Federal judge in Pennsylvania ruled Monday that the Pennsylvania Governor’s lockdown orders are unconstitutional, violating both the First and 14th Amendments. The lawsuit argued that Governor Tom Wolf’s orders implemented with state Health Secretary Rachel Levine to shut down businesses violated constitutional liberties.

The 66-page ruling by U.S. District Judge William S. Stickman IV strict down an order limiting indoor and outdoor gatherings to 25 and 250 people violating “the right of assembly enshrined in the First Amendment.” The stay-home order and mandatory closure of non-essential businesses infringed on citizen freedoms and discriminated based upon arbitrary “life sustaining” and “non-life sustaining” standards breaching the 14th Amendment protections.

The Judge concluded that good intentions in an emergency does not unfetter government’s authority. “The liberties protected by the Constitution are not fair-weather freedoms—in place when times are good but able to be case aside in times of trouble. There is no question that this Country has faced, and will face, emergencies of every sort. But the solution to a national crisis can never be permitted to supersede the commitment to individual liberty that stands as the foundation of the American experiment. The Constitution cannot accept the concept of a “new normal” where the basic liberties of the people can be subordinated to open-ended emergency mitigation measures. Rather, the Constitution sets certain lines that may not be crossed, even in an emergency. Actions taken by Defendants crossed those lines. It is the duty of the Court to declare those actions unconstitutional.”

In Oregon’s Glamour Salon case, the federal judge decision should have a positive impact as Lindsey Graham awaits her day in court. Pushing back against Governor Brown’s shutdown orders, she faced $14,000 in fines and multiple scare tactics to get her to close. After her story went public, it propelled her into standing for small businesses all over the nation that were counting on her to be their voice. She filed a $100,000 civil rights lawsuit in federal court in an attempt to bypass judges appointed by Governor Brown, since the suit is against Governor Brown, the State of Oregon and several state agencies.


--Donna Bleiler

Post Date: 2020-09-16 17:56:22