I previously wrote about an executive order issued by Michigan Governor Gretchen Whitmer that extends her "Stay Home, Stay Safe" order until April 30, 2020 and also includes advertising restrictions.
The Association of National Advertisers ("ANA") has responded, asking Governor Whitmer to rescind the portion of the order that prevents the large stores (those with over 50,000 square feet of commercial retail space) which are permitted to remain open from advertising anything but "groceries, medical supplies, or items that are necessary to maintain the safety, sanitation, and basic operation of residences." The order also bans advertising short-term vacation properties "except as necessary to assist in housing a health care professional or volunteer aiding in the response to the COVID-19 crisis."
ANA Group Executive VP of Government Relations Dan Jaffe said the order provides no evidence as to why advertising "nonessential products" for larger stores is less safe than smaller stores. In addition, Jaffe stated, "The order also is vague, because it is hard to identify what is and is not within the ban."
We will keep you posted on the latest developments on this matter.
"This ban almost certainly violates the First Amendment and the Commerce Clause of the Constitution." -- ANA Group Executive VP of Government Relations Dan Jaffe.