Michigan State Police Issue Three Disorderly Conduct Citations During Operation Haircut
Looks like Michigan Democratic Gov. Gretchen Whitmer has the Michigan State Police on a short leash.
Earlier today I blogged that the Illinois State Police would not take a reasonable approach to that state’s tyrannical governor.
Looks like Michigan Democratic Gov. Gretchen Whitmer has the Michigan State Police on a short leash because they swarmed the protest Operation Haircut and issued three citations for disorderly conduct.
Disorderly conduct for giving a haircut. Outside. On a nice day.
That woman in Michigan deemed salons non-essential businesses in response to the Wuhan coronavirus outbreak. I guess she forgot that salons and barbershops are very sterile not during a viral outbreak.
But when do facts matter? Never to the left. After all, state regulators stripped Karl Manke of his barber license because he stayed open. Yeah, a 77-year-old barber is a danger to the public.
On Wednesday, the Michigan Conservative Coalition held Operation Haircut in Lansing. Manke’s situation inspired this protest.
Is this like the 50th protest against that woman in Michigan since she wielded her power?
“Michigan’s small business owners are patriotic and law abiding citizens, but enough is enough. Our Governor’s actions show every day that this is no longer about the China virus. Her actions show this is now about a progressive radical agenda,” said Marian Sheridan, a co-founder of the Michigan Conservative Coalition in a press release. “Dope shops are open, abortion mills churn on, but barber shops are, somehow, unsafe. Show us that ‘science’ Governor!”
The group announced that free haircuts would be done on the Capitol lawn between noon and 3 p.m. on Wednesday but encouraged people to comply with social distancing and use face coverings.
Instead of concentrating on actual criminals, the Michigan State Police patrolled the protest:
Demonstrators have arrived at the Capitol for “Operation Haircut.” All individuals engaging in haircuts are being educated on the law. Those who do not comply will be cited for disorderly conduct. All citations will be forwarded to the AG’s Office for review. pic.twitter.com/XVb8VVPYFx
— Michigan State Police (@MichStatePolice) May 20, 2020
Approximately 350 people are at the Capitol. Three citations have been issued for disorderly conduct as of 1:30 p.m. pic.twitter.com/YiJXmDiB7B
— Michigan State Police (@MichStatePolice) May 20, 2020
Twitter responded exactly how you would expect it to:
Disorderly Conduct is a criminal offense and a misdemeanor. Those who are ticketed should plead not guilty, demand a jury trial, tie up the court’s time since judges don’t want to deal with this. Make the AG or Lansing Prosecutor’s office a hell unless charges are dismissed.
— Dan Wholihan (@DWholihan) May 20, 2020
Good to know violent and property crime has disappeared in Michigan so you have time to go after the real scofflaws.
— Adso of Melk (@PalimpsestMan) May 20, 2020
Michigan Police going kristallnacht on impromptu barber shops is a great look.
— Guy Faux (@Faux_Guy_) May 20, 2020
This is proof that law enforcement will invariably follow the orders of their masters, even if those orders are from corrupt ppl, seeking to destroy America and the freedoms and liberties of Her ppl.
— OM (@AlwaysBthinking) May 20, 2020
How do you sleep at night
— Alex R Dell (@AlexRDell) May 20, 2020
You don’t have to do this. https://t.co/oMixei3jF5
— Legal Insurrection (@LegInsurrection) May 20, 2020
— SHADOW, INCORPORATED (@DarkEnergyBrian) May 20, 2020
I could not sleep at night knowing I gave disorderly conduct tickets to women giving hair cuts. Such Sad men
— KPFreeMichigan2020???? (@KP4TRUMP2020) May 20, 2020
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Comments
Americans are prudent and bold.
Hopefully the voters will remember.
Look at this as an opportunity.
Let’s not vote the Screaming Harridan ticket back into power again, eh?
Given that Whitmer lusts after the VP ticket (for the two months it will take Biden to implode, after which she would be the Big Kahuna), and given the unexpected and newly-demonstrated popularity of Karenism among the general public, I fear for the Republic.
As they say in the Alaskan bush flying business:
“There are old pilots. There are bold pilots. But there are no old bold pilots.”
I like how you put it. Prudent and bold. A good mix. You have to know when it’s time to go balls to the walls. And when to wait.
