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Not A Repeat: Rules Are For Little People.

Governor Gretchen Whitmer

Michigan and its Governor Gretchen Whitmer has been in the news lately after people refused to bow down and acquiesce to Whitmer’s overly broad and ridiculous lockdown rules.

The idiocy of the rules and Whitmer’s attitude of “you all must obey!” has been encapsulated by a fight over 77 year old barber Karl Manke. Unable to pay his bills, Manke reopened his shop gaining the support of many people in the area. After a request by Michigan to obtain a cease and desist order against Manke was not granted, without any sort of due process, the Michigan government suspended Manke’s professional license. Manke responded with action basically saying, “I don’t need no stinkin’ license” and continued cutting hair. Then, the Michigan Executive branch created new rules and laws because the people were no longer listening to Whitmer. Finally, last week, a Michigan Court ruled against Whitmer and her people in the Manke case, and said after reviewing the evidence and the positions of the parties, the court would not issue a cease and desist order against Manke.

We wondered from afar how much all this legal and law enforcement against a barber was costing the State of Michigan at a time when tax revenues are way down. It is hard for us to accept the idea that lawyers going after barber is any sort of “essential activity” which makes the lawyers and staff “non essential.”

Unlike people who aren’t in the government, those people retained their jobs and received a paycheck.

Now a new crisis and example of Whitmer’s “let them eat cake” attitude toward the average person has surfaced.
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Michigan Judge Sides With Barber.

We’ve written several times about Owosso, Michigan Karl Manke who defied the “stay at home” orders of Michigan Governor Gretchen Whitmer in order to make a living and pay his bills.

After the State tried to close Manke’s shop down, the State applied for a “cease and desist order” which would force the closure of the shop. Circuit Court Judge Matthew Stewart refused to issue the order saying he wanted to hold a full hearing.

As the State was shot down and could not get the cease and desist order, the Michigan Department of Licensing and Regulatory Affairs [LARA] suspended Manke’s license without cause or reason. At the same time, the State went to the Appeals Court asking that they order Judge Stewart to rule on the cease and desist order sooner rather than later.

The Court of Appeals said Judge Stewart needed to issue a ruling by Thursday, May 22, 2020.

In a classic case of “be careful what you wish for,” Stewart did indeed issue his ruling and formally denied the State its coveted “cease and desist” order against Manke.
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Michigan Has Officially Jumped Into The Land Where There Is No Law.

The government of the State of Michigan seems to have made it official: laws don’t matter any more. Do what they say, or else.

Michigan, as you remember is the home of Karl Manke, the 77 year old barber who defied an order from the governor, convinced a judge not to issue a “cease and desist” order for him to stop cutting hair, and then in retaliation, the State suspended his license.

All of this was too much for some of the people in and out of the state. A group called the Michigan Conservative Coalition organized a protest in the Michigan capital of Lansing called “Operation Haircut,” where barbers and stylists from in and out of the state cut hair for free.

The event with about 350 people was peaceful. However, the police decided to issue citations to seven people for cutting hair after being ordered to stop.

The citations were for “disorderly conduct” which the seven cited people took, put in their pockets and returned to cutting hair.
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Michigan Barber Has License Suspended.

A few days ago, we wrote about 77 year old Karl Manke, a barber in Owosso, Michigan who after being denied unemployment three times, decided he had to reopen his barber shop to make a living.

For him, there was no other option.

Police issued two citations which will be heard on June 23 in a Michigan Court.

Still refusing to stop cutting hair and close his shop, the State of Michigan sought an immediate “cease and desist order” from Circuit Court Judge Matthew Stewart. Stewart refused to grant the order, saying he wanted to hold a hearing where both sides could present evidence and make arguments for their position.

That did not please the State of Michigan.

Without any hearing or ability to appeal, the State of Michigan suspended Manke’s license.
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A Whole New Meaning To “Getting Screwed By The Judge.”

