By Jamie A. Hope
Michigan Capitol Confidential
A Holland restaurant owner who was arrested and jailed for operating her restaurant during the COVID-19 pandemic asked the Legislature to rein in the power of unelected bureaucrats during recent testimony at a Weaponization of State Government subcommittee hearing.
Marlena Pavlos-Hackney, the owner of Marlena’s Bistro and Pizzeria, testified to the committee on April 23 that she was arrested March 19, 2021, for defying Gov. Gretchen Whitmer’s COVID-19 orders.
The arrest came after the Michigan Supreme Court had already declared Whitmer’s orders unconstitutional in October 2020.
Attorney General Dana Nessel originally threatened Hackney with imprisonment on March 4, 2021.
But it was not until Nessel learned that Hackney was scheduled to appear on the Tucker Carlson Show on Fox News Network that she ordered the arrest, according to emails Michigan Capitol Confidential obtained through a Freedom of Information Act request in June 2021.
“Do we know her whereabouts? We should just have her picked up before she goes on. This is outrageous,” Nessel wrote in a March 12, 2021, email about Hackney appearing on Carlson’s show.
Nessel did not respond to a request for comment. But Carlson does not mince words after Hackney’s testimony.
“Marlena is one of the toughest, most principled people in the state of Michigan,” Carlson told CapCon in a text message. “It’s not surprising a monster like Dana Nessel would try to take her out.”
Hackney fled communism in Poland as a teenager. She originally complied with the shutdown order. When Whitmer allowed businesses to reopen, the governor mandated social distancing and mask requirements, which the restaurant owner defied.
After the Michigan Supreme Court ruled Whitmer’s edicts unconstitutional in October 2020, Nessel and the agriculture department pursued Hackney through government agencies.
On March 4, 2021, Nessel petitioned a court to force the restaurant to close for violating COVID rules.
Allegan County law enforcement and a county judge said they would not arrest Hackney or shut her down. But Judge Wanda Stokes, who presided in Ingham County, ordered Hackney’s Bistro closed until she complied, also imposing a $7,500 fine and issuing a bench warrant for her arrest. The order violated the Ingham County court’s arrest guidelines during COVID.
Hackney said she was cavity-searched and sent in shackles and chains to stand before Judge Rosemarie Aquilina. She was originally sentenced to 93 days in jail. The $7,500 fine was doubled to $15,000. Hackney appealed the fine, and the Court of Appeals agreed.
Hackney attorney Helen Brinkman supported the claim that Hackney was targeted by showing pictures of Whitmer, in May of the same year, at a group gathering at The Landshark, in violation of her own rules. The Landshark was never fined, Brinkman pointed out at the hearing, nor did its owner go to jail.
So far, Hackney said she has paid $70,000 in legal fees.
Two Democratic lawmakers spoke out against Nessel’s action. Rep. Laurie Pohutsky, D-Livonia, said government should not target residents.
“Admittedly, not the way government should be operating,” Pohutsky said.
Rep. Dylan Wegela, a Garden City Democrat, also chastised Nessel.
“It is absolutely appalling, and our government shouldn’t be persecuting anybody on behalf of their First Amendment rights or ignoring their Fifth Amendment rights to due process,” Wegela said.
Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.
Michigan Capitol Confidential
A Holland restaurant owner who was arrested and jailed for operating her restaurant during the COVID-19 pandemic asked the Legislature to rein in the power of unelected bureaucrats during recent testimony at a Weaponization of State Government subcommittee hearing.
Marlena Pavlos-Hackney, the owner of Marlena’s Bistro and Pizzeria, testified to the committee on April 23 that she was arrested March 19, 2021, for defying Gov. Gretchen Whitmer’s COVID-19 orders.
The arrest came after the Michigan Supreme Court had already declared Whitmer’s orders unconstitutional in October 2020.
Attorney General Dana Nessel originally threatened Hackney with imprisonment on March 4, 2021.
But it was not until Nessel learned that Hackney was scheduled to appear on the Tucker Carlson Show on Fox News Network that she ordered the arrest, according to emails Michigan Capitol Confidential obtained through a Freedom of Information Act request in June 2021.
