PA Lawmakers Vote To Reopen Businesses, Veto Expected

HARRISBURG, PA — A bill that would lift some coronavirus mitigation measures in an effort to restart the state's economy amid the pandemic passed the state Senate Wednesday, sparking intense blowback from opponents who decried the health risks.

The bill passed in the state Senate by a vote of 29-21 a day after the House passed it 108-94. It now goes to Gov. Tom Wolf's desk, where a veto is expected.

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The bill would allow certain businesses to reopen, provided they follow the health advisories laid out for businesses by the Centers for Disease Control and Prevention and the federal Cybersecurity and Infrastructure Security Agency.

The measure garnered substantial support from Republicans — all but two supported the bill in the House, while the Senate saw unanimous support from its GOP members.

The state has been under a stay-at-home order since April 1 in an effort to slow the spread of the virus, which has killed 647 Pennsylvanians as of Wednesday. All nonessential business were ordered closed by the governor March 16.

Specifically, the bill targets the reopening of construction businesses, auto dealers and real estate offices. Supporters argue that these businesses are open in other states and that Wolf's shutdown order of nonessential businesses is too restrictive.

The governor said the push to reopen prematurely is irresponsible.

"As the administration has stated many times, irresponsibly going against the direction of the Secretary of Health and reopening businesses too early will only extend the length of the economic hardships created by the pandemic," Lyndsay Kensinger, a spokesperson for Wolf, said in a statement to Patch.

But supporters of the bill said the process of the shutdowns was unclear and not transparent.

"The Gov’s waiver process for employers that wanted to stay open was an unmitigated disaster: no clarity, no consistency, no transparency and no accountability," the Senate majority leader, State Sen. Jake Corman, said in a statement. "The system is broken, and the Gov has offered no indication about how to fix it, or if he’s even capable of doing so."

Phoenixville-area State Rep. Melissa Shusterman (D-155), who voted no, issued a memo to Chester County's legislative delegation urging them to resist the bill.

"In order to keep the 'curve flat,' we must continues these drastic measures and only reopen when the time is right," the letter reads in part. "The only people qualified to decide when the time is right to lift the COVID-19 mitigation measures for Chester County is Chester County, working with the Pennsylvania Department of Health, the Governor's Office, our municipalities, businesses, and you."

State Rep. Danielle Friel Otten (D-155) also expressed public outrage over the bill.

"Losing everything is not losing your money," Otten said. "Losing everything is when you lose the ones you love. Times are certainly tough, but the fact is people in our community and across our state are dying from COVID-19."

House Speaker Mike Turzai said that while "we have to fight the COVID-19 crisis," the state must also prevent the collapse of its economy. Wolf "should work with the legislature to allow citizens to return to safe working environments within the parameters of CDC and Homeland Security guidance so they can put food on the table," Turzai said in a statement.

While Republicans push to reopen businesses that incorporate social distancing, such as golf courses and online auto dealers, Democrats say that shifting to the CDC standards only creates restrictions that are far too lenient.

"There are very few industries outside of retail that wouldn't be able to make an argument that they could open under this legislation," Secretary of Health Dr. Rachel Levine wrote in a letter that was sent Wednesday to the Senate.

A second bill, Senate Bill 327, which also passed both the House and the Senate, would give counties control over mitigation measures and when businesses can reopen.

"The bills approved by the Senate today would create a better process for determining which businesses can continue to remain open, provide clarity on mitigation strategies necessary to protect the health and safety of both customers and employees, and give county leaders a stronger voice in which mitigation measures should be implemented locally," Montgomery County State Sen. Bob Mensch (R-24), the bill's sponsor, said in a statement.

Democrats argue that now is not the time to lift measures, and that prematurely reopening the economy and encouraging more social movement will prolong the crisis and lead to overwhelming the health care system.

"We all want PA to reopen," Lt. Gov. John Fetterman wrote Wednesday on Twitter. "One side wants science and experts to lead that discussion on the 'when.' The other, wants to listen to their gut — even as they do it from remote, isolation, because, well, the Capitol is shut down because it's not safe yet."

Montgomery County Republicans Thomas Murt (R-152) and Todd Stephens (R-151) were among the few in the GOP to vote no.

Pennsylvania has seen a reduction in the number of cases and deaths, reporting Wednesday the fewest number of new cases since April 1.

The curve seems to be "bending" in many parts of the state, state health officials have acknowledged. And hospitals around the state still have available infrastructure. According to a hospital preparedness database recently launched by the state, there are currently 2,391 patients hospitalized with coronavirus in Pennsylvania. A total of 661 of them are on ventilators.

Health experts warn, however, that it wouldn't take much for the virus to surge again, especially long before numbers in cases had seen significant decline.

"There is no doubt that this legislation would lead to more Pennsylvanians infected with COVID-19," Levine added. "Encouraging increased social movement of Pennsylvanians at this time by reopening a significant amount of businesses would be reckless and irresponsible."

The state had seen 26,490 coronavirus cases and 647 deaths as of Wednesday.

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