Mott-McCree-ROHAt one point in time, Wade McCree (seen on the right) was a judge in Michigan.

McCree is not one who displayed the highest ethical standards for a judge.

For example, the Michigan Supreme Court censured McCree for sending nude pictures of himself to one of his female bailiffs.

But while investigators were looking into that incident, another incident with McCree came to light.

Enter “the other woman.”

Geniene La’Shay Mott (seen on the left) came to McCree’s courtroom as a complainant in a case where she was asserting her ex, Robert King, was delinquent on his child support payments for a child he and Mott parented.

Mott and McCree hit it off in the courtroom and after that, they just started to hit it. (If’fn ya know what we mean.)

Not only was McCree being intimate with a person involved in a case over which he was presiding and should have recused himself, but he and Mott talked about the penalty King should receive.

MyFoxDetroit has messages between the two that show a disturbing exchange:

McCree: My Judicial Tenure Commission has me nervous, as you might expect. I have to be real careful until this matter is put to rest… you are the complaining witness on a case that is before me. Naturally if it got out that we were seeing each other before your B.D.’s (baby daddy) case closed, everybody could be in deep (expletive). Why you want to spend time with a man like me remains a mystery, but if you’ll have me… then as Bill Withers said, “use me up!” SMOOCHES.

……

McCree: OK, The math will be based on his failures since being placed on probation, but if U’r right, the threat of jail will loosen his purse strings!

Mott: OK, SO LET’S GO WITH WHAT YOU PROPOSED… GO 2 JAIL (150 DAYS), RELEASE UPON PAYMENT OF $1,500. OR, GET A TETHER & BRING BACK W/N 30 DAYS $2500 OR SERVE 9 MONTHS! BONUS: PAY W/N 30 DAYS, REMOVE TETHER. NOW BACK 2 US… WHAT ARE WE DOIN AFTER COURT THURSDAY???

King was thrown into prison for his actions.

How do we know all about this behind the scene drama?
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City of Warren Wins In Court Against The Freedom From Religion Foundation.

Warren-Decision-ROHEach year after Thanksgiving, the City of Warren, Michigan has erected a holiday display, The display includes a lighted tree, ribbons, ornaments, reindeer, wreaths, snowmen, a mailbox for Santa, elves, wrapped gift boxes, nutcrackers, poinsettias, candy canes, a “Winter Welcome” sign and a nativity scene.

In 2010, the group “Freedom from Religion Foundation” sent a letter to the city demanding the city remove the nativity scene.

The city refused.

The request was repeated and the refusal from the city was repeated.

The Freedom From Religion Foundation then sent a letter to the city asking it to place a “sandwich style sign” with the follow upon it:

At this season of
THE WINTER SOLSTICE
may reason prevail.
There are no gods,
no devils, no angels,
No heaven or hell.
There is only our natural world,
Religion is but
Myth and superstition
That hardens hearts
And enslaves minds.
Placed by the Freedom From Religion Foundation
On Behalf of its State Members
ffrf.org
State/Church
KEEP THEM SEPARATE
Freedom From Religion Foundation
ffrf.org

Warren Mayor James Fouts then sent a letter back to the Freedom From Religion Foundation:
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Dearborn Has Issues With The Constitution. Again.

Why is it that some areas whose elected officials swear to “protect and defend” the laws and the Constitution do the exact opposite?

Case in point is the city of Dearborn, Michigan.

We first took notice of Dearborn back in April of 2011. The first issue was when the city declared protesting on public property was not allowed. The city then doubled down on stupid and declared certain areas “free speech zones,” and relegated protestors to those “free speech zones” which just happened to be four miles from public property where the protestors wanted to protest.

The city lost those two cases in court, but then when a group of people stormed barricades designed to keep protestors and contra-protestors apart, it was the group that did not cross the barricades nor fail to obey police instructions that was blamed for the incident.

