D.A.: Wolf shutdown order not feasible
Gov. Tom Wolf indicated Thursday when he announced a mandated shutdown of all “non-lifesustaining” businesses that his executive order would have teeth.
He said starting at 12:01 a.m. Saturday the order would be enforced by state and local authorities. Businesses that were supposed to be closed that weren’t would face repercussions.
Friday night, Wolf amended his order, delaying enforcement until Monday at 8 a.m. because of the high volume of businesses seeking waivers.
Berks County District Attorney John T. Adams said he doesn’t think those teeth are particularly sharp.
“My initial response was ‘Under what authority?’ “he said Fri
day afternoon. “What statutory authority do we have to close businesses?”
Adams said that he has advised law enforcement agencies across Berks that, after doing extensive research on the topic, his office could not find any specific statutes that would hold up in court to cite and fine businesses failing to follow the governor’s mandate.
“The only hammer that we would have is state licensing boards,” Adams said, adding that they only cover a select few types of businesses.
Adams said he feels Wolf’s announcement lacked details, leaving counties to try to figure out for themselves what path to follow.
“I really think that when we look at the total picture and the mandate that he set forth — including the possibility of enforcement — no one has provided us any direction on that enforcement,” he said.
Adams said he is encouraging self-compliance by local businesses. He suggested officers who come across non-life-sustaining businesses that are open should educate the owners and tell them should should close up shop.
“We’re looking for voluntary compliance,” Adams said.
Adams said law enforcement has bigger fish to fry than non-compliant businesses, and that issuing citations is not something high on his to-do list.
“We have plenty of other priorities,” he said. “We need not clog our court system with unnecessary citations.”