COMMENTARY: Force of lockdown gets a blunt cut in barber's case

By Marie E. Matyjaszek

Most Michiganders have been lamenting the closure of businesses and facilities during the COVID-19 lockdown.

Among the most complained about aspects of the lockdown was the closure of hair salons and barber shops, because, well, vanity, and we also love our stylists. The economy has undoubtedly suffered due to the shutdown, and like many others, stylists were left without any source of income.

In the Michigan town of Owosso, barber Karl Manke took up the cause in rallying against Governor Gretchen Whitmer’s shutdown order. After the state banned the operation of salons during the lockdown to help curb the spread of the coronavirus, Manke continued to cut hair, and joined other hairdressers in doing so outside of the State Capitol during a protest rally. His barber’s license was suspended and citations were issued for his defiance of the order, with a legal battle ensuing with the Michigan Department of Health and Human Services. When the department failed to obtain a temporary restraining order against Manke at the trial court level, it appealed and won, shutting down his shop.

Manke’s defense rested on the governor’s executive orders being a violation of his constitutional rights to First Amendment speech, and equal protection under the law. On June 5, the Michigan Supreme Court unanimously ruled in Manke’s favor, invalidating the lower court’s ruling that Manke had to shutter his doors.

While Manke is no longer in violation of the executive order allowing his shop to legally open, his barber’s license has yet to be restored.

Manke’s attorney, David Kallman, has stated that they are seeking the suspension to be frozen by a local judge. Governor Whitmer recently announced that barber shops and salons can open June 15, making most of this case moot. However, Manke’s case will prove to be influential if Michigan faces a lockdown in the future. People certainly have been swept up in his story.
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Marie E. Matyjaszek is an attorney referee at the Washtenaw County Friend of the Court; however, the views expressed in this column are her own. She can be reached by e-mailing her at matyjasz@hotmail.com.