SHIAWASSEE COUNTY, MI – A pair of misdemeanor criminal violations against Owosso barber Karl Manke for violating Gov. Gretchen Whitmer’s executive orders have been dropped by the Shiawassee County prosecutor.
David Kallman, Manke’s attorney, told MLive-The Flint Journal Monday afternoon the alleged violations were made moot by the state Supreme Court’s ruling against Gov. Gretchen Whitmer’s executive orders.
The state’s high court recently ruled the governor does not have the authority under state law to continue a state of emergency without the support of the legislature.
Whitmer had relied on the 1976 Emergency Management Act and the 1945 Emergency Powers of the Governor Act to issue executive orders that required masks in public spaces, limited crowd sizes, and closed various establishments.
Related: Michigan Supreme Court denies request to extend Whitmer’s emergency powers
Manke, 78, opened up his shop on May 4 despite an executive order that shut down salons and barbershops on March 17 in the state meant to reduce the spread of COVID-19.
Kallman noted the case against Manke had been put on hold a few times, as the outcome of the state Supreme Court decision had not yet been made.
“I’m not surprised (Shiawassee County Prosecutor) Scott (Koerner) went through and dismissed the charges,” said Kallman. “We appreciate the prosecutor simply following the law…Karl is very happy about it.”
Manke become a figurehead in the pushback against the executive orders, drawing crowds from near and far outside his shop in the small Shiawassee County community. Barber shops and salons were allowed to reopen statewide in mid-June.
Related: Owosso barber says shop will stay open ‘until Jesus walks in or until they arrest me’
“I appreciate the prosecutor dismissing all criminal charges against me in light of the Supreme Court’s decision. It is definitely a weight off my shoulders. I just want to earn a living, and I am not a health threat to anyone,” said Manke. “The courts have consistently upheld my constitutional rights affirming that the governor’s attempts to shut me down were out of line.”
The only legal issue remaining for Manke, Kallman said, is a complaint that had been made to revoke and sanction his barber license due to a concern over public health and safety in staying opening amid the COVID-19 pandemic.
A Nov. 19 administrative hearing is still set on the license issue, but Kallman added that move was also based on the previous executive orders and he is asking the governor and Michigan Attorney General Dana Nessel to drop the complaint.
Ryan Jarvi, a spokesman for Nessel, said a decision on the move would come from the Michigan Department of Licensing and Regulatory Affairs, or LARA, not the Attorney General’s office.
More on MLive:
State drops lawsuit aimed at shutting down defiant Owosso barber
Owosso barber who fought state order to close has license reinstated
Michigan salons, barbershops ready to reopen after confusion over coronavirus safety guidelines