Michigan Judge Sides with Barber, Rejects Gretchen Whitmer Demand to Close Shop

Breitbart ^ | 11 May 2020 | KYLE OLSON

[Hojczyk]

A Michigan judge has denied a motion made by Gov. Gretchen Whitmer’s administration that an Owosso barber close up shop during the coronavirus outbreak.

Great Lakes News was outside Karl Manke’s Barber & Beauty Shop on Monday when the ruling came down.

Reporter Katie Heid said the judge denied the state’s claim that the 77-year-old Manke to close his shop because he was allegedly in violation of Whitmer’s stay-at-home order.

“This is not only a big victory for Mr. Manke, but also for other small businesses,” she said.

“Who else will open their doors?”

The state Attorney General lost in its effort to obtain a temporary restraining order,

The AG said:

The Attorney General’s court action, filed on behalf of MDHHS, seeks to enforce the MDHHS Director’s Public Health Order that deemed Mr. Manke’s business an imminent danger to public health in light of the COVID 19 pandemic and directs him to immediately cease operations at his barbershop. The State is seeking to schedule a hearing as soon as possible.

The AG asserted Manke’s open business presents “clear public health dangers”.

Manke told ABC 12 he reopened after unemployment benefits were denied three times.

The barber had been repeatedly fined for allegedly violating the shutdown orders, but supporters paid the fines.

“I just couldn’t live with myself if I didn’t do that,” Manke told radio host Steve Gruber about continuing to operate his business.

“I don’t care really if I have to spend all of the money I’m making right now to pay my fine. It’s worth it,” he said.

He said he will only leave “if they drag me out in the street or Jesus comes.”

Manke said he has fielded several calls from other barbers about what to do.

“You have to have courage,” he said.

[glennaro]

Where are the people at the federal level who swore their oath to “preserve, protect and defend the Constitution of the United States? Where the Constitution has not been suspended outright (e.g., California, Michigan, et al.) it most certainly has been compromised (i.e., threatened) in many other states by the actions of the governors.

[combat_boots]

The government restraining trade.

Tea, anyone?

[Boogieman]

“You’d be surprised what a motivated inspector or compliance officer can find when the situation is right.”

Reminds me of the episode of The Simpsons when a child welfare worker is checking the Simpsons home for signs of neglect, and cites them for: “Toilet paper hung in improper overhand fashion”

[Pox]

True, but this man will have society in general on his side and people will be keeping an eye out for any government shenanigans. When all is at normal, these cretins can get away with a lot. When the spotlight is focused, these cockroaches will get stomped if they get too cocky, IMO.

[MarvinStinson]

Matt Stewart is a judge for the 35th Circuit Court in Michigan.

He was elected to the court on November 4, 2014, for a six-year term commencing on January 1, 2015, and expiring on December 31, 2020.

Stewart ran for election to the 35th Circuit Court. He defeated Deana M. Finnegan in the general election on November 4, 2014, receiving 51.2 percent of the vote.

Stewart received his J.D. degree from the Thomas M. Cooley Law School.

Stewart is a United States Navy veteran. He received an honorable discharge after serving during Operation Desert Shield / Storm.

[SunkenCiv]

The Attorney General’s court action, filed on behalf of MDHHS, seeks to enforce the MDHHS Director’s Public Health Order that deemed Mr. Manke’s business an imminent danger to public health in light of the COVID 19 pandemic and directs him to immediately cease operations at his barbershop. The State is seeking to schedule a hearing as soon as possible...

Manke told ABC 12 he reopened after unemployment benefits were denied three times.

The barber had been repeatedly fined for allegedly violating the shutdown orders, but supporters paid the fines.

[Ouchthatonehurt]

LOL!

Here’s one on the many roadmaps to shutting business by other means:
https://www.osha.gov/Firm_osha_data/100006.html

[max americana]

then the CO restaurant which opened and went viral on Mother’s Day Sunday should open too..effing POliS shut them down yesterday.

[Ouchthatonehurt]

Agree.
The spotlight has to stay on it though. Can’t underestimate the vindictiveness of some of the “little bureaucrat helpers” of bad government.

[gibsonguy]

Good news but is every little business going to have fight in court to stay open?

[1Old Pro]

Good news but is every little business going to have fight in court to stay open?

Hopefully not, they can use this as clear precedent. And those who sued should be reimbursed by whitmer.

