Counties, lawmakers, firms to sue Wolf over virus shutdown
Four Western Pennsylvania counties, four Republican lawmakers and several businesses have sued the governor and a top health official over business shutdown orders and reopening plans in Pennsylvania, saying the actions are arbitrary and violate civil rights.
The suit, filed in U.S. District Court on Friday, names Gov. Tom Wolf and state Health Secretary Dr. Rachel Levine.
The plaintiffs are Washington, Butler, Greene and Fayette counties, along with
U.S. Rep. Mike Kelly of Butler County and state Reps. Marci Mustello of Butler County, Daryl Metcalfe of Cranberry and Tim Bonner of Grove City.
Joining in the suit are several individuals and smallbusiness owners in those various counties, including a horse trainer at The Meadows, a garden business, an appliance store, hair salons and drive-in theaters.
The counties say the shutdown violates the freedom of association clause of the First Amendment because the counties can’t have meetings and public gatherings to discuss issues.
The lawmakers say the shutdown is impacting their ability to campaign door-todoor for re-election.
And the businesses, all considered non-life-sustaining, say they didn’t have a chance to protest that designation and that the state’s waiver system violates the law because it doesn’t provide for an opportunity to be heard or to appeal.
The suit was filed before news broke that the governor plans to move most of southwestern Pennsylvania into the less-restrictive yellow category.
“In an arbitrary and capricious manner, defendant Wolf has issued guidance concerning an easing of stay at home restrictions for certain counties, which is inconsistent with the available statistical data and health precautions recommended by the United States Center for Disease Control,” says the suit, filed by attorneys Thomas King of Butler and Robert Grimm of Waynesburg, Greene County.
The suit says the colorcoded system for reopening some parts of the state while others remain locked down is unfair.
In the case of Butler County, for example, the suit says the neighboring counties of Lawrence, Mercer,
Venango and Clarion all are in the “yellow.” Yet Butler is not, although it is on the new list to move into that category at a still-unspecified time.
“It is clear that the coronavirus does not stop at or respect arbitrary boundaries such as county dividing lines,” the complaint says. “Further, it is likewise clear that the virus does not stop at state lines.”
Washington County borders Ohio and West Virginia and its citizens travel back and forth, but those states have different rules. The suit says the “edicts” of the governor and secretary of health have “no relation to nor bearing upon the conduct of business, liberty or other constitutional rights with respect to the citizens of these counties when entering into the states of Ohio and West Virginia.”
The businesses, such as the Skyview Drive-In in Butler or the Classy Cuts Hair Salon in Waynesburg, say they are being forced to remain closed while other similar businesses in other counties will be allowed to reopen.
The suit is asking that a federal judge declare the shutdown order unconstitutional and asks for an injunction against enforcing it.