“We were just following orders.” That’s the difference between a Nazi and a regular cop. It was one of the biggest points learned during the Nuremberg trials. Everyone was just following orders while killing off millions of innocent people. There weren’t many Germans who didn’t know it was happening either.
Please do not compare the death of thousands with a hair cut citation.
In case it escaped your notice, the parties in both situations exhibit the same mentality.
I see your point. On the other hand, Half Whitmire is trying to improve her death count by ordering nursing homes to admit Winnie the Flu patients.
You think they started out killing people? Tomorrow is coming. What kind of day do you want it to be?
Embrace the power of “NO!” That’s what I always thought was the strength of the U.S. Armed Forces. I was an officer. I retired as a Lieutenant Commander (Major, for you ground pounders and zoomies) And an enlisted guy could tell me to f*** off if he thought a command was questionable.
Which meant I had to think five times harder.
She has to use the State Police, no local or county officials want any part of this.
She sent the State Police up to issue a citation to Karl Manke in Owasso, a tiny little town in the central part of the state. “She who must be Obeyed” comes to mind.
Yup. County sheriffs are directly elected chief executives within their own jurisdictions. Whitmer cannot order them. She can only order the Stateies.
So in Michigan it’s okay to burn a USA flag on the Capitol steps as a form of protest, but not to cut hair?
you can sell pot there and have an abortion, but not cut hair.
I would have ask the cop if he is getting paid. Ask him to give her a week worth of his salary and if he did not, hopefully he would understand why what he is doing is wrong.
I can hardly wait to see what Karma brings into her tortured life.
Hemp, if there is justice.
How is it disorderly conduct?
They weren’t creating a riot. They were not inciting a mob scene. If anything, they were tidying up shaggy heads of hair, which means it was making something disorderly – orderly.
I understand some men cut their own hair, or have their spouse or “significant other” cut it for them, but I doubt all do. How is it they all seem to be far less shaggy than those of us who have had to go without? You can’t tell me that the Wicked Witch of Michigan has gone without any hairdressing. Who is doing it for that Nazi-wanna be?
For that matter, Il Duce Pelosi looks like she had more recent injections of botox. Yet, I thought all elective procedures were banned.
This action cannot be Constitutional. If people still vote in these leftist totalitarian slugs, after seeing just a little bit of how they would act if they had the power they truly want, then there is no hope in this country.
Here is a link to the Michigan Statute for “disorderly conduct.”
http://www.legislature.mi.gov/(S(d1il2jo0cmqtxhjbezp5hi0y))/mileg.aspx?page=getObject&objectName=mcl-750-167
Not one of the elements apply to what happened today. Nothing fits.
Interestingly, there is element that does apply:
(1) A person is a disorderly person if the person is any of the following:
(a) A person of sufficient ability who refuses or neglects to support his or her family.
I would think it could be argued that the police not only issued citations that do not apply, but stopped people from complying with the law in that they were advocating to make a living.
When the court cases come, the judgements will come out of Michigander’s collective pockets, so it’s no problem.
Made up charges. Seemed strained. I won’t bother looking up the statute, but this conduct may not fit. No legislative authority….etc.
What if the cops cited them for Disorder Conduct because they know it won’t stick? Malicious obedience maybe?
One protest sign said, “Whitmer is killing small business, the backbone of the USA.”
It’s not a bug, it’s a feature.
Ask Pelosi, Bezos, or that unspellable guy who runs Microsoft.
I retired after a 28 year career as a Commissioned Peace Officer of the State of Colorado. There is a very stark difference between coercive power, and legitimacy. I would say at this point that all “State Police Forces” under the command of Democrats lack legitimacy because they will do anything as long as they are “following orders”.
Something to be noted during, and after, the unsettled times to come.
Subotai Bahadur
Who are these Guestapo Coppos? What are their names? Where is their area?
They are the same as Rent-a-Cops no?
It’s on the citation. And another good reason for demanding a jury trial is all the intel it will yield for later use.
Start thinking tactically NOW, while they still think they run things.
Any good lawyer will get a DC citation thrown out within the first 15 min, no judge wants to go down as a person that convicted a person for cutting hair as a political demonstration. That’s a whole lot of civil rights violations under the color of law.
