Federal judge rules gathering limits, closures unconstitutional
In a 66-page opinion released Monday morning, a U.S. District Court judge based in Pittsburgh declared the actions of Gov. Tom Wolf and Dr. Rachel Levine unconstitutional, although 鈥渦ndertaken with good intention of addressing a public health emergency.鈥�
Judge William S. Stickman IV wrote the Wolf administration蘑菇视频 鈥渟tay-at-home orders far exceeded any reasonable claim鈥� that limits on the size of gatherings violate the right of assembly; and that business shutdowns violated the due process clause of the Constitution by exercising unprecedented power over every business, business owner and employee in the Commonwealth鈥� during the novel coronavirus pandemic.聽
鈥淭he Constitution cannot accept the concept of a 鈥榥ew normal鈥� where the basic liberties of the people can be subordinated to open-ended emergency mitigation measures,鈥� Stickman wrote.
Current gathering limits in the state, imposed in July, are 25 for indoor events and 250 for outdoor events. Stickman noted in his opinion that he was not asked to address capacity limits at restaurants, and did not do so.
鈥淚n an emergency, even a vigilant public many let down its guard over its constitutional liberties only to find that liberties, once relinquished, are hard to recoup and that restrictions 鈥� while expedient in the face of an emergency situation 鈥� may persist long after immediate danger has passed,鈥� Stickman wrote.
While ruling in favor of businesses and Republican office-seekers, Stickman dismissed the plaintiffs Washington, Greene, Fayette and Butler counties that spearheaded the legal action.
Local businesses and residents remain plaintiffs in the suit.聽