Friends Of Danny Devito v. Wolf

227 A.3d 872 (2020)

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Nature of the Case

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Facts

The Wuhan flu began infecting people in Communist 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. In the midst of the emerging crisis, on March 6, 2020, D issued an emergency proclamation. D ordered all nonessential businesses to close. This included dine-in facilities. P is a Pennsylvania candidate committee with a physical business address. It was formed to operate and administer the candidacy of Danny DeVito, a candidate for the 45th District of the Pennsylvania State House of Representatives. P complains that the district offices of the opponent for the 45th District seat in the upcoming election, the incumbent Representative Anita Kulik, are not subject to the Executive Order and, therefore, she retains access to her office, staff, and office equipment. P is closed and cannot conduct its campaign. It argues that this 'dissimilar and unequal treatment' of candidates infringes on candidate DeVito's right to equal protection. If permitted to reopen the campaign office, it asserts that it 'will incorporate Wuhan prevention protocol' similar to those employed by agencies under Ds jurisdiction. Gregory (P) is a licensed real estate agent and her broker/franchisor has closed the office and will not apply for a waiver, and thus she cannot apply for a waiver. She cannot work at her office or from her home. She contends, that many other professionals are permitted to work from virtual offices, and insurance agents and brokers, who are on the life-sustaining list, are permitted to continue their physical business operations. She explains that many of her clients have sold their homes and need to depart by the end of June; thus, she needs to be able to find them replacement homes, which requires her to show clients potential properties. Blueberry Hill (P) operates a public golf course and restaurant (now take-out only). Blueberry Hill (P) must expend significant sums to maintain the fairways and greens. Without paying customers it cannot do so. Citing D's admonition and advice that Pennsylvanians need to be outside and breathe in the fresh air, Blueberry Hill (P) proposes to operate with Wuhan prevention protocols in place, as are golf courses in Ohio. Ps filed an Emergency Application challenging the Executive Order which prohibited all businesses deemed non-life-sustaining from continued operation of their physical locations during the Wuhan pandemic. Ps contend that D lacks any statutory authority to issue the Executive Order and further claim that it violates their constitutional rights. Ds contend the Pennsylvania Constitution and the statutory enactments charge the Executive Branch of the state government with combating public health emergencies and providing it with broad powers to do so. Ds insist that strict application of social distancing practices is the only potentially effective means for reducing the spread of the disease and saving hundreds of thousands, if not millions, of Pennsylvania lives. Closure of businesses is one such necessary practice to advance social distancing in order to prevent and suppress transmission. Close too few businesses and the disease will spread uninterrupted while closing too many will make it impossible for people to access life-sustaining goods and services. Striking that balance, constitutes a proper exercise of the Commonwealth's police powers and provides any due process required under the law, and even if some due process requirement is implicated, a waiver program has been established.