Confusion and objections still rampant over Gov. Tom Wolf's shutdown order

Confusion is the order of the day in businesses across the Pennsylvania seeking clarity on Gov. Tom Wolf’s sweeping order closing non-life-sustaining businesses.

Even as State Police prepared to begin enforcing the governor’s order Monday at 8 a.m., many insisted it was ill-constructed and could have unintended consequences.

Greensburg lawyer Scott Avolio quickly filed a petition Saturday, seeking an exemption to Wolf’s order closing the physical operations of non-life sustaining businesses.

Citing the work he does as counsel for the Municipal Authority of Westmoreland County, Avolio argued that his law office provided essential services to a public water company that serves 120,000 customers in five counties across Western Pennsylvania.

He is among many business owners and local lawyers who have questioned the governor’s authority to issue a cease-and-desist order in an attempt to limit the spread of the coronavirus.

Avolio, who filed his request online Saturday, received a reply at 12:49 a.m. Monday morning that his exemption was denied.

Hours later, the Associated Press reported that Wolf’s order had been adjusted to permit lawyers to work from their physical locations to perform duties deemed essential by county or federal judges.

Avolio said he hadn’t seen any notifications, either from that Pennsylvania Bar Association, the Supreme Court or any other body to that effect Monday morning. So, he’s relying upon a letter from the Municipal Authority that says he provides essential services to the agency that provides life-sustaining services to thousands.

“And I do have some clients who have sought exemptions, but I haven’t heard whether they were granted,” Avolio said.

They were among thousands of businesses that filed petitions with the Pennsylvania Department of Community and Economic Development, seeking exemptions even as State Police were set to begin enforcing the governor’s order today. Some have been granted, as state officials struggled to determine just what is or is not essential.

Meanwhile, the Pennsylvania Supreme Court has made it clear the majority of the justices are supporting Wolf’s authority to take sweeping actions in a public health emergency.

Late Sunday night, the state high court denied a petition by a gun shop, a gun purchaser and a law firm seeking to overturn Wolf’s order.

The lawsuit had claimed the governor’s edict violated the Second Amendment right to bear arms and other constitutional rights.

Without comment, a majority of the state’s high court denied the petition.

The court decision was just the latest chapter in an ongoing rebellion among stakeholders in the business community who have argued that Wolf acted hastily and without regard for the consequences of a sweeping order that would have ripple effects across the state.

For his part, Avolio said he will try to comply with whatever order affects his office “because as a community leader it’s the right thing to do.”

“Nothing like this has happened before and I think the governor’s office has taken the position that if they err on the side of public health, we’re not going to think about the collateral damage. But I think there is as much risk in removing economic stability as there is in a virus ” Avolio said.