Shepler’s Takes Case to State High Court

Shepler’s Mackinac Ferry has asked the Michigan Supreme Court to review its lawsuit against the City of Mackinac Island, in which it charges the city is unfairly hindering its right to conduct a freight business on the Island. The City’s right to restrict Shepler from conducting business activities on its public streets was upheld by the 11th Circuit Court May 20, and affirmed by the Michigan Court of Appeals October 25.

Shepler had argued that restrictions imposed by the City of Mackinac Island on its freight operation are not imposed on its competitor, Arnold Transit Company, but the courts have said that Arnold doesn’t use a city street to load and unload freight, like Shepler does, and, therefore, the city has a right to maintain order on its public thoroughfares by restricting the times Shepler can use the street for its business.

“We are hopeful that the Supreme Court will agree to hear the case, because there are important principals involved,” said Shepler’s attorney, Aaron J. Gauthier of Patrick and Kwiatkowski in Cheboygan.

At the Supreme Court level, said Mr. Gauthier, “We are focusing only on the claim that the restrictions imposed on our client, which are not imposed on a similarly situated business, violate our client’s constitutional right to equal protection of laws.”

Shepler sued the city earlier this year, charging due process and restraint of trade, and taking issue with time restrictions placed on its business license for freight delivery, stating that the city violated the company’s equal protection.

The Circuit Court found that Shepler failed to show the restrictions were unreasonable and the Court of Appeals agreed with the decision.

“All our client wants is to be treated the same as other businesses,” said Mr. Gauthier.

The city allows Shepler’s to make freight deliveries from 8 a.m. to 10:30 a.m. and from 8 p.m. to 12 a.m., a decision that was made in 1994, when Shepler’s sought a business license to deliver freight on Mackinac Island. At issue then was Shepler’s lack of room to load and unload horse-drawn drays on its dock. Shepler needed to rely on the use of public streets for the process and the time restrictions were to help elevate congestion during peek visitor hours, the city council said.

Mackinac Island City Attorney Tom Evashevski said he will be filing a brief in response Shepler’s application by January 10.

Mr. Gauthier said he expect it could be four months before the Supreme Court decides whether it will hear the case.