Back in May, several state lawmakers and four western Pennsylvania counties filed a a lawsuit against Pennsylvania Governor Tom Wolf and Secretary of Health Dr. Rachel Levine.
Judge Stickman has now ruled that the shutdown orders violated the first amendment of the US Constitution.
U.S. District Court Judge William Stickman IV said the limits on gatherings of 25 people indoors and 250 out of doors, as well as the stay-at-home and business closure components of the orders issued by Wolf and Health Secretary Dr. Rachel Levine were both unconstitutional.
“The court closes this opinion as it began, by recognizing that defendants’ actions at issue here were undertaken with the good intention of addressing a public health emergency,” Stickman wrote. “But even in an emergency, the authority of government is not unfettered. The liberties protected by the Constitution are not fair-weather freedoms — in place when times are good but able to be cast aside in times of trouble.”
Governor Tom Wolf’s administration is appealing the decision, but the judge will not allow the mitigation measures like capacity and shut down restrictions to remain in place during the appeal.
