pennlive By David Wenner | dwenner@pennlive.com
A federal judge in western Pennsylvania has ruled that the coronavirus-related shutdown imposed by Gov. Tom Wolf is unconstitutional for reasons including violating the First Amendment Right to assemble.
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 suit was brought by four western Pennsylvania counties and several Republican state lawmakers.
It was filed during the “red phase” when many businesses were closed as the result of Wolf’s order.
A spokeswoman for Wolf said he was reviewing the decision and had no immediate response.
“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.”