Michigan softens restaurant rules requiring customer info during COVID

The new rules for restaurants took effect on Monday, but with no state-issued guidelines on how to interpret some of the fine points. (Shutterstock)

Nov. 15 update: Michigan to close high schools, colleges, bars for 3 weeks as COVID spikes

One day after new contact tracing regulations were imposed on Michigan restaurants and bars, the state health department softened requirements for collecting customers’ names and phone numbers. 

Under the new guidelines released Tuesday, the state recommends — but does not require — dining establishments deny entry to customers who won’t provide contact information. The state also said it will not hold restaurants or bars responsible for patrons who provide false information, and will not require businesses to ask for proof of identification. 

The clarifications were issued after the state restaurant industry expressed frustration Monday on how to interpret safety rules announced last week that were intended to slow the spread of COVID-19. 

Last Thursday, Robert Gordon, director of the Michigan Department of Health and Human Services, issued a series of new restrictions impacting restaurants, bars and other indoor businesses. They included a requirement for businesses to collect the names and phone numbers of patrons so that health officials could later warn them if there was a virus outbreak. Other changes included requiring restaurants to limit tables to six customers or fewer, and that customers wear masks even while seated, except when eating and drinking. In addition, crowd sizes at indoor events like banquets, weddings and conferences were limited to 50 people, down from 500. 

 

The new rules took effect on Monday, but with no state-issued guidelines on how to interpret some of the fine points. As Bridge Michigan reported Monday, restaurants were frustrated by the lack of clarity on key points: 

What should restaurants do if customers won’t give their names? Will restaurants be responsible if customers give false information? Must everyone at the table, even children, provide identification? 

“We have had hundreds and hundreds of calls from our members about this,” Justin Winslow, CEO of the Michigan Restaurant & Lodging Association, told Bridge Michigan on Monday in reaction to the safety rules. 

MDHHS answered those questions and others in a release Tuesday

  • Organizations should collect only the name, phone number and date and time of service of patrons. No address or other information is needed.
  • Restaurants are not responsible for verifying customer information, though they must store what they are given for 28 days.
  • The information won’t be given to a local or state health department unless one requests it.
  • It also won’t be given to law enforcement or immigration officials, unless a subpoena requires it. It “will be protected as confidential information to the fullest extent of the law,” according to the state.
  • Restaurants are “encouraged” to collect information from all members of a party, or parent information for minors. However, one person per household is acceptable, the state said.
  • Under the new guidance, restaurants have a choice when customers won’t comply with the information request: “MDHHS recommends that the facility deny entry to the patron.”

Michigan’s troubled restaurant industry hopes the new requirements will not curtail business or anger customers.

“We’ll see how this works out,” Winslow said Tuesday. 

A business’s failure to ask for this customer information is a misdemeanor, carrying up to a six-month jail term and a possible $1,000 civil fine. 

On Tuesday, Lynn Sutfin, MDHHS spokesperson, said the department had updated its coronavirus website to add a Q&A on collection of customer information for contact tracing. It’s now listed among Oct. 29 document links under the gatherings and facemask order of the same day.

Still unclear is how much of this guidance reached restaurants and local health departments on Tuesday, which is a state holiday for Election Day. Many county offices in Michigan also are closed. An email to MDHSS from Bridge Michigan was not returned.

After looking at the new guidelines Tuesday, Winslow said, “They’re clarifying, for sure. Some basic unknowns were addressed.”

However, concerns for the industry remain, he said. Durng an MRLA board call on Monday night, restaurant owners shared what Winslow described as  “frustrations that there had been some altercations already on day one.”

The altercations involved asking patrons for their personal information, and being met with a challenge.

Some restaurant owners on Monday tried to head off potential conflict by asking for customer information once at the table, instead of “creating a confrontation situation at the door,” Winslow said. 

Last week’s order to get information for contact tracing came as outbreaks among bars and restaurants jumped in Michigan. According to the state website, which was updated since Monday evening to reflect October 29 data, 21 new outbreaks were reported most recently and eight outbreaks continue. Among the new outbreaks, 11 involved restaurant employees. Six of those were in Region 2, or Detroit and surrounding counties in southeastern Michigan.

In comparison to the 21 new outbreaks tied to restaurants and bars, there were 16 in manufacturing or construction, 14 in offices and eight in retail.

While privacy issues remain a concern in the industry – and caused similar requirements in Washington state to be rescinded – the state says the information is only to be used if contact tracing becomes necessary.

“Data collected for the purposes of this order should not be sold, or used for sales or marketing purposes,” the Q&A says.

The ACLU of Michigan said it welcomed the specific protections against sharing the information, and it plans to give MDHHS feedback if more questions arise.

“This additional guidance should give people confidence that their personal information will be kept private and used for the very limited purpose of stemming the spread of COVID-19,” Bonsitu Kitaba, ACLU of Michigan deputy legal director, told Bridge in a statement. 

Kitaba added:  “The guidance also makes clear that customers and businesses will not be punished if a customer chooses not to provide their personal information.”

The state encourages restaurants to use existing data to fulfill the requirement, such as online reservation bookings. 

The regulations also apply to other businesses, including stadiums and cinemas, according to the state, because people there “may not know who the people are who were near them.”

“Venues collecting patrons’ names and numbers allows public health officials to more quickly contact someone who might have contracted COVID-19.”

Cases of coronavirus continue to increase in Michigan, with hospitalizations climbing Monday to nearly 2,000 statewide, the most since early May. 