[Ouchthatonehurt]

Funny, but true...
https://www.youtube.com/watch?v=zxbLbX__K8E

[timestax]

POWER GRABS by Governors-add PA., and Illinois to the list also.

[ferret_airlift]

I’ve been hoping someone would bring civil suit against her. Maybe once her official emergency expires, and she’s onto her illegal one...

[Red6]

If you were to take all personnel taking an oath to uphold and defend the US Constitution and were to quiz them about the Bill of Rights, asking them what the first ten Amendments state in their own words and in general, what percent do you think would get it right? 10%?

They don’t even know what it is they are suppose to defend!

Sure, they never smoked weed, don’t have any unpaid traffic tickets, pay their bills, never pirated software, their school teachers and neighbors like them, they registered for selective services... and they check all the blocks. But if you gave them the order to confiscate privately owned weapons after Katrina hits the shore, what will most do?

https://www.nytimes.com/2005/09/09/us/nationalspecial/police-begin-seizing-guns-of-civilians.html

This is not a new problem. It’s a new face on an ongoing and growing issue, where government has given itself broad sweeping powers to regulate everything and stick their nose into everything. It’s a problem caused as much by the left that wants to save the planet, children and have social justice, as it is by the right that wants to protect us from spies, terrorists and foreign powers. And here we are: FISA courts, NSL’s, massive intel collection on US citizens, road blocks reminiscent of some Middle East regime, searches of ones person and affects at an airport without probable cause or a warrant, assumption of guilt unless you give blood...

After the fact, things sometimes get sorted out, ***IF*** someone with clout gets behind it and the issue has the attention of the pubic, but MOST of the time, that is not the case.

http://www.nbcnews.com/id/27087738/ns/us_news-life/t/nra-settle-suit-over-katrina-gun-seizures/

In most cases, the government over steps their constitutional defined boundaries and NOTHING happens to those that made the decisions, executed the orders, nor are the victims compensated (here are your gun back, sorry, ooops).

Seriously, we live in a country where the government regulates how much water your toilet uses per flush and what sort of light-bulb you use. You live in a place where the government debates if they have the power to take away peoples children if they refuse to vaccinate, or where the DOJ contemplates using ankle monitors after Kentucky actually did such for persons testing positive for COVID-19.

https://www.jurist.org/news/2020/04/kentucky-judges-order-ankle-monitors-for-patients-breaking-covid-19-quarantine/

I’m not saying everyone in the government is a knuckle head just collecting a paycheck and willing to use the Bill of Rights as toilet paper if their boss orders them to, but there are enough of those types in government to where it’s dangerous especially considering the powers government has given itself by regulating EVERYTHING: education, energy, FAA, FTC, DEA, FCC, ATF, FBI, EPA, Department of State, Interior, etc etc etc. In fact, the average American breaks 3 or more laws on their way to work, without even knowing it. If you took the US attorney from a federal court, if you took an agent from the ATF and asked them detailed questions about the law is it pertains to gun ownership they would fail because NO ONE can know or follow 51 volumes with over 23,000 pages and 3,000 various offenses. Not even the people that are the experts on the law or enforcing it.

America is a soft/benevolent bureaucratic totalitarian state with a democratic process at this point. The difference between us and say the former DDR or Soviet Union is that we smile and are a bit nicer about things, but government has given itself ALL the same powers and abilities. In fact, not even the Soviets or East Germans, at their height in the 60s, who were atheist, would have DARED close down all the churches like we did by decree from some government official.

[glennaro]

Tough to dispute any of your many points ... although I hoped — and still do hope — we have a president who will eventually put an end to some of this “new crap” ... but so far over the past six weeks he’s acting more like a politician than the leader/statesman he was during his first three years in office. Lots of reasons for doing so — I know — but in my mind and for a love of our Republic those reasons must be rendered irrelevant.

[bunkerhill7]

Gretchen’s bad hair day

[centurion316]

Obergruppenfuherer Whitmer will ignore the courts, she has plenty of corrupt judges in Michigan to help her destroy the Constitution and the rule of law. She will be stopped only when someone drags her from her bunker and suggests that it’s a great time to make S’mores.

[FrdmLvr]

Now AG Dana Nessle is implying there’s something in his past and she is threatening him with it, saying he’s the one who brought it on by bringing attention to himself. Sounds like Marxist retaliatory methods to me.

[EC Washington]

Don’t get too excited - Witless and her AG have signaled that they are not going to follow the judge’s orders. Another showdown is coming.