Pa. Citizens File COVID-19 Shutdown Class Action Lawsuit

Several Pennsylvania counties, officials, and businesses recently filed a constitutional challenge against the state’s COVID-19 shutdown order.

Pennsylvania’s Governor Thomas Wolf and the state’s Secretary of the Department of Health Dr. Rachel Levine implemented a coronavirus executive order on March 19.

As a result of the COVID-19 shutdown order, all but “life sustaining” businesses throughout the state were closed. The order reportedly included a list of “life sustaining” businesses that were allowed to remain open, while all others were forced to close their doors.

The shutdown order also gave Levine the authority “to determine and employ the most efficient and practical means for the prevention and suppression of disease . . . includ[ing] isolation, quarantine, and any other control measure needed.”

Although Wolf argued that the shutdown order was authorized under Pennsylvania law, a recent lawsuit claims that the orders actually violate the country’s First, Fifth and Fourteenth Amendment rights.

The constitutional challenge lawsuit was brought by several Pennsylvania counties, members of the Pennsylvania House of Representatives, and business owners affected by the state’s shutdown order.

According to the plaintiffs, the Pennsylvania shutdown order is unconstitutional, unfair and inconsistent with data and recommendations from the Centers for Disease Control and Prevention (CDC).

The plaintiffs claim the order is unlawful because it aims to control citizens and their ability to move freely and utilize their private property. Because the order didn’t give Pennsylvania citizens the opportunity to voice their concerns and doesn’t provide any form of “just compensation,” it is unlawful, the plaintiffs argue.

“There is no reasonable or substantial basis between defendants’ orders permitting one business to operate in a county while prohibiting a similar business from operating in an adjacent county (or even within the same county) when both businesses are capable of implementing the same safety precautions, policies and procedures,” the COVID-19 shutdown order lawsuit argues.

The constitutional challenge lawsuit notes that the plaintiffs have suffered serious economic damages as a result of the shutdown order. Allegedly, the “arbitrary and capricious” manner of the Pennsylvania executive order deprives business owners of the economic benefits of their businesses and causes significant financial impacts.

“These Plaintiffs have invested a tremendous amount of financial resources, time and effort into all aspects of their businesses, including, but not limited to, the purchase or lease of equipment, inventory and physical business facilities; advertising; training and hiring of employees; and, customer development, as well as other expenses such as rent or mortgage payments,” the COVID-19 shutdown order lawsuit notes.

The Pennsylvania plaintiffs also challenge the shutdown order’s forbidding of political protests which are protected under the constitution.

These restrictions reportedly make it illegal for Pennsylvanians to utilize their constitutional rights and participate in the shutdown order protests happening all across the nation.

“Defendants’ business shutdown order limiting the number of individuals at public gatherings violates the freedom of association clause inasmuch as expressive advocacy cannot take place because of the business shutdown order, and it affects persons who pose no danger whatsoever to others,” the plaintiffs claim in their shutdown order lawsuit.

In a statement made to Law360, plaintiff lawyers said that the Pennsylvania shutdown order had “trampled on people’s rights.”

“This is the home of the Whiskey Rebellion,” counsel told Law360. “We don’t take kindly to people trampling our constitutional rights.”

This lawsuit is not the first action taken against Pennsylvania’s shutdown order. A legislative candidate and real estate agent tried to get the executive order blocked based on the irreparable harm it allegedly caused the citizens.

The Pennsylvania Supreme Court ruled against these plaintiffs, finding that their constitutional concerns were overruled by the state of emergency giving special powers to the governor, as well as the temporary nature of the shutdown nature.

After the state supreme court rejected the plaintiffs’ arguments, the case was elevated to the U.S. Supreme Court. However, the day before the more recent shutdown order lawsuit was filed, the high court refused to issue a stay against the executive health measures.

The U.S. Supreme Court did not comment on the merits of the case, but a petition has been filed requesting that the federal justices examine the constitutional challenge.

Do you feel stay-at-home orders violate your rights? Let us know in the comment section below.

The plaintiffs are represented by Thomas W. King III, Ronald T. Elliott, Thomas E. Breth and Jordan P. Shuber of Dillon McCandless King Coulter & Graham LLP, along with Greene County Solicitor Robert Eugene Grimm.

The Pennsylvania COVID-19 Shutdown Order Lawsuit is County of Butler, et al. v. Thomas W. Wolf, et al., Case No. 2:20-cv-00677, in the U.S. District Court for the Western District of Pennsylvania.

Join a Free Coronavirus Class Action Lawsuit Investigation

If you believe your rights were violated in a way that is directly related to the coronavirus pandemic, you may qualify to join this coronavirus class action lawsuit investigation. 

Join Here

Read More Lawsuit & Settlement News:

Ikea Class Action Claims Dresser Recall Fell Short

Federal Panel Hears About Dozens of Lawsuits over Juuling Health Effects

Walmart Class Action Says Mainstay Candles Are Dangerous

E-Cigarette JUUL Side Effects: Heart & Lung Injury Lawsuit Investigation