Calling for the closure of all non-essential businesses, Pennsylvania Gov. Tom Wolf on Monday, March 16, 2020 announced the implementation of aggressive mitigation efforts in all counties throughout the state as of 12:01 AM, Tuesday, March 17, 2020 to help stop the spread of COVID-19 (Coronavirus). The governor stated that only essential services will remain open, such as grocery stores, trash collection and health care facilities. The Wolf administration had previously deemed pharmacies, gas stations, police, fire and EMS as essential services as well.

These aggressive measures were previously restricted to Bucks, Chester, Delaware, and Montgomery counties following the governor’s March 6, 2020 Proclamation of Disaster Emergency relating to COVID-19. Allegheny County implemented similar social distancing measures on Sunday, March 15, 2020, calling on non-essential businesses in the county to close or implement “alternative work strategies” for at least 14 days. That same day, Gov. Wolf ordered restaurants and bars within the four originally-targeted counties to close their dine-in facilities beginning Monday, March 16, 2020. However, all such dining establishments are now being ordered to do so statewide; carry-out, delivery, and drive-through food and beverage services, on the other hand, will be allowed to continue in operation.

This statewide order will be reevaluated after 14 days to determine whether continued mitigation is needed.

The Wolf administration has issued guidance for the types of “non-essential” businesses that are being urged to close in these counties as part of the COVID-19 mitigation efforts. In a letter co-issued on Saturday, March 14, 2020 by the PA Department of Health and Department of Community & Economic Development, the following types of businesses were instructed that they “should temporarily cease regular operations” in Bucks, Chester, Delaware and Montgomery counties—a directive now extended to all remaining counties in Pennsylvania.

• Community and recreation centers
• Gyms, including yoga/spin/barre facilities
• Hair salons, nail salons, and spas
• Casinos, concert venues, and theaters
• Bars
• Sporting events facilities and golf courses
• Non-essential retail facilities, including shopping malls (except for pharmacy or other health care facilities located therein)
• NOTE: Liquor stores will begin an orderly closure. Individuals can still buy wine and beer at grocery stores with PLCB licenses
• NOTE: Restaurants should stay open for carry-out and delivery only

The Philadelphia Board of Health announced the city’s own restrictions on business operations (providing a list of the types of “essential” businesses more expansive than the governor’s) as well as changes to certain laws applicable to city businesses effective March 16, 2020 at 5 PM. More information about these Philadelphia-specific measures can be found here.

Gov. Wolf also warned businesses could face enforcement actions for any failure to adhere to the March 15 order. Additional information about this order can be accessed on the Governor’s webpage. In fact, after the governor’s announcement regarding the statewide “shut down,” Montgomery County Commissioner Valerie Arkoosh declared that county officials will go after any non-essential business that refuses or fails to adhere to these mitigation directives. She also encouraged county residents to report any such businesses to proper authorities.

Fox Rothschild attorneys are actively monitoring this situation as it develops. Our attorneys are prepared to advise individuals and businesses of the impact COVID-19 and help formulate strategic solutions to help minimize or altogether avoid risk in response.