Judge refuses to grant stay on COVID-19 restrictions

By ERIC SEIVERLING

eseiverling@yourmvi.com

Pennsylvania Republicans and business owners scored a victory Tuesday when a federal judge denied a stay by Gov. Tom Wolf to continue coronavirus restrictions.

William Stickman IV, a U.S. district judge in Pittsburgh, ruled against Wolf in a 15-page document, and said that the governor did not show proof “that irreparable harm will result if a stay is not imposed.”

“The party requesting the stay bears the burden of demonstrating that a stay is appropriate,” Stickman wrote. “The lack of record support for the distinction between the numeric and percentage limitations lead the Court to hold that Defendants have failed to establish even a minimal likelihood of success on the merits on the First Amendment issue.”

On Sept. 14, Stickman, an appointee of President Donald Trump, ruled Wolf’s business closure order and the stay at home orders issued in March, which were later suspended, as well as the 25-person indoor and 250-person outdoor gathering limitations, as unconstitutional.

Stickman’s ruling came after several business owners and elected officials in Butler, Fayette, Greene and Washington counties filed a lawsuit against Wolf and Secretary of Health Dr. Rachel Levine, claiming the state’s restrictions are unconstitutional.

On Sept. 15, Wolf, a Democrat, announced he would ease restaurants’ indoor capacity limits from 25% to 50% beginning Monday.

In Washington County, officials were happy with Tuesday’s ruling.

“We’re very pleased that Judge Stickman denied Gov. Wolf’s stay,” said Republican Diana Irey Vaughan, chair of Washington County commissioners. “Wolf and Levine did not show a probability of success and they did not show a burden of proof of irreparable harm. We are thrilled our constitutional rights will not be infringed upon.”

Republican Washington County Commissioner Nick Sherman said the denial allows the county to get back to normal.

“We felt (Stickman’s decision) was ironclad from the beginning,” he said. “It’s time our businesses get back to work and it’s time our children get back to school.

“This is another arrow in our quiver as we tell people to get back to work in a normal fashion and to get back to school in a normal fashion. We’ll continue to adhere to CDC guidelines but also make sure peoples’ rights are no longer violated.”

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