In this recent photo, armed supporters are seen outside of Cafe Rosetta in Calumet. A judge has ordered the shutdown of the cafe, where customers have been supporting an owner who has defiantly served indoor diners despite coronavirus restrictions. (Photo courtesy of Michael Newman)

CALUMET — The intense legal battle between Cafe Rosetta and the state of Michigan continues to be a hot topic across the Upper Peninsula.

The cafe, located at 102 Fifth St. in Calumet and owned by Amy and Jake Heikkinen, has defied the state’s executive orders by remaining open throughout the COVID-19 pandemic.

Since the Michigan Department of Health and Human Services’ order closing restaurants for indoor dining took effect on Nov. 18, the Heikkinens have stood their ground, refusing to close and allowing patrons to dine in without masks.

The business has since received over $35,000 in fines along with a cease-and-desist order and various warnings from the Western Upper Peninsula Health Department.

More recently, a judge from downstate Ingham County has issued a temporary restraining order against Cafe Rosetta for “continuing to operate without a valid food service establishment license,” according to a report from the Detroit Free Press.

The cafe’s food service license was revoked by the Michigan Department of Agriculture and Rural Development on Dec. 2.

Over the last several weeks, individuals in support of Cafe Rosetta and the Heikkinens have stood outside the business in protest against the state. Photos circulated on social media this week with some protesters bearing rifles and other weaponry.

Despite the strong message of support for Cafe Rosetta being relayed by armed protesters, the Houghton County Sheriff’s Office said the demonstrations have remained peaceful, and also want to remind the public of Michigan’s open carry laws.

“We have to remember that Michigan does have an open carry law,” Houghton County Sheriff Brian McLean told The Mining Journal. “The protests have been mostly civil toward everybody, they’re just not real happy with the (Western U.P.) Health Department and its workers. Nobody has been assaulted or threatened per se. Open carry is a controversial item in itself, but people like to exercise that right.”

McLean added that the WUPHD has asked for assistance from the sheriff’s office in serving letters and orders at the business, but no criminal laws have been violated.

“We’ve gone with the health department who’s wanted to serve a couple of letters and orders,” he said. “But there’s no criminal law being violated here. It’s a civil process between the state, its licensing agencies and the business.

“We’re always here to keep the peace and keep calm and keep people’s wits about them. We’re constitutional officers and we’re here to stand up for everybody’s rights. Everybody has an opinion about something, and nobody is wrong with voicing an opinion. It’s all about peaceful assembly and freedom of speech.”

McLean said the cafe has hired an attorney to fight the legal battle, and it will continue to be a civil process unless someone crosses the line.

“When they’re not brandishing their weapon, there’s not a whole lot we can do,” he said. “Should someone step over the line and commit a crime, that’s when we’ll step in and investigate.”

In a letter to the editor submitted to the Daily Mining Gazette in Houghton, WUPHD health officer Kate Beer explained the department’s role in the situation.

“WUPHD received over 100 complaints from local residents that stated Cafe Rosetta was operating in violation of current emergency epidemic orders, issued by the Michigan Department of Health and Human Services, by allowing indoor dining,” Beer stated in the letter. “Upon investigation of these complaints, WUPHD issued a warning order finding imminent danger to public health, giving the owner a chance to limit service to takeout only. The owner ignored the warning and WUPHD issued an order to cease and desist food operations, which was also ignored.”

Beer said Cafe Rosetta has received two citations totalling $5,000 from MDHHS, but WUPHD has not issued the business any monetary fines or penalties so far.

“Our approach is always to provide prevention education first,” Beer added. “During this time, out of over 400 restaurants in our five-county jurisdiction, the WUPHD has referred only four establishments to MDARD and MDHHS based upon consumer complaints. Three of these establishments worked with agency staff to reopen for takeout within days of the referrals. Cafe Rosetta is the only establishment that continued to provide indoor dining rather than takeout only.”

A GoFundMe campaign was launched by supporters of Cafe Rosetta on Dec. 18 with a goal of $130,000 to be raised for fighting the cafe’s legal battles. As of Monday, the fundraiser had received nearly $4,000.