HARRISBURG, Pa. — Pennsylvania State Police stated clearly Wednesday that, in their view, county authority does not override Governor Wolf.
"It's our position, we don’t believe as the law is written that the governor’s order can be overruled by county authority," Lt. Col. Scott Price of the Pennsylvania State Police said. “We will take the appropriate enforcement action based upon the law as we know it to be.”
However, district attorneys are the highest authority of enforcement in their respective counties, barring any higher state involvement. Some counties in our area have stated they will not prosecute businesses opening before the governor says they can, as a few of our area counties have stated on record they will enter the Yellow Phase on their own.
"Even if the state police show up, issue a citation, there’s nothing that’s going to happen," State Representative Seth Grove (R-York County) said. "Their entire enforcement of this has been completely neutered.”
Supporters of Governor Wolf's executive orders maintain that Title 35, Chapter 73 of the Pennsylvania Constitution gives Governor Wolf the authority of his previous and current orders, reading in part, "the Governor may issue, amend and rescind executive orders, proclamations and regulations which shall have the force and effect of law," for as long as the emergency declaration is in effect.
Rep. Grove says, the title should not apply in this case--saying the title was never envisioned for viral infection, but only natural disasters including floods, tornadoes and more.
"There is some inherent problems with our emergency service laws that the administration has manipulated," Rep. Grove said. "The problem is, even if you would take him to courts, the courts have always sided with the executive branch during the emergency."
Rep. Grove also maintaining that the governor's orders have no authority to begin with, because of his believed inconsistencies as the COVID-19 crisis has evolved.
"Law enforcement doesn’t know who’s in and who’s out," Rep. Grove said.
In the meantime, many local police departments are frustrated, uncertain who they listen to between the governor and district attorneys.
"It puts us in a predicament from a liability stand point how far we’re going to go with enforcing the law. It’s not a good place to be at right now," Lancaster City Bureau of Police Chief Jarrad P. Berkihiser said.
"A lot of people need to sit down at the same table and get on the same piece of music right now. It’s not good for us police officers to get stuck in this limbo," Chief Berkihiser said.
For now, the Lancaster City Police will be following the lead of District Attorney Heather Adams, but saying businesses may have bigger concerns than being ticketed by the city or county.
"There are worse ramifications these businesses could be facing with a state level, if they have a state license—that could be more problematic than any citation my officers could order," Chief Berkihiser said.