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Store owner faces virus penalties

News Photo by Julie Riddle Store owner Andrew Manning sits with store cat Levi at Great North Pet Supply, a business facing court charges for clipping dog toenails, possibly violating an executive order.

ALPENA — Dog toenails can be health hazards, according to defense attorneys fighting an accusation that a local business violated executive orders meant to slow the spread of the coronavirus.

Great North Pet Supply was cited for offering nail-trimming services in May, when an order by Gov. Gretchen Whitmer closed full-time groomers as non-essential businesses.

Nail-trimming is essential to an animal’s health and was allowed under the order in place at the time, attorneys representing manager Andrew Manning contested.

The case is currently making its way through Alpena’s 88th District Court. Alpena County Prosecutor Cynthia Muszynski said her office will file a response to the defense’s motion but declined to comment on an ongoing case.

Proven violation of the governor’s orders is a misdemeanor, which could mean a $500 fine and up to 90 days in jail. The state health department could also fine an additional $1,000 and sanction a business license.

The supply store was brought to the court’s eye after an Alpena resident reported the pet store was advertising nail-grooming services on its Facebook page in the middle of May.

The pet supply store is accused of violating a May 7 executive order meant to prevent the spread of the coronavirus. The order forbade business from conducting operations that would require workers to leave their homes, with some exceptions.

“Care for animals” is included as an essential service exempted from the rule.

When police contacted Manning, he told police he believed the order permitted him to trim pet nails. Large pet-supply stores in other cities were continuing grooming services during the order, he said.

“I figured, if they can do it, I sure as heck can, too,” Manning told The News.

He hadn’t officially offered the service before, Manning told The News, but his phone was “ringing off the hook” with customers asking him for help because their regular groomers, considered non-essential services, weren’t allowed to stay open.

As a salesplace for food and supplies to take care of animals, Great North Pet Supply was allowed to stay open, and Manning — after studying the order and asking what other supply stores were doing — decided it would be legal for him to trim nails as a safety measure for pets.

Police said they warned Manning he could be cited for violation of the order if nail-trimming services continued, according to a police report. Police told him they had taken action against other local businesses in similar circumstances. Manning told police he would offer only retail services, according to the police report.

Following consultation with Muszynski, Alpena Police Department officers issued Manning a citation in late May after a second report to police by the same resident.

After the first contact with Manning, police officers were in contact with Sen. Jim Stamas’s office and were told pet grooming services were not allowed in the current order, according to the police report. Stamas, R-Midland, represents Northeast Michigan.

Attorneys representing Manning filed a motion on Sept. 18, arguing the May 7 order doesn’t apply to nail trimming because the service constitutes important medical care for dogs.

A statement by a veterinarian, included with the defense motion, attested that overlong nails can lead to serious medical conditions, injuries, and the inability to walk.

“The citation issued to Manning was made in error,” the defense motion signed by attorney Matt Wojda reads. “The court is in a position to fix that error.”

Manning said he doesn’t have hard feelings toward police or the prosecution and understands everyone is just trying to do their job and keep up with an ever-changing stream of orders from the state.

He’s hopeful his case will be dismissed, he said. If not, he’ll pay his fine and keep selling pet supplies.

All proceeds from the trimming efforts were intended for charity, Manning told police. He told The News he collected about $630 in only a few days, which was donated to Second Chance Animal Shelter.

Groomers were officially allowed to reopen on June 4.

In another 88th District Court case, an Alpena man is accused of violating an executive order in April when he was cited by police for being drunk and disorderly.

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