“Do we know her whereabouts? We should just have her picked up before she goes on. This is outrageous,” Nessel wrote in a March 12, 2021, email about Hackney appearing on Carlson’s show.
Nessel did not respond to a request for comment. But Carlson does not mince words after Hackney’s testimony.
“Marlena is one of the toughest, most principled people in the state of Michigan,” Carlson told CapCon in a text message. “It’s not surprising a monster like Dana Nessel would try to take her out.”
Hackney fled communism in Poland as a teenager. She originally complied with the shutdown order. When Whitmer allowed businesses to reopen, the governor mandated social distancing and mask requirements, which the restaurant owner defied.
After the Michigan Supreme Court ruled Whitmer’s edicts unconstitutional in October 2020, Nessel and the agriculture department pursued Hackney through government agencies.
On March 4, 2021, Nessel petitioned a court to force the restaurant to close for violating COVID rules.
Allegan County law enforcement and a county judge said they would not arrest Hackney or shut her down. But Judge Wanda Stokes, who presided in Ingham County, ordered Hackney’s Bistro closed until she complied, also imposing a $7,500 fine and issuing a bench warrant for her arrest. The order violated the Ingham County court’s arrest guidelines during COVID.
Hackney said she was cavity-searched and sent in shackles and chains to stand before Judge Rosemarie Aquilina. She was originally sentenced to 93 days in jail. The $7,500 fine was doubled to $15,000. Hackney appealed the fine, and the Court of Appeals agreed.
Hackney attorney Helen Brinkman supported the claim that Hackney was targeted by showing pictures of Whitmer, in May of the same year, at a group gathering at The Landshark, in violation of her own rules. The Landshark was never fined, Brinkman pointed out at the hearing, nor did its owner go to jail.
So far, Hackney said she has paid $70,000 in legal fees.
Two Democratic lawmakers spoke out against Nessel’s action. Rep. Laurie Pohutsky, D-Livonia, said government should not target residents.
“Admittedly, not the way government should be operating,” Pohutsky said.
Rep. Dylan Wegela, a Garden City Democrat, also chastised Nessel.
“It is absolutely appalling, and our government shouldn’t be persecuting anybody on behalf of their First Amendment rights or ignoring their Fifth Amendment rights to due process,” Wegela said.
Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.
MDARD Inspectors Keep Tulips Blooming
Thousands of tourists are descending on Holland this week for the Tulip Time Festival. Michigan Department of Agriculture and Rural Development inspectors have collaborated with city parks staff to make sure the bulbs that are planted are free of pests and disease.
Photo courtesy Tulip Time Festival
New Fighter Mission Set for Selfridge
Gov. Gretchen Whitmer has secured a game-changing new fighter mission at Selfridge Air National Guard Base in Macomb County.
The new fighter mission will grow Michigan’s economy, bring new aircraft, keep expert talent including pilots and maintenance workers in state, support military and civilian jobs at the base, and cement Michigan’s leadership in national security and the defense industry for decades to come.
“This is a huge, bipartisan win for Michigan, decades in the making, that will grow our economy and make our country safer,” Whitmer said in a press release. “Since day one, I’ve been laser-focused on securing a new fighter mission at Selfridge and supporting the brave service members who step up for our communities every day. I appreciate the President’s partnership on this new fighter mission that will protect jobs and show the world that Michigan is the best place to pioneer the next innovations in national defense. Because of our tireless work with partners on the ground in Macomb County and on both sides of the aisle, the future of Selfridge is bright, lasting, and secure.”
President Trump announced April 30 that he has made a Strategic Basing Decision to station approximately 20 F-15EXs at Selfridge, in addition to the already planned bed down of KC-46As the base is set to receive.
According to the Department of Defense, the F-15EXs will begin arriving in fiscal year 2028, and this basing decision will not overturn other F-15EX basing actions in other states, but is rather additive.
This announcement comes after years of advocacy, with the governor working to bring a new fighter mission to Selfridge at all levels of government and on both sides of the aisle since 2019. Without her leadership, Selfridge was poised to lose the A-10 fighter mission without a replacement, costing the base critical Michigan jobs and $30 million in wages.
