The Mercury (Pottstown, PA)

Pa. reports death; Wolf defends shutdown

- By Michael Rubinkam and Marc Levy

HARRISBURG » Pennsylvan­ia’s coronaviru­s death toll rose by one on Saturday as lawyers for Gov. Tom Wolf asked a court to dismiss lawsuits challengin­g his authority to shutter “non-life-sustaining” businesses, declaring that unpreceden­ted action is needed to combat a global pandemic they called “perhaps the biggest catastroph­e of our lifetimes.”

The Allegheny County Health Department confirmed the death Saturday and described the person as an adult in the late 60s who had been hospitaliz­ed.

More than 370 coronaviru­s cases and two deaths have been reported in Pennsylvan­ia. Health Secretary Rachel Levine said the state is seeing a spike in cases because more people are getting infected, not because testing has expanded. She also revealed Saturday that Wolf’s administra­tion is considerin­g a “shelter in place” order to ensure people stay at home.

Wolf has already discourage­d people from going out, if they can avoid it, and ordered schools shut through March, at least.

In a legal filing late Friday, the state attorney general’s office said Wolf is empowered by the state’s Emergency Management Services Rodef Shalom Rabbi Aaron Bisno, center, delivers his sermon to an empty synagogue, during an Erev Shabbat service that is being streamed live on Facebook, Friday, March 20, in Pittsburgh. All events have been suspended at the synagogue until April 16, to help mitigate the spread of the COVID-19 virus.

Code to shutter businesses and to restrict people’s movements in a disaster.

“COVID-19 presents an extraordin­ary challenge that requires extraordin­ary measures to combat. The governor was empowered by law to combat precisely this challenge,” the filing said.

The state Supreme Court did not immediatel­y rule on lawsuits challengin­g aspects of Wolf’s authority to shut down gun shops and law firms.

Wolf has justified his edict that tens of thousands of businesses shutter their doors indefinite­ly by citing big, daily upticks in the number of COVID-19 cases that health officials say threaten to overwhelm hospitals and spike the death toll.

Under pressure from Republican­s, business owners, workers and others, Wolf agreed to delay enforcemen­t of the shutdown order until Monday. His administra­tion also agreed to exempt additional businesses from the shutdown, including the timber industry, coal mines, hotels, accountant­s and laundromat­s.

A Harrisburg-area law firm challenged the governor’s power to shutter law offices, declaring Wolf had no right to meddle in the judicial branch. In a second suit, also filed Friday, a gun shop said Wolf’s edict violated the Second Amendment right to bear arms and other constituti­onal rights.

Wolf’s lawyers said that nothing in his order prevents an attorney from practicing law or a citizen from owning a gun.

“Petitioner­s’ argument that the global COVID-19 pandemic is somehow not a disaster demonstrat­es a dangerous level of myopathy about the effect this pandemic could have on the citizens of the commonweal­th and our health care system if the spread of this disease is not arrested,” the attorney general’s office wrote.

Wolf’s administra­tion has steadfastl­y refused to confirm to The Associated Press whether gun shops are covered by his shutdown order. Its legal filing said the governor’s office used industry codes generated by the U.S. Bureau of Labor Statistics to construct its list of businesses covered by the shutdown order.

“Any business would already know which sector it occupies and its correspond­ing NAICS code,” the filing said.

On Saturday, Joshua Prince, a lawyer challengin­g the governor’s edict, called the legal filing “merely another smoke and mirrors response by the commonweal­th, as it is acutely aware that there is no NAICS code relative to the sale, manufactur­e or transfer of firearms and ammunition.”

He said the coding issue arises frequently for federal firearms licensees when they attempt to procure financing, “as there is no applicable code.”

Wolf’s legal team also said that voluntary requests for Pennsylvan­ians to stay away from one another and for businesses to close their doors and have employees work from home proved ineffectiv­e at slowing the spread of the disease, requiring more drastic action.

“Pennsylvan­ians refused to voluntaril­y engage in ‘social distancing’ to prevent the spread of COVID-19, leaving Governor Wolf with no option other than to close nonessenti­al businesses to ‘lessen the curve’ of the disease,” the filing said.

Allegheny County’s death brought to two the deaths reported in the state.

State health officials on Saturday reported more than 100 new cases in Pennsylvan­ia, for a total of more than 370, with about 40 people requiring hospitaliz­ation. Philadelph­ia Health Commission­er Thomas Farley said the city had confirmed its first positive case in a nursing home resident.

Levine said people with mild symptoms do not necessaril­y need to get tested, and, after calling their doctor, they may be able to stay home, rest, take fluids and anti-fever medication.

Testing is being prioritize­d for symptomati­c people who are health care providers, elderly, have chronic medical conditions or are very ill, Levine said.

For most people, the virus causes only mild or moderate symptoms, such as fever and cough. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia. The vast majority of people recover.

NURSING LICENSES

Wolf’s administra­tion on Saturday suspended a number of administra­tive requiremen­ts for nurses, including some licensing requiremen­ts and temporaril­y extending license expiration dates as it tries to find ways to boost staffing levels at hospitals to deal with a surge of patients stricken with the new virus.

TAX DEADLINE

State officials say the deadline for taxpayers to file 2019 Pennsylvan­ia personal income tax returns has been extended to July 15.

The Internal Revenue Service earlier extended the federal tax filing deadline to July 15.

The state Department of Revenue said Saturday that it will also waive penalties and interest on 2019 personal income tax payments through the new deadline of July 15. Under Pennsylvan­ia law, the filing deadline for personal income tax returns is tied to the federal income tax due date, officials said.

TRANSIT LOSSES

The Philadelph­ia-area transit system says it is projecting a budget deficit of at least $150 million and is considerin­g further service reductions following “massive, sudden ridership losses” amid the coronaviru­s outbreak.

General manager Leslie Richards of the Southeaste­rn Pennsylvan­ia Transporta­tion Authority said other measures aimed at stemming the losses also include a hiring freeze, eliminatio­n of overtime and a 10% pay cut for top executives.

 ?? GENE J. PUSKAR - THE ASSOCIATED PRESS ??
GENE J. PUSKAR - THE ASSOCIATED PRESS
 ?? TODD BERKEY/THE TRIBUNE-DEMOCRAT VIA AP ?? Laurel Toyota mechanics, from left, Rich Grayish and Steve Dunn work on a hybrid car recall on a Toyota Prius at the Johnstown, Pa., Toyota dealership, Friday, March 20. Pennsylvan­ia Gov. Tom Wolf announced a list of non-essential businesses that are being told to close to contain the spread of coronaviru­s. Car dealership­s are allowed to keep their auto repairs shops open.
TODD BERKEY/THE TRIBUNE-DEMOCRAT VIA AP Laurel Toyota mechanics, from left, Rich Grayish and Steve Dunn work on a hybrid car recall on a Toyota Prius at the Johnstown, Pa., Toyota dealership, Friday, March 20. Pennsylvan­ia Gov. Tom Wolf announced a list of non-essential businesses that are being told to close to contain the spread of coronaviru­s. Car dealership­s are allowed to keep their auto repairs shops open.

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