May 12, 2020 5 min read

Gov. Tom Wolf on Monday threatened to penalize counties and businesses that defy his COVID-19 stay-home order by reopening before he eases mitigation strategies.

Wolf said counties could lose discretionary state funding by moving from a red zone into a yellow zone at the decision of county commissioners during the pandemic.

“These people are ready to desert in the midst of a war,” Wolf said during an online briefing on the state’s response to the novel coronavirus.

He said businesses that reopen in red zones can lose their occupancy permits, health department certificates and liquor licenses.

“They might find themselves uninsured,” Wolf said.

Wolf will move 13 counties in Southwestern Pennsylvania, including Washington and Greene, into a yellow zone Friday, meaning retail can reopen under social distancing guidelines. Twenty-four counties in north-central and northwestern Pennsylvania turned yellow last week.

The death toll from the virus in Pennsylvania reached 3,731 after 24 new deaths were added to the total Monday. The number of positive cases statewide increased by 543, taking the total to 57,154.

The numbers statewide were the lowest since they have been daily since late March. State health Secretary Rachel Levine said reporting has typically been slow on weekends, especially when there is a holiday. The state usually receives a “data dump” of reports on Tuesdays, Levine has said.

In Washington and Greene counties there were no new cases or deaths reported Monday, with their positive tests results holding at 124 and 27, respectively. Four deaths were previously attributed to the virus in Washington County, and one was reported in Greene County.

Meanwhile, Allegheny County reported one new death from the virus, taking its total to 123, and eight new positive cases, the number of which reached 1,511 Monday.

Wolf said Pennsylvanians have been in a “fight for our life” as the deadly virus threatened to overwhelm hospitals and resulted in many businesses being forced to close.

“We have bought valuable time,” he said. “The fight is not over yet.”

He also said district attorneys who have vowed to not prosecute violators also can face problems, without specifying the type of actions the state could take against them.

Wolf did not identify a county or district attorney during his speech. However, Greene County District Attorney Dave Russo announced Thursday he would not prosecute any business owner who decided to reopen Monday while the county was still listed as red. Russo didn’t return a message seeking comment Monday.

“This decision was made to prevent businesses from being forced into bankruptcy or to close permanently because of Governor Wolf’s shut down of all businesses he deemed non-essential,” Russo said last week.

Wolf accused counties and businesses that defy his stay-home order of being “cowardly” and acting in a selfish and unsafe manner.

“I cannot allow residents in a red county to get sick because their local officials can’t see the invisible risk of the virus in their community,” Wolf said. “So, I must, and I will impose consequences if a county locally lifts restrictions when it has not yet been given the go-ahead by the state.”

He said employers who feel they are being forced to return to work at a business that reopens illegally can continue to stay home and collect unemployment compensation.

Gov. Wolf outlined the following consequences to counties that do not abide by the law to remain closed:

• Counties will not be eligible for federal stimulus discretionary funds the state receives and intends to provide to counties with populations of fewer than 500,000. 

• Businesses in counties that do not abide by the law will no longer be eligible for business liability insurance and the protections it provides. The Pennsylvania Department of Insurance released details of this earlier today.

• Restaurants that reopen for dine-in service in counties that have not been authorized to reopen will be at risk of losing their liquor license.
• County residents receiving unemployment compensation will be able to continue to receive benefits even if their employer reopens. Employees may choose not to return out of concern for personal safety and safety of co-workers.