Name: Judge won't order Owosso barber to close shop yet, but he faces 2 misdemeanors after reopening during shutdown
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Judge won't order Owosso barber to close shop yet, but he faces 2 misdemeanors after reopening during shutdown

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Lansing State Journal OWOSSO&nbsp;– A Shiawassee County judge has denied the state’s request to simply sign a temporary restraining order against an Owosso barber.Instead, Karl Manke and his attorneys will have the chance to argue against the request state attorneys made based on his decision to reopen his barbershop amid the COVID-19 pandemic being "an imminent danger to public health"&nbsp;Stephen Kallman, one of two attorneys representing Manke,&nbsp;stepped out onto the steps of Manke’s barbershop just minutes after a press conference to say Circuit Court Judge Matthew Stewart had&nbsp;refused to sign the order.The news was met with cheers from supporters gathered outside.&nbsp;The Attorney General's office later clarified Stewart wouldn't sign before holding a hearing, something Manke's attorneys said they requested.&nbsp;"The Court wanted to provide Mr. Manke with an opportunity for a hearing on the request for an injunction, despite the clear public health dangers that continued operation of his business creates," spokesman Ryan Jarvi wrote in the statement.&nbsp; &nbsp;Manke, 77, still faces two misdemeanor charges&nbsp;He is charged with a health department violation and with violating , according to Shiawassee County District Court records.&nbsp;He faces a more than $1,000 fine and is set to be arraigned on June 23, court records show.&nbsp;The charges haven't phased him.&nbsp;"I’m gonna stay open til Jesus comes," Manke said during the press conference late Monday afternoon.&nbsp;Manke reopened his&nbsp;shop, Karl Manke's Barber &amp; Beauty on Main Street, a week ago, violating .&nbsp;&nbsp;The state also issued a cease and desist order on Friday, but that isn’t enforceable, according to David Kallman, Manke’s other attorney.Manke exited the door of his barbershop before Monday's press conference to cheers from supporters who have gathered in recent days.&nbsp;He thanked them and others for their support, holding back tears as the small crowd chanted his name.&nbsp;Manke has been a barber for nearly 60 years&nbsp;— longer than Whitmer has been alive, he pointed out.&nbsp;In that time, he's never seen anything like the government regulations during the current pandemic.&nbsp;"I've never seen this type of oppression by a government, ever, not even in the '60s," Manke said. "The government is not my parent. Never has been."&nbsp;He followed the order for nonessential businesses to remain closed at first — barbershops, salons and other businesses not deemed critical have been shuttered under Whitmer's executive order&nbsp;since March 21.&nbsp;But after being closed for six weeks, the announcement that the shutdown would last longer changed things, Manke said.&nbsp;Michigan reopening:Manke is an entrepreneur, and he has other ways of making money, such as selling the novels he's penned. But the shutdown has stalled all of that, he said, specifically citing an inability to do book signings.&nbsp;"I have other ways of being able to substantiate an income, but it’s all gone," he said.&nbsp;That left reopening his barbershop as the only way for him make money.&nbsp;Kallman said that motivation is key because Manke "has made it clear he has no animus to anyone."&nbsp;"He just wants to work," Kallman said. "And he wants to do it in a safe and responsible way."Kallman said Manke's case is strong, largely because it's his opinion Whitmer's extension of the order without approval from the Legislature is illegal.&nbsp;Barbershop reopens:Some law enforcement agencies agree.&nbsp;Shiawassee County Sheriff Brian BeGole wrote in a letter Monday that his office will not enforce the governor's executive orders.&nbsp;"With limited resources, staffing and facilities, our priority focus will be on enforcing duly passed laws for the protection of Shiawassee County citizens,"&nbsp;BeGole wrote. "I have decided, within my authority, that our office cannot and will not divert our primary resources and efforts towards enforcement of the Governor Whitmer's executive orders." &nbsp;Instead, the office will focus on "keeping the peace in this community."Perry Mayor James Huguelet issued an administrative order Monday indicating the city will continue not to strictly enforce the executive order and will not assist other law enforcement agencies in doing so.Kallman referenced both statements.Kallman's firm also is involved in the federal lawsuit a group of churches filed against the executive orders. The group is holding on serving that complaint after the most recent order exempted places of worship.&nbsp;The reasoning behind both lawsuits is simple, Kallman said.&nbsp;"If you would walk down the aisles in Walmart, it would seem to me you can walk down the aisles in a church," he said. "You can walk down the aisles in Karl’s barber shop."Whitmer said during a separate press conference that she understands the frustration Manke, his supporters and others are feeling as the economy struggles during the shutdown.&nbsp;"I know how frustrating this can be, how tough this can be for people across our state, people who are self-isolating, people who are doing all the right things that contributed to the decline we’ve seen," Whitmer said. "I also know a lot of people who could use a haircut, yours truly included, as well as my husband, quite frankly."The measures Whitmer has taken to slow the spread of the coronavirus have saved lives, she said, and the most crucial thing for businesses is to have healthy customers and employees who feel safe coming to work.Stay home order:"What we need to do is continue what we have done,"&nbsp;she said. "It’s working. For people that want to voice their frustration, that’s fine, but I expect people to follow the law."Whitmer pointed out the executive orders are law unless a court rules in the contrary.She added Manke might be risking his business license by continuing to flout the executive order.&nbsp;Kallman said he'll fight the state if officials take administrative actions against Manke's license.&nbsp;"I would view that as very vindictive I would view that as onerous," he said.&nbsp;That's against the spirit Manke and his attorneys are bringing to the table, Kallman said.&nbsp;"There are lots of good people here," he said. "We’re just on different sides of this issue."Those who think about it the way Manke does say people should be able to make their own decisions."If people don’t feel safe, they should stay home," he said.&nbsp;Others should be able to work and do as they please, he added, as long as they're doing so safely and responsibly.&nbsp;People can't take the alternative for much longer, Kallman said.&nbsp;Contact reporter Megan Banta at mbanta@lsj.com. Follow her on Twitter @MeganBanta_1.

Lansing State Journal OWOSSO&nbsp;– A Shiawassee County judge has denied the state’s request to simply sign a temporary restraining order against an Owosso barber.Instead, Karl Manke and his attorneys will have the chance to argue against the request state attorneys made based on his decision to reopen his barbershop amid the COVID-19 pandemic being "an imminent danger to public health"&nbsp;Stephen Kallman, one of two attorneys representing Manke,&nbsp;stepped out onto the steps of Manke’s barbershop just minutes after a press conference to say Circuit Court Judge Matthew Stewart...

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Megan Banta

The Detroit Free Press is the largest daily newspaper in Detroit, Michigan, US. The Sunday edition is titled the Sunday Free Press. It is sometimes referred to as the Freep (reflected in the paper's web address, www.freep.com). It primarily serves Wayne, Oakland, Macomb, Livingston, Washtenaw, and Monroe counties.  The Free Press is also the largest city newspaper owned by Gannett, which also publishes USA Today. The Free Press has received ten Pulitzer Prizes and four Emmy Awards. Its motto is "On Guard for 189 Years".

Judge won't order Owosso barber to close shop yet, but he faces 2 misdemeanors after reopening during shutdown

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