to cordon off areas of the store that sell gardening equipment and seeds, etc. It does not state the it is illegal for consumers to purchase. Is this a grey area loophole or might it be specifically stated on other decrees?

Why are you asking? Are you a retailer, or are you a consumer wishing to purchase those items?

 

[PayrollHRGuy]

It is exactly what it says it is.

P.S. That is a stupid order.

 

[xylene]

Buy your seeds and equipment on Ebay or Amazon

 

[Zigner]

Can one order them for pickup from Walmart (for example)? The OP makes an interesting point. The order doesn't seem to ban the sale of the items, rather, it just orders the stores to close the area that displays those items and also instructs the stores to refrain (yes, there's that word again) from the promotion or advertisement of those items.

 

[distraught8]

@Zigner I am a consumer. Also an engineer so I need to find things out. That's what we do. : )

 

[Zigner]

@Zigner I am a consumer. Also an engineer so I need to find things out. That's what we do. : )

I'm not an engineer, but I come from a long line of various types of engineers. I get it

 

[quincy]

@Zigner I am a consumer. Also an engineer so I need to find things out. That's what we do. : )

The order is to keep customer traffic to “unnecessary” areas of a store to a minimum. Shopping is limited to essential items only.

Because Governor Whitmer has said lawn care is not an essential service (although that is currently being debated), gardening equipment is also not essential.

There is nothing to my knowledge that prevents you from purchasing plants and seeds (etc) online.

 

[Zigner]

The order is to keep pedestrian traffic to “unnecessary” areas of a store to a minimum. Shopping is limited to essential items only.

Because Governor Whitmer has said lawn care is not an essential service (although that is currently being debated), gardening equipment is also not essential.

There is nothing to my knowledge that prevents you from purchasing plants and seeds (etc) online.

I don't think anybody disagrees with the fact that these items can be purchased online.
The OP's line of thought is that the order doesn't really say what some may think it says, or, perhaps, what it was intended to say. The order does not prohibit the sale of those items (as written). Could a store sell a weed-whacker if the customer asks the checker to retrieve it for him/her?

 

[quincy]

I don't think anybody disagrees with the fact that these items can be purchased online.
The OP's line of thought is that the order doesn't really say what some may think it says, or, perhaps, what it was intended to say. The order does not prohibit the sale of those items (as written). Could a store sell a weed-whacker if the customer asks the checker to retrieve it for him/her?

Probably not. Most stores are limiting who can shop at any one time and what items are essential for purchase. This is to prevent shoppers from lingering in stores and to limit the number of store employees necessary to operate the store.

 

[PayrollHRGuy]

Below is that section of the order.

The sale or purchase isn't banned.

1. Any store that remains open for in-person sales under section 5 or 9(f) of this order must:

1. Establish lines to regulate entry in accordance with subsections (c) and (d) of this section, with markings for patrons to enable them to stand at least six feet apart from one another while waiting. Stores should also explore alternatives to lines, including by allowing customers to wait in their cars for a text message or phone call, to enable social distancing and to accommodate seniors and those with disabilities.

1. Consider establishing curbside pick-up to reduce in-store traffic and mitigate outdoor lines.

1. For stores of less than 50,000 square feet of customer floor space, limit the number of people in the store (including employees) to 25% of the total occupancy limits established by the State Fire Marshal or a local fire marshal.

1. For stores of more than 50,000 square feet:

1. Limit the number of customers in the store at one time (excluding employees) to 4 people per 1,000 square feet of customer floor space. The amount of customer floor space must be calculated to exclude store areas that are closed under subprovision (2) of this subsection.

1. Close areas of the store—by cordoning them off, placing signs in aisles, posting prominent signs, removing goods from shelves, or other appropriate means—that are dedicated to the following classes of goods:

1. Carpet or flooring.

1. Furniture.

1. Garden centers and plant nurseries.

1. Paint.

 

[quincy]

Here is a link to the full Order:
https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-525182--,00.html

 

[FlyingRon]

Seeds are as essential as food is. My wife is laying in her summer vegetables. It's a substantial part of our diet.

 

[quincy]

Seeds are as essential as food is. My wife is laying in her summer vegetables. It's a substantial part of our diet.

If living in Michigan, seeds and plants would need to be ordered. We ordered all of our vegetable and herbs seeds and seedlings from catalogs and they were delivered.

 

[Taxing Matters]

Can one order them for pickup from Walmart (for example)? The OP makes an interesting point. The order doesn't seem to ban the sale of the items, rather, it just orders the stores to close the area that displays those items and also instructs the stores to refrain (yes, there's that word again) from the promotion or advertisement of those items.

The order as written I think would be reasonably interpreted by the courts to mean that it is illegal for the stores to sell those items at the brick and mortar store front. The whole idea is to keep customers from coming in to buy nonessential items. It would be unfair, for example, to allow a grocery store that is open because it sells food — an essential item — to still sell gardening supplies when a dedicated garden supply store is shut down entirely.