Outdoor Photography during Michigan’s Shelter-in-Place EO

Are we allowed to shoot outdoor photography during Michigan’s Shelter-In-Place Executive Order?

Yes and no. After multiple communications with the Governor’s office, as of today (May 14, 2020) this is what I have gathered:

We are all allowed outdoors for recreation, including photography. However, we (as professional photographers) are not allowed to conduct our business apart from real estate photography. In an email (signed by the Governor) it was stated:

”Michiganders are still directed to stay in their homes unless they have to leave to perform work permitted under the order, are safely engaged in an outdoor activity, or are performing tasks necessary to the health and safety of themselves or their family, like going to the hospital or grocery store.”

In an email reply from Michigan.gov regarding whether I could conduct my photography business outdoors under EO 2020-77 section 10(e) - practicing 6’ social distancing, wearing a mask, and only photographing a nuclear family unit - it was stated:

“Based on the guidance we have right now, we cannot advise you that’s it’s allowable to open your business at this time. The Governor’s office works to provide updates and clarity to the executive order through the FAQs posted on the executive order page. Please check back regularly to see if your industry is addressed specifically.”

Because our clients are under the same restrictions, they too are allowed outdoors for recreational purposes. However, a scheduled photo shoot is considered conducting business, and the consequence for violating the EO may result in a civil penalty of up to $1,000 for both you and your client. On the flip side, multiple sources say it is unlikely that you would end up being charged. What does that mean? You should not be booking non-real estate related sessions, but you probably won’t get charged if you’re careful. This boils down to a judgment call on your part. Here are some things to consider:

Are you currently able to survive without additional income?

It was confirmed that unemployment is available to you unless your industry is explicitly allowed to work. This means that if someone inquires about a shoot, and you turn it down, it does not qualify as turning down work. Wage reporting will, however, affect what you receive. The minimum amount you can receive is $760/wk with no proof of income required unless you want to increase the benefit amount. The 28-day window to apply for benefits has been waived, so if you have not already applied, you are encouraged to do so.

What is your client demographic, and how will they receive the message that you are offering sessions?

Opinions on the Shelter-In-Place EO can be extraordinarily strong in both directions. There are many supporters, and many who willfully violate it regularly, with many in between. Are you more comfortable one way or the other, and what feel do you get from your clients? It might matter in the long run.

Should you choose to shoot, are you prepared to defend your position to authority figures if necessary?

Although you may never find yourself in this position, it is best to be prepared. It would be unwise to shoot any closer than 6’ at minimum, to gather members of different households in close proximity, or to shoot indoors, even on private property. If you are following the safety guidelines set in place, you are acknowledging that you respect the situation rather than becoming a sitting duck for a charge.

I know many of you have seen the videos shared by Rachel Skye Photo of her interview with Deborah Skorupski, a lawyer who has received the go ahead for outdoor photography. Rachel has also written up a summary of the interviews here. Please take their advice and verify the information personally before moving forward with your sessions. I have personally left messages with the same number she provided and have yet to receive a call back. I encourage you to attempt verify this information yourself by calling 517.335.7858 x3 before taking it as fact. I will update this immediately if I get different information!

One last thing; I know we aren’t all in the same boat in this storm, and that’s why I’m not advising you one way or the other. If you choose to shoot, please respect the social distancing guidelines – the last thing any of us want is for photography to be labeled specifically as a risk.