Owosso Barber Manke Demands The State Drop Actions Against Him
Owosso Barber Karl Manke has had to deal with a lot so far as he bucked the COVID-19 virus lockdown Orders from the Governor and safely opened and ran his barbershop. His actions were upheld by the Michigan State Supreme Court. But Democratic Governor Gretchen Whitmer and Attorney General Dana Nessel have failed to cancel state administrative and criminal actions against Manke. In the wake of sweeping decisions from the Michigan State Supreme Court effectively ending the Governors unilateral emergency declaration extension and subsequent virus lockdown and control Orders, Manke says it’s time for the state to come clean. He’s demanding all state actions against him be brought to a close.
In a nutshell, the State Supreme Court ruled in a split decision that the Governor may not use her primary legal basis of a 1945 state law to issue emergency orders. And in a unanimous and connected decision, the state’s High Court is ruling the Governor may not issue or renew Orders based on the later state law from the ’70s which clearly defines the need for action by the legislature to either support or veto emergency declarations and related Orders by a Governor. Barber Manke says it’s clear to him and should be to the Governor, that her unilateral control over Michigan has come to an end, and so should the state’s actions against a barber who was just trying to make a living.
Manke is being represented by Lansing area, Attorney David Kallman. He says similar administrative and criminal actions against several other clients also need to be closed out by the state. Immediately. Kallman and many other legal experts point out the Governor’s claim right after the Friday ruling that she had 21 days to keep her controls in place, has no legal foundation. The Supreme Court ruling took effect the moment it was issued. The rulings were the result of a requirement from U.S. District Court Judge Paul Maloney here in Michigan who directed two questions back to the state court involving a federal lawsuit challenging Whitmer’s constitutional grounds for issuing virus control Orders. Now those issues have been decided, a ruling from the federal court on the larger and broader legal issues involved may be issued yet this week.
Barber Manke may get his wish. Sort of. Attorney General Dana Nessel is issuing a statement that she will no longer enforce Governor’s Executive Orders through criminal prosecution. Seems cut and dry. But she’s adding that law enforcement agencies throughout Michigan, are still capable of enforcing the Governor’s Orders. ANd Nessel did not rule out some type of administrative actions the state may resort to.
That is leading many legal observers to point out she knows the end result of the State Supreme Court ruling nullifies what the Governor has been doing. But now she wants law enforcement departments throughout the state to go after people for Orders that the Supreme Court says have no legal standing. Something they say is not right. Whether the Michigan Attorney General will clarify her statement is anyone’s guess at this point.