Third Circuit Court of Appeals: “Stay” within limits set by Governor Wolf

October 1, 2020 By Todd Bartley

An early morning ruling by the Third Circuit Court of Appeals in Philadelphia granting a stay of the previous Order issued by federal judge William S. Stickman IV set off a chain of events and reactions on Thursday.

A request for a stay was denied by Stickman prompting the appeal by Governor Wolf to the Third Circuit Court in Philadelphia.

On September 22, 2020 Governor Wolf responded to News Talk WMPT regarding the denial of the stay at that time.

federal judge William S. Stickman IV

In chronological order:

As reported by Sports Radio 96.7, Sharon, PA at 12:30 p.m.

BREAKING: It appears that Gov Wolf’s motion for a stay of the District Courts ruling has been granted by the 3rd Circuit.

1:30 p.m.

Governor Wolf then held a press conference in Malvern, PA to discuss women’s health issues and the Affordable Care Act (ACA), he also too questions on the STAY being granted.

https://www.facebook.com/governorwolf/videos/1444454035758806/

1:50 p.m.

Sports Radio 96.7 reported during the question and answer portion of the press conference, Gov. Wolf just now on the 3rd Circuit stay – “It means the 250/25 guidance is back in place but he is working with the schools right now on some revised guidance” Gov Wolf says “stay tuned” to the question on what schools should do, who have revised their guidance, for tomorrow night.

2:30 p.m.

Sports Radio 96.7 then shared Tom Reisenweber of the Erie Times reports:

LATEST: PIAA is now having a legal review of the court decision and will put out an official statement soon.

From PIAA associate executive director Melissa Mertz “Based on Governor Wolf stating several times that “it is a local school decision”, we will follow that and advise schools that they should make these decisions locally based on their adopted Health and Safety plans.”

Melissa Mertz added “schools should consult with their solicitor for decision-making on what’s best for their individual school”

3:45 p.m. – PIAA Issues Statement

THIRD CIRCUIT COURT OF APPEALS – STAY ORDER ON GATHERINGS

This afternoon we received information that the Third Circuit Court of Appeals issued a stay of Judge Stickman’s decision striking the Governor’s COVID-19 restrictions in several areas. The most important for our purposes is the limitation on gatherings.

We are hopeful that there may be some modifications to the restrictions.

Governor Wolf stated the following to pennlive.com this afternoon: Pennlive

“At the same time, we’ve got to make sure that we’re being reasonable and realistic about how we do
things. I’m doing everything I can listening to folks, and continue to change as I did with restaurants,
and we’ll continue to look and make sure that the guidelines we have in place are reasonable.”

“Right now, we’re back to the 250, but as I say, I’m working right now with school districts and others
to do what we can to recognize the contexts that are different in every community,” Wolf said.

“Stay tuned, we’re working on it as we speak.”

As result of this, PIAA interprets the Governor’s Order of the 25 (indoor) and 250 (outdoor) limitations on gatherings (spectators) are back in effect. PIAA is informing member schools of the decision and encourage them to consult their solicitors as to what they can and cannot do under the Governor’s reinstated order.

For PIAA District and Inter-District playoffs, and absent revised guidance from the Governor, we will comply with the 25 (indoor) and 250 (outdoor) limitations on people in attendance at playoff contests.

4:15 p.m. – Congressman Fred Keller (PA-12) Issues Statement

News Talk WMPT to Congressman Fred Keller:

What is your reaction to the Third Circuit Court of Appeals issuing a stay of Judge Stickman’s decision striking down the Governor’s COVID-19 restrictions in several areas?

Rep. Keller offered the following:

“We need to be focused on giving Pennsylvanians the tools to safely reopen the economy and get back to our old normal. Pennsylvanians are smart, thoughtful people who are more than capable of safely going about their lives and it’s time they have the chance to do so.”

Many school districts had revised their seating capacities in recent weeks and now it appears, the limits are back to 250 outdoor and 25 indoor.