Michigan Supreme Court sides with Owosso barber, sends case back to lower court

OWOSSO, MI -- The Michigan Supreme Court sided with Owosso barber Karl Manke’s appeal to invalidate a state Court of Appeals decision.

A Friday, June 5 order by the Michigan State Court ruled to vacate the Court of Appeals decision that ordered Shiawassee County Circuit Court Judge Matthew A. Stewart to issue a preliminary injunction to shut down Manke’s shop.

The case has been remanded to the Court of Appeals for additional consideration.

The issue came to a boil between Manke and the state Department of Health and Human Services after the 77-year-old reopened his shop May 4 in the face of an executive order by Gov. Gretchen Whitmer that ordered barber shops and salon to close over COVID-19 concerns.

Owosso barber asks Michigan Supreme Court to let him keep cutting hair

In the order, Justice David F. Viviano states, in part, “It is incumbent on the courts to ensure decisions are made according to the rule of law, not hysteria.”

“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,” said Viviano.

David A. Kallman, Manke’s attorney, said they are “ecstatic” about the order.

“We feel our legal arguments have been vindicated by the court’s ruling,” he told MLive-The Flint Journal Friday evening. “This has a big impact on the hearing that was set for next Thursday.”

The state Attorney General’s Office filed a motion this week to find Manke in contempt of court after he continue to cut hair following the Court of Appeals ruling.

Owosso barber says he won’t be bullied as Michigan AG’s Office files motion to find him in contempt of court

“That’s how vindictive they are against Karl,” said Kallman.

The motion asks for thousands of dollars in fines each day against Manke if he continued to operate.

“We’re very pleased. We’re happy and it’s a 7-0 decision by the Supreme Court," Kallman said.

The order also called the granting of a preliminary injunction by the Court of Appeals without an unanimous decision “inexplicable.”

Per Kallman, the argument is whether the executive order carried any weight after the state legislature did not extend the state of emergency at the end of April.

Michigan Court of Appeals orders Owosso barber’s shop to close

“The issue is why are people…being treated unequally under the order of law,” said Kallman of other businesses being allowed to open.

Whitmer has softened her stance on businesses, with some areas of the state already reopened for indoor business at restaurants.

The order added the Court of Appeals “should address whether (MDHHS’s) motion for a preliminary injunction is rendered moot now that the Governor has ordered that barbershops can open statewide on June 15, 2020.”

Michigan salons, barber shops can reopen June 15

“Hopefully, the Supreme Court will eventually get to that issue and we'll get a ruling,” Kallman said. “Without any of these executive orders the case against Karl crumbles.”

The barber’s license remains suspended, but Kallman plans to file for a stay.

Manke said Wednesday he has a right to work and would continue to do so in the face of court action and there were only a few ways he’d stop.

“Either Jesus comes, they cut my hands off or she resigns, one or the other,” he said.

A message sent by MLive-The Flint Journal seeking comment from the state Attorney Generals’ Office was not immediately returned Friday evening.

Editor’s note: A previous version of this story said the Supreme Court “overturned” the Court of Appeals decision. For the sake of clarity, we’ve changed the headline to say that the Supreme Court merely sided with the barber.

Owosso barber says he won’t be bullied as Michigan AG’s Office files motion to find him in contempt of court

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