GOP Blasts New PA Coronavirus Order, Seeks To Limit Gov.'s Power

HARRISBURG, PA — Republican lawmakers and industry leaders are pushing back against new coronavirus mitigation measures imposed by Gov. Tom Wolf, saying the restrictions will hurt small businesses and unfairly restrain the freedoms of residents in rural areas.

The developments come as the legislature on the same day passed a proposed constitutional amendment limiting the governor's powers in emergency situations.

Shortly after Wolf announced the new restrictions during a Wednesday news conference, Republican Sen. David Argall blasted the governor on social media, saying he "continues to act like King Tom the First" and "doesn't understand rural Pennsylvania."

The new executive order, which limits indoor dining capacity and alcohol sales, "could be the final stake in the heart for many small business employers and thousands of employees in the small towns which I represent," Argall said.

The executive order restricts indoor dining to 25 percent of restaurant capacity. All service must be at a table or booth and bar service is prohibited. The rules for outdoor dining remain the same.

Additionally, alcohol sales at restaurants and bars will be limited to consumption with a meal. The order puts limits on gatherings: indoor gatherings are limited to 25 people and outdoor gatherings to 250.

RELATED: New Restrictions On Restaurants, Gatherings As PA Cases Rise

Speaking during the news conference, Wolf said the rising cases coupled with the escalation of the pandemic in nearby states means "we have got to act now" to curb further spread of the virus that has so far infected 97,000 and killed 6,957 in Pennsylvania.

But Republicans leaders say Wolf is acting unilaterally and his actions will be harmful to the state's residents and businesses.

"The irreversible impact of his countless, confusing orders cannot be overstated. Gov. Wolf’s decision today will close the doors of some small businesses forever and devastate the livelihoods of so many Pennsylvanians who were just beginning to feel hopeful for the future," House Majority Leader Kerry Benninghoff said. "Gov. Wolf’s decision today will close the doors of some small businesses forever and devastate the livelihoods of so many Pennsylvanians who were just beginning to feel hopeful for the future."

Wolf, however, maintains targeted mitigation is the only way to prevent the state from experiencing a dangerous surge in cases of the virus, which in some states is rising to the highest levels since the onset of the pandemic.

"During the past week, we have seen an unsettling climb in new COVID-19 cases throughout Pennsylvania," Wolf said.

Many Southern states continue to experience a spike in new infections. Arizona, Texas and Florida together reported about 25,000 new coronavirus cases on Wednesday.

Wolf said health experts fear Pennsylvania is on track to be right back where it was during the peak of the pandemic. "What we're seeing right now could be worse than what we saw before," he said.

Through contact tracing, state health officials believe the local rise in cases is attributed to some not following social distancing and mask requirements at bars and restaurants, as well as out-of-state travel to hot spots.

Industry leaders decried the move to limit indoor dining, saying reducing capacity to 25 percent is essentially closing restaurants once again.

"Reduction to 25 percent capacity is essentially the same as eliminating indoor dining entirely, and there is no scenario that restaurants can survive at that level of occupancy. The solution should be enforcement and shutting down those bad actors, not punishing those who have been doing it right all along," the Pennsylvania Restaurant & Lodging Association said in a statement.

The association pointed to a "few bad operators" ruining it for the rest of the industry.

Wolf's new order "punishes an entire industry rather than targets those operations that have blatantly eschewed following the rules and doing the right things in the interest of public health," the association said.

Lawmakers, looking ahead to reduce the power of the governor in emergency situations, have approved a proposed constitutional amendment that would limit the length of future emergency disaster declarations unless an extension is approved by the General Assembly. The Senate vote Wednesday followed Tuesday’s approval by the House of Representatives.

Under current law, a governor’s emergency declaration can last up to 90 days and be renewed by the governor indefinitely. Under Senate Bill 1166, the emergency declaration would be limited to 21 days unless the General Assembly approves an extension.

The legislation must be approved again in the next legislative session before it goes on the ballot for a voter referendum.

"For four months, Governor Wolf has used the COVID-19 disaster declaration to suspend state statutes, spend taxpayer dollars without legislative approval, and keep millions of Pennsylvanians from earning a living through his business shutdown orders. His refusal to work with the General Assembly makes clear the critical need for this constitutional amendment," Republican Sen. Bob Mensch said in a statement.

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