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Case Surrounding The Reopening Of Michigan Bistro Goes To Appeals Court

(CNN) - The owner of Marlena's Bistro and Pizzeria out in Holland has become a major face in the ongoing discussion around perceived government over-reach during the pandemic after being jailed for refusing to comply with local health orders like mask mandates and capacity limits.

Marlena was charged with contempt for her alleged refusal to work with health officials, and she was released from jail on March 23.

"I am grateful and thankful to all of you who stand up on my side and follow me," said Marlena Pavlos-Hackney, the owner of Marlena's Bistro and Pizzeria.

She and her lawyer Robert Baker have since been working on getting her restaurant back open.

In an interview with Fox 17 this week, Baker says they are close.

"The AG's office and I and Marlena have been back and forth on what it's going to take to get her to reopen," said Robert Baker, Marlena's Attorney. "The only thing that's stopping her from reopening currently, because she's complied with all of the health codes and everything. And it's been inspected- her restaurant's been inspected, is this court order that's out there that's lingering from previous to March 19."

So, while Baker and the Attorney General's Office work out the details that will allow her to reopen, their legal team has also filed the case with the Michigan Court of Appeals.

"For one to try to get her $15,000 fine back, which we believe is a fine that's improper under the contempt statute," said Baker.

Aiming to get back a total of $15,000 in fines, Marlena has so far paid the state and to try and remedy multiple issues Baker has with the way Marlena's first court appearance happened.

"So, we sent those up to the Court of Appeals. And we'll see what they do with that," said Baker. "Michigan has been doing a good job constitutionally here recently. So, I'm optimistic that they will hear this."

Baker says he expects to hear something from the Court of Appeals within the next 3 to 6 months.

For now, Marlena has been keeping busy speaking at different gatherings across the country.

"She's doing really well; actually, she has been doing a few- been traveling around the country doing some speeches, talking out about freedom, and you know, 'we the people' and the constitutionality, and she's become a banner person for the abuses of the system, and what the state can do to you," said Baker.

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