Northern Michigan Business Files Lawsuit Over Gov. Whitmer’s Mask Executive Order

“The issue really isn’t so much the mask, the issue is the governor using executive orders that are in our opinion, unlawful, illegal.”

A Northern Michigan business is taking Governor Gretchen Whitmer to court over her executive orders. 08 12 2020 Friske Orchard Lawsuit Pkg 6

Friske Orchards Farm Market has filed a lawsuit against Gov. Whitmer over her mask executive order.

The Charlevoix business hasn’t followed the mask mandate, instead taking the stance each employee and guest can make their own “health choice.”

“The issue really isn’t so much the mask,” said their attorney David Kallman. “The issue is the governor using executive orders that are in our opinion, unlawful, illegal.”

On top of challenging the legality of the orders, their lawsuit challenges the way orders have been enforced.

“The governor is weaponizing her state agencies to go after people for violating her executive orders,” Kallman said.

Several state administrative offices have taken action against the company because of their failure to comply.

Kallman says they can’t do that.

“If they feel the Friske’s aren’t complying with the executive order, there sole remedy is to bring a criminal misdemeanor charge and do it in the court system, not in the governor’s administrative system,” Kallman said.

Friske says they now face the forced closure of their business because of their stance.

Northern Michigan’s News Leader asked: “why not just have people wear masks? Some people will see it as just as simple as that.”

“Good intentions are great and we all agree there’s a virus, it’s dangerous, but that doesn’t mean our constitution gets thrown to the side, they still have to do things in a property legal matter,” Kallman said.

Kallman has also been part of two other lawsuits against the governor.

“To me it’s not political at all,  it’s down to the principals involved, good governance and following the law and following the constitution,” Kallman said.
Gov. Whitmer’s office tells Northern Michigan’s News Leader it is their policy to not comment on pending litigation.


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