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Resident rights before Whitmer orders, PI sheriff says

ROGERS CITY — Presque Isle County Sheriff Joe Brewbaker on Friday told the county board he will first consider the constitutional rights of residents before weighing them against Gov. Gretchen Whitmer’s stay-home orders meant to prevent the spread of the coronavirus.

Brewbaker’s statement was a response to “numerous calls” from county residents about the shutdown of certain businesses and freedom of assembly rights.

“There has been much concern and debate, not just locally, but nationally, that parts of the executive order signed by the governor of Michigan are a violation of our constitutional rights — not just on a local level but a federal level, as well,” Brewbaker read from a prepared statement on Friday. “I will, to the best of my ability as sheriff, ensure that the constitutional rights of our citizens will be considered first while carefully weighing them by executive orders signed by the governor.”

Whitmer and other governors have faced lawsuits and protests over their orders that residents stay home unless absolutely necessary and that all but the most essential businesses close.

Most constitutional law experts, however, agree the governors have acted within their powers during emergencies.

In Michigan, executive orders carry the force of law and violations of those orders carry an up to $1,000 fine.

“I fully support Sheriff Brewbaker in his decision to continue to uphold and protect the constitutional rights of the citizens of Presque Isle County,” county board Chairman Lee Gapczynski said. “I do promote recommendations set forth by the (U.S. Centers for Disease Control and Prevention) and District Health Department No. 4. I believe we must all do our best to keep ourselves safe. I do not believe it has to be done by the threat of coercion, fines or imprisonment.”

Following the meeting, Allis Township resident Wayne Vermilya filed a complaint with both the Michigan Attorney General’s Office and the governor’s office, asking the sheriff to be investigated for violating his oath of office.

Brewbaker also thanked all of his employees, who have “come in, done their job, not complained, (and) followed the rules.”

Crystal Nelson can be reached at 989-358-5687 or cnelson@thealpenanews.com.

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