LYND — One area restaurant plans to stay open for business in spite of Gov. Tim Walz’s executive order to close dine-in service for the next few weeks.

Larvita McFarquhar, owner of Haven’s Garden in Lynd, said the restaurant would still be open Friday night — although there could potentially be legal consequences.

“For me, the governor, what he’s doing is unconstitutional and unlawful,” McFarquhar said Friday. “I’m not going to back down to tyranny.”

McFarquhar said she’s gotten both negative and positive feedback for her decision. A Minnesota-based political group called Action 4 Liberty has been mobilizing people in her support, and collecting donations on its website.

“The support lately has been wonderful,” McFarquhar said.

On Nov. 19, McFarquhar announced on the Haven’s Garden Facebook page that the restaurant would be open from 9-11 p.m. on Friday for food, music and an open mic night. However, that was followed by a post asking, “What does it say about our country, and Governor Walz when he uses our Sheriff’s Department, Attorney General and our citizens to harass, threaten, bully, intimidate, coerce with fines, litigation fees, loss of licenses, and jail time for wanting to be open.” In a video, McFarquhar said she wanted to thank customers who come out to Haven’s Garden, “But I want everyone to know that there is a possibility that they would be fined.”

The website Alpha News reported Wednesday that the Minnesota Attorney General’s Office planned to file a lawsuit against McFarquhar. However, on Friday McFarquhar said she had yet to hear confirmation from the Attorney General’s Office as to whether they were filing a lawsuit. She said the DJ who was originally going to perform at Haven’s Garden on Friday night had backed out, over concerns of legal penalties.

A spokesperson for the Attorney General’s Office said Friday that the office did not have an enforcement action against Haven’s Garden, but it would be working with the local health department.

Lyon County Sheriff Eric Wallen said the Sheriff’s Office had received complaints about McFarquhar opening her business, and the Sheriff’s Office had also talked to her about the health hazards of doing so.

Wallen said the Sheriff’s Office and the Minnesota Department of Public Safety are taking a public education approach to the executive orders. However, he said, “I don’t know what other state entities will do.”

In addition to opening Haven’s Garden on Friday night, McFarquhar also posted on Facebook that her business would have new daytime hours starting Dec. 2. The post urged people to stay home if they are not feeling well.

This isn’t the first time McFarquhar has spoken out against the governor’s executive orders closing or restricting businesses. In April, she was part of a group of Minnesota small business owners who challenged Walz’s executive orders in the Minnesota Court of Appeals. The Free Minnesota Small Business Coalition sought to strike down the orders because they were unconstitutional.

The appeals court dismissed the case in May, saying it didn’t have the jurisdiction to rule on it. While Minnesota statutes say state rules can be appealed if they interfere with legal rights, that doesn’t include emergency executive orders.

McFarquhar’s contract to coach gymnastics at Marshall Public Schools was not renewed this year. In a video posted on her Facebook page earlier this month, McFarquhar said she was fired after receiving a letter for not wearing a face mask. However, the non-renewal resolution approved by the MPS school board did not mention face masks.

The district’s “Return To Play” protocols for athletics this year include that coaches and advisors should wear a face mask when on duty, regardless of social distancing.

“This whole year has been rough,” McFarquhar said. She said she hoped people would show other local businesses that want to stay open the same support hers has been shown. “It is scary sometimes, being by yourself.”