Gov. Wolf's Coronavirus Restrictions Unconstitutional: Judge

PITTSBURGH, PA — A federal judge on Monday ruled unconstitutional Pennsylvania Gov. Tom Wolf's various coronavirus restrictions, which included requiring people to stay at home, ordered nonessential businesses to close and restricted crowd limits.

Judge William Stickman IV of the U.S. District Court in Pittsburgh ruled against Wolf and state Health Secretary Dr. Rachel Levine in a lawsuit filed by multiple parties that included included hair salons, drive-ins and several Republican elected officials.

Stickman was appointed by President Donald Trump.

The judge wrote in his ruling that the Wolf administration's policies were arbitrary and violated the constitutional rights of state residents.

The ruling came two weeks after a federal judge in Philadelphia threw out a similar challenge to the business closure order. The judge said no business owner's constitutional rights were violated, because the imposed restrictions were temporary.

Wolf has lifted many of the restrictions since the lawsuit was filed in May, allowing businesses to reopen and gradually lessening a statewide stay-at-home order.

But interior crowds remain limited to 25, and gatherings outside cannot exceed 250. Indoor dining at restaurants is limited to 25 percent occupancy, and alcohol is prohibited unless the drink comes with a meal. Capacity is to be increased to 50 percent Sept. 21.

State House Speaker Bryan Cutler, a Lancaster County Republican, and House Majority Leader Kerry Benninghoff of Centre County said in a statement they supported the judge’s opinion that a response to a pandemic "cannot be permitted to undermine our system of constitutional
liberties or the system of checks and balances protecting those liberties.”

The pair said in their statement, “For the millions of unemployed Pennsylvanians, the thousands of small business owners that have seen their livelihoods permanently ended, and all those
looking for some relief from these unilaterally imposed, inconsistent and contradictory shutdown orders, this opinion offers some form of hope that a return to normalcy might be on the horizon.

"Judge Stickman’s opinion confirms what Pennsylvania Republicans have been saying all along: The Wolf administration’s use of emergency authority is unconstitutionally overbroad. Given the nature of this opinion, we hope that Gov. Wolf will finally work with the General Assembly to
develop a plan that keeps people safe, does not unconstitutionally penalize Pennsylvanians, and takes into account our geographical differences.”

The Wolf administration did not have any immediate comment on the lawsuit.

This is a developing story and will be updated.