HOLLAND, MI – Using very harsh language, a judge ordered a restaurant owner in West Michigan, accused of violating several court orders, to remain in prison, probably for several days, until it is clear that she does not intend to reopen her business.
Behind bars in Ingham County is Marlena Pavlos-Hackney, owner of Marlena’s Bistro and Pizzeria in the Netherlands, who remained open in defiance of the warnings and cease and desist orders issued because of her refusal to comply with state requirements designed to curb the spread of COVID-19.
She was arrested by the Michigan State Police on the morning of Friday, March 19, after failing to surrender to an arrest warrant issued earlier this month. The warrant accused her of contempt of a court order to close her restaurant, which continued to function after her license was suspended.
Ingham County Circuit Judge Rosemarie E. Aquilina, on the Friday afternoon prosecution, said that Pavlos-Hackney would be released only after paying a $ 7,500 fine and the Michigan Attorney General’s office was in custody. satisfied that the restaurant would remain closed until the case was resolved.
“We are in the middle of a pandemic. You selfishly did not follow orders, ”Aquilina told Pavlos-Hackney. “You didn’t follow them for your own financial gain and, apparently, for the publicity that comes with it.”
Pavlos-Hackney appeared on national conservative talk shows to proclaim that she was fighting for her constitutional rights. It has won the support of others who believe the government has overstepped its limits with orders designed to contain the COVID-19 pandemic.
Pavlos-Hackney said defiantly on Thursday that she would remain open, even if arrested.
“So, lady, this is the wrong way to get publicity, this is the wrong way to be a good citizen,” said Aquilina. “It is the wrong way to help the public in a pandemic.”
Related: Michigan restaurant open, crowded after owner’s arrest because of coronavirus restrictions
Pavlos-Hackney remained silent during the process. In fact, when she initially refused to take an oath to tell the truth, and then tried to reason with Aquilina, the wise judge threatened to arrest her for contempt of court.
“I know you want to control this room, but this is not Burger King,” said Aquilina. “When the sign changes to Burger King, you can do it your way.”
That was before Pavlos-Hackney had a chance to talk to his lawyer, Robert J. Baker, from the Netherlands, who was attending the hearing via Zoom while the defendant was in court.
Prior to the Pavlos-Hackney indictment, Aquilina ordered the arrest for Rick Martin’s unauthorized practice of law, which indicated that he was appearing in court as Pavlos-Hackney’s “assistant attorney”. Martin had filed a notice in court that he was legally representing Pavlos-Hackney, the judge said.
Asked by Aquilina, Martin admitted that he was not a licensed lawyer, but insisted that he was allowed to provide legal assistance under the “Sixth Amendment”.
He told the judge that he was in court to help Pavlos-Hackney, allegedly a Polish immigrant, because she “has problems understanding the English language”. This prompted Aquilina to reply: “Apparently, sir, you have problems with the English language.”
After citing Michigan law and case law, Aquilina said Martin would be accused of contempt, a 93-day misdemeanor, and was removed from court by a bailiff.
Pavlos-Hackney has refused to file the indictment and will return for an unscheduled hearing. Baker, his lawyer, said Pavlos-Hackney was prepared to pay $ 7,500 immediately and close the restaurant so he could get out of prison.
Aquilina replied that she had heard Pavlos-Hackney “murmur” that the restaurant had already closed at 2pm. The judge then asked out loud if this was the normal closing time and would reopen the next day. In fact, the restaurant’s published hours are from 6 am to 2 pm.
“I am clearly convinced that now, today, (the restaurant) remains open and she has no intention of complying with the law,” said Aquilina.
The judge said she would only be satisfied that the restaurant remained closed – and therefore allowed Pavlos-Hackney out of prison – when Michigan Attorney General Dana Nessel’s office was satisfied. A representative of the attorney general told Aquilina that the office is usually satisfied after being verified “over several days” by the health department or state inspector that the establishment is closed.
The restaurant continued to operate after its food license was suspended in late January for not requiring employees and customers to wear masks or to distance themselves socially.
On March 4, Ingham County Judge Wanda Stokes issued a court order for Pavlos-Hackney prison for repeatedly ignoring the suspension of the food license.
That day, Pavlos-Hackney told MLive: “I am not afraid. I am fighting for freedom in America ”.
She had until Thursday to surrender, which she did not do.
Pavlos-Hackney, recently featured on Fox News radio program Tucker Carlson Tonight and Glenn Beck on the radio program, said she refused to be intimidated by the government.
“I remain strong because I am not going to let the government intimidate me or make me afraid,” she told Beck. “I will continue to fight for American freedom and my constitutionally protected rights.”
The restaurant remained open, despite an order from the state last November that banned meals in restaurants to slow the spread of the coronavirus.
At that time, a sign was placed on the front door that said: “Welcome. We are a constitutionally compliant company. We are not infringing on anyone’s inalienable rights. By law, we do not follow any orders from the governor, mayor, health department or other government agency or suggestions regarding social distance or wearing masks. “
Pavlos-Hackney has won the support of others who believe that the government has crossed its limits. Despite Pavlos-Hackney’s arrest, the restaurant opened on Friday, with supporters packing the restaurant for breakfast.
In Mason, about a dozen supporters showed up on Friday morning outside the Ingham County Jail, where Pavlos-Hackney was being held. His supporters, many of them frequent participants in “patriotic” events that oppose COVID-19 orders, shouted “arrest the sheriff” and displayed memorabilia in support of former President Trump.
Martin was also there, before his arrest, and called the coronavirus pandemic “Trojan Horse to bring economic war”.
“This woman has absolute faith in God and knows what is right,” said Martin.
A GoFundMe page created to raise money for Pavlos-Hackney’s statutory fees, states that Pavlos-Hackney “escaped communism” in Poland in 1983 for the “individual freedoms and rights” of the USA, where she became a citizen in 1992. In addition compares the “unconstitutional blockades” issued during the pandemic with the communism from which it fled.
The Michigan Republican Party released a statement on Friday about Nessel’s complaint against Pavlos-Hackney:
“Nessel is eager to spend taxpayer-funded resources on pursuing small business owners who try to avoid bankruptcy, but refuses to investigate the deaths of thousands of nursing home residents potentially caused by his politically ally Gretchen Whitmer,” Ted Goodman , director of communications for GOP, said in the prepared statement. “It is a great abuse of power and shows what her priorities are.”
Read More:
Holland restaurant ignored the ban on dinner service, the judge said in keeping the license suspended
‘They can arrest me:’ The owner of the Holland restaurant defies the order of the state coronavirus
The owner of the Holland restaurant vows to remain open even after the issuance of a court order for violations of COVID-19