Meanwhile, Winslow said restaurant operators are worried about their futures. A recent survey showed that 20 percent of Michigan restaurants may not survive until spring.

They’re concerned that the new regulation, which follows controversial mandatory mask orders in Michigan by several months, could keep customers away at a time when most desperately need the sales.

“It’s potential deterrence and frustration among patrons (that’s a worry),” Winslow said. “It feels like it could be creating an awful lot of strife and turmoil for very little payback.”

That’s not to challenge the need for public health attention to the virus, he added.

“Is the strife you’re going to cause the industry worth this?” he said “If the answer is yes, we’ll move past this.”

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Comments

What's the point?
Tue, 11/03/2020 - 8:46pm

I have heard time and time again, this country runs for businesses. Which is funny in and of itself. This country was founded when the Sons of Liberty tossed tea, owned by the British East India Company into the harbor because that same said company had a monopoly on tea and it was illegal to import from anywhere else. OH! And because that tea tax was the last of the Townsend acts that the crown wouldn't rescind. I wonder why?

What is the point of any of this if there are waivers, exemptions and no one is held responsible for flagrantly spreading a "deadly" virus?

No one will be held accountable for any of it except the Governor for trying to do what most any sensible leader would try to do. Protect the people they have been charged with looking out for. All the while the GOP senate just allowed the same rules that she used for nursing homes. Except they are going to open them up to everyone!

Herd mentality, Here we come!!

Will the press or anyone hold the GOP accountable for the "bi partisan" leadership they lead with? I won't be holding my breath. I am still wondering how the party of Free trade dodged the fact they pushed free trade to bust unions and give more wealth to the upper class and then blamed it on dems.

God help us all.

Kristin
Tue, 11/03/2020 - 11:15pm

C'mon. How hard can it really be to have a few names and phone numbers? As a licensed Cosmetologist, it's required of our industry to collect this info from every person we see under new regulations. And restaurants already do this for take out orders. I'm trying to be supportive, but this seems like a cop out

TwiceAsLikely
Wed, 11/04/2020 - 10:09am

So the restaurant business community is overwhelmed by having to get a name and number from visiting patrons to possibly protect them and others from the spread of Covid19. Because this is so burdensome? A violation of rights and freedoms? Who wouldn't rather visit an eatery that takes public health and social responsibility seriously by requesting this info? Other than Gardner, and the restaurant business community.

John Q Public
Wed, 11/04/2020 - 12:16pm

This is ridiculous. The Michigan government and the MDHSS are not God. This is a free country, lest we all forget, and this infringement on personal freedom as well as the violations of the Commerce Clause must STOP!

Not going to tell
Wed, 11/04/2020 - 8:51pm

I live in another state and we make a trip to the Frankenmuth area every year the weekend after Thanksgiving. We spend hundreds of dollars in the area over a weekend between hotel rooms, dining, shopping at Bronner's and other retail of Frankenmuth, and the outlet mall in Birch Run. We always encounter other out of towner's in the area for the same reason. We had just discussed that we will not be continuing with our trip this year unless this was relaxed and we knew we could eat out without being forced to give personal information. We have no fear of Covid. But I do fear for the tourism industry of Michigan which some areas greatly depend on, as those from other states will not find this to be reasonable. You will find in the long run that attempts like this to "stop" the virus spread, which is a foolish notion anyway, was not worth the devastation to the state's economy. Your restaurant and bar industry is right to push back on it.

Mary Fox
Thu, 11/05/2020 - 6:03pm

Stay home. You sound like a covid incident waiting to happen. Please tell me how you get a hotel room without a name or credit card? Do you have an anonymous credit card. I'd like one of those. How stupid this sounds.

Phil
Wed, 11/04/2020 - 4:24pm

This is alot of bull shit. It's against my constitutional rights it's controlling business owners and customers. It opens up alot of privacy issues. Hey dumb asses if it's that bad then close it down don't control.
This is some of the same shit that Hitler and Mussolini and other dictators do but different words.

Anonymous
Wed, 11/04/2020 - 7:01pm

Why does this article not mention that all these executive branch edicts were found unconstitutional and void by Michigan's Supreme Court on October 3? That's really the only thing pertinent in any discussion of "orders" such as those discussed here.

Anonymous
Wed, 11/04/2020 - 8:32pm

Why doesn't this article observe that on October 3 the Michigan Supreme Court found all such executive-branch edicts unconstitutional and void? That's all that need be or should be said about this matter.

Chatty cathy
Thu, 11/05/2020 - 2:36pm

What people are not seeing is there’s more than just “restaurants” that have to deal with this. It’s one thing if you make a reservation or pay with a credit card you’re putting it out there voluntarily.
Now it’s the fast food restaurants, coffee shops, counter services like Panera or chipotle that have to take your information and then do what with it? Since it doesn’t get reported anywhere are these places supposed to hold on to it for weeks or months? And then do these places call you if there’s a “case”.
And at this point it’s not voluntary, you’re being required to do this. Just so you can be tracked to maybe tell you that you might have been in contact with someone who maybe tested positive for a virus (but maybe it was a false positive) and oh by the way that person shows no symptoms. Sorry I’ll be in charge of me. If I’m sick I’ll stay home. I’ll see a doctor. I’ll take care of myself and my family. But I’m not going to cause fear to everyone that I may or may not been in contact with.

Opt Out
Thu, 11/12/2020 - 2:55pm

I think businesses should do what they think they need to do. It's the customers right to participate or not.

Just don't act surprised should these businesses go bankrupt or fold up because of limited capacity and revenues. Alienating customers is never a sound business strategy.