Federal Court Strikes Down Portions of Pennsylvania's COVID-19 Orders

On Monday, September 14, 2020, William Stickman IV, U.S. District Judge for the Western District of Pennsylvania, ruled that several orders issued by Governor Tom Wolf and Secretary of Health Dr. Rachel Levine aimed at combating the spread of COVID-19 were “well-intentioned” but unconstitutional. The plaintiffs in the case asked the Court to declare that:

• The restrictions on gatherings, which prohibited indoor events with more than 25 people and outdoor events with more than 250 people, violated the First Amendment’s right to assembly;

• The stay-at-home and business closure components of the orders violated the Fourteenth Amendment’s Due Process Clause; and

• The business closure components of the orders violated the Fourteenth Amendment’s Equal Protection Clause.

Judge Stickman agreed with the plaintiffs with respect to all three arguments. It is notable, however, that the plaintiffs challenged the business closure provisions designating businesses as “life-sustaining” or “non-life-sustaining” (and closing the later) but not the provisions that permitted businesses to open subject to certain restrictions, such as percentage occupancy limits. The Wolf Administration has indicated that it will be appealing the decision and asking Judge Stickman to allow the orders to remain in place pending the appeal.

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