State troopers will issue citations as a last resort
State Police say they will continue to encourage businesses to comply with Gov. Tom Wolf’s closure orders.
Pennsylvania State Police said they will continue to encourage businesses deemed non-essential to comply with Gov. Tom Wolf’s closure orders during the COVID-19 pandemic, but they are willing to cite those who repeatedly refuse to shut down.
If necessary, troopers will cite businesses in counties such as Berks, where district attorneys have said they won’t prosecute those violations, Lt. Col. Scott Price said Wednesday.
“We don’t believe as the law is written that the governor’s order can be overwritten by county authorities,” he said.
Troopers so far have issued 329 warnings statewide to businesses but just one citation, that one to Middle Creek Roofing in Millcreek Township, Lebanon Township, which was cited April 23 while holding a training meeting for workers.
That enforcement has only taken place in counties where state police provide primary coverage. When it comes to Wolf’s order, troopers won’t intercede in municipalities covered by local departments, Price said.
And even in areas they cover, enforcement is their last resort, he said.
“We’re focused on education and encouragement,” he said.
But when there is an ongoing and willful refusal by a business to comply, troopers can take the next step, he said.
“If a business owner says ‘Look, I’m just not going to close,’ they can be cited,” he said.
That’s not just because they are breaking the law, but also because they are jeopardizing public safety, he said.
On Monday, Berks District Attorney John T. Adams issued a statement reiterating comments he made when the shutdown initially was announced that his office will direct local law enforcement to not issue criminal citations for not complying with the order and instead focus on educating businesses about the steps they can take to stop the spread of the virus.
Adams added that he will not prosecute any such citations for alleged violations of the order.
“Citizens cannot be subjected at risk of criminal penalty to restrictions whose terms continually change,” he said. “Rapid changes in the definition of what constitutes criminal conduct renders the application of criminal law as arbitrary and impossible to follow or defend against. In analyzing the ever-changing 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.”
There are other instances in which troopers can cite offenders who aren’t prosecuted by district attorneys, Price said, mentioning possessing a small amount of marijuana as an example.
As many counties including Berks are considering what course to take toward reopening,
Wolf said those that do so against orders could lose federal stimulus money and businesses that open early could face potential civil or administrative penalties, including losing their state licenses and insurance.
For the most part businesses and individuals have been cooperating with the new rules, Price said. And there are signs their compliance is helping, such as a reduction in the number of people hospitalized with coronavirus statewide in recent weeks, he said.
But Pennsylvania is clearly still in a public health emergency, and there are more people who have been infected than those who tested positive, he said.
Therefore, he said, troopers will continue with precautions to keep themselves and residents safe, including wearing masks in public when possible and trying to maintain a safe distance from people when the calls allow for it.
“We treat every contact like a possible exposure,” he said. “We can’t get complacent.”
As of Wednesday 13 troopers have tested positive for coronavirus and all have returned to duty. Three others are in selfquarantine pending tests, he said.