Traverse City News and Events

Dana Nessel's Office Responds To Local Sheriffs Protesting Whitmer's Order

By Beth Milligan | April 17, 2020

The office of Michigan Attorney General Dana Nessel is responding after four northern Michigan sheriffs issued a press release this week criticizing Governor Gretchen Whitmer's Stay Home Stay Safe executive order, saying they would not enact "strict enforcement" of the order.

Leelanau County Sheriff Mike Borkovich, Benzie County Sheriff Ted Schendel, Manistee County Sheriff Ken Falk, and Mason County Sheriff Kim Cole issued a joint statement saying they questioned "some of Whitmer's restrictions" and believed she was "overstepping her executive authority." The release, which did not specify which aspects of the order the sheriffs found objectionable, said Whitmer "has created a vague framework of emergency laws that only confuse Michigan citizens," and as a result, "we will not have strict enforcement of these orders. We will deal with every case as an individual situation and apply common sense in assessing the apparent violation." 

The sheriffs also said they "took an oath to uphold and defend the Michigan Constitution, as well as the U.S. Constitution, and to ensure that your God-given rights are not violated. We believe that we are the last line of defense in protecting your civil liberties." The sheriffs added that the state's focus should be on "reopening our counties and getting people back to work...allowing those without paychecks back to work is imperative to the economic success and wellbeing of our community. We can do this in stages, especially those that work outside."

In response to a request for comment on the press release, Nessel's office Thursday issued the following statement to The Ticker:

"Law enforcement officers – including those elected to serve their communities – take an oath to uphold the law. By statute, the Governor’s Executive Orders are law and law enforcement officers are duty-bound to enforce them. As with similar offenses, those law enforcement officers on the front lines have a reasonable amount of discretion when responding to complaints. We trust that discretion is being used wisely to protect the public health of the communities and state they serve."

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