GAYLORD, Mich. (Michigan News Source) – Moore Murphy Hospitality, LLC, doing business as the Iron Pig Smokehouse, a well-known BBQ spot in Gaylord, Michigan, is still in court, currently battling it out with the Health Department of Northwest Michigan (HDNW). This fight, rooted in the COVID-19 pandemic, started when the restaurant defied state-issued health orders during the height of pandemic lockdowns.

The restaurant allowed indoor dining in November 2020, despite state mandates that required closure to limit the spread of the virus. This led to the suspension of its liquor license and food service license, sparking a legal firestorm involving state and local government, that has continued into 2024.

Courtroom showdowns.

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The case has seen its ups and downs over the years, with partial wins when the Otsego County Circuit Court, in 2022, ruled that the MDHHS emergency order violated the nondelegation doctrine and the Michigan Constitution’s strict separation of powers concerning MCL 333.2253 that grants emergency powers to the state’s director of the Department of Health and Human Services.

And in 2023, the Iron Pig filed a declaratory action in Otsego County Circuit Court. The judge found the local health department emergency order (MCL 333.2453) was also in violation of the nondelegation doctrine and the Michigan Constitution’s strict separation of powers. This statute grants health officers the authority to take action to control health hazards within their jurisdictions.

However, MCL 333.2451, the foundation of the health department’s authority, has remained intact, granting local health officers the power to issue emergency orders in response to imminent public health dangers. If the director of a local health department determines that controlling an epidemic is necessary to protect public health, they can issue orders to restrict movement, regulate businesses, or take other actions deemed necessary, including enforcing quarantines, isolation, and other public health measures.

According to the Iron Pig, this law violates Michigan’s constitutional separation of powers and they filed an appeal in May of this year. The restaurant argues that the law unfairly delegates legislative power to unelected local health officers – allowing them to shut down businesses without proper judicial oversight. The Iron Pig now aims to overturn this remaining statute, with their case moving to the Michigan Court of Appeals where the court has been briefed and will schedule oral arguments.

What are the plaintiff’s arguments?

The Iron Pig Smokehouse, the plaintiff in this case, argues that Michigan law MCL 333.2451 violates both the U.S. and Michigan Constitutions. According to the restaurant, the law improperly delegates legislative power to unelected local health officers, breaching the separation of powers doctrine. The plaintiff claims that under the Michigan Constitution, only the state legislature should have the authority to make laws, and giving health officers broad discretion to issue orders, such as those restricting indoor dining during COVID-19, is unconstitutional. They argue this delegation lacks clear guidelines, allowing for arbitrary enforcement and violating the state’s vesting clauses, provisions in state constitutions or laws that outline who holds certain powers or rights within the government.

Additionally, the Iron Pig challenges the law’s definition of “imminent danger” as too vague, allowing local health officials to impose restrictions without sufficient legal standards. The plaintiff also advocates for abandoning the legal concept of “delegation” altogether, asserting that powers should be strictly vested in the legislature as outlined by the Michigan Constitution.

What does the Health Dept. of NW Michigan say?

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Meanwhile, the HDNW insists the law is critical for protecting public health and safety in emergency situations.

The Health Department argues, in addition to other points, that the federal Constitution’s vesting clause is irrelevant to the case as it concerns the Michigan Constitution’s separation of powers. They stress that the Iron Pig failed to raise any claims under the federal Constitution, making it inapplicable in this context. They also reject Iron Pig’s challenge to Michigan’s health statute, MCL 333.2451, emphasizing that legislative power has been appropriately delegated to local health authorities under the Michigan Constitution to address health hazards, as affirmed by previous court rulings. The department argues that the statute is constitutional and essential for public health.

Additionally, HDNW asserts that the Iron Pig’s case should be dismissed due to the absence of an “actual controversy.” With the COVID-19 pandemic orders rescinded, the Health Department contends that any conflict between the parties is hypothetical and moot, lacking present legal relevance. They maintain that a ruling now would have no practical effect on existing circumstances, further discrediting the need for litigation.

Will public health edicts or business rights be victorious in court?

With the Michigan Court of Appeals in a position to hear the case, all eyes are on how the courts will balance public health concerns with constitutional rights. The outcome could not only impact the future of the Iron Pig but also reshape how local health departments across Michigan respond to public health crises. The verdict could have lasting implications beyond the grill.