Business owners struggle with mandate
Gov. Tom Wolf's unprecedented move last week to order all “nonlife-sustaining” businesses in the commonwealth closed has some business owners questioning whether he has the authority to do so.
Wolf, who declared a disaster emergency March 6 due to the spread of the coronavirus across the commonwealth, is endowed with extreme powers in the case of an emergency. These powers include suspending any statute that may interfere with coping with the emergency, control the occupancy of premises within a disaster area and even commandeer private property to cope with the emergency.
<div style="width: 60%; background-color: beige; padding: 1.5em; margin-left: auto;margin-right: auto; font-size: 13.5px"><p> This article and other important coronavirus updates are being shared free and in full to the public. <a href="https://home.butlereagle.com/clickshare/addAccount.do">Support us by purchasing an online subscription</a> to help us as we do our part in keeping the community safe and informed.</p></div>
Secretary of Health Dr. Rachel Levine issued an order similar to Wolf's, citing the state's Disease Prevention and Control Law of 1955. That law gives her authority to order quarantine and isolation alongside other broad powers.However, some business owners believe the governor's emergency powers do not apply to the current global pandemic because specific terms are absent from the law granting Wolf the power to declare emergencies, known as the Emergency Management Services Code.In a blog post shared Friday, The Training Centre in Adams Township claimed that because neither a disease or a virus is explicitly mentioned in the statute, Wolf's orders are moot. The blog post was copied and pasted from that of Joshua Prince, a Harrisburg-area attorney who filed a lawsuit late last week challenging Wolf's orders. Prince's lawsuit was promptly dismissed without comment by the Pennsylvania Supreme Court.“WE WILL REMAIN OPEN AS LONG AS HUMANLY POSSIBLE,” the gym wrote in its earlier blog post, adding at the end that “THE LAW IS ON OUR SIDE!”
The gym remained open through Monday evening, but was closed by Tuesday.Sharon Puluso, The Training Centre's owner, declined to comment Monday.One local resident was concerned about the fitness center's remaining open during the pandemic because of the nature of a gym.“They just shouldn't be open,” she said. “They're a fitness facility and people are sweating and spreading germs, and it's just not healthy for the community.”The resident, who spoke on the condition of anonymity because of “vicious” comments already directed toward her, told The Eagle that she contacted Pennsylvania State Police, who told her to contact local police. A phone call to Adams Township police was not returned Tuesday.“It's not fair to all of the other small businesses that have taken it upon themselves to close in the interest of the community,” she said.With enforcement of Wolf's order beginning 8 a.m. Monday, many small businesses heeded the possibility of citations and other enforcement measures and closed shop. Those which remained open cited the exemptions for them in the order and the need to pay their bills.“I still have bills due, and (I wanted) to help the community out, to help the customers out,” said Ron Mager, owner of Major Rental Center Plus Hardware in Penn Township.Because Mager's business is considered “life-sustaining,” he is permitted to keep the store's physical location open. But, he said, the number of customers is sparse. Many customers are recently-laid off workers looking to work on home improvement projects.Mager said most customers are happy his store is open, even if many of them are irritated by the recent proclamation. He added that, while he may not fully agree with the orders, he understands the necessity of them.“I have mixed emotions about that, but you need to be safe,” he said.
