COVID-19: PA Orders All non-“Life Sustaining Businesses” to Cease Physical Operations

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Late yesterday afternoon, Pennsylvania Governor Tom Wolf ordered all non-“Life Sustaining” businesses within the Commonwealth to cease physical operations. Through Twitter, the Gov. Wolf directed all such businesses to close by 8 p.m. yesterday. After 8 p.m., he then tweeted “By now, ALL non-life-sustaining business across Pennsylvania should be closed.”

The Order itself, and Gov. Wolf’s Twitter feed, state that enforcement will not begin until midnight Friday for most affected businesses (i.e., 12:01 a.m. on Saturday, March 21). However, restaurants and bars were required to close by 8 p.m. last night or face enforcement actions (except for carry-out, delivery, and drive-through operations, which may remain open).

Life-sustaining businesses may remain open. Any business that remains open, in any capacity (including “virtual or telework”), must follow “social distancing practices and other mitigation measures.” 

The Order supersedes all previous orders, including Gov. Wolf’s guidance from just a few days ago which asked non-“essential” businesses to close.  The Order further threatens that “[e]nforcement actions” will be taken against non-compliant businesses.

Gov. Wolf’s Order attached a chart breaking down which businesses may remain physically open, and which must close.  What is considered “life sustaining” is not necessarily intuitive.  For instance, “Semiconductor and Other Electrical Component Manufacturing” and “Beer, Wine, and Distilled Alcoholic Beverage Merchant Wholesalers” make the cut, and can maintain operations.  Conversely, “Health & Personal Care Stores” and “Specialty Food Stores” must close their doors.  “Oil and Gas Extraction” may continue, but “Coal Mining” must shut down. 

The Order initially set off panic within the hospitality industry, which feared having to evict guests who may have no place to go.  However, the industry has since received unofficial “assurances” that a subsequent order will permit hotels to operate in some capacity.  But much in the Order still awaits clarification.  For instance, Gov. Wolf’s order requires certain construction and manufacturing operations to cease physical operations – without any consideration about whether each site can safely shutdown operations in just one day, or the safety risks inherent in leaving half-finished construction projects unattended.

Employers with questions about whether their organization needs to close have been directed to email the Department of Community and Economic Development at ra-dcedcs@pa.gov. To seek an exception, the Department has asked businesses to write dcexemption@pa.gov.

Seyfarth is attempting to get greater clarity from the Governor’s Office and other authorities, and will provide updates as available.

Jacob Oslick, a Counsel in the New York Office, is admitted in Pennsylvania and practices extensively in the Commonwealth.