Attorney Bob Norton is offering his services pro bono to Spangler’s Family Restaurant, which remained open in defiance to government orders.
Though indoor dining is now allowed again, Mitch Spangler, who is in the process of buying the business from his parents, could potentially face fines of up to $1000 per day.
“It was do or die,” Spangler said. “If I would’ve stayed closed, I would’ve been bankrupt in two weeks. That’s why I made the decision to stay open. I would’ve been completely out of business.”
When Norton heard about Spangler’s predicament, he said he knew he had to offer his services pro bono. Although Norton is an attorney for Hillsdale College, his legal help to Spangler’s is not associated with the college, but is being offered through his own personal capacity.
“I felt sorry for this business being put in a very difficult position and having to shut down and go out of business or stay open and face the potential of fines and legal action,” Norton said.
According to Norton, there are two governmental agencies attempting to bring legal action against him: the Michigan Department of Agricultural and Rural Development and the Michigan Department of Health and Human Services.
“Both are tag-teaming and both are coming after him with duplicative actions based upon the same order,” Norton said. “They’re both saying they’re enforcing this order.”
Norton said he disagrees with the level of restrictions being placed on restaurants.
“In my role for the college I’ve come to know a fair amount about the COVID virus and what measures the college has been able to employ in order to assure the safety of our campus,” Norton said. “In my opinion, it seems draconian to be forcing these businesses to close, especially for the period of time they’ve been forced to close and with a lack of real scientific data to support the notion that closure is the only option.”
Great Lakes Attorney Erin Mersino, who is also helping Spangler, said she believes the orders being enforced are unconstitutional.
“Michigan is in the extreme minority, in closing indoor dining this late in the game,” Mersino said. “The government seems to be taking this really aggressive stance that attacks the rights of business owners throughout the state. I don’t think that’s something that’s been focused on.”
Mersino said that Spangler’s was described as an “imminent threat,” which she said she feels is an unreasonable claim, given the extreme measures Spangler is taking to ensure the safety of his guests. Zero COVID-19 cases have been contracted as a result of dining in Spangler’s Family Restaurant.
“His operation goes above and beyond the operations that are presently allowed,” Mersino said. “Restaurants are allowed to be open for indoor dining right now and Spangler’s protocol is far above and beyond what the state is requiring.”
In order to comply with the COVID-19 restrictions, Spangler said he has reduced seating, installed plexiglass barriers between and around tables, and installed two state of the art air cleaning systems called REME Halo systems, proven in a Kansas State study to kill 99% of viruses within 3 feet of a sneeze.
“Not all restaurants are the same,” Spangler said. “We’ve gone above and beyond to distinguish ours as a safe place.”
Spangler said the restrictions and possibility of fines have made him worry about providing for his family.
“My mom’s 78 years old and constantly stressed. Her livelihood is 100% based on my business staying open, as well as my personal livelihood,” Spangler said. “I have a daughter getting a master’s degree in college, so I need to support her. It’s a family legacy that you don’t want to sign a piece of paper that says you’re bankrupt and walk away.”
Despite the difficulties Spangler is facing, he says he appreciates the help from the Hillsdale community.
“The community and public support has been overwhelmingly favorable,” Spangler said. “The people supporting and being in 100% agreement has been very good.”
Spangler said he hopes restaurant owners everywhere will soon be able to operate their businesses freely.
“You don’t do the restaurant business simply because it’s easy,” Spangler said. “We want our freedoms back and to not be targeted.”