“”no judge””
The name Sullivan comes to mind. Don’t kid yourself. A lot of leftist judges would be more than thrilled to get a shot at these particular protestors.
There is a tweet from Dan Wholihan in the article:
“Disorderly Conduct is a criminal offense and a misdemeanor. Those who are ticketed should plead not guilty, demand a jury trial, tie up the court’s time since judges don’t want to deal with this. Make the AG or Lansing Prosecutor’s office a hell unless charges are dismissed.”
This needs multiple thumb-ups. Refuse to plead guilty to a lesser charge — not even an infraction! Refuse to waive reading of the indictments and charges, insist on speedy trial (refuse to waive time limits), insist on jury trial, bollox the system up!
LEOs are sworn to support the Constitution as well as the laws of their state. They should decline, as they have done in Illinois, to harass citizens who are nonviolent and are simply doing their jobs or participating in a peaceful demonstration.
These Michigan LEOs are blindly following orders while violating their oath of office. Anyone who is cited or arrested under these circumstances must insist on a speedy jury trial, or (more likely) immediate dismissal of all charges. They should refuse to waive any rights, and refuse to negotiate.
Too bad the ACLU won’t help these people whose civil liberties are being violated. The ACLU has made it clear that they will not support due process for college students, nor free speech for conservatives, nor any part of the 2nd Amendment.
Unelected cops should not be deciding what laws to enforce or not enforce. This is not a German death camp kind of situation. Do we really want civil service cops to take the place of legislators and judges?
An elected Sheriff might be a different case, but unelected cops should follow the law. A street cop is not the one to decide if these orders are constitutional or not. There are lawyers for that.
We’ve gone from hippies calling cops pigs and Nazis to “conservatives” doing the same thing.
I’ve already had this discussion with my son, especially as it affects my grandson, who is also in law enforcement. He insists that they won’t be on the wrong side when the hammer comes down, while I point out that his son really only has two choices: Do as he’s told, or find another line of work.
One of the sites I read had an interesting tidbit last week.
Guy said when he went through basic training they went over and over and over that they should not obey illegal orders.
I don’t recall if he cited an example but the state police are pretty militaristic so the cop on the video was a pussy.
I hope he reads LI (doubtful) but if he does, then he can respond as to why he isn’t a pussy.
Nearly all law enforcement are initially trained that unlawful orders must not be followed and that is reinforced in most jurisdictions through required annual training. The vast majority of LEOs have better access to all laws (& how to read them) in their states than most citizens do. To say it is a lawyer’s job to ‘decide if a law is Constitutional or not’ is the ultimate defense of the “I was only following orders” plea and failure to disregard illegal declarations would, in fact, be dereliction of duty at best if not willful disregard.
Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others.
–ANDREW JACKSON
“You seem to think it devolved on the judges to decide on the validity of the sedition law. But nothing in the Constitution has given them a right to decide for the Executive more than to the Executive to decide for them. Both magistrates are equally independent in the sphere of action assigned to them. The judges, believing the law constitutional, had a right to pass a sentence… But the executive, believing the law to be unconstitutional, were bound to remit the execution of it; because that power is confided to them by the Constitution.”
—THOMAS JEFFERSON
Yes, the perils of a standing army were well understood by those old white guys who founded the country.
Those old white guys never faced an enemy with nuclear weapons and real-time delivery systems.
If and when the Left starts nuking the conservative heartland [and several Democrats have suggested it in the last year or so]; 1) Leftist cities are going to be cold, dark, hungry, and thirsty. 2) There will be no terms of surrender or quarter granted.
Subotai Bahadur
Democrats Overwhelmingly Pray There Will Be A Second Virus Wave…
https://www.weaselzippers.us/449128-democrats-overwhelmingly-believe-there-will-be-a-second-virus-wave/
If there is, the people most vulnerable will be those who didn’t get out in public and develop herd immunity.
I think I found out where the alleged “legal authority” for the citations and $1000 fine is coming from. It’s a doozey.
