Pennsylvania Gov. Tom Wolf's closing of non-life-sustaining businesses (i.e. non-essential) and restrictions on gatherings during the COVID-19 pandemic have been ruled as unconstitutional by a federal judge.
The ruling by U.S. District Judge William Stickman IV was made in a case in which Butler, Greene, Fayette and Washington counties in Pennsylvania, are listed as plaintiffs. The counties had filed suit, claiming the shutdown orders were unconstitutional.
Stickman ruled in favor of individual and business plaintiffs, and he dismissed the county governments from the case. Individuals who won the favorable ruling include U.S. Rep. Mike Kelly, R-Pa.; state Rep. Daryl Metcalfe, R-Butler; and various businesses including hair salons and the Starlight Drive-In.
The declaratory judgment says:
(1) That the congregate gathering limits imposed by defendants' mitigation orders violate the right of assembly enshrined in the First Amendment;
(2)That the stay-at-home and business closure components of defendants' orders violate the due process clause of the Fourteenth Amendment, and;
(3) that the business closure components of Defendants' orders violate the Equal Protection Clause of the Fourteenth Amendment.
In his written opinion, Stickman noted that the Wolf administration's actions "were undertaken with the good intention of addressing a public health emergency," but that "even in an emergency, the authority of government is not unfettered."
"The liberties protected by the Constitution are not fair-weather freedoms -- in place when times are good but able to be cast aside in times of trouble," Stickman wrote. "There is no question that this country has faced, and will face, emergencies of every sort. But the solution to a national crisis can never be permitted to supersede the commitment to individual liberty that stands as the foundation of the American experiment.
The constitution cannot accept the concept of a 'new normal' where the basic liberties of the people can be subordinated to open-ended emergency mitigation measures.
Folks in other cities and states (especially New York City) would do well to read this ruling, then confront similar draconian and tyrannical measures in THEIR states. This COVID-19 nonsense will not stop until it IS stopped.
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