Judge denies Marlena's motion to dismiss case, award damages

Cassandra Lybrink, The Holland Sentinel
·2 min read
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A judge has declined to dismiss the case against a Holland restaurant owner who was jailed and fined $15,000 for failing to adhere to court orders to shutter her restaurant.
A judge has declined to dismiss the case against a Holland restaurant owner who was jailed and fined $15,000 for failing to adhere to court orders to shutter her restaurant.

HOLLAND — A judge has declined to dismiss the case against a Holland restaurant owner who was jailed and fined $15,000 for failing to adhere to court orders to shutter her restaurant.

Marlena Pavlos-Hackney, owner of Marlena’s Bistro and Pizzeria, recently asked an Ingham County judge to dismiss the case against her and award her damages.

More:Appeals court hears arguments in 'strange' case involving Marlena's Bistro owner

More:Six months later, Marlena's Bistro reopens in Holland

But on Thursday, Oct. 6, Judge Wanda Stokes sided with the Michigan Department of Agriculture and Rural Development, which first filed a complaint in February 2021.

Pavlos-Hackney came on MDARD's radar in late 2020, when reports surfaced she was failing to enforce then-statewide pandemic restrictions, including social distancing and mask-wearing. Her food license was revoked in January 2021 — but the restaurant remained open.

A judge has declined to dismiss the case against a Holland restaurant owner who was jailed and fined $15,000 for failing to adhere to court orders to shutter her restaurant.
A judge has declined to dismiss the case against a Holland restaurant owner who was jailed and fined $15,000 for failing to adhere to court orders to shutter her restaurant.

Pavlos-Hackney ignored a temporary restraining order meant to keep her from continuing operations and refused to allow inspectors or law enforcement into her restaurant. In response, Stokes issued a bench warrant for Pavlos-Hackney's arrest.

Shortly thereafter, she was arrested by Michigan State Police and spent four nights in Ingham County Jail following her arraignment by Judge Rosemarie Aquilina. She was released March 23, after paying a $15,000 contempt fine and shuttering her restaurant.

In June 2021, Pavlos-Hackney took her legal argument to the Michigan Court of Appeals. The action sought to reconsider contempt of court findings, release audio or video of Pavlos-Hackney's arraignment and amend an "inaccurate" transcript — all motions denied by Stokes in May.

The restaurant's food license was restored in July and Marlena's Bistro reopened in September.

Throughout 2022, the restaurant has been a stopping point for political candidates — including Republican gubernatorial candidate Tudor Dixon, who visited the restaurant most recently Wednesday, Oct. 5, and former Republican gubernatorial candidate Ryan Kelley, who currently faces charges for his involvement in the Jan. 6 insurrection on the U.S. Capitol.

Pavlos-Hackney's case has also continued to make its way through the Michigan Court of Appeals. Both parties presented their arguments during an August hearing, after which the panel of judges said they must determine whether the case is civil or criminal in nature. It's unclear when a ruling might be issued.

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The restauranteur, under new legal representation, hoped another motion in the Ingham County court may see a faster resolution.

In an email sent to her supporters, Pavlos-Hackney said her arrest and jailing were “unconstitutional and unlawful. The government should be servants of the people, they overreach their authority and don’t follow their own mandates and they try to take our constitutionally protected rights away, but we the people are in charge and need to fight and stand up.”

— The Associated Press contributed to this report.

This article originally appeared on The Holland Sentinel: Judge denies Marlena's motion to dismiss case, award damages