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Pa. court upholds order closing restaurant for violating Gov. Wolf’s COVID-19 mask mandate
Pennlive ^ | 23 July A.D. 2021 | Matt Miller

Posted on 07/23/2021 8:15:18 AM PDT by lightman

A state appeals court Friday refused to overturn an order that closed a Pennsylvania restaurant for disobeying Gov. Tom Wolf’s COVID-19 restrictions requiring its workers and customers to wear face masks.

The Commonwealth Court panel’s decision in the case of The Crack’d Egg of Pittsburgh marks the defeat of yet another legal challenge to the validity of directives Wolf issued amid the pandemic.

Judge Renee Cohn Jubelirer noted in the Commonwealth Court opinion that the state Supreme Court has repeatedly upheld the governor’s emergency authority to issue those edicts.

The Crack’d Egg case involves a battle between the restaurant owners and the Allegheny County County Health Department.

Health department officials claimed the restaurant didn’t comply with several requests to obey the mask mandate and restrictions on dining facility occupancy Wolf issued in July 2020.

The county health department ordered that The Crack’d Egg be closed in August 2020, but soon learned of the owner’s intent to reopen by way of postings on social media, Jubelirer noted. When inspections showed the eatery was still operating in violation of the COVID-19 restrictions the health department sought and secured a preliminary injunction from the county court to close it.

A county judge rejected The Crack’d Egg’s contentions that Wolf’s orders were not appropriate responses to the pandemic and were in fact violations of constitutional rights. The restaurant owner also questioned whether the wearing of face masks did anything to curb the spread of COVID-19, Jubelirer noted.

The Crack’d Egg challenged the issuance of the preliminary injunction in its appeal to Commonwealth Court, which found the county judge had justification for handing down the order to close the eatery until it complied with the state and local COVID-19 mandates.

The case might not be over, however, since Jubelirer sent the dispute back to the county court where the restaurant owners could continue to press their arguments that Wolf’s restrictions aren’t legal.


TOPICS: Business/Economy; Government; News/Current Events; US: Pennsylvania
KEYWORDS: covid1984; mask; paping; politicaljudiciary; wolf
The Appellate courts in PA are Donk dominated and extremely partisan.

No blindfolded justice in the Keystone State!

1 posted on 07/23/2021 8:15:18 AM PDT by lightman
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To: fatima; Fresh Wind; st.eqed; xsmommy; House Atreides; Nowhere Man; PaulZe; brityank; Physicist; ...

Pennsylvania Ping!

Please ping me with articles of interest.

FReepmail me to be added to the list.

2 posted on 07/23/2021 8:15:50 AM PDT by lightman (I am a binary Trinitarian. Deal with it!)
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To: lightman

Wolf the Tyrant.


3 posted on 07/23/2021 8:20:00 AM PDT by sauropod (Amateurs built the ark; professionals built the Titanic. Anon)
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To: lightman

Renee’s ruling is that if you want to discuss whether or not the Constitution prevails over the Pennsylvania goveror’s edicts emanating from self-annointed powers which are “justified” by a self-proclaimed emergency, take it somewhere else as this court, this “judge” has absolutely no interest in Constitutional rights and restrictions on government (i.e., tyranny).


4 posted on 07/23/2021 8:20:37 AM PDT by glennaro (Dennis Prager: "Until it's safe" means "Never")
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To: lightman

Taxes and wear a mask too .... sigh


5 posted on 07/23/2021 8:21:50 AM PDT by no-to-illegals ( Liberals, leftists, Rinos, moslems, illegals, lamestream media. All want America to fail and die )
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To: sauropod

>> Wolf the Tyrant.

The same asswipe that had no problem going out to dinner with his family during the height of the “pandemic”.


6 posted on 07/23/2021 8:23:46 AM PDT by Gene Eric (Don't be a statist!)
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To: sauropod

Tyranosaurus Wolf


7 posted on 07/23/2021 8:25:17 AM PDT by lightman (I am a binary Trinitarian. Deal with it!)
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Where are the good judges?


8 posted on 07/23/2021 8:31:35 AM PDT by TakebackGOP
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To: lightman

I wonder what the actual summons for closing the business actually states. The one case where the fed court said the fine was unlawful was based on the actual statutes cited in the citation. Because there is no law to close a business for covid.


9 posted on 07/23/2021 8:58:22 AM PDT by kvanbrunt2
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To: TakebackGOP

Pennsylvania courts are corrupt. I was involved in a case were a young assistant prosecutor was a witness. She lost her mind and made an outrageous statement to the Defence attorney accusing him of sabotaging her career. Was a big deal, the court room went silent and there was a meeting about it afterwards. I requested transcripts and was put off for six months. Once I received them, the entire incident was reworded and missing content. The court recorder even modified the signing statement to cover herself. I tried to push this and not one lawyer, even the one that was accused and knows what happened will touch it. They are your enemy and need to be treated as such.


10 posted on 07/23/2021 9:00:05 AM PDT by RBW in PA
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To: TakebackGOP

Where are the good judges?>>>Maybe texas, florida or arizona. The soros commies took over the justice system in PA. One of the things the next gov and legislature hope to fix. The courts will be structured regionally not by population. As you can guess Philly and pitts dominate the courts.


11 posted on 07/23/2021 9:00:24 AM PDT by kvanbrunt2
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To: lightman

These corrupt courts are only ‘warming up’ to what they will do next week or next month about the election fraud findings !!


12 posted on 07/23/2021 9:08:07 AM PDT by George from New England
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To: Gene Eric

Like Newsome and Cuomo etc did.


13 posted on 07/23/2021 9:44:08 AM PDT by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit..)
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To: lightman

The PA Supreme Court is a stacked hack. 5-2. The gift from fast Eddie that keeps on giving. Will get no justice there.


14 posted on 07/23/2021 9:47:20 AM PDT by HamiltonJay
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To: lightman

We need to rid our courts of these commies. These judges will not protect our God given freedoms from the tyranny of the executive. Additionally, nearly every Republican in the Commonwealth legislature is silent. They don’t give a damn about anything other than their establishment club.


15 posted on 07/23/2021 9:59:19 AM PDT by ConservativeInPA (“When injustice becomes law, resistance becomes duty.” ― Thomas Jefferson)
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To: lightman

bad news for west hamburg


16 posted on 07/23/2021 10:08:32 AM PDT by aumrl (let's keep it real Conservatives )
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To: lightman

The PA Supreme Court is dominated by Democrats. The Pennsylvania Commonwealth Court is 7-2 GOP.

Jubelirer Is a Republican.


17 posted on 07/23/2021 10:44:28 AM PDT by TexasGurl24
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To: HamiltonJay

This was the Commonwealth Court, not the PA Supreme Court.


18 posted on 07/23/2021 10:45:24 AM PDT by TexasGurl24
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To: TexasGurl24

I know, but they will appeal up to the PA Supreme court, and they will rule against them... only way any relief will happen will be if he can get this into Fed Court.

Even if he had one, the county would have appealed and kept going until it got to the PASSC and they will uphold Wolf’s unconstitutional decrees... as they have in the past.

PA is a totalitarian state disguising itself as a commonwealth.


19 posted on 07/23/2021 11:36:08 AM PDT by HamiltonJay
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