Shiawassee Times

An Owosso barber has been ordered by a Shiawassee Circuit Judge to shut down his barbershop until the health department rescinds its "imminent danger and abatement" order, MLive reported.

Shiawassee Circuit Judge Matthew Stewart told Karl Manke to close and lock his barbershop immediately on May 29, having reversed his previous decision to allow the barber to continue working during the COVID-19 pandemic.

The judge had previously ruled that Manke could continue working in his shop, ruling against the state in an injunction case. This came after Gov. Gretchen Whitmer issued executive orders requiring businesses like Manke's to close because of the pandemic.

The Michigan Court of Appeals then ordered Stewart to have Manke shut down the shop. Manke had reopened his shop on May 4, defying Whitmer's executive orders. His attorneys have filed an appeal.

“We were astounded that the Court of Appeals majority would issue a decision that so clearly violates the law and court rules," David Kallman, an attorney for Manke, said in a press release, reported by MLive. "We applaud Judge (Brock A.) Swartzle for his commitment to adhere to the rule of law."

Kallman also said that the appeal to the Michigan Supreme Court would give Manke a chance to be heard. MLive reports that the filing with the Supreme Court alleges the state failed to show how Manke's shop was causing any harm.

“The state’s entire case rests upon fear, speculation and hyperbole," says the emergency application for leave to appeal to the state Supreme Court, reported by MLive. "Rather than providing evidence of infection being spread by Mr. Manke, the state just repeatedly proclaims the general dangers from the COVID-19 virus. We live in a free country whose Constitution remains relevant and in force, even during a pandemic.”