21October 2020
( The Center Square)– A medical center submitted a suit in the Court of Claims, targeting Gov. Gretchen Whitmer's administration's statewide mask mandate.
The Ottawa County Department of Public Health issued a cease-and-desist order to Grand Haven-based Semlow Peak Performance Chiropractic. The order looks for compliance with an Oct. 5 Michigan Department of Health and Human Services (MDHHS) emergency order issued by Director Robert Gordon.
The cease-and-desist order is dated Oct. 6 however wasn't served up until Oct. 16, declaring that the center is not adhering to the mask mandate.
A 2nd emergency order superseded Gordon's Oct. 5th order on Oct 9.
The suit argues the 1978 law pointed out by Gordon authorizes him to “prohibit the event of individuals for any purpose” and to “establish treatments … to insure continuation of important public health services,” but provides no authority to need masks at personal businesses.
Dr. Kirk J. Semlow, owner and operator of Semlow Chiropractic, asked the court for declaratory and injunctive relief against the order's enforcement.
The Michigan Supreme Court on Oct. 2 ruled Whitmer's executive orders after April 30 were unconstitutional and advised Whitmer and the legislature interact to secure Michiganders from COVID-19.
Ever since, Whitmer has relied on a backup source of power, including MDHHS, to issue and impose her now-void orders.
In a news release, the physician argued Whitmer and the legislature need to collaborate to safeguard Michiganders.
“The Supreme Court has ruled and the Governor should abide by its ruling. We reside in a representative republic and are not ruled by someone. My organization is not a health threat to anyone, and we take suitable precautions in offering our services to patients,” Semlow said in a declaration.
Lansing lawyer David A. Kallman is representing Semlow.
“It appears we when again have to request that our courts support our customers' legal rights. These more efforts to close down Michigan companies is out of line. Dr. Semlow's business is not a risk to the general public's health, security, or welfare,” Kallman said in a declaration.
“He will battle to support the guideline of law and restore good governance in Michigan. We get in touch with Governor Whitmer to adhere to the Supreme Court's judgment and work with the Legislature to adopt an appropriate COVID-19 plan.”
The suit was announced Wednesday, the same day Whitmer and other state officials “sounded the alarm bells” about increasing rates of COVID-19 as winter approaches and Michiganders spend more time inside, where it's more likely to spread the breathing infection.
State officials encouraged Michiganders to wear masks while inside with people outside instant family, and even when dining-in at dining establishments prior to and after eating.Source: thecentersquare.com