Michigan Judge Rules Owosso Barber Can Stay Open
Everyone by now has heard of Karl Manke, the barber from Owosso Michigan who has become both a local and national symbol of resistance in Michigan. That resistance was and is against Whitmer’s executive orders closing most businesses in Michigan and sinking this state's economy into the dumpster.
I understand that there is a virus that these governors must deal with but we were told the economy would only be shut down to “flatten the curve” and to stop a run on our hospitals. The curve was flattened weeks ago and there was never a run on our hospitals in fact the exact opposite happened, the hospitals had to lay-off people due to no business.
Because Karl said he had enough and had to get back to work and feed his family Whitmer and AG Nessel ordered Michigan’s Licensing and Regulatory (LARA) to pull his business license. Karl took them to court and won, for now.
This afternoon Shiawassee County Circuit Judge Matthew Stewart refused to issue a preliminary injunction against Mr. Manke. The judge felt it was a “close call” but that the state failed to demonstrate that Manke was posing an imminent public health and safety threat.
According to a Detroit News article, Judge Stewart stated that the alleged threat by Whitmer:
"must be actual and not theoretical"
The judge then asked the assistant attorney general Joseph Potchen why they did not have Karl Manke arrested if they felt he was such a great public health or safety risk.
Mr. Potchen replied:
"We're not looking to arrest him or throw him in jail ... just close his business until it is safe...This is not a clean business...There is close physical contact. You see the pictures of clients not wearing masks or the waiting room where safe distancing is not being practiced."
Mr. Manke’s attorney David Kallman said his client is standing up for his First Amendment rights. He went on to say:
"He's protesting the government lockdown...This is symbolic speech. This is happening because they're trying to silence him."
He then went on to say:
"Why is General Motors open? Why is Walmart open? Why is Taco Bell open?"
Good question David.
Our constitutional rights won today in court. The question is what happens next, what will Governor Whitmer's reaction be?
Unfortunately in today's legal system our constitutional rights will only be upheld if your case comes in front of a judge who believes in the written law as opposed to a judge who wants to bend and twist it to their needs and agenda.