Case: Friends of Danny DeVito v. Wolf

COVID-19 Summary: On March 24, 2020, a group of Pennsylvania businesses and a local Republican candidate filed this lawsuit against the Governor of Pennsylvania, seeking to vacate an executive order requiring the closure of all businesses that are “non-life-sustaining.” Governor Wolf implemented a waiver system that allowed businesses that were previously deemed to be non-life-sustaining to be recategorized as life-sustaining which would allow them to open. On April 13, the Supreme Court of Pennsylvania ruled against the plaintiffs, and the plaintiffs appealed to the U.S. Supreme Court and sought to stay the executive order. The stay was denied on May 6.

On March 24, 2020, a group of Pennsylvania businesses, led by a local Republican candidate running for the state’s legislature, Danny DeVito (no, not the actor), filed this lawsuit in the Pennsylvania Supreme Court against Governor Wolf. The plaintiffs sought to vacate an executive order entered on March 19 in response to the COVID-19 crisis, which required the closure of the physical operations of all businesses that are “non-life-sustaining.” Governor Wolf also implemented a waiver system that allowed businesses that were previously deemed to be non-life-sustaining to be recategorized as life-sustaining which would allow them to open.

The plaintiffs alleged that the order was in violation of the separation of powers doctrine and was against the Fourth, Fifth, Fourteenth and First Amendment and Pennsylvania Constitution. Specifically, the plaintiffs alleged that the order violated their right against unreasonable seizures under the Fourth Amendment and state constitution, the right to protection of their private property under the Fifth Amendment, the right to free speech and association under the First Amendment, and the right to due process under the Fourteenth Amendment as they had no way to challenge the waiver decisions. The plaintiffs were represented by private attorneys.

On April 3, 2020, the Pennsylvania Association of Realtors submitted an amicus curiae brief in support of the plaintiffs, while the City of Philadelphia and the City of Pittsburgh submitted amicus curiae briefs in support of the defendants on April 3 and April 6, respectively.

On April 13, 2020, the Supreme Court of Pennsylvania ruled against the plaintiffs, finding that the Governor had the statutory authority to issue the executive order, as he is vested with broad emergency management powers during a state of emergency. Chief Justice Thomas G. Saylor wrote a partial concurring and dissenting opinion, finding that there were areas of disputable fact, which raised concerns of lack of judicial review. The plaintiffs appealed to the U.S. Supreme Court and sought to stay the executive order. 2020 WL 1847100.

On April 24, a motion to stay pending disposition by the U.S. Supreme Court was denied by the Supreme Court of Pennsylvania. An application for stay was denied by the U.S. Supreme Court on May 6. 2020 WL 2177482.

Meanwhile, Pennsylvania began to gradually lift restrictions, with many counties reopening on May 8. The case is ongoing.