LANSING, Mich. (Legal Newsline) – A barber waging war on Michigan’s coronavirus shutdown order scored a win Friday when the Michigan Supreme Court overturned the decision to revoke his license.
The court’s unanimous decision in favor of Karl Manke will reinstate his license as he vows to continue operating his barber shop. It also prevents him from being fined by Gov. Gretchen Whitmer and Attorney General Dana Nessel.
Manke refused to close his shop after it was deemed nonessential during the pandemic. The ruling overturns a decision by the state Court of Appeals, where it will return for further consideration.
Justice David Viviano called it explicable that the Court of Appeals granted the peremptory relief sought by the state Department of Health and Human Services.
“In addition, the majority decided the important constitutional issues of first impression raised by defendant without plenary consideration, full briefing, oral argument, or an opportunity for amici curiae to file briefs,” Viviano wrote.
“And it allowed the Department of Health and Human Services to argue these points as a basis for reversal even though the Department never responded to these arguments in the trial court.”
Barbershops will be opened statewide on June 15. The Court of Appeals will need to consider whether Manke’s motion for an injunction against the State is now moot.
“It is incumbent on the courts to ensure decisions are made according to the rule of law, not hysteria,” Viviano wrote.
“Here, in addition to entering an order whose validity is highly suspect, the Court of Appeals majority took the extraordinary step of directing the trial court to take immediate action despite the fact that an application for leave had already been filed in our Court.”