PHILADELPHIA (KYW Newsradio) — The federal judge, who ruled some of the COVID-19 mitigation efforts implemented in Pennsylvania by the Wolf administration were unconstitutional, has now denied a request to halt proceedings.
Judge William Stickman of Pittsburgh writes: “The public interest would be ill-served if the court would grant a stay” — a ruling that would not immediately go into effect — “allowing the unconstitutional measures to remain in place.”
Last week, Stickman ruled Gov. Tom Wolf’s emergency coronavirus restrictions — like limits on crowd sizes — violated two amendments of the Constitution. The ruling also struck down Wolf’s business closures and stay-at-home orders, though Wolf noted they haven’t used them in months.
The governor has sought an appeal.
The ruling comes a day after Wolf vetoed legislation that would have given more say to school districts in how they handle youth sports amid the coronavirus pandemic this fall, as well as attendance at games.
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Because the stay was denied, it appears the ruling stands legally, so there’s nothing the Wolf administration can do to prevent gatherings of more than 250 people, including attendance at school sporting events. The governor had capped large outdoor gatherings at 250.
“Since the stay was turned down, it sounds like, at least for the moment, I guess that court ruling stands,” Wolf said.
The state is sending updated guidance to school districts regarding gathering sizes.
“And if you get together in bigger and bigger numbers, you’re leaving yourself open to bigger and bigger likelihood that you’re gonna catch the disease,” Wolf added.
“It’s not OK because if you’re going to have lots of people together and they’re not practicing social distancing, if they don’t have masks on, that’s how you spread this virus,” added Pennsylvania Health Secretary Rachel Levine.
The ruling does not affect the standing of Philadelphia’s restrictions on gatherings. They still stand as is.