Nacht Law in the News

Nacht Law Files Civil Rights Action to Protect Rights of Michigan Veterans
Posted by: Staff NachtLaw
November 12, 2011

Michigan law provides a right for Michigan Veterans to operate as venders for their own benefit throughout the State, unrestricted by local licensing or permit schemes.   A Federal Court case filed this week alleges the local government of Mackinac Island is infringing that right by adopting a new ordinance in September banning Veteran peddlers as ?unfair competition? to local business and an alleged hazard on its horse and bicycle streets popular with summer tourists. [Read the MLive coverage]

The lawsuit, filed by Benjamin Horn ? an Iraq war veteran - alleges that the Mackinac Island government intentionally cut his peddling business out of the new ordinance after he protested previous attempts to stop his business even though it was explicitly allowed under state law and local ordinance, and even though the Island still permits the same sales through a licensing scheme for non-profits.

Horn's case "shines a spotlight on the protectionist and paternalistic attitudes of Mackinac Island government and its history of using government powers to pick winners and losers in local business" says Horn's attorney, David Blanchard of the Michigan employment and civil rights law firm Nacht, Roumel, Salvatore, Blanchard and Walker.  Mackinac Island settled a long running court battle this year over its attempt to restrict ferry service to the Island by denying permits for one of the only two major ferry operators.  Horn's attorney says this case will turn on interpretation of the State law originally adopted in 1921 to provide a special benefit for Michigan veterans to support themselves by peddling or hawking their goods and wares.  Horn, who has been a life-long resident of the Island, returned from duty in Iraq and Kuwait with an honorable discharge in 2005.

After being told to shut down in 2010, the lawsuit says Horn re-opened his peddling business in 2011 selling water and basic goods from his bicycle in and around the Island.  Next year, Horn worries that officials will use the new ordinance to shut down his business.  The lawsuit asks the federal judge to rule the local ordinance an invalid attempt to deprive him of business rights in violation of state law and in retaliation for exercising his constitutional rights.  The Island's lawyers have not yet responded.

The Complaint filed with the Federal District Court for the Western District of Michigan:

For more information on this case or on veterans rights issues in Michigan, interested parties should contact the Nacht Law Firm at (734) 663-7550.

Read the filed complaint and summons linked below. 

Attachments:
filedsummonsandcomplaint.pdf

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