Victories & Legal Battles

Virtual Zoom hearing before Administrative Law Judge Michael J. St. John. Addressed emergency summary suspension (issued December 2, 2020) of the business’s Class C, SDM liquor licenses, and related permits for violating the Nov 15, 2020 MDHHS Gatherings Order (allowing indoor gatherings/dining and failing to require masks). Evidence included investigator reports, body camera footage, and the licensee’s social media posts. Outcome: $600 total fines ($300 per count) + 90-day license suspension.

Videoconference hearing before Administrative Law Judge Eric J. Feldman on the emergency summary suspension (issued December 29, 2020, replacing an earlier cease-and-desist) of the food establishment license. Alleged ongoing indoor dining in violation of then-current MDHHS orders, creating an imminent threat to public health/safety/welfare under the Michigan Food Law. Outcome: Suspension continued (petition to dissolve denied; order issued ~January 20, 2021).

MDARD filed an emergency motion for a TRO to prevent Moore Murphy Hospitality, LLC d/b/a Iron Pig Smokehouse from operating as a food service establishment without a valid license (following MDARD’s December 2020 suspension). Judge Canady granted the TRO the same day, finding an imminent threat to public health and ordering the business to immediately cease selling/preparing food or beverages. A follow-up hearing was scheduled for February 4.

Hearing on whether the restaurant violated the January 27 TRO by continuing to operate and serve food. Judge Canady found a clear violation (not a mistake), continued the TRO until February 12, and allowed time for briefing on the state’s request for contempt sanctions/fines.

Judge Canady converted the TRO into a preliminary injunction (enjoining operation without a valid food license) and imposed $1,500 in total fines for contempt of the prior restraining orders. The court cited the restaurant’s continued defiance and marketing of its noncompliance.

Administrative appeal of a citation/fine issued by MDHHS (~December 1–2, 2020) for violations of the Gatherings and Face Mask Order (indoor dining/gatherings). Handled via the Michigan Office of Administrative Hearings and Rules; resolved on summary disposition. Outcome: ALJ affirmed the citation and fine. (Later reversed on constitutional grounds by Otsego County Circuit Court in January 2022; further court appeals followed.)

Case No. 21-18522-AE This was the primary hearing/outcome in the administrative appeal of a ~$5,000 MDHHS citation issued in late 2020 for violating the Gatherings and Face Mask Order (indoor dining/gatherings). The parties stipulated that the court would decide key issues, including whether MCL 333.2253 violates the non-delegation doctrine of the Michigan Constitution and whether the MDHHS orders qualified as “rules” under the Administrative Procedures Act.

Judge Hunter ruled in favor of Iron Pig, finding MCL 333.2253 an unconstitutional delegation of legislative power to the executive branch. He severed the statute from the Public Health Code, voided the citation and any associated penalties/fines ab initio. The ruling was stayed pending appeal but later became final when MDHHS voluntarily withdrew its appeal in the Michigan Court of Appeals (November 2022)

MDHHS filed a motion for clarification or, alternatively, to stay the January 13, 2022 ruling pending appeal, citing potential confusion and ongoing use of similar authority. Assistant Attorney General Darrin Fowler appeared for MDHHS. Outcome: The court addressed the motion; the ruling’s effect was temporarily stayed by the filing of the appeal, but the core decision stood after MDHHS later dismissed its appeal.

Case No. 2023-019393-CZ, against Health Department of Northwest Michigan) In a separate but related lawsuit filed by Ian Murphy/Iron Pig challenging the constitutionality of statutes (including MCL 333.2451/2453, the “Gathering Statute”) used by the local health department to enforce COVID-19 restrictions. Judge Hunter reaffirmed his prior analysis.

Hunter ruled that the statute was an unconstitutional delegation of power, severing it from the Public Health Code. The local Board of Health later declined to appeal. Murphy expressed dissatisfaction with parts of the ruling and indicated intent to appeal further. A subsequent Court of Appeals decision (December 2025) in a related posture found aspects moot but did not alter Hunter’s core constitutional analysis in the original context.

Citizens vs RWE & Otsego County

Citizens vs EDP & Cheboygan County

Citizens vs DTE & Midland County