And of course, Dearborn was the “home” to the reality TV show “All American Muslim” which was cancelled amidst controversy after Lowes pulled advertisements from the show.

Now the city has lost another round in court where the free speech rights of citizens were violated.

The group “Stand Up America Now,” headed by Pastor Wayne Sapp and Pastor Terry Jones (yes, that Terry Jones) wanted to stand in a public area of a park and hand out literature concerning Christianity. They planned to do this on Holy Saturday, the day between Good Friday and Easter. The public area they chose to distribute the flyers was in front of the Dearborn Islamic Center.

The group filed for a permit and was told everything was fine and all they had to do was sign a waiver of indemnity called a “Hold Harmless Agreement” with the city.

The Hold Harmless Agreement the city of Dearborn required the group to sign contained the following terms:

a. “In consideration for the right to utilize City of Dearborn property. Standup America! and Wayne Sapp, their employees, representatives, agents and participants agree to RELEASE AND FOREVER DISCHARGE the City of Deaborn, a minicipal corporation, and its officers, employees and agents from any and all claims, liabilities, or lawsuits, including legal costs and reasonable attorney fees, resulting from their activities on City of Deaborn Property.

b. “Standup America!” and Wayne Sapp’s employees, agents, representatives, and participants have been notified of this Release, and are aware of, understand and fully appreciate, all possible risks associated with the participation in their activities on City of Dearborn property on April 7, 2012. These risks could result in damage to property, personal, and/or bodily injury or death, including injuries or death to the individual participants.

c. “Standup America!and Wayne Sapp hereby agree to defend, indemnify, and hold harmless the City of Dearborn, its officers, agents, representatives, and departments from and against any and all claims and causes of action of any kind arising out of or in connection with their activities on City of Dearborn Property.

The agreement effectively meant that if groups of counter protestors decided to get violent with the Stand Up America! group, the city had no duty to protect group. The city was simply saying to the protestors “you’re on your on. Good luck!”
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Quick Hits

Another Quick Hits post today following up on some stories we talked about before and a Rule 5 lady as well.

We posted how difficult it is to get fired from a federal job and Bloomberg.com has further proof. When it comes to the FAA, “‘You’re Fired’ Doesn’t Mean Fired to Four of 10 Air Controllers.”

Moments before a single-engine aircraft and a helicopter collided over the Hudson River near Manhattan in 2009, an air-traffic controller who should have been advising the plane’s pilot was on the phone, joking with an airport worker about a dead cat.

Nine people, including three teenage boys, died. The Teterboro, New Jersey, controller, whom safety investigators said was distracted and partly to blame for the accident, still works for the Federal Aviation Administration. Although the agency tried to fire him, his punishment was reduced to a suspension, a transfer and a demotion.

What happened to the controller isn’t surprising, according to data obtained by Bloomberg News under the Freedom of Information Act. More than four of every 10 air-traffic workers the FAA tried to fire over almost two years kept their jobs or were allowed to retire, the data show. That included two-thirds of those targeted for firing over drug or alcohol violations.

Whether it is sleeping on the job, violations of protocols, or substance abuse, it takes almost two years to terminate an air traffic controller.

Managers who crack down on bad employees often receive harassment, discrimination or whistle-blower complaints, said Mary Schiavo, a former Transportation Department inspector general.

“Federal managers take the easy way out and let some underperformers or troublemakers retire, or they transfer them,” said Schiavo, now an attorney with Motley Rice LLC in Mount Pleasant, South Carolina. “It is just easier to go with the flow than weed out underperformers.”

Think about that the next time you step onto a plane.


Last month we talked about BROWN v. ENTERTAINMENT MERCHANTS ASSOCIATION where the Supreme Court correctly ruled that the state of California does not have the right to restrict free speech because they don’t like what is being said or portrayed. Californians may be on the hook for some cash for the misguided legislature attempting to be more of a “nanny state.”
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