When Pennsylvania Gov. Tom Wolf extended the state's lock-down until May 8, he also said the case numbers for COVID-19 have stabilized and "we have prevented the patient surges that we've all been concerned about and that we've seen in other places."
Wolf said Monday that "We are taking small steps toward regaining a degree of normalcy in Pennsylvania."
Among those small steps are allowing curbside pickup a state stores and auto sales will be allowed to take place online. Limited construction may resume after the first week of May.
The date, May 8, represents 49 days of the shutdown he ordered on March 19, which keeps 12.8 million people at home except for shopping for essential goods and services and for those people in businesses the governor deemed necessary when he ordered the lock-down.
It's that "essential" designation that has frustrated people, including state legislators.
State Rep Stephen Barrar, R-160, parts of Delaware and Chester counties, is among them. He said it's all about the governor's interpretation of Title 35 of the state's Emergency Management Code.
"A lot of us have complained about his interpretation of that but, most of what we've complained about is how he came up with what is essential and what isn't an essential business."
Under the governor's order, medical marijuana dispensaries are allowed to stay open, but physical therapists couldn't until they were included in a recently passed emergency telemedical bill. Dentists' offices, too, can't open except for emergency procedures.
Barrar went on to say that there are 20 car dealerships in the state that have been allowed to stay open while several thousand remain closed.
The legislature could repeal the governor's disaster declaration, but there's the problem. “[The governor] could, 15 minutes after we vote to repeal the declaration, sign another one. The other thing we could be seriously jeopardizing is any federal aid if we were to do that. Our hands are pretty well tied," Barrar said.
Court rulings have made some changes, though. Barrar mentioned that gun shops took the order to court and were given the OK to sell weapons and supplies, but their gun ranges can't be open. Some home builders — such as Toll Bros. — were given waivers but others not, he added.
"So, we've seen a mixed bag of court rulings. We've seen a mixed bag of interpretation coming from the governor's office. But we've seen no science behind what he's doing," Barrar said.
"There are so many contradictions in the law," he said, adding that research should have been done to what businesses could remain open safely, looking at such things as whether the employees have personal protection equipment and the businesses adhere to CDC and OSHA recommendations.
He said HB 613, which passed in the House and the Senate on party lines, did just that, but Wolf vetoed the bill last week.
He said what he and others are fighting for is the survival of small businesses. Barrar cited the difficulties and frustrations of the owners of those businesses and specifically mentioned Mike Majewski, owner of Brandywine Prime in Chadds Ford, who bought several thousand dollars' worth of wine for the restaurant the day before the governor ordered all restaurants to close.
The representative understands the business side of things from his own past. Barrar owned and operated a garden supply center before going into politics. He said he would have to buy all his merchandise in January and February of the year and pay for it all upfront. Had he faced a shutdown such as the one ordered by Wolf, he couldn't have survived financially.
"I would have had to file for bankruptcy. I'd have all that material sitting on my lot and not be allowed to sell it," he explained. "We want to see the state opened and get people back to work safely."
About Rich Schwartzman
Rich Schwartzman has been reporting on events in the greater Chadds Ford area since September 2001 when he became the founding editor of The Chadds Ford Post. In April 2009 he became managing editor of ChaddsFordLive. He is also an award-winning photographer.
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