Friends of Danny Devito v. Wolf
Decision Date | 13 April 2020 |
Docket Number | No. 68 MM 2020,68 MM 2020 |
Citation | 227 A.3d 872 |
Parties | FRIENDS OF DANNY DEVITO, Kathy Gregory, B & J Laundry, LLC, Blueberry Hill Public Golf Course & Lounge, and Caledonia Land Company, Petitioners v. Tom WOLF, Governor, and Rachel Levine, Secretary of PA Department of Health, Respondents |
Court | Pennsylvania Supreme Court |
Petitioners are four Pennsylvania businesses and one individual seeking extraordinary relief from Governor Wolf's March 19, 2020 order (the "Executive Order") compelling the closure of the physical operations of all non-life-sustaining business to reduce the spread of the novel coronavirus disease ("COVID-19"). The businesses of the Petitioners were classified as non-life-sustaining.1 In an Emergency Application for Extraordinary Relief (the "Emergency Application") filed on March 24, 2020, Petitioners raise a series of statutory and constitutional challenges to the Executive Order, contending that the Governor lacked any statutory authority to issue it and that, even if he did have such statutory authority, it violates various of their constitutional rights. Petitioners assert that the exercise of this Court's King's Bench jurisdiction is not only warranted but essential given the unprecedented scope and consequence of the Executive Order on businesses in the Commonwealth. Petitioners' Brief at 12-13. They request further that this Court issue an order vacating or striking down the Executive Order. Respondents, Governor Tom Wolf ("Governor") and Rachel Levine, the Secretary of the Pennsylvania Department of Health ("Secretary") (collectively, "Respondents") respond that the Petitioners rely on an unduly narrow interpretation of the Commonwealth's inherent police powers and a flawed reading of the specific statutory provisions that the General Assembly enacted to supplement that power. Respondents' Brief at 2. Respondents further argue that the Executive Order comports with all constitutional requirements. Respondents agree with Petitioners that the circumstances warrant the exercise of this Court's King's Bench jurisdiction and urge this Court to exercise that jurisdiction to decide the issues presented. Respondents' Brief at 7.
For the reasons discussed in this opinion, we hereby exercise our King's Bench jurisdiction. After consideration of the arguments of the parties, we conclude that Petitioners are not entitled to relief.
A novel coronavirus began infecting humans in China in December 2019. As of March 11, 2020, the World Health Organization ("WHO") announced that the coronavirus, which had spread into at least 144 countries including the United States, had infected at least 118,000 people, and had killed more than 4,000 people, was officially a pandemic. WHO Director-General, "WHO Director-General's opening remarks at the media briefing on COVID-19," World Health Organization, https://www.who.int/dg/speeches/detail/who-director-general-s-opening-remarks-at-the-media-briefing-on-covid-19---11-march-2020. In the midst of the emerging crisis, on March 6, 2020, Governor Wolf issued the following proclamation:
Governor Wolf, "Proclamation of Disaster Emergency," (Mar. 6, 2020), Commonwealth of Pennsylvania Office of the Governor, https://www.governor.pa.gov/wp-content/uploads/2020/03/20200306-COVID19-Digital-Proclamation.pdf ("Governor's Proclamation").
Thereafter, on March 19, 2020, Governor Wolf issued the following Executive Order, closing all businesses deemed to be non-life-sustaining:
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