What is essential?

State needs clear criteria for business waivers

Gov. Tom Wolf’s attempts to slow the spread of COVID19 have included a mandate to close all but essential businesses. Unfortunately, the determination of what businesses can remain open and which must close has been uneven, confusing and at times appears arbitrary.

The governor and state officials need to make clear what criteria was used to issue waivers to businesses, and the reasons for denying requests to remain open.

The move to close businesses amid the coronavirus pandemic began March 16 when Mr. Wolf ordered all “nonessential” businesses to close, but there was little specificity on what business fell into that category. In addition, the governor relied on voluntary compliance, rather than enforcement.

That changed on March 19 when a mandatory order for all but “life-sustaining” businesses to close was issued, along with a comprehensive list of what industries were exempt from the order.

Since then, there have been ongoing changes — and challenges — to the list and nearly 34,000 requests for waivers as many businesses and organizations have pointed out the state’s inconsistencies in determining which businesses should remain open.

And it didn’t help matters when it became public that a business formerly owned by Mr. Wolf and a business owned by state Senate President Pro Tempore Joe Scarnati, R-Jefferson, were permitted to stay open. Mr. Wolf’s former business, Wolf Home Products, is a cabinet and building products supply company. Mr.

Scarnati’s business, The Dan Smith Candy Co., makes and sells candies and chocolates.

Mr. Scarnati’s business has since closed, and the waiver for Wolf Home Products was rescinded, but the owners continue to operate some aspects of the business, maintaining the company meets the criteria as an essential business.

It’s that type of inconsistency and vagueness that have led to criticism of Mr. Wolf’s mandate to close businesses.

To date, the Wolf administration has not released the criteria and process for approving or denying waivers, and it has not released a list of businesses that were permitted to reopen and those that were denied.

The Department of Community and Economic Development said of the more than 34,000 waiver requests received by the April 3 deadline, 5,600 were approved and 8,100 denied. The sheer number of waiver applications threatens to overwhelm the DCED staff of 40 to 50 people working on the requests.

Mr. Wolf is right to take actions similar to those used in other states to slow the spread of COVID-19, but the current system of deciding which businesses can remain open needs to include the fullest measures of transparency if the governor expects full cooperation.

These are challenging times for everyone, from government leaders to business owners to people who are out of work and concerned about their futures. It’s a time when we need — and demand — openness and transparency from those who govern.