Businesses Advised to Continue Following Governor’s Order

On, Tuesday, June 9th the state legislature passed a resolution intended to terminate Governor Wolf’s emergency declaration related to the pandemic. This would allow all businesses to reopen fully and terminate much of the Department of Health’s guidelines related to business operations. The resolution received bipartisan support in the House (121-81) and Senate (31-19). Senator John Gordner and Representatives Kurt Masser and David Millard voted in favor of the resolution.

Republican majority leadership have indicated their belief that they are not required to submit the resolution to the governor to be signed or vetoed, and that he must rescind the emergency declaration, per the resolution. The Wolf Administration has indicated its belief that the legislature is required to submit the resolution (which, presumably, the governor would veto); if they don’t, the declaration will continue unabated.

Both sides are claiming Constitutional authority for their respective positions. Senate Republican leadership has filed an action with Pennsylvania Commonwealth Court and the State Supreme Court could also take up the action. As there is no immediate clarity, Senator Gordner advises as of this morning that the Governor’s order is still in effect and businesses should continue to follow the order and guidelines that are in place.

We will continue to monitor developments and will keep you all updated.