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Friends of Danny DeVito v. Wolf, 658 Pa. 165, 227 A.3d 872

Facts

The case arose when four Pennsylvania businesses and one individual filed an emergency application against Governor Wolf's Executive Order, which mandated the closure of all non-life-sustaining businesses due to the COVID-19 pandemic. The Petitioners argued that the Governor lacked the statutory authority to issue the order and that it infringed upon their constitutional rights. They claimed that the order caused significant financial harm and sought to have it vacated. The Respondents contended that the order was necessary for public health and safety and complied with constitutional requirements.

Petitioners are four Pennsylvania businesses and one individual seeking extraordinary relief from Governor Wolf's March 19, 2020 order (the “Executive Order”) compelling the closure of the physical operations of all non-life-sustaining business to reduce the spread of the novel coronavirus disease (“COVID-19”).

Issue

Did Governor Wolf have the statutory authority to issue the Executive Order closing non-life-sustaining businesses, and did the order violate the Petitioners' constitutional rights?

Did Governor Wolf have the statutory authority to issue the Executive Order closing non-life-sustaining businesses, and did the order violate the Petitioners' constitutional rights?

Rule

The court applied the Emergency Management Services Code, which grants the Governor broad powers to manage disasters, including the authority to issue executive orders that have the force of law during a declared state of emergency.

The court applied the Emergency Management Services Code, which grants the Governor broad powers to manage disasters, including the authority to issue executive orders that have the force of law during a declared state of emergency.

Analysis

The court found that the COVID-19 pandemic constituted a natural disaster under the Emergency Code, thus justifying the Governor's actions. It ruled that the Executive Order was a proper exercise of police power aimed at protecting public health and safety. The court also determined that the order did not violate the separation of powers doctrine, nor did it constitute a taking of private property without just compensation or deprive business owners of procedural due process.

The court found that the COVID-19 pandemic constituted a natural disaster under the Emergency Code, thus justifying the Governor's actions. It ruled that the Executive Order was a proper exercise of police power aimed at protecting public health and safety. The court also determined that the order did not violate the separation of powers doctrine, nor did it constitute a taking of private property without just compensation or deprive business owners of procedural due process.

Conclusion

The Supreme Court upheld the Governor's Executive Order, concluding that the Petitioners were not entitled to relief and that the order was a lawful exercise of the Governor's emergency powers.

The Supreme Court upheld the Governor's Executive Order, concluding that the Petitioners were not entitled to relief and that the order was a lawful exercise of the Governor's emergency powers.

Who won?

The Respondents, Governor Tom Wolf and Secretary Rachel Levine, prevailed because the court found that the Executive Order was within the Governor's statutory authority and did not violate constitutional rights.

The Respondents, Governor Tom Wolf and Secretary Rachel Levine, prevailed because the court found that the Executive Order was within the Governor's statutory authority and did not violate constitutional rights.

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