Wednesday’s Michigan House Subcommittee on the Weaponization of State Government hearing featured two small business owners sharing their stories of what they described as unconstitutional prosecution by state officials during the COVID-19 pandemic.
Owosso barber Karl Manke and Holland restaurant owner Marlena Hackney both testified about their treatment at the hands of Gov. Gretchen Whitmer and Attorney General Dana Nessel.
Manke explained his decision to reopen his barbershop in defiance of the governor’s shutdown orders, which he said extended far beyond the original two-week timeline. “I believed Gov. Whitmer was no longer governing, but ruling,” Manke said. “It was my duty to stand up to the tyranny I was experiencing.”
He continued to cut hair despite health department citations and said the state repeatedly attempted to shut him down.
“I am the storm,” Manke said, referring to his resolve in facing off against the state government. He argued that his rights had been denied and that he had no choice but to resist.
Hackney, who owns Marlena’s Bistro and Pizzeria, faced a similar battle. She remained open during the lockdown, posting a sign on her door that cited patrons’ Fourth Amendment and HIPAA rights as reasons they were not required to wear a mask. In response, the Michigan Department of Health and Human Services issued a cease-and-desist order and warned she would be arrested if she failed to comply.
Though both the Allegan and Ottawa County Sheriff’s Departments declined to arrest her, stating they supported her position, Hackney was arrested at 5 a.m. by state police and taken to Ingham County Jail, even though her alleged offense occurred in Ottawa County.
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Hackney, a Polish immigrant who fled communism in the 1980s, drew comparisons between her treatment in Michigan and the oppressive government she escaped. In email correspondence later revealed between Gov. Whitmer and AG Nessel, the two appeared to push for her arrest to be expedited because Hackney was scheduled to appear on Fox News’ Tucker Carlson Tonight.
Hackney believes her arrest was less about violating executive orders, many of which were later ruled unconstitutional by the Michigan Supreme Court, and more about suppressing her First Amendment rights.
Both Manke and Hackney testified that they felt targeted for protesting the governor’s executive orders.
Rep. Angela Rigas, R-Caledonia, who chairs the subcommittee, expressed sympathy for their situation. Rigas herself was previously sued by the state for noncompliance with COVID restrictions.
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“I’m sorry you had a government that let you down,” Rep. Jason Woolford, R-Howell, said.
Woolford and Rep. Josh Schriver, R-Oxford, called for accountability from the MDHHS, which they say was used by the Whitmer administration to enforce rules after the executive orders were overturned.
“This is the greatest country in the world,” Hackney said, adding that she hopes to see justice upheld.
Both Manke and Hackney are still facing legal battles and mounting court fees five years after the events. The subcommittee aims to hold state officials accountable for what it views as an abuse of power during the pandemic.
Watch the full hearing here: