Petty Tyrants

          Let me say at the outset that I don’t envy the country’s governors and other government representatives trying to protect us from the ravages of the Wuhan virus (see my CHINA IS WHAT? post if you are questioning my choice of terms). Given the initial duplicity and continuing lies of the Chinese Communist Party, experts unfamiliarity with this strain of coronavirus, the inability to detect the virus in asymptomatic carriers, etc., government officials and healthcare workers have struggled mightily to contain the pandemic and lessen the sometimes deadly consequences of the Wu flu. 

            All Americans have been affected by this pandemic and everyone in the country has the greatest sympathy for those unfortunates who have died and their loved ones. 

            Having said that, one disturbing trend that appears all too frequently is that of government officials issuing stay-at-home orders that to many people are now too broad, unenforceable, unnecessary and maybe a tad totalitarian. We, the people, were told at the outset of this Chinese-made fiasco that if we didn’t self-quarantine and practice social distancing the United States healthcare system would be inundated with sick people, there wouldn’t be enough intensive care beds or ventilators for the ill, that, in short, the United States healthcare system would be overwhelmed. The prospect of that happening justified shutting down “non-essential” businesses, prohibiting people from worshiping at their church/synagogue/mosque, banning children from playgrounds and closing schools.

            And now? There are plenty of ventilators to go around. Hospitals have empty beds. The Navy hospital ship the USNS Comfort arrived in New York City on March 30^th. Governor Cuomo announced on April 21^st that its presence in New York was no longer necessary. 179 patients were treated on the Comfort. Similarly, the USNS Mercy arrived in Los Angeles on March 27^th. It stopped taking patients on April 30^th after treating 77 patients.  

            The military set up a field hospital on a base on Cape Cod. Massachusetts is one of the hardest hit states in the pandemic. The hospital closed in mid-May. Without treating a single patient. 

            Certainly, the herculean efforts of doctors, nurses and other healthcare workers have contributed to whatever positive outcomes we are witnessing. But my point, which is apparently shared by many Americans across the country, is why are these draconian shut down orders in existence in areas in which the Wuhan virus has not had a great impact? Why are businesses not in dense, crowded urban areas being treated the same way as businesses in New York City, Boston and Detroit?  

            What’s more, when this all started governors and healthcare leaders across the country told us that we had to “flatten the curve.” Hasn’t the curve been flattened?

            And what is with Michigan’s Governor Gretchen Whitmer? What was the purpose of permitting customers to enter hardware stores but then telling them they could purchase certain items but items one aisle over were verboten? Now she has tried to get a 77-year-old small town barber to close his shop. When he refused, the local police served Karl Manke with two citations ordering him to close his shop. However, in a win for the little man, a judge refused to enforce the citations and the county sheriff announced his officers would not be taking any action against Mr. Manke.

            So, what did Michigan’s governor do? She had the Department of Licensing and Regulatory Affairs suspend Mr. Manke’s license. This saga is ongoing since a local militia has decided to support Mr. Manke and vowed to stop the authorities from closing the shop. 

            This could get nasty.

            Most people by now know who Shelley Luther of Dallas is. She announced that she intended to open her hair salon so she and her stylists could support their families. She was served with papers ordering her to close the salon which she proceeded to tear up before the local media. She found herself before Judge Eric Moye who said she was “selfish” for opening her salon. 

            However, the kindly judge offered to not send her to jail if she would publicly apologize for seeking to feed her family. When Shelley refused, Judge Moye sentenced her to seven days in jail. And Shelley became a national celebrity. 

            After a day or two in jail, Shelley was released. The Texas Supreme Court ordered her release on the same day Governor Gregg Abbot retroactively amended his stay-at-home executive order to eliminate incarceration as a punishment for violation of the order. 

