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Republican state lawmakers blame 'political bullying' for Marlena's Bistro owner arrest, call for her release

Marlena Pavlos-Hackney was arrested on March 19, after an outstanding warrant. Attorney General Nessel said she willfully violated food laws, health orders.

HOLLAND, Michigan — Monday, Republican state lawmakers and supporters met outside Marlena's Bistro and Pizzeria in Holland, calling for the owner's release from jail and the reopening of Michigan businesses. 

Marlena Pavlos-Hackney was taken into custody by Michigan State Police Friday, on an outstanding warrant for contempt of court. She was arrested following a traffic stop. 

The Michigan Department of Agriculture and Rural Development (MDARD) suspended Marlena's food establishment license in January. Earlier this month, a judge issued a bench warrant for Pavlos-Hackney for failing to comply in a civil case filed by MDARD. 

RELATED: 'Your health is your responsibility' | Holland restaurant receives cease-and-desist letter for defying MDHHS orders

Pavlos-Hackney remains jailed in Ingham County, without bond. 

The restaurant remained open Friday. Monday, however, the business was closed. Signs covered the front of the building, including one reading, "complied" on the restaurant's name sign. 

"Marlena did not violate a law that the legislature passed," said State Representative Steve Johnson, (R) Wayland. "Marlena violated an order by an unelected bureaucrat. No one should be able to go to jail because one unelected bureaucrat makes an order."

Credit: 13 OYS
Signs affixed to Marlena's building read messages such as: "complied," "Stop the injustice to Marlena," and "Let MI people go."

According to court documents, once arrested, Pavlos-Hackney will be incarcerated until such time she abides by the court's order.

State Sen. Aric Nesbitt, R-Lawton, also said it was "time to fully reopen Michigan, safely." He called on Attorney General Dana Nessel to focus on other matters than small businesses, such as nursing home deaths. 

"I think it’s high time the Attorney General steps up and does her job," said Nesbitt, "and goes after Governor Whitmer and her failed nursing home policies, go after Governor Whitmer and her failed COVID economic suppression policies."

RELATED: Marlena's Bistro and Pizzeria packed with customers, despite warrant for owner's arrest for defying state COVID-19 orders

Attorney General Dana Nessel said Friday of Pavlos-Hackney's arrest, "This owner has continued to willfully violate the state’s food laws, public health orders and the order of the court – a dangerous act that may have exposed dozens of diners and employees to the virus following the discovery that one of Marlena’s customers tested positive for the virus within two days of eating there. MDARD is particularly concerned because the potential exposure happened at a restaurant that refuses to comply with basic COVID-19 measures required by the Michigan Department of Health & Human Services.”

The Allegan County Health Department notified the public earlier this month, a customer of Marlena's who visited on February 27, tested positive for COVID-19. In a press release, the department said, "Individuals who were at Marlena’s Bistro and Pizzeria on Saturday February 27 from 11:00 a.m. to 1:00 p.m. are potentially considered exposed to COVID-19 due to the lack of mitigation strategies (mask-use and social distancing) practiced at this restaurant." 

Credit: 13 OYS
Marlena's was closed Monday, and a handmade sign reading, "complied" hung over the business sign.

Some supporters felt the state government was singling out Marlena's Bistro. 

"We need to start standing up," said Jeanne Eskew, a supporter of Marlena's, "because there’s too many restrictions and the government, especially our governor, she’s putting the hammer down. And this is a free country, supposed to be a few country."

Others voiced their opinion, saying Marlena's was a place welcoming to the community.

"We're grown adults, so we know what we're getting ourselves into," said Orlando Estrada, another supporter, "Me personally, I don’t mind covering my mouth. But, as someone overcoming asthma, I do need to breathe. So, this being a friendly restaurant, won’t be harassing as a second class citizen, I felt more comfortable coming here every now and then."

RELATED: Owner of Marlena’s Bistro arrested for defying state COVID-19 order

The Allegan County Democratic Party released a statement following the republican politician's press conference stating, in part:

"The Allegan County Democratic Party stands with restaurant owners who have been trying to make ends meet and operate safely through the pandemic... At every turn, the owner of Marlena’s Bistro in Holland has defied the state’s food laws as well as health and safety protocols put in place to slow the spread of Covid-19. During the press conference, State Senator Aric Nesbitt said, “It’s time to open up Michigan safely”. Yet, it has been documented that Marlena’s Bistro did not operate safely or comply with inspections from the Health Department and has been tied to at least one positive case of Covid-19. If Senator Nesbitt truly cared about operating safely, he would support the Health Department’s efforts to curb Covid-19 instead of joining a political rally. 

Read the full statement here.

"Dana Nessel refuses to look into nursing homes, refuses to hold Governor Whitmer accountable for her actions," said Johnson, "and instead is focused on putting an immigrant business owner in jail for just trying to make a living."

RELATED VIDEO: Marlena's Bistro Arrest

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