Appeals court restores limits on crowd size

By ERIC SEIVERLING

eseiverling@yourmvi.com

The 3rd U.S. Circuit Court of Appeals in Philadelphia granted a request from Gov. Tom Wolf on Thursday to reinstate restrictions on crowd sizes put in place to stop the spread of coronavirus.

The two-page ruling was filed by judges D. Brooks Smith, Michael Chagares and Patty Shwartz. It suspends the ruling by a federal judge in September that Wolf’s orders that restricted crowd sizes and closed non-essential businesses were unconstitutional because they violate First Amendment rights.

Thursday’s ruling limits indoor gatherings to 25 people and outdoor events to 250.

On Sept. 14, William Stickman IV, a U.S. district judge in Pittsburgh and an appointee of President Donald Trump, overturned 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.

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.

“We’re disappointed in the appeals court’s decision against the victory in our lawsuit,” said Diana Irey Vaughan, chair of Washington County Commissioners.

Vaughan said the ruling only impacts crowd size restrictions and not other parts of the lawsuit, including shelter in place orders restricting travel and non-essential business closures.

“The limits to gatherings is only part of the lawsuit,” she said. “We remain supportive of the businesses and citizens who are part of the lawsuit.”

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