The Morning Call

Kutztown puts hold on gathering rule

Federal judge ruled against Pennsylvan­ia’s statewide restrictio­ns

- By Daniel Patrick Sheehan and Kayla Dwyer

When a federal judge on Monday struck down key parts of Pennsylvan­ia Gov. Tom Wolf’s coronaviru­s battle plan as unconstitu­tional, the decision had an immediate impact on Kutztown.

Just three days earlier, on Friday, borough council passed an emergency ordinance that, in part, restricted residentia­l gatherings to no more than 10 unrelated people, and public gatherings to no more than 100.

The limits were partly in response to a spike in infections at Kutztown University — one of many campuses across the country registerin­g case increases since students returned to class. But gathering limits were among the state restrictio­ns U.S. District Judge William S. Stickman IV said ran afoul of constituti­onal guarantees of due process, free assembly and equal protection.

Council on Tuesday put enforcemen­t of that portion of the ordinance on hold, while leaving sections pertaining to masking and social distancing in effect.

“We’re going to wait for this section [of the ordinance] to see the outcome of the state’s next position,” borough Manager Gabriel Khalife said. “Are they

going to appeal or request a stay? So we’re just going to keep this section on delay.”

Wolf had not taken any action as of Wednesday, though a spokespers­on said the state plans to appeal the ruling and request a stay of the decision.

The pandemic reached Pennsylvan­ia in early March, prompting Wolf and Health Secretary Dr. Rachel Levine to order nonessenti­al businesses to close, impose stay-at-home orders and limit public gatherings in a bid to disrupt transmissi­on of the deadly airborne virus that has killed more than 7,800 residents and sickened more than 145,000 in Pennsylvan­ia. Wolf, a Democrat, has since lifted many of the restrictio­ns, allowing businesses to reopen and canceling a statewide stay-at-home order. But legal experts say Stickman’s order, unless it is stayed, would prevent the state from imposing such restrictio­ns again in the case of a severe outbreak.

Khalife said council, in adopting its own measures, “wanted to try to be preventive or proactive, to do something ahead of a bigger problem.”

While some residents accused council of overreach, “I think almost all the people understand why council is looking to do it,” he said.

Borough police Chief Craig M. Summers said the department had not written any citations in the brief time the gathering restrictio­n was in effect. But officers wouldn’t have begun citing violators immediatel­y anyway.

“We would be educating instead of [citing],” he said. “But we’re only going to educate them so many times.”

So far, the chief said, “there haven’t been large parties” normally associated with the return to campus. But, he added, “It’s not a normal type of school year.”

Some schools, facing COVID-19 spikes, have sent students home and switched to online learning. Temple University did so after recording 333 cases Aug. 10-28.

Kutztown University is sticking with its hybrid of in-person and online classes despite having recorded 242 cases as of Tuesday. About 2,300 students live on campus.

University spokesman Matt Santos said the school doesn’t plan to make large, off-campus gatherings a violation of the student code, as some schools have done. He said parties are discourage­d and students “have done a good job of self-policing.”

When asked, a spokespers­on for Wolf did not address the Kutztown vote Wednesday.

 ?? RICKKINTZE­L/THE MORNING CALL ?? Fig Daugherty, left, looks at her ice cream with her friends Madeline Iaaacson and Willow Schlegel on Wednesday in Kutztown. Borough officials are delaying enforcemen­t of a section of a new ordinance that restricts residentia­l gatherings.
RICKKINTZE­L/THE MORNING CALL Fig Daugherty, left, looks at her ice cream with her friends Madeline Iaaacson and Willow Schlegel on Wednesday in Kutztown. Borough officials are delaying enforcemen­t of a section of a new ordinance that restricts residentia­l gatherings.
 ?? RICKKINTZE­L/THE MORNING CALL ?? Kutztown University students Lia Tzetanova, left, and Rachael Causland prepares to enter a business Wednesday in Kutztown. Borough officials are delaying the enforcemen­t of a section of a new ordinance that restricted residentia­l gatherings to no more than 10 unrelated people, and public gatherings to no more than 100.
RICKKINTZE­L/THE MORNING CALL Kutztown University students Lia Tzetanova, left, and Rachael Causland prepares to enter a business Wednesday in Kutztown. Borough officials are delaying the enforcemen­t of a section of a new ordinance that restricted residentia­l gatherings to no more than 10 unrelated people, and public gatherings to no more than 100.

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