Pennsylvania Placed “On Pause” Under New Restrictions

Governor Tom Wolf and Secretary of Health Rachel Levine announced the orders on December 10, calling the restrictions “Pennsylvania on Pause.” Among other provisions, the new orders prohibit all in-person dining and alcohol sales, as well as limiting other in-person business operations. These restrictions will remain in place until at least January 4, 2021.

Under Governor Wolf’s Order:

“All in-person indoor dining at businesses in the retail food services industry, including, but not limited to, bars, restaurants, breweries, wineries, distilleries, social clubs, and private catered events is prohibited.”

The Secretary of Health issued an accompanying Order, citing recent studies indicating indoor dining as a significant factor in the spread of the virus. Philadelphia enacted similar restrictions on November 16, 2020.

Other provisions of the December 10, “Limited Time Mitigation Orders” include, but are not limited to:

• Outdoor dining and take-out alcohol sales may continue subject to existing restrictions
• Indoor gatherings and events of more than 10 people are prohibited.
• Outdoor gatherings and events of more than 50 people are prohibited.
• In-person business operations are limited to, at most, 50% of maximum occupancy capacity, subject to other existing limitations.
• Indoor operations at gyms and fitness facilities are prohibited.
• Indoor entertainment, including but not limited to, movie theaters, casinos and concert venues are prohibited from operating.
• Scholastic athletics, sports and extracurriculars are suspended.
• Professional and collegiate sports may continue, subject to CDC guidance.
• Religious services are excluded from the new restrictions.

A new FAQ is available to help explain the new orders. There is no waiver process available and the new orders apply to all businesses other than health care providers. Telework remains mandatory unless impossible. The FAQ also addresses enforcement of the new Orders:

• These Orders are enforceable through actions brought under the Disease Prevention and Control Law of 1955 and the Administrative Code of 1929.
• Pennsylvania State Police, Pennsylvania Liquor Control Board, Pennsylvania Department of Agriculture, Pennsylvania Department of Health, Pennsylvania Department of State and local law enforcement are all enforcing violations of all orders.
• Sanctions and penalties for violation of the Orders will be progressive discipline that begins with a warning to any suspected violator. Enforcement will focus on businesses where people congregate.

It is not immediately clear how the new orders will impact the recent limits on civil liability for businesses, announced on November 23, 2020. Governor Wolf signed that Order to limit liability for businesses regarding certain claims that could arise while enforcing masking requirements.

Conclusion

Pennsylvania business owners and employers may need to revisit their reopening policies and procedures. Existing plans may require modification to ensure continued compliance. It is important to note the new restrictions could be expanded or extended depending on the spread of the virus.

The Coronavirus Task Force at Klehr Harrison stands ready to assist you in your business and legal needs. We will continue to provide additional information and guidance as the COVID-19 situation develops.