Barber sues Mayor Mary, governor
A Madison barber who was forced to close his shop last week under threat of fines or possible jail time has filed a federal lawsuit against Madison Mayor Mary Hawkins-Butler and Gov. Tate Reeves.
Mike Land, owner of Family Barber Shop, opened his shop last Monday in defiance of Reeves' "safer at home" order, which restricts businesses like Land's from opening in an effort to stop the spread of the COVID-19 virus. He promptly shut it down the following day after Madison Police Chief Gene Waldrop paid him a personal visit and asked him to comply with the order.
Land agreed to close his shop, but maintained his position that the mayor and governor do not have the legal authority to force him to close his business under the U.S. Constitution.
The lawsuit, filed in the U.S. District Court for the Southern District of Mississippi, says Reeves' executive order "eviscerated" Land's constitutional rights. It asks the court to grant "equitable and injunctive relief" of the governor's order and the mayor's enforcement and a declaration from the court that the order that closed his shop is a violation of his civil rights.
"Notwithstanding that the executive orders violate Plaintiffs' constitutional rights... they have financially crippled the Plaintiffs," the lawsuit says. "Because of the Governor's irrational, indefensible and insulting executive orders, declaring certain business to be essential and non-essential, Plaintiffs may never financially recover from the Governor's orders."
The first of Reeves' orders ran from April 1 to April 20 and shuttered retail businesses across the state. Under that initial guideline, the only businesses left open to the public were those deemed "essential" such as grocery stores, gas stations, pharmacies and liquor stores. The businesses that remained open had to operate under strict guidelines pertaining to social distancing and masking.
The second order, which succeeded the first and went into effect on April 20, was the "safer at home" order. It opened up some other retail shops at half capacity and encouraged curb-side service and online sales. It did not, however, allow for the opening of beauty salons, barbershops or tattoo parlors because, as Reeves said, it was impossible for those employees to remain a safe distance from the customers they seek to serve.
The lawsuit states that Land could not wait any longer to reopen his shop and allow his staff to get back to work. He told his employees that anyone who wanted to work could work, so long as they were willing to wear gloves and a mask.
The letter he received the next day, signed by Madison Mayor Mary Hawkins Butler, ordered him to shut down the business. He said that letter furthered the perceived constitutional violations of the Governor's order "adding insult to injury."
Reached by phone Wednesday, Hawkins-Butler said she and Waldrop were simply enforcing the governor's executive order, which they are prescribed by law to do.
"We did not issue him a citation of any kind," Hawkins-Butler said. "We sent him a letter referencing the order and asked him to be lawful."
She added that she was not caught off-guard by the lawsuit.
"I had received some calls about his conduct," she said. "And after hearing those, I'm not surprised by his actions at all."
Land's lawsuit comes as a dozens of daily protests against similar shelter-in-place orders play out in states across the country including one in Jackson. Currently, at least 316 million people in 42 states, three counties, 10 cities and the District of Columbia are being urged to stay home.