Minnesota Department of Health v MLH Enterprises, LLC
In January of 2021, the Minnesota Department of Health (“MDH”) assessed MLH Enterprises, LLC what is termed an “unforgivable administrative penalty” in the amount of $10,000 for failure to comply with governor Walz’s executive order prohibiting on-site, indoor consumption of food and beverages. MLH Enterprises, LLC responded with Notice of Conditional Acceptance and Notice of Counterclaim.
The acceptance of the “unforgivable administrative penalty” in the amount of $10,000 was conditioned upon proof of claim that it was not assessed lawfully but only under color of law and color of authority upon record of FRAUD BY OMISSION, FRAUD IN LAW, AND FRAUD IN FACT. The Notice set forth the applicable statutes establishing that MDH may only take action authorized under statutes, rules, or other actions established by enumeration under the applicable statute — none of which included executive orders issued by the governor.
The Notice of Counterclaim established a claim that the agent committed intentional trespass to extort property under color of law and color of authority upon record of FRAUD BY OMISSION, FRAUD IN LAW, AND FRAUD IN FACT to intentionally cause harm for the free exercise of rights protected under the Minnesota Constitution, the Constitution for the United States of America and the common law and made demand for direct, compensatory, and punitive damages. The Notice offered a time period of 21 days to dispute any facts or assert any law that would avoid the liability as charged. The agent failed to make any assertion.
As of May 2023, MDH has not pursued the “unforgiveable administrative penalty” and the agent stands in default to the counterclaim.
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