Wolf's sweeping order draws questions, complaints, lawsuits
Associated Press | Hagadone News Network | UPDATED 6 years, 4 months AGO
HARRISBURG, Pa. (AP) — Business groups and Republican lawmakers greeted a broad shutdown order from Pennsylvania's governor with questions, objections and outrage on Friday, warning of its implications as two lawsuits challenging it were filed.
Gov. Tom Wolf defended the order — issued late Thursday to sharpen an earlier directive — by saying in a video news conference Friday that the restrictions are necessary to prevent Pennsylvania's hospitals from becoming overwhelmed with people stricken by the virus.
Wolf, a Democrat, said his “heart goes out to everybody in our commonwealth,” but he also said that difficult decisions made now will make it easier on health care workers later as new cases continue to surge.
“These are uncharted waters and, in this situation, we’re not going to do everything perfectly, but we’re going to do the best we can to prevent our hospital system from crashing,” Wolf said.
Wolf said there’s a “robust waiver process” for businesses that believe they should be exempt from the shutdown order.
On Thursday evening, Wolf directed all “non-life-sustaining” businesses to close their physical locations and said state government would begin to enforce the edict starting early Saturday.
Among the toughest actions by a U.S. governor to combat the spread of COVID-19, Wolf's order drew loud complaints that it threatened critical supply chains and economic devastation.
As Wolf defended his sweeping shutdown order in the news conference, two lawsuits were filed to the state Supreme Court challenging aspects of his authority to shut down gun shops and law firms.
CASES AND HOSPITALS
The Health Department reported a sharp rise in the number of confirmed cases on Friday, adding 83 in the past day for a total of more than 260. There has been one death from COVID-19 in the state.
Health Secretary Rachel Levine said cases will continue to surge and that the Wolf administration is working with hospitals to determine their capability to handle such an increase and looking at every option to add bed space, staffing and supplies.
Levine also said they are looking at whether beds for patients with less serious ailments can be created in hotels. Wolf's administration also has asked hospitals to postpone elective procedures.
For most people, the new coronavirus 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.
Meanwhile, schools have been shut down through March, at least, statewide student assessment tests have been canceled for the year and unemployment claims have skyrocketed.
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LAWSUITS
In one lawsuit, a Harrisburg-area law firm challenged the governor's right to shutter law offices throughout the state.
By ordering law firms to close their doors, Wolf deprived citizens of their right to counsel, lawyer William Costopoulos argued in court papers. Costopoulos' petition noted that the high court, in ordering the closure of state courts this week, created several exceptions for emergency petitions involving custody, protection from abuse and other matters.
In an interview, Costopoulos also said the executive branch doesn’t have a right to meddle in the judicial branch.
“The governor, though his intentions are well meaning in light of this pandemic, does not have the authority to usurp either the Supreme Court or the Constitution when it comes to the practice of law,” Costopoulos said.
In the second suit, a law firm, a gun shop and a would-be gun buyer asked the Supreme Court to stop Wolf from shuttering businesses determined to be not "life-sustaining,” arguing he lacks that authority under state law.
The suit said the state's gun shops “have been left with insufficient guidance as to their potential status as 'life sustaining.'”
It also challenges Wolf's order on Second Amendment and other constitutional grounds, saying the right to bear arms “is the epitome of life-sustaining.”
The high court ordered the Wolf administration file a response by late Friday.
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BUSINESS REACTION
The Pennsylvania Manufacturers’ Association president, David Taylor, said the order wasn't discussed beforehand with any trade associations or business groups, which could have pointed out flaws in his plan.
The Pennsylvania Chamber of Business and Industry said Friday it was pressing for changes to the order, and Wolf's administration did make at least one change Friday, allowing laundromats to remain open, and a clarification that hotels can stay open.
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ENFORCEMENT
Wolf's order said more than 150 types of businesses had to close their physical locations. He said the order would be enforced by state troopers, local officials, the state Health and Agriculture departments and the Liquor Control Board.
Businesses that do not comply can be cited, fined, have their licenses suspended and forfeit disaster relief, the administration has said. Criminal charges are also possible, the governor's office said.
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OPEN AND CLOSED
Among those allowed to stay open are gas stations, grocery stores, beer distributors, drugstores and building materials stores. Restaurants and bars can continue to offer carry-out, delivery and drive-thru food and drink service, but not dine-in service.
Businesses under shutdown orders range from coal mines to building contractors to many types of manufacturers, along with professional offices, such as law firms and accounting offices.
Retailers ordered to close include car dealers, clothing stores, furniture stores, florists, office supply stores and lawn and garden stores.
Even within the shrinking number of retail outlets, practices were changing rapidly. Convenience store giant Wawa said Friday that its coffee and fountain drinks were no longer available as self-service.
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FEDERAL COURTHOUSE
The federal courthouse in Harrisburg has been closed indefinitely because a federal law enforcement agent tested positive for COVID-19 and others are showing symptoms.
The chief judge's order, posted Thursday, said the U.S. district court remains open, but proceedings scheduled for Harrisburg will be held instead in Williamsport or Scranton.
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The Associated Press receives support for health and science coverage from the Howard Hughes Medical Institute’s Department of Science Education. The AP is solely responsible for all content.
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Michael Rubinkam reported from northeastern Pennsylvania.
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