A judge has ruled in favor of Butler and other counties in their lawsuit against Governor Tom Wolf and Dr. Rachel Levine.
Judge William Stickman IV made a ruling Monday morning that the Governor’s orders violated three clauses of the U.S. Constitution; the right of assembly, right to due process, and equal protection clause.
Butler County was joined by Fayette, Greene, and Washington Counties in the suit.
Attorney Tom Breth was one of the lawyers representing the plaintiffs.
“This does not invaldidate his orders in totality,” Breth said. “We were very specific with respect to the stay-at-home order, congregate, and other business closure components of his orders, and that’s what the court dealt with.”
“The court found in our favor in all three of those areas,” Breth said.
Breth says all the restrictions against gatherings, restaurants, and gyms should be removed based on the judge’s ruling.
“We think this order is well-written, and it should be implemented immediately and those restrictions lifted,” Breth said.
Breth also said this ruling lifts restrictions on campaigning, which would allow larger gatherings for campaign rallies. He also gave credit to local elected leaders for pursuing this lawsuit.
“This was not an easy decision for the counties, especially Butler and Commissioners Leslie Osche and Kim Geyer,” Breth said. “This was not an easy decision to make. There was a lot of trepidation in pursuing this.”
The Governor has a right to appeal the ruling, which would then go to the U.S. Circuit of Appeals Third District.
The Pennsylvania Department of Health did not immediately respond with a comment, but said they would be issuing one later in the day.
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