Ishpeming flea market closure sparks debate
By SAM EGGLESTON, Journal Ishpeming BureauArticle Photos
John Johnson, the owner and operator of MT$ Flea Market on Division Street, spoke before the city council during public comment at Wednesday night’s meeting.
He said the city had forced him to close his store Tuesday afternoon, citing a state law requiring licensing by a city’s mayor in order to legally operate a secondhand or junk dealership. He also said that on Wednesday, Mayor Pat Scanlon granted him a conditional 93-day license to operate his store.
“I applied for a one-year license,” Johnson said. “I wanted the council to approve that one-year license instead of allowing me to only work on a conditional one for 93 days.”
The law — Act 350 of 1917 — states secondhand or junk dealers cannot do business in any counties, cities or villages of Michigan without having first obtained a license of authorization from the local body of government.
Johnson also stated during the meeting that he had contacted several other secondhand businesses in the city and asked if they were required to apply for such a license. He said they were not.
“I feel as though my 13th Amendment rights have been violated,” Johnson said. “I am not being held to the same standard as my peers.”
Police Chief Jim Bjorne said all secondhand dealers will eventually be required to have licenses. The city is in the process of making an ordinance based on Act 350 that will be specific to Ishpeming’s needs, he said. He also said the process leading to the decision to close MT$ Flea Market did not consider Johnson, who became the official owner of the business Tuesday afternoon after the doors were closed.
“We had every right to believe that the business was a fencing operation for stolen goods,” Bjorne said at the council meeting.
Bjorne said this morning that investigations at the flea market prior to Johnson’s ownership allegedly found several stolen items, including jewelry, drills and household goods. In addition, Bjorne said the store was found to be in violation of Ishpeming’s Precious Metal and Gem Act, which the store had a permit to operate under. That permit was revoked by the police department Tuesday.
“They cannot take my permit without due process,” argued Dale Manthey, a resident of Beaver Grove who has financial interest in five MT$ Flea Markets throughout the Upper Peninsula and one in Wisconsin. Manthey’s name was not on the revoked permit, which was issued to his son, Daniel Tebear.
“Why wasn’t I charged with anything? Bjorne just can’t take my permit,” Manthey said.
“The next thing Chief Bjorne is going to do is remove you once this gavel drops,” Scanlon warned during the meeting after several outbursts from Manthey.
According to police records, the first investigation into stolen items occurred Oct. 15, seven days after the flea market opened. The second investigation occurred Oct. 30 and a third investigation took place Nov. 20. In all three investigations, Bjorne said, Manthey was operating the store at the time police recovered the allegedly stolen goods and each time failed to provide proper paperwork for the purchase of the items.
A fourth incident was investigated Jan. 8, and Bjorne said the owner of the shop at the time was not able to provide paperwork for the suspected stolen items.
“At that time, we had to decide about what was going to be done,” Bjorne said. “We looked at several options, including a sting operation, and decided to proceed as we proceeded. This has nothing to do with Mr. Johnson and everything to do with the stolen items that were found in the store since it opened.”
Bjorne added that Johnson’s ownership is a new chapter for MT$ Flea Market.
“I think he was sincere in his desire to run a good operation there,” he said. “I was surprised that he spoke in front of the council regarding how badly he had been treated when I felt as though I did everything I could to get his doors back open as quick as possible.”
