INGHAM COUNTY, MI – A judge has released Marlena Pavlos-Hackney from jail after she paid a $15,000 fine and closed her restaurant, Marlena’s Bistro & Pizzeria.
Pavlos-Hackey, 55, left the Ingham County Jail around 2 p.m. Tuesday, March 23, her attorney, Robert Baker, confirmed.
He said she had complied with a judge’s order and deserved to be released. She has been jailed since Friday, March 19. She was arrested that morning, presumably on her way to work.
The restaurant was closed the next day. State officials determined that the boarded-up restaurant has remained closed, records show.
Ingham County Circuit Judge Wanda Stokes ordered her release.
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She could be locked up again if she tries to re-open her restaurant, the state says.
She was jailed after she ignored orders to close her restaurant, Marlena’s Bistro & Pizzeria, after the state in November banned indoor dining in response to the coronavirus pandemic.
She also did not require the use of mask or social distancing to slow the spread.
Pavlos-Hackney’s attorney had asked that his client be released from jail after she met court-imposed conditions.
In a court documents filed Monday, March 23, the state Attorney General’s Office asked a judge to sign an order “that if, upon release, Ms. Pavlos-Hackney resumes operating a food establishment in violation of this Court’s order, a bench warrant shall immediately issue for Ms. Pavlos-Hackney and Ms. Pavlos-Hackney shall be arrested and incarcerated until such time as she complies with the order of this Court and she shall pay an additional $7,500.00 immediately for the contempt offense … .”
The Michigan Department of Agriculture and Rural Development, or MDARD, which has been investigating the complaint against the complaint against the business owner, confirmed that the business had been boarded up and appeared closed on Saturday, Sunday and Monday, the filing showed.
The restaurant is closed Mondays.
Inspectors provided photographs of the restaurant, at 909 Lincoln Ave., and said it appeared to be closed. A sign reading, “Complied,” was hung below the Marlena’s Bistro sign on the front of the building, an inspector noted.
Stokes, the Ingham County Circuit judge, in late February issued a temporary-restraining order prohibiting Pavlos-Hackney from operating food service. On March 1, MDARD filed a motion for contempt because Marlena’s Bistro stayed open.
Three days later, Stokes found the restaurant in contempt of court, fined the owner $7,500 and converted the temporary-restraining order into a preliminary injunction and issued a bench warrant for Pavlos-Hackney’s arrest. The next day, MDARD filed a notice that Marlena’s Bistro “was again open in violation of the court’s order,” court documents said.
The state attorneys asked that judge to sign an order saying “that Pavlos-Hackney, owner of Marlena’s Bistro & Pizzeria, shall remain incarcerated until it is demonstrated to the court that Marlena’s Bistro and Pizzeria is in full compliance with this court’s order and has paid $15,000 to the Ingham County Clerk’s office for the contempt offenses … .”
Pavlos-Hackney has support of many who have criticized state shutdown orders over the coronavirus. Her restaurant did brisk business while it was open, customers said.
As of Tuesday afternoon, a GoFundMe page for her has raised $253,000 of a $300,000 goal.
Read more:
Jailed Michigan restaurant owner pays $15K fine, should be released, attorney says
Marlena’s Bistro supporters see restaurant closure as latest fight for ‘freedom’ in pandemic
Republicans blame ‘political bullying’ in jailing of Michigan restaurant owner
Michigan restaurant owner to remain in jail on charge of violating COVID-19 orders
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