The Café Rosetta in Calumet is pictured. (Houghton Daily Mining Gazette photo)

LANSING — Ingham County Judge Wanda Stokes has issued a temporary restraining order against Cafe Rosetta of Calumet for continuing to operate without a valid food service establishment license.

According to a state press release, Judge Stokes’ order comes after Cafe Rosetta “disregarded an epidemic order from the Michigan Department of Health and Human Services, which included protections against the spread of COVID-19 such as a temporary prohibition on gatherings for indoor dining in the state, and a cease-and-desist order and summary suspension order issued by the Michigan Department of Agriculture and Rural Development.”

Following an administrative hearing on MDARD’s summary suspension order earlier this month, an administrative law judge determined that “the continued operation of Cafe Rosetta posed an imminent threat to the public health, safety and welfare,” the press release stated.

“We’re pleased that Judge Stokes has ruled in the state’s favor, not only for the health of our residents, but also for the sake of the industry as a whole,” MDARD Director Gary McDowell said in the press release. “Epidemic orders issued by the state are meant to be temporary, but they only work if everybody follows the same rules. 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.”

The Mining Journal attempted to contact a Cafe Rosetta spokesperson Friday for comment. However, calls to the business were met with a voicemail that advised the phone’s mailbox was full and not accepting messages.

According to a state press release, on Dec. 2, after MDHHS issued its epidemic order, the Michigan Department of Agriculture and Rural Development–the state agency with authority to implement and enforce Michigan’s Food Law–determined that Cafe Rosetta’s continued operation created an imminent or substantial endangerment to public health and summarily suspended the operation’s food establishment license.

After a Dec. 10 hearing, an administrative law judge found that MDARD’s summary suspension of Cafe Rosetta’s license should be continued. Despite the decision and order–and despite Cafe Rosetta not having a valid food license–Cafe Rosetta has continued operating in violation of Michigan’s Food Law, MCL 289.1101 et seq, the state press release notes.

Cafe Rosetta has received some support in its community, including the Copper Country Republican Party, which indicated its support via its Facebook page, as well as state Sen. Ed McBroom, R-Waucedah Township, and state Rep. Greg Markkanen, R-Hancock, who issued a joint statement on Tuesday.

The statement reads in part, “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.”

They also said that the “regular, democratic process” for laws must be restored, allowing for debates over laws and rules and for the “will of the people to prevail.”