Chiropractor’s suit argues MDHHS orders are unlawful, seeks ruling from Court of Claims – Fox17

22October 2020

GRAND HAVEN, Mich.– A Chiropractor has filed match against state and county health officials after getting numerous cease and desist letters over presumably not following mask protocols, letters his attorney claims are based upon illegal orders provided by the Michigan Department of Health and Human Services.

The owner of Semlow Peak Performance Chiropractic, on S Beechtree Street in Grand Haven, is being represented by Attorney David Kallman.

The fit, submitted Tuesday in Michigan's Court of Claims, lists Governor Whitmer, the Department of Health and Human Services, the Ottawa County Department of Public Health as defendants in the case. Director of the MDHHS, Robert Gordon, and director of the Ottawa County Department of Public Health, Marcia Mansaray, are likewise noted on the filing.

“It was the Ottawa County Department of Public Health, the local department, that began this,” Kallman told FOX 17 in an interview Thursday.

“They're the ones that sent the stop and desist letter.”

The owner of Semlow got numerous cease and desist letters for presumably not following masking protocols at his company.

“They're threatening him with basically ruining his business through the use of an unlawful process.”

Kallman states the letters are based upon an order released by Robert Gordon, Director of the state department of Health and Human Services.

“And that if they did not comply with that requirement, then they might be dealing with criminal charges, they could be facing the summary suspension of their license. And they might be dealing with a case in court where they would request injunctions by the judge, to close down their organization.”

The problem, Kallman argues, is that the order from the MDHHS is illegal.

“The Governor was informed by our Supreme Court simply a couple of brief weeks ago that they were acting outside the scope of their authority, what they were doing was unconstitutional,” Kallman said.

“Now she's just doing it through the agencies rather of by herself straight. Therefore it's kind of like, Well, you know, she's overlooking what the Supreme Court said.”

Kallman states that his client does think in the need to take preventative measures against the virus, however without giving up his rights.

“Of course, you don't throw caution to the wind. I indicate, there's a virus that needs to be handled,” Kallman stated.

“Does that imply the Governor has the right to stomp on our rights, our legal rights, and do things due to the fact that she has excellent intentions? We don't run that method.”

The suit is asking the court for a judgment that would declare the MDHHS order unlawful and invalid.

“We're stating to the state, to Governor Whitmer, to the MDHHS, follow the law. We comprehend you have great objectives, we understand that you want everyone to be safe. We desire the same thing, but nobody is above the law.”

The Governor's office when reached for comment stated it is their practice not to discuss pending litigation.

The Ottawa County Health Department referred our ask for comment to their legal counsel, who has not yet sent a statement in action to the fit.

A spokesperson for the Michigan Department of Health and Human Services says that they have actually not yet been served with the suit, so they do not understand the level of what is being alleged. They do say they are confident the order released by director Robert Gordon are lawful.

A declaration read, in part, “MDHHS Director Robert Gordon released the order under a various law than the law invalidated by the Michigan Supreme Court. The law under which Director Gordon acted was enacted by the Michigan Legislature specifically to deal with epidemics.”

Source: fox17online.com

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