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March 26, 2020

No businesses cited over Wolf’s order

By Mon Valley Independent

By JEFF STITT

jstitt@yourmvi.com

As of Thursday, state police had not issued any citations to “non-life sustaining” businesses that have failed to comply with Gov. Tom Wolf’s order to close their physical locations to help stop the spread of the coronavirus.

The governor directed the Pennsylvania Liquor Control Board, departments of health and agriculture, state police and municipal police to enforce the order beginning Monday. 

State police Commissioner Col. Robert Evanchick made it clear Thursday that “the priority of the Pennsylvania State Police is protecting lives and maintaining order in the commonwealth” and that “troopers and liquor control enforcement officers are prepared to ensure compliance with Gov. Wolf’s order.”

Troopers Brent Miller and Ryan Tarkowski reported that since Monday, state police have issued 57 warnings to businesses that were still operating. 

Troop B, which provides police services in the Mid and Upper Mon Valley and throughout Allegheny, Fayette, Greene and Washington counties, issued two warnings, which were given out Monday. 

State police did not provide information about which specific businesses were given warnings.

Evanchick said the Wolf administration provided all local law enforcement with guidelines mirroring state police polices, which indicate that non-life-sustaining businesses without a waiver from the Department of Community and Economic Development could receive summary charges for being in violation of the Disease Control and Prevention Law of 1955 and the Administrative Code of 1929. 

“Both violations are summary offenses punishable by fines and even jail time,” Evanchick said. “Violators may also be subject to additional administrative penalties under certain circumstances.”

Those who receive the summary violations would be required to appear before a magisterial judge and could face fines ranging from $10 to $50 for violating the Administrative Code and ranging from $25 to $300 for violating the Disease Control and Prevention law range from $25 to $300, according to the guidelines.

“More serious violators,” the guidelines state, “are also subject to charges under the Crimes Code for obstructing the administration of law or government function,” but encourage law enforcement to “strive to ensure enforcement of the orders will be consistent throughout the Commonwealth,” and to “begin with a warning to any suspected violator.”

The guidelines, which can be viewed in their entirety at www.media.pa.gov/Pages/PA-State-Police-Details, state that enforcement should be prioritized to focus on businesses where people congregate.

“We believe most Pennsylvanians want to act responsibly and do their part to help slow the spread of this deadly virus,” Evanchick said. “Troopers and liquor control officers will make every effort to achieve voluntary compliance by educating business owners and using discretion when appropriate. 

“But our message is clear: COVID-19 is a serious health and public safety risk that requires an extraordinary response from law enforcement and the public. I urge everyone to stay home, stay calm, and stay safe.”

A list indicating what is considered by the Wolf administration to be a life-sustaining businesses is available on the DCED website or by calling 1-877-PA-HEALTH. 

Businesses that want to apply for a waiver can visit expressforms.pa.gov/apps/pa/DCED/Waiver-process-keeping-physical-locations-open.

State police said anyone who wants to report a noncompliant business should not call 911. They should contact local law enforcement agencies’ non-emergency phone numbers.

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