            And then there is New Jersey’s own, Governor Phil Murphy. Typical Wall Street rich guy who decides to run for political office because he loves the working man (sound familiar, fellow New Jerseyans?). Now, New Jersey is only second to New York in terms of number of case and deaths from the Wuhan virus. Nevertheless, people in New Jersey are getting frustrated with this lock down. And the governor has done little to assuage our affliction. Instead he seems to be suffering from that age-old malady of “open mouth, insert foot.” On April 15^th, Governor Murphy appeared on Tucker Carlson’s nightly opinion show. After recounting the fact that 15 congregants at a temple were arrested and charged with violating one of Governor Murphy’s lockdown orders, and the Bill of Rights gives all citizens the right to practice their religion and to peacefully assemble, Carlson asked Governor Murphy by what authority he chose to nullify the Bill of Rights. To which the governor responded “That’s above my pay grade, Tucker. I wasn’t thinking of the Bill of Rights when we did this.” The exchange begins at 10:35.

            Exactly two weeks later, Governor Murphy held a press conference to discuss the status of the coronavirus in New Jersey and his decision to re-open parks and golf courses to the public. He acknowledged the people who contacted him privately or who spoke publicly, urging this action to be taken. Notwithstanding the efforts of his constituents to express their views to their elected representative, the governor proudly announced that “[y]our interventions to me did not matter one little bit…we couldn’t frankly care…” See here. Relevant comments begin at 14:08.

            So, in New Jersey we are left with a governor who does not take the Bill of Rights into consideration in issuing orders which have rendered hundreds of thousands of New Jerseyans unemployed and ruined an untold number of businesses.  A governor who proclaims that he ignores the views of the citizens of his state. This is what we’re stuck with now? Does Murphy think he can treat the citizens of New Jersey like… like… like… we’re just a bunch of women soccer players? 

            Until the arrival of the Wuhan virus on the United States shores, it would be unthinkable in this country for politicians like Whitmer and Murphy to justify closing churches and synagogues but keeping supermarkets, Home Depots and Walmarts open.  To determine which businesses are “essential.” And which are not. By the way, I bet all the bar, restaurant, hair salon and barbershop owners think that their businesses are essential as they struggle to keep their businesses afloat, feed their families, pay their mortgages, etc.  

            Maybe having politicians pick winners and losers in this economy was justified at the outset of the pandemic. It’s not now. One way or another, people across this country are starting to live their lives. Professor Jacobson at Legalinsurrection.com reports this week that a citizen grass roots movement, Open the States, is calling on the country to end the state lock downs Friday, May 22^nd . The group provides a forum for petitioning federal and state officials to eliminate overly restrictive quarantine measures. The group is calling on businesses to reopen, people to patronize and support those establishments, etc.  on the 22nd. I guess we’ll see if politicians like Whitmer and Murphy get out of the way now. 

            Unfortunately, probably not. 

UPDATE: June 6, 2020

        The barber won! (at least for now). Yesterday, the Michigan Supreme Court vacated the preliminary injunction the Court of Appeals instructed the trial court to enter against Mr. Manke. I say he won for now because the Supreme Court vacated the orders of the lower courts on “technicalities.” Namely, a concurring opinion filed by Supreme Court Justice David Viviano points out that the Court of Appeals decision affirming the lower court’s issuance of a preliminary injunction against Mr. Manke was made by a 2-1 vote; Michigan court rules require unanimous decisions in cases of this type. Moreover, the Supreme Court felt that the parties should be afforded the opportunity to fully brief and conduct oral arguments before a decision was rendered; that also was not done. 

        However, this whole case may be moot, as Justice Viviano noted. Governor Whitmer has now decreed that barbershops, hair salons, etc., can reopen June 15th. 

       Still, the Supreme Court decision goes in the win column for the 77 year-old small town barber.

 

UPDATE: JUNE 24, 2020

This time the barber really won!

The State of Michigan has withdrawn its lawsuit against Mr. Manke. The pending appeal, discussed above, was also withdrawn by the Michigan Attorney General’s office. 

Good for Mr. Manke. The little guy can still win in this country (sometimes).