Westmoreland County Sheriff won’t enforce Gov. Wolf’s new covid-19 orders
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Add Westmoreland County Sheriff James Albert to the list of law enforcement officers vowing not enforce Gov. Tom Wolf’s temporary covid restrictions.
Last weekend, Wolf suspended all indoor dining, closed entertainment venues, limited indoor gatherings to 10 people and outdoor gatherings to 50 and restricted all other in-person businesses to 50% of normal capacity in an attempt to stop the recent surge of coronavirus cases statewide.
The orders expire Jan. 4.
Albert said that his 40 years of experience as a law enforcement officer, district judge and, now, sheriff taught him there is a delicate balance between enforcing government mandates and “at the same time protecting individual civil liberties.”
Albert said he believes Wolf’s restrictions violate that balance.
He referenced a September decision by U.S. District Court Judge William S. Stickman IV in Pittsburgh that temporarily struck down certain provisions of Wolf’s springtime restrictions as unconstitutional. His ruling was soon tossed aside by an appeals court.
“Judge Stickman ruled it as constitutionally impermissible — Gov. Wolf’s prohibition of indoor gatherings of more than 25 people, outdoor gatherings of more than 250 people, the stay-at-home-order, and the order closing all non-life-sustaining business,” Albert said.
Albert said he believes Stickman’s ruling follows the mandates established in the U.S. and state constitutions.
“Therefore, I will not enforce Gov. Wolf’s orders in the closing of restaurants or the governor’s order limiting people gathering, in addition to his stay-at-home orders,” Albert said.
Pennsylvania law allows sheriff’s deputies to make arrests regarding certain illegal activity they come across in “open view.” They cannot investigate reports of crimes they do not encounter or witness, but instead must call in municipal or state police to investigate.
Albert said no one has asked his department to enforce the new restriction, “but if and when I am, I believe I’m following our constitutional mandates that have been held up by a federal judge,” Albert said.
Less than a month after Stickman’s ruling, the U.S. Third Circuit Court of Appeals in Philadelphia stayed the Pittsburgh federal judge’s ruling while the appeal process proceeds, keeping Wolf’s restrictions on crowd sizes in place related to the pandemic.
Stickman’s order “is not in effect” as a result of the ongoing appeals, Wolf spokesperson Lyndsay Kensinger replied in an email.
“These limited-time mitigation orders, as all covid-19-related orders, are enforceable through actions brought under the Disease Prevention and Control Law of 1955 and the Administrative Code of 1929,” she said.
She said Wolf and Secretary of Health Dr. Rachel Levine’s orders were issued through the authority granted them under the law and, as such, they have the force and effect of law and “extends to all local law enforcement agencies in Pennsylvania.”
She noted the decision whether to issue a warning or citation is made on a case-by-case basis.
Kensinger said state police, the state’s liquor control board, departments of agriculture, health, state, labor and industry and many local law enforcement agencies are enforcing the laws.
“Based on our initial reports, a vast majority of Pennsylvania businesses are following the time-limited mitigation orders,” she said, adding that officials realize “it’s not the fault of restaurant and bar or gym owners or their employees that covid-19 spreads easily in these conditions… it’s the nature of the disease.”
“Since March, Pennsylvania State Police has found the overwhelming majority of Pennsylvanians are doing their part to keep their communities safe and healthy during the pandemic,” but the recent surge in the virus brought about the new mitigation order, she said.
State police continue to enforce covid-19 mitigation requirements enacted by the Liquor Control Board at licensed establishments, according to state police spokesman Ryan Tarkowski. Since July 1, liquor control enforcement officers have conducted nearly 60,000 compliance checks and issued 1,804 warnings and 403 notices of violation.
Complaints or notices of possible order violations received by the state are vetted and referred to the proper authority, typically state police or local law enforcement for investigation, Tarkowski said.
Last week, officials in North Huntingdon said they would not abide by Wolf’s crowd-size limits emphasizing more than 10 people would be permitted at the commissioners’ regular meeting.
Township officials noted that in mid-May, commissioners passed a resolution prohibiting its police officers from enforcing the governor’s orders limiting the number of people in establishments. The township noted it could not protect businesses from any possible penalties from the state, which could impact licensing.
Like Albert, Elk County Sheriff Todd Caltagarone and Lancaster County Sheriff Chris Leppler both announced they would not enforce Wolf’s recent order. Caltagarone cited religious reasons, while Leppler cited rights granted under U.S. and Pennsylvania constitutions.
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In September, Albert, 70, gained national notoriety when he switched his party affiliation from Democrat to Republican because of his conservative beliefs.
Albert, 70, said his department was not called to enforce any measures during the initial round of coronavirus restrictions implemented in the spring. He said deputies have not been called to enforce regulations since the new orders were put in place last Saturday.
However, Albert said his office has jurisdiction if called and he wanted the public to be aware of his policy.