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 against state and county health officials after getting numerous cease and desist letters over supposedly not following mask procedures, letters his lawyer claims are based on illegal orders provided 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 fit, filed Tuesday in Michigan's Court of Claims, notes Governor Whitmer, the Department of Health and Human Services, the Ottawa County Department of Public Health as accuseds in the case. Director of the MDHHS, Robert Gordon, and director of the Ottawa County Department of Public Health, Marcia Mansaray, are also listed on the filing.

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

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

The owner of Semlow got multiple stop and desist letters for allegedly not following masking procedures at his organization.

“They're threatening him with basically destroying his service through making use of an illegal procedure.”

Kallman states 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 abide by that requirement, then they might be dealing with criminal charges, they could be dealing with the summary suspension of their license. And they could be facing a case in court where they would request for injunctions by the judge, to shut down their business.”

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 brief weeks ago that they were acting outside the scope of their authority, what they were doing was unconstitutional,” Kallman stated.

“Now she's simply doing it through the agencies rather of by herself directly. And so it's sort of like, Well, you understand, she's ignoring what the Supreme Court said.”

Kallman states that his client does think in the requirement to take safety measures against the infection, however without quiting his rights.

“Of course, you do not throw care to the wind. I indicate, there's a virus that needs to be dealt with,” Kallman stated.

“Does that imply the Governor has the right to stomp on our rights, our legal rights, and do things since she has excellent intentions? We don't operate that way.”

The fit is asking the court for a judgment that would state the MDHHS order illegal and void.

“We're saying to the state, to Governor Whitmer, to the MDHHS, follow the law. We understand you have great intents, we understand that you want everybody to be safe. We want the same thing, however no one is above the law.”

The Governor's office when reached for remark said it is their practice not to discuss pending litigation.

The Ottawa County Health Department referred our ask for comment to their legal counsel, who has not yet sent out a declaration in reaction to the match.

A spokeswoman for the Michigan Department of Health and Human Services states that they have not yet been served with the suit, so they do not understand the extent of what is being declared. They do say they are confident the order issued by director Robert Gordon are lawful.

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


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