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

22October 2020

GRAND HAVEN, Mich.– A Chiropractor has actually submitted suit versus state and county health authorities after receiving several cease and desist letters over supposedly not following mask protocols, letters his attorney claims are based upon 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 offenders in the event. 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 told FOX 17 in an interview Thursday.

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

The owner of Semlow received several cease and desist letters for supposedly not following masking procedures at his organization.

“They're threatening him with basically destroying his company through using an illegal process.”

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

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

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

“The Governor was informed by our Supreme Court simply 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 companies instead of by herself directly. Therefore it's type of like, Well, you know, she's ignoring what the Supreme Court stated.”

Kallman states that his customer does think in the requirement to take preventative measures versus the virus, however without giving up his rights.

“Of course, you do not toss caution to the wind. I mean, there's a virus that needs to be handled,” Kallman stated.

“Does that imply the Governor deserves to trample on our rights, our legal rights, and do things because she has good intents? We don't operate that way.”

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

“We're stating to the state, to Governor Whitmer, to the MDHHS, follow the law. We comprehend you have great objectives, we understand that you desire everybody to be safe. We want the exact same thing, but nobody is above the law.”

The Governor's workplace when reached for remark stated it is their practice not to discuss pending lawsuits.

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

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

A statement read, in part, “MDHHS Director Robert Gordon provided 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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