The emergency injunction filed by PA's Department of Health to limit the amount of people allowed into the Carlisle auto show 'Spring Carlisle' will have to wait until Friday.
The car show has been underway since Wednesday. But, the PA Department of Health said its organizers, Carlisle Productions, are defying the order to keep the headcount under 250 people due to COVID-19 concerns.
The DOH said the event can draw up to 100,000 people, including people from out of state. The DOH also said it previously denied a waiver for the event to be exempt from the 250 person rule.
RELATED: Decision delayed: PA Dept of Health's push to limit number of people at Carlisle auto show postponed
Lawyers for Carlise Productions said it shouldn't have to abide by the 250 person rule because there is adequate opportunities for social distancing on the property, that the event is taking necessary safety precautions, and that the event is also held outside. Carlisle Productions argued Thursday before the judge that, instead, it should be held to a 50% occupancy rule, as other businesses are in the state.
"All the Carlisle car show wants to do is operate under the order as its written. like all these other businesses are," said Mark Stewart, a lawyer for Carlisle Productions Inc.
Judge Ann Covey questioned the DOH as to why the Carlisle auto show posed the need for immediate action as a health risk when other events such as the Black Lives Matter protests did not and even saw Governor Tom Wolf participate in the gatherings.
She asked, "how is this different from an emergency health risk perspective?"
The DOH responded that the Carlisle event and the protests were not comparable because protests were protected by constitutional rights.
As both parties appeared before the judge Thursday, however, it was revealed there is a conflict of interest in the case between the current attorneys for Carlisle Productions Inc. and the state. The DOH said it had learned of the conflict of interest late Wednesday night. The judge, therefore, ruled to delay the proceeding to Friday and in the meantime not issue an injunction that would force the show to follow the 250 person rule.
As for the question of how many people the Carlisle auto show has drawn to the region since Wednesday, Stewart told FOX43 "I don't have current numbers on that. They're expecting about 50% of last years attendance. So, on any given day, you're looking at six to 7,000 people over 100 acres."
The court hearing begins again at noon Friday.