U.P. breakfast spot that defied indoor dining ban hit with restraining order
Slone Terranella
An Ingham County judge issued a temporary restraining order against Café Rosetta, located in the Upper Peninsula, after the eatery defied state epidemic orders.
Café Rosetta was hit with warnings, hefty fines and a cease-and desist order after continuing dine-in service throughout the pandemic and after the state issued another round of COVID-19 restrictions on Nov.15 that banned indoor dining.
Judge Wanda Stokes issued the temporary restraining order against the Calumet-based breakfast spot on Wednesday for "continuing to operate without a valid food service establishment license," a news release states.
A temporary restraining order is a short-term pretrial temporary injunction, according to Cornell Law School's Legal Information Institute. A judge can grant a temporary restraining order early in a lawsuit to stop the defendant from continuing their allegedly harmful actions.
Before the temporary restraining order was granted, the Michigan Department of Agriculture and Rural Development — which has authority to enforce Michigan's food laws — determined on Dec. 2 that Café Rosetta's defiance to state epidemic orders endangered public health, a release states. The department then suspended Café Rosetta's food service license shortly thereafter.
On Dec. 10, an administrative judge from the Ingham County Court continued the suspension of Café Rosetta's food license.
"Despite the administrative law judge's decision and order — and despite Café Rosetta not having a valid food license — Café Rosetta has continued operating in violation of Michigan's food law," a news release from the Michigan State Police states.
Erik Kiilunen, organizer for group All Business is Essential, is working with Café Rosetta. He said the community is continuing to support the local restaurant despite the legal threats. He said when the news broke Thursday about the temporary restraining order, community members flooded the eatery.
Siblings Amy and Jake Heikkinen own Café Rosetta. In an op-ed published in the Detroit News, Amy Heikkinen said owning Café Rosetta saved her.
"As a single mom, newly divorced with six kids that only knew welfare, my Calumet restaurant gave me a place to focus my energy and sense of pride," Heikkinen wrote. "My life turned around seven years ago after my brother Jake made an investment in a coffee and pastry shop in our hometown, and I threw my love of baking into building a successful breakfast and lunch restaurant with him."
In the op-ed, Heikkinen said the state fined the business a total of $34,000. At one point, the state fined Café Rosetta $1,000 each day for continuing dine-in service.
"We were faced with a choice: Close the doors and lose our business forever or remain open and defend our business and possibly lose it anyway," Heikkinen wrote. "When you have six children, the choice is simple: You take care of the family."
On Tuesday, Sen. Ed McBroom, R-Waucedah Township, and Rep. Greg Markkanen, R-Hancock, released a statement about Café Rosetta and its legal battles.
"The state has created a no-win situation for our U.P. businesses. Sadly, today, Café Rosetta is its latest target," the release states. "Those who refuse to close just to survive are having their duly paid licenses revoked and property rights seized or destroyed by bureaucrats in Lansing."
The Michigan Department of Agriculture and Rural Development submitted a motion for a temporary restraining order to the court after Café Rosetta continued to offer indoor dining after the Dec. 10 hearing, the release states.
"Epidemic orders issued by the state are meant to be temporary, but they only work if everybody follows the same rules," said Gary McDowell, director of the Michigan Department of Agriculture and Rural Development. "There are thousands of Michigan restaurants, bars and businesses trying to do right by their communities and fellow business owners, but their sacrifices must not be undermined because others ignore the law and make up their own rulebook during a pandemic."