With Michigan legislature scheduled to meet to determine whether or not it will extend Governor Gretchen Whitmer’s emergency powers, some in Michigan are fed up with the restrictive executive orders already in place. Earlier this week, the Butzel Long law firm filed a lawsuit against Whitmer on behalf of five small business owners “regarding the limits of a state’s police power.” According to a release, the plaintiffs are demanding a trial by jury and states “a declaratory and injunctive relief is sought in violation of the constitutional rights of the businesses.”

The Michigan state capitol building in Lansing. Image via San906/Wikimedia Commons. (CCA-BY-1.0)

The release continued:"The lawsuit cites speculative modeling on the infectiousness and lethality of a new coronavirus, Governor Whitmer has issued executive orders that have shuttered civil society, placed 10 million people under house arrest and taken jobs away from nearly 1.2 million people, all without due process of law. The Governor has not disclosed the data or methodology used to create the modeling that purportedly justifies this extreme action."The five businesses involved in the lawsuit include the following:

• Signature Southeby’s International Realty, Inc., a full-service residential brokerage in Birmingham.

• Executive Property Maintenance, Inc. in Canton which provides commercial, municipal, and residential clients lawns, snow and ice maintenance; fertilization; property maintenance; planting; softscape; hardscape; design and build; irrigation; and water feature services.

• Intraco Corporation, Inc. in Troy is a diversified exporter of architectural and automotive glass, automotive chemicals, and other goods.

• Casite Intraco, LLC in Troy distributes engine oil, fuel additives, and other after-market products for automobiles.

• Bahash & Company, LLC doing business as Hillsdale Jewelers is a storefront retailer of jewelry and offers jewelry-repair services in Hillsdale.

According to Butzel Long law firm, by implementing “Executive Order 2020-38, Whitmer suspended the Freedom of Information Act through June 4, 2020, preventing outside assessment of the modeling used to justify locking down the entire State.” The firm stated:"The Governor’s initial Executive Order was premised on the perceived need to 'flatten the curve' so as to avoid overwhelming the State’s hospitals and healthcare centers. Although the curve has been flattened, the Governor has issued stricter and confusing Executive Orders that unreasonably and unnecessarily interfere with the Plaintiffs’ constitutional rights. Plaintiffs are affected by the Governor’s orders."The lawsuit, which was filed by firm attorneys Daniel J. McCarthy and Joseph E. Richotte, also names Robert Gordon, the director of the state's Department of Health and Human Services. They said:"Under threat of criminal penalties, they have been forced to close or significantly restrict their businesses, depriving them of their liberty and property interests without due process. Without offering any justification, the Governor has allowed and is still allowing, other businesses deemed ‘critical’ to stay open, even though: (a) critical businesses must adhere to guidance from the U.S. Centers for Disease Control and Prevention (“CDC”) on social distancing; and (b) Plaintiffs are fully capable of adhering to those same guide-lines if allowed to reopen."

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5 businesses sue Gov. Gretchen Whitmer over constitutional rights from shutdownBusinesses Sue Governor Gretchen Whitmer Over Virus Shutdown