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

22October 2020

GRAND HAVEN, Mich.– A Chiropractor has actually filed match versus state and county health authorities after receiving several cease and desist letters over presumably not following mask procedures, letters his lawyer claims are based upon unlawful orders released 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 suit, 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 offenders in the case. Director of the MDHHS, Robert Gordon, and director of the Ottawa County Department of Public Health, Marcia Mansaray, are likewise listed on the filing.

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

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

The owner of Semlow got numerous stop and desist letters for apparently not following masking protocols at his business.

“They're threatening him with essentially ruining his company through making use of an illegal procedure.”

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

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

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

“The Governor was told by our Supreme Court just a couple of short 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 companies instead of by herself straight. Therefore it's kind of like, Well, you know, she's overlooking what the Supreme Court said.”

Kallman says that his client does think in the requirement to take precautions against the infection, but without giving up his rights.

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

“Does that indicate the Governor has the right to stomp on our rights, our legal rights, and do things since she has great intents? We don't run that method.”

The match is asking the court for a ruling that would declare the MDHHS order illegal and invalid.

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

The Governor's office when reached for comment said it is their practice not to talk about 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 spokeswoman for the Michigan Department of Health and Human Services states that they have actually not yet been served with the suit, so they do not know the degree of what is being alleged. They do state they are positive the order issued by director Robert Gordon are legal.

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


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