The Associated Builders and Contractors of Greater Michigan提起诉讼5月21日，在密歇根州法院针对州长格蕾琴·惠特默（D）的索赔法院指控惠特默的执行命令96和97违反了该州和美国宪法以及《密歇根州职业安全与健康法》。该诉讼还辩称，大密歇根州成员的行政命令开放了ABC，最高70,000美元的罚款和三年监禁，因为违法行为从未被州立法机关确立为法律。
[For ENR’s latest coverage of the impacts of the COVID-19 pandemic, click here]
根据诉讼，发现将密歇根州重新开放的企业违反了第96号命令，这是不公平的处罚，但处罚为第97号命令。这两项命令均由州长办公室发出。5月21日。违反州长紧急权力签发的命令的罚款和罚款最高罚款为90天和/或500美元的罚款，但命令97允许等州机构等州机构执行，例如密歇根州的职业安全与卫生管理局，这可以允许诉讼中概述的较大处罚。
The lawsuit further alleges that, if the executive orders are allowed to stand, the state can fine businesses without providing due process because the order lowers the burden of proof from a legal standard “beyond a reasonable doubt," to the order's own standards. The order reads, "the rules described in sections 1 through 10 have the force and effect of regulations adopted by the departments and agencies with responsibility for overseeing compliance with workplace health-and-safety standards and are fully enforceable by such agencies. Any challenge to penalties imposed by a department or agency for violating any of the rules described in sections 1 through 10 of this order will proceed through the same administrative review process as any challenge to a penalty imposed by the department or agency for a violation of its rules."
建筑公司概述了九个规则，其中包括第96条。其中包括：“建筑行业的企业或运营必须限制项目站点之间不必要的运动”和“需要在适当的情况下使用工作手套以防止皮肤接触受污染的表面”。密歇根州律师的ABC在投诉中指出，“适当”和“必要”之类的术语过于广泛。
大密歇根州的美国广播公司（ABC）由米德兰（Midland）的麦基诺中心法律基金会（Mackinac Center Legal Foundation）加入了诉讼，DJ的园林绿化和草坪服务公司（总部位于大急流城的园林绿化承包商）也加入了诉讼。麦基诺中心通常会考虑其认为政府过度的案件。原告由大急流城的米勒·约翰逊律师事务所代表。
"From our standpoint, this litigation was necessary," says Jimmy Greene, CEO of ABC Greater Michigan. "I certainly think clarity is necessary for these orders and for our more than 900 member contractors."
Greene says ABC of Greater Michigan would embrace new regulations that went through the state legislature, and it would provide input to any new rules meant to address the COVID-19 pandemic. He adds that enforcement of regulations should not be administered by appointees of the governor via administrative review.
格林说：“我们与之合作的全国各地的警务机构，我们的成员在内部工作并定期遵守他们的准则。”"Michigan’s more than 100,000 craft trades professionals deserve safety and certainty from state government as they return to their jobsites. They also deserve to have a voice in the rules process. Instead, they are threatened by the arbitrary, unclear and unconstitutional enforcement methods set to be dispatched throughout the state to intimidate good, honest workers.”
A spokesperson for the governor's office said it does not respond to ongoing litigation and would have no comment about the suit. When asked if trade groups such as ABC and the Associated General Contractors of America had input into the crafting of order 97, the spokesperson did not respond.
