Just using your example below of Michigan you have to meet the conditions of the law. First you have to be in a private place)/mileg.aspx?page=GetObject&objectname=mcl-333-12601) as defined in this link, and then you have to film without two party consent. These conditions)/mileg.aspx?page=getobject&objectname=mcl-750-539d) are defined in the link.

In Michigan by definition restaurants are not private places. Also, because it is not a private place the filming of the gentleman does not fall into any misconduct according to the link you provided.