As Pennsylvania institutes draconian measures to stifle the spread of COVID-19, questions have arisen about how these measures will be actually enforced. On March 19, 2020, Governor Wolf issued an order prohibiting operation “until further notice” of all “non-life-sustaining” businesses. While the phrase “life-sustaining” may be open to interpretation, the Governor’s order requires dine-in facilities, construction projects, and most manufacturing operations, among other business, to cease operation, or face “enforcement actions.” The Commonwealth delayed the original commencement of its March 19, 2020 order until March 23, 2020 to permit the Commonwealth to address the high volume of requests received from businesses seeking waivers declaring them life-sustaining businesses. On March 30, 2020, Governor Wolf amended his order to extend the prohibition on the operation non-life-sustaining business until April 30, 2020. The Governor’s order also now prohibits residents from 26 different counties from leaving their homes unless they are doing so to maintain their health and safety, obtain necessary services or supplies, or engage in a variety of other specifically permitted activities.

Although it was initially unclear what form these “enforcement actions” would take, the Governor has since issued some guidance on the matter. The Disease Prevention and Control Law of 1955 (DPCL), which was referenced in Governor Wolf’s Order, vests the Commonwealth Secretary of Health with the authority to employ the means of “isolation, quarantine, and any other control measure needed” to prevent and suppress disease.

The DPCL further provides that any person who violates any of its provisions or any regulation “shall, upon conviction by a district judge, pay a fine not less than twenty-five dollars and not more than three-hundred dollars, and in default of such payment, be imprisoned in a county jail for a period not to exceed thirty days.”

Notably, the DPCL allows prosecutions to be instituted by the State Department of Health, a county health department, or “any person having knowledge of a violation of any provisions of this act or regulation.” Presumably, this broad definition would include local and state law enforcement officers.

In addition to the DPCL, the Administrative Code of 1929 provides that any person who violates any order or regulation of the Department of Health, or who resists or interferes with any officer or agent thereof in the performance of their duties in enforcing these regulations and orders, shall, upon conviction in a summary trial before a district judge, be sentenced to pay a fine of not less than ten dollars and not more than fifty dollars.

Finally, the Pennsylvania Crimes Code criminalizes a person’s obstruction, impairment or prevention of the administration of law or other governmental function by force, violence, physical interference or obstacle. Such behavior qualifies as “Obstruction of Administration of Law” and constitutes a second degree misdemeanor, which, upon conviction, carries with it a maximum of two years of imprisonment.

Colonel Robert Evanchick, commissioner of the Pennsylvania State Police (PSP), issued a statement on the agency’s enforcement of the Governor’s order closing the physical locations of non-life-sustaining businesses. In his statement, he requested any citizen who is aware of a non-compliant business to contact his or her local law enforcement agency’s non-emergency number or the nearest state police stations. He urged citizens NOT to call 911 to file reports.

The statements issued by Governor Wolf and Commissioner Evanchick make clear that the Commonwealth will take violations of the Governor’s order seriously. Pennsylvania’s businesses owners should be aware that violations of the Governor’s prohibition constitute criminal offenses under the DPCL and the Administrative Code of 1929, and could result in fines or even imprisonment.

If you have questions about the applicability of the Governor’s Order to your business, Lamb McErlane PC can help. Contact Max O’Keefe at 610-430-8000. mokeefe@lambmcerlane.com.

Max is a partner at Lamb McErlane PC, he handles a wide variety of municipal, land use, property tax, administrative and environmental law matters. Max advises townships, boroughs, school districts and municipal authorities, as well as corporations and individuals.