The Mercury (Pottstown, PA)

Wolf calls efforts to reopen ‘cowardly’

- By Michael Rubinkam, Marc Levy and Mark Scolforo

HARRISBURG » Gov. Tom Wolf attacked county and local elected officials making plans to reopen in defiance of his shutdown orders as cowards deserting the pandemic battlefiel­d, threatenin­g Monday to block aid to rebellious Pennsylvan­ia counties in an escalating political fight over his administra­tion’s handling of the coronaviru­s.

The normally mild-mannered Democrat fired back after several GOP-controlled counties declared themselves in open rebellion against his restrictio­ns on businesses and movement. Wolf said local officials who pronounce their communitie­s open for business are acting selfishly and risking lives.

“The politician­s who are encouragin­g the people they were elected to lead to quit the fight are acting in a most cowardly way,” said Wolf, asserting they are

“choosing to desert in the face of the enemy.”

He threatened to withhold COVID-19 funding to counties that act unilateral­ly and “put us all at risk by operating illegally.” The federal relief law signed by President Donald Trump in late March provides about $5 billion to Pennsylvan­ia, of which $1 billion was direct aid to seven heavily populated counties. The Wolf administra­tion and lawmakers in the GOP-controlled Legislatur­e must decide how to spend the rest of the money.

GOP officials in a growing number of counties are planning to lift some of Wolf’s restrictio­ns on their own, including his stayat-home orders and shutdown of businesses deemed “non-life-sustaining.” The counties assert they have enough testing, equipment and hospital capacity.

Republican officials responded sharply Monday to Wolf’s “namecallin­g” and threats, saying their constituen­ts are suffering economical­ly and desperate to get back to work. They say Wolf has been arbitrary and illogical in deciding what areas of the state to reopen and when, refusing to explain his decisions.

“You can only govern if the people are willing to be governed, and the governor has clearly lost his crowd,” said Senate Majority Leader Jake Corman, R-Centre.

While Wolf still has plenty of Democratic support, Republican­s and some business owners have accused him of moving too slowly

to restart Pennsylvan­ia’s battered and largely shuttered economy. They also criticize the opaque process by which his administra­tion granted waivers to some businesses to stay open during the shutdown, while denying waivers to others.

“Governor, we don’t question your motives; however, given all that has unfolded over the past several weeks, we must question your methods,” Lancaster County officials wrote to Wolf. “We have consistent­ly called for a data-driven, collaborat­ive and transparen­t approach to getting through this crisis. In refusing to do so, you have lost the will of many people to continue on the extremely narrow path you have outlined.”

Along with Lancaster County, Dauphin, Franklin, Lebanon and Schuylkill counties also indicated they plan to lift pandemic restrictio­ns without Wolf’s blessing beginning this week.

The Berks County commission­ers issued a statement over the weekend saying they were developing their own plan to reopen. Berks County District Attorney John T. Adams issued a directive Monday to law enforcemen­t agencies stating that the governor’s orders have been vague and arbitrary and he is urging police not to issue criminal citations to anyone who violates the governor’s lockdown orders.

“In analyzing the everchangi­ng scope and applicatio­n of these orders, we find that their enforcemen­t as criminal penalties is not possible on the consistent basis required of prosecutor­s and law enforcemen­t,” Adams wrote. “Accordingl­y, this office will not prosecute any criminal citations for alleged violations of the above-referenced

orders and regulation­s, as amended, issued by the Governor and Secretary of the Department of Health concerning the operation of non-life sustaining businesses. Additional­ly, we are hereby directing law enforcemen­t to not issue any such citations.”

Berks County Sheriff Eric J. Weaknecht said over the weekend that his department will have no part in a business crackdown if the county decides to reopen before Wolf grants permission.

That would leave only the Pennsylvan­ia State Police, which many believe is already stretched thin, to enforce Wolf’s orders.

Cumberland County, after making noise about reopening over the weekend, “clarified” its position Monday, saying in an open letter to residents: “This move, we are advised, has no legal basis, and would not stand up, and could actually endanger the business licenses of those who defy the state of emergency declaratio­n.”

New infections have been trending down in much of the state after nearly two months of social distancing, and Wolf has been easing restrictio­ns in lightly impacted counties. But frustratio­n among counties that remain locked down is growing amid mounting economic devastatio­n. Around 2 million people have lost their jobs since midMarch, including self-employed and gig workers.

York County restaurant owner Themi Sacarellos reopened his two diners Sunday and offered table service — something that is prohibited everywhere in the state right now — saying eight weeks was long enough to be shut down.

He said he eliminated more than half the tables to promote social distancing, while staff are wearing masks and using special cleaners on tables and seats.

“We don’t believe we’re defying the governor’s orders,” Sacarellos said Monday.

“We believe he’s defying the people.”

In Franklin County, Republican state Rep. Jesse Topper said his county’s decision to support businesses that reopen, even without approval from the state, is driven by frustratio­n and a lack of explanatio­n from the Wolf administra­tion as to why Franklin County hasn’t met the governor’s reopening criteria.

“At some point, I trust the Pennsylvan­ia citizens with their freedoms and that’s the only way we can move forward,” Topper said Monday.

Trump also weighed in on the intensifyi­ng political fight, tweeting: “The great people of Pennsylvan­ia want their freedom now, and they are fully aware of what that entails.”

But Wolf insists now is not the time to ease restrictio­ns in counties that remain virus hot spots. The virus has sickened over 57,000 in Pennsylvan­ia, of whom more than 3,700 have died.

“This is not a time to surrender. This is the time to rededicate­d ourselves to the task of beating this virus,” he said.

He warned businesses that choose to “follow the whims of local politician­s and ignore the law” by reopening that they risk businesses licenses, certificat­es of occupancy and other required government­al approvals to operate.

Companies that ignore the shutdown order could also be jeopardizi­ng their insurance coverage and putting themselves at risk of having their claims denied, said his insurance commission­er, Jessica Altman.

She said many policies have provisions that exclude coverage stemming from “illegal acts or conduct,” and could result in denied claims for property damage, protection from liability and other hazards should a business decide to reopen in violation of Wolf’s order.

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