NEWAYGO, Mich. — While the COVID-19 era may be well over for many, the shadow of the virus looms large in court.
Restaurateurs and attorneys gathered on Tuesday to celebrate after the Michigan Court of Appeals ruled on June 29 that certain COVID-era orders from the state's Department of Health and Human Services were too far-reaching and unconstitutional.
"The loss of value and buildings, of restaurant buildings is huge, and it will not be made up anytime soon," attorney Albert Addis of Addis Law said at the press conference in southeast Michigan.
It was a debate that engulfed many communities in West Michigan as well.
In Newaygo, Jimmy's Roadhouse was one of the forefront businesses pushing against the public health measures.
The owner, Jim Cory, said the decision comes as vindication.
It's other businesses who have since closed, he said, that are now their concern.
"We're still concerned about the lasting affects," Cory said. "Those businesses that are closed, they're not coming back, and we're concerned for them. We're fine. But you know, where is the justice? And how will those people get their justice and feel and see their justice?"
While the Michigan Supreme Court did rule against Gov. Gretchen Whitmer in 2020 regarding her power to make emergency declarations for COVID-19, the Michigan Department of Health and Human Services says they believe they were within their department director's authority to put policies in place to protect Michiganders from the virus.
"Throughout the COVID-19 pandemic, the Michigan Department of Health and Human Services (MDHHS) used many tools to protect Michiganders from a novel, deadly and fast-moving virus," an MDHHS spokesperson said in a statement. "One of those tools was the department's epidemic orders, which rested firmly upon authority given by the Legislature to the director of the MDHHS over 100 years ago and reaffirmed by the Legislature just last year. As the trial court correctly recognized, this long-standing law, written to provide critical protection to our state 's public health in times of greatest need, is fully consistent with our state constitution."
The spokesperson said the department does plan to appeal the ruling, where it would go to the Michigan Supreme Court.
The state Supreme Court is already set to hear at least one other case related to COVID-era policies.
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