(CBS DETROIT) — A new ruling will allow the Owosso barber who refused to shutdown his business stay open.

Michigan Judge Matthew Stewart denied the state’s request to force Karl Manke to close his barbershop.

Stewart said the state failed to prove the 77-year-old was posing a threat to the public health and safety of customers.

Manke has been ticketed for not following the state’s emergency declaration order.

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