On April 2, 2020, Robert Gordon, the Director of the Michigan Department of Health and Human Services created a directive that the fines would increase because waiting to do things legally would be inconvenient and take too long:
https://www.lansingstatejournal.com/story/news/2020/05/20/operation-haircut-michigan-protest-karl-manke-barber-gov-whitmer-coronavirus/5229587002/
The Michigan Department of Health and Human Services has authority to create a schedule of civil monetary penalties under section 2262 of the public health code, 1978 PA 368, MCL 333.2262(1), and would, under normal circumstances, follow the standard rulemaking process, including the notice and participation procedures required by sections 41 and 42 provided for in the Michigan Administrative Procedures Act of 1969 (APA), 1969 PA 306, MCL 24.241 and
24.242. Here, if the standard rulemaking process were followed, monetary civil penalties would not go into effect until well after they could provide useful deterrent measures. The resulting delay would result in less compliance with the Emergency Order, contribute to the spread of COVID-19, and exacerbate the current state of emergency. I therefore find that preservation of the public health, safety, and welfare require promulgation of emergency rules under section 48 of the APA, MCL 24.248, to create a schedule of civil monetary penalties under the Director’s authority in section 2262 of the public health code, 1978 PA 368, MCL 333.2262(1).
Rule to Enforce Emergency Order Regarding Executive Orders 2020-11, 2020-20, and 2020-21:
Rule 1. Violations and penalty.
(1) A violation of the April 1, 2020 Emergency Order is subject to a penalty of up to $1,000 for each violation or day that a violation continues.
(2) For a person, as that term is defined in section 1106 of the public health code, 1978 PA 368, MCL 333.1106, regulated by a licensing agency, violations must also be referred to the relevant licensing agencies for additional enforcement action as determined by the licensing agency.
(3) No place of religious worship, when used for religious worship, is subject to penalty under subrules (1) or (2) of this rule.
Gordon signed the order.
Whitmer then followed with this, signing the new “rules”:
Pursuant to Section 48(1) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.248(1), I hereby concur in the finding of the Department of Health and Human Services that circumstances creating an emergency have occurred and that preservation of the public health, safety, and welfare requires promulgation of the above rule.
It seems clear that like many states, the Michigan Legislature has given the Executive Branch discretion in times of an epidemic. Clearly a single person can respond and direct faster than any legislature can.
The real issue is not whether Governors CAN do this, but the depth and breadth of the rules they make. In Michigan, Whitmere went way past the line of any sensible, reasonable rules.
The rules she made are PART of the laws of the land. While many will disagree, there is some Supreme Court backing for that stance. She can “slot” new rules into existing laws (ie rules of professional conduct.)
What I am not sure is whether she can change the penalties under those rules whole cloth. If not following professional standards is a $500 dollar fine, then why increase the fine? There is no scientific proof that a higher fine deters anyone. If the purpose of the fine is to deter, then why not $5000, or $10,000 or even seize the business and the property upon which it stands. That’ll teach those miscreants.
The penalty for “disorderly conduct” in Lansing is up to $250. The penalty for disorderly conduct in Michigan is $500.
If “disorderly conduct” is what Whitmer wants people to be charged with, those are the fines.
Remember the Michigan tourism campaign, “Pure Michigan”? Let’s hope America now sees the true meaning. The Stasi are alive.and well in “Pure Michigan”. A-holes…
I liked the Pure Michigan campaign, they were decent advertisements. But times have changed.
Our new ad campaign is – Pure Despotism.
24.242. Here, if the standard rulemaking process were followed, monetary civil penalties would not go into effect until well after they could provide useful deterrent measures
__________________________________________________________
so therefore, as an unelected bureaucrat, while clearly exceeding my authority, I hereby decree that the orderly process of law is too slow for my liking and that we will administer the punishments/penalties in the manner that I see fit
what an elegant piece of bullshyt
I thought the penalty for following an unlawful order was decided at Nuremberg
Funny how when Cops want more money they can all catch the “Blue Flu.” But when it comes to ticketing hard working people who just want to work for a living they do something they have to know in their heart is wrong.
I want the names of those State Police Officers publicized so that those who are supposed to “Protect and Serve” are outed as Whitmer’s private army sent out to “Intimidate and harass.” Imagine the courage it must have taken that woman to keep cutting hair when 3 cops, all twice her size, approach her.
The police are often my heroes. In this case they are the bad guys and that woman who keeps on cutting hair is the hero. More guts than all 3 of those bullies.
These Gestapo cops should be ashamed of themselves.