U.S. Army Maj. Gen. Paul Rogers, adjutant general and director of the Michigan Department of Military and Veterans Affairs, said the selection of Selfridge to host a fighter mission to replace the retiring A-10 mission “proves that Michigan will continue to be a leader in national defense.” Rogers praised Whitmer for her efforts in advocating for Selfridge.
“She has secured tens of millions of dollars to make critical infrastructure improvements to the base and we will continue working to improve Selfridge,” Rogers said. “It’s a key piece of our statewide defense strategy and foundational to Macomb’s and Southeast Michigan’s economy. I am happy for our airmen and their families, who have remained steadfast during this period of uncertainty.”
The new fighter mission will grow Michigan’s economy, bring new aircraft, keep expert talent including pilots and maintenance workers in state, support military and civilian jobs at the base, and cement Michigan’s leadership in national security and the defense industry for decades to come.
“This is a huge, bipartisan win for Michigan, decades in the making, that will grow our economy and make our country safer,” Whitmer said in a press release. “Since day one, I’ve been laser-focused on securing a new fighter mission at Selfridge and supporting the brave service members who step up for our communities every day. I appreciate the President’s partnership on this new fighter mission that will protect jobs and show the world that Michigan is the best place to pioneer the next innovations in national defense. Because of our tireless work with partners on the ground in Macomb County and on both sides of the aisle, the future of Selfridge is bright, lasting, and secure.”
President Trump announced April 30 that he has made a Strategic Basing Decision to station approximately 20 F-15EXs at Selfridge, in addition to the already planned bed down of KC-46As the base is set to receive.
According to the Department of Defense, the F-15EXs will begin arriving in fiscal year 2028, and this basing decision will not overturn other F-15EX basing actions in other states, but is rather additive.
This announcement comes after years of advocacy, with the governor working to bring a new fighter mission to Selfridge at all levels of government and on both sides of the aisle since 2019. Without her leadership, Selfridge was poised to lose the A-10 fighter mission without a replacement, costing the base critical Michigan jobs and $30 million in wages.
U.S. Army Maj. Gen. Paul Rogers, adjutant general and director of the Michigan Department of Military and Veterans Affairs, said the selection of Selfridge to host a fighter mission to replace the retiring A-10 mission “proves that Michigan will continue to be a leader in national defense.” Rogers praised Whitmer for her efforts in advocating for Selfridge.
“She has secured tens of millions of dollars to make critical infrastructure improvements to the base and we will continue working to improve Selfridge,” Rogers said. “It’s a key piece of our statewide defense strategy and foundational to Macomb’s and Southeast Michigan’s economy. I am happy for our airmen and their families, who have remained steadfast during this period of uncertainty.”
Victory Introduces Bill for Business Permitting Process
State Sen. Roger Victory, R-Hudsonville has introduced legislation to streamline Michigan’s business permitting process.
“In the midst of a challenging economic environment for Michigan businesses, we must take this opportunity to cut red tape, ease bureaucratic barriers, and streamline the process of doing business here in Michigan,”
Victory said. “Developing a one-stop shop for businesses to handle permitting issues would make the process easier to navigate for companies and help create more good-paying jobs here in Michigan.”
Senate Bill 279?would create the Office of Business Permitting Support. This would be a one-stop shop for permitting, licensing, certification and regulatory information. Additionally, the office would help new businesses get started here in Michigan and submit recommendations to improve the permitting process to the governor and the Legislature no later than 30 days after the end of the fiscal year.
According to Site Selection’s 2024 Top State Business Climate Rankings, Michigan faces significant regional competition, as Ohio, Indiana and Illinois are all ranked ahead.
“Creating the Office of Business Permitting Support would make Michigan more competitive regionally and support our Michigan businesses,” Victory said.
“In the midst of a challenging economic environment for Michigan businesses, we must take this opportunity to cut red tape, ease bureaucratic barriers, and streamline the process of doing business here in Michigan,”
Victory said. “Developing a one-stop shop for businesses to handle permitting issues would make the process easier to navigate for companies and help create more good-paying jobs here in Michigan.”
Senate Bill 279?would create the Office of Business Permitting Support. This would be a one-stop shop for permitting, licensing, certification and regulatory information. Additionally, the office would help new businesses get started here in Michigan and submit recommendations to improve the permitting process to the governor and the Legislature no later than 30 days after the end of the fiscal year.
