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Association News<br />
Midwest Carwash Association<br />
(MCA)<br />
President writes impassioned letter to<br />
members regarding the Covid-19 pandemic<br />
Women in Carwash tm<br />
Third Women in Carwash<br />
event to take place next January in Florida<br />
According to Brenda Johnstone, founder of the Women in Carwash<br />
initiative, the third conference will take place next January in Fort Lauderdale,<br />
Florida. “In the ever-changing carwash industry, women are rapidly<br />
emerging as some of the most forward-thinking leaders. What is also exciting<br />
is that a growing number of men are welcoming and actively supporting<br />
this change,” the <strong>web</strong>site stated.<br />
The 2021 conference will include three days of guest speakers, workshops<br />
and networking opportunities. The B Ocean Resort in Fort Lauderdale<br />
will serve as the venue.<br />
On May 28, 2020, MCA President Joe Chatel, sent a poignant and passionate<br />
letter to its members regarding the Covid-19 pandemic and its effect<br />
on car washes within the midwestern association, including Michigan, Ohio,<br />
Indiana, Illinois and Wisconsin.<br />
A portion of Chatel’s letter was as follows:<br />
During this pandemic virus situation, the MCA has been tasked with navigating<br />
a never before seen industry situation. I am determined to continue the<br />
fight for our rights as operators as well as using the silver linings to make the<br />
MCA better for its members.<br />
...The MCA has filed legal action in the State of Michigan where legal<br />
restrictions impacting our members have been the greatest in our region.<br />
The majority of the other cases filed in the federal cases sought emergency<br />
injunctive relief and lost. We could easily take the same tactic, but we would<br />
likely lose, not because of the lack of merit in our position, but because the<br />
standard for obtaining emergency injunctive relief is very high. This is why the<br />
other plaintiffs in the other federal cases have had problems—when the plaintiffs<br />
moved for immediate injunctive relief, they had the burden. The state had<br />
no burden; and was able to easily move away from the action.<br />
Again, our goal is to put pressure on the Governor and to try our best to<br />
obtain a ruling that the executive orders released have been unconstitutional<br />
under the United States Constitution. Our case is a matter of federal law, not<br />
state law. The MCA has obtained an agreement from the State of Michigan<br />
Assistant AG to respond to our complaint on or before June 5, 2020. As such,<br />
the burden is now placed on the Governor to either answer our case or move<br />
to dismiss. We have every reason to believe that the Governor will move to<br />
dismiss our case and will ask for a speedy hearing.<br />
...As for the Legislature’s case—this was a matter limited only to Michigan<br />
state law—not the United States Constitution. Federal courts, in general, do<br />
not decide matters of state law against a state or state official. We could have<br />
filed our own “state law” claims in the Court of Claims too—but that would<br />
have required additional costs and fees and expense to our loyal members’<br />
dues. Spending the association’s money is something that is never taken lightly.<br />
The Legislature conceded that Covid-19 was an emergency. Judge Stephens<br />
sped up the hearing for a number of reasons, including mootness, and<br />
including the Legislature’s immediate need to be included in the process. Yes,<br />
the Legislature moved for immediate relief, which was risky, but also necessary<br />
given the nature of the state claims, the concession of Covid-19, and the supposed<br />
May 28, 2020 expiration of the emergency declaration. But the Legislature<br />
also has deep pockets and it presumably has a huge budget to take its case<br />
through the appellate courts.<br />
Unlike the Legislature, we are not conceding the Covid-19 emergency.<br />
That’s why we put so much work into the data. As such, I don’t believe that<br />
we have wasted our resources with the amicus brief, especially since the Governor<br />
has magically decided to open the northern half of the state. By filing<br />
the amicus brief, we effectively obtained two venues and we will reap the<br />
benefit of a favorable decision from the Court of Claims. But even if the Court<br />
of Claims rules against the Legislature, such a ruling will not impact the legal<br />
analysis of our federal claims. Again, by forcing the Governor to respond in the<br />
manner that we did, gives us the best advantage in our legally guided opinion.<br />
SUMMER 2020 • 35
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