Pennsylvania Issues 3-Week COVID Mitigation Orders Impacting Many Businesses

Governor Wolf and Health Secretary Levine issued temporary mitigation measures to curb the rise in COVID-19 cases and deaths across Pennsylvania.  The measures took effect as of Saturday, December 12 and will remain in effect for three weeks until 8:00 am on January 4, 2021. 

The following list summarizes critical portions of the mitigation order:

• Capacity Limits for Businesses.  Unless limited by more stringent existing mitigation orders, all in-person businesses serving the public may only operate at up to 50% of the maximum capacity stated on the applicable certificate of occupancy.
• No Distinction between Life-Sustaining and Non-Life-Sustaining Businesses.  Critically, this order does not use the life-sustaining/non-life-sustaining distinction featured in Governor Wolf’s initial COVID-19 orders.  A federal district court struck down these distinctions, criticizing the “shockingly arbitrary” classification of which businesses Pennsylvania classified as “life-sustaining.”  (as discussed in more length here).  And, while the Third Circuit stayed that ruling, Governor Wolf likely wanted to avoid fights on the issue.   
• Gatherings and Events Limitations.  Indoor gatherings and events of more than 10 persons -- except for places of congregate worship -- are prohibited.  Outdoor gatherings and events of more than 50 persons are prohibited. 
  • Note: the administration specifically exempted “groups of people who share a space within a building in the ordinary course of operations, such as in an office building, classroom, licensed child care and non-licensed school-age programs, production floor or similar regularly occurring operation of a business or organization” from the indoor gathering limitation.
• In-Person Dining.  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.
• Entertainment Industry.  All in-person businesses in the entertainment industry serving the public within a building or indoor defined area, including, but not limited to, theaters, concert venues, museums, movie theaters, arcades, casinos, bowling alleys, private clubs, and all other similar entertainment, recreational or social facilities, are prohibited from operation.
• Gyms and Fitness Facilities.  Indoor operations at gyms and fitness facilities are prohibited, while outdoor facilities and outdoor classes can continue if all participants wear face coverings and practice physical distancing requirements.

The press release accompanying the order notes that the administration emphasizes the targeted nature of these measures in that the administration intends for these measures to only last three weeks and the order focuses on high-risk environments and activities aimed at reducing the spread of COVID.

The Wolf Administration also issued revised FAQs to assist businesses in navigating this and preexisting COVID mitigation orders.  The FAQs remind employers who do not have a public facing element to follow the telework mandate previously issued by the Wolf administration (and discussed here).

Seyfarth continues to monitor the Wolf Administration’s response to COVID-19 and will provide further updates as available.