According to Site Selection’s 2024 Top State Business Climate Rankings, Michigan faces significant regional competition, as Ohio, Indiana and Illinois are all ranked ahead.
“Creating the Office of Business Permitting Support would make Michigan more competitive regionally and support our Michigan businesses,” Victory said.
MIOSHA Commemorates 50th Anniversary
The Michigan Occupational Safety and Health Administration (MIOSHA), part of the Michigan Department of Labor and Economic Opportunity, is celebrating 50 years of service to Michigan’s workforce.
Since its creation in 1975, MIOSHA has remained committed to protecting the safety and health of Michigan workers through education, outreach and enforcement. Michigan is one of 22 states with federal OSHA-approved safety and health programs that cover both private and public sector workers.
“For half a century, MIOSHA has been at the forefront of protecting Michigan workers by fostering safe and healthy workplaces,” MIOSHA Director Bart Pickelman said. “Our mission to ‘Protect the Health and Safety of Michigan Workers’ remains as important today as it was when we began. This five-decade milestone is a testament to the collaborative efforts of employers, employees and MIOSHA staff who share a commitment to safety and health.”
Over five decades, MIOSHA has launched statewide initiatives and partnerships aimed at reducing workplace hazards and saving lives. Key achievements include:
• Helped reduce workplace fatalities: Fatalities dropped 65 percent, and injury and illness rates fell 66 percent since the 1970s.
• Advancing worker health and safety: MIOSHA’s consultative services have helped thousands of businesses proactively address workplace hazards.
• State emphasis programs: Focused efforts have addressed serious risks such as fall hazards, excavation safety, heat exposure and silica.
• Training and education: Since 2007, the MIOSHA Training Institute (MTI) has trained more than 35,000 workers and employers with affordable, high-quality courses.
• Grants for safer workplaces: MIOSHA has awarded more than $12 million in grant funding to small and mid-sized employers to expand access to training and safety equipment.
• Cooperative programs: Partnerships such as the MIOSHA Alliance Program, the Michigan Voluntary Protection Program (MVPP) and the Michigan Safety and Health Achievement Recognition Program (MSHARP) have strengthened workplace safety cultures statewide.
As MIOSHA commemorates its 50th anniversary, the agency remains committed to evolving with the needs of Michigan workers. Learn more about tools and resources to support safe and healthy workplaces at Michigan .gov/MIOSHA.
Since its creation in 1975, MIOSHA has remained committed to protecting the safety and health of Michigan workers through education, outreach and enforcement. Michigan is one of 22 states with federal OSHA-approved safety and health programs that cover both private and public sector workers.
“For half a century, MIOSHA has been at the forefront of protecting Michigan workers by fostering safe and healthy workplaces,” MIOSHA Director Bart Pickelman said. “Our mission to ‘Protect the Health and Safety of Michigan Workers’ remains as important today as it was when we began. This five-decade milestone is a testament to the collaborative efforts of employers, employees and MIOSHA staff who share a commitment to safety and health.”
Over five decades, MIOSHA has launched statewide initiatives and partnerships aimed at reducing workplace hazards and saving lives. Key achievements include:
• Helped reduce workplace fatalities: Fatalities dropped 65 percent, and injury and illness rates fell 66 percent since the 1970s.
• Advancing worker health and safety: MIOSHA’s consultative services have helped thousands of businesses proactively address workplace hazards.
• State emphasis programs: Focused efforts have addressed serious risks such as fall hazards, excavation safety, heat exposure and silica.
• Training and education: Since 2007, the MIOSHA Training Institute (MTI) has trained more than 35,000 workers and employers with affordable, high-quality courses.
• Grants for safer workplaces: MIOSHA has awarded more than $12 million in grant funding to small and mid-sized employers to expand access to training and safety equipment.
• Cooperative programs: Partnerships such as the MIOSHA Alliance Program, the Michigan Voluntary Protection Program (MVPP) and the Michigan Safety and Health Achievement Recognition Program (MSHARP) have strengthened workplace safety cultures statewide.
As MIOSHA commemorates its 50th anniversary, the agency remains committed to evolving with the needs of Michigan workers. Learn more about tools and resources to support safe and healthy workplaces at Michigan .gov/MIOSHA.
