DA, sheriff say they won’t punish open Bedford businesses
Commissioners can’t waive state penalties
The Bedford County district attorney and sheriff say they will not seek to prosecute nonessential businesses defying the governor’s shutdown order but warned other agencies may.
Bedford, as well as Blair and Cambria, are among those moving to yellow status starting Friday, allowing more but not all businesses to resume in-person operations.
“It is nearly impossible to offer consistency in prosecution of perceived violations of the governor’s order. As a result, the Office of the District Attorney will not seek to prosecute alleged violations against ‘nonessential’ business owners in Bedford County. Prosecution will only occur in the most egregious circumstances,” District Attorney Leslie Childers-Potts said in a joint release with Sheriff Wayne Emerick.
The decision was reached only after careful consideration and consultation with local officials and local law enforcement, the release states. Allegations of a business failing to comply with Centers for Disease Control and Prevention guidelines will be reviewed on a case by case basis, and only when it is in the public interest.
Childers-Potts and Emerick said it is up to individuals to decide if they can safely patronize a business.
In a separate release issued Monday, Bedford County commissioners said they will continue to push Gov. Tom Wolf to allow more businesses to open.
“We are continuing to use all recourse available to us to convince the governor that all county businesses that are complying with social distancing, wearing masks and limiting occupancy in their stores, salons or restaurants should be allowed to open immediately,” the commissioners said.
Under Wolf’s order, salons and some businesses and offices cannot open to the public even with the move to yellow status.
Bars and restaurants can only handle takeout orders.
The commissioners noted that they don’t have the power to waive civil or administrative penalties imposed by state agencies, including the Pennsylvania Liquor Control Board or licensing agencies — nor do the sheriff or DA.
“While the intent of his executive orders may be based on stopping the spread of the COVID-19 virus, the collateral damage imposed on those who have lost jobs and businesses is creating unprecedented economic damage,” commissioners said.
“We strongly believe our citizens need more than two choices, either defy the governor or declare bankruptcy. We want our residents to know that we will be sympathetic to every extent possible, however individuals must be prepared to deal with consequences if they fail to comply.
“We urge business owners who may choose to ignore the governor’s mandates to seek legal counsel prior to doing so. Please consider the following questions if you take this path: Will your insurance coverage, such as liability and workers’ compensation insurance remain in effect? If you have a state issued license, will it be in jeopardy if you ignore the mandate? The PLCB … could suspend your license without even a hearing. Will you have enough financial resources to defend yourself against the onslaught of state agencies that have the power to keep your business in court for a very long time?” the commissioners’ release said.