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2 Pa. sheriffs say they will not uphold governor’s restrictions on businesses

“We will NOT be making criminals out of businesses that are trying to provide for their families and their employees’ families”

Eric Scicchitano and Marcia Moore
Daily Item

SNYDER COUNTY, Pa. — Two Valley sheriffs pledged not to uphold Gov. Tom Wolf’s order restricting “non-life sustaining business” during the novel coronavirus pandemic.

The governor’s restriction was made as a public health and safety measure. It’s increasingly drawing the ire of members of the public who view it as an overstep that’s keeping many people out of work.

Snyder County Sheriff John Zechman and Union County Sheriff Ernie Ritter made separate announcements on Facebook, which was met with overwhelming support in the comments section of each post. Zechman said he wrote the post, which Ritter used as a template for his own shared opinion.

“We will NOT be enforcing executive orders that are unconstitutional and we will NOT be making criminals out of businesses that are trying to provide for their families and their employees’ families,” Zechman and Ritter each posted in their respective statements.

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A Facebook statement by Snyder County Sheriff John A. Zechman.

Both Snyder and Union counties are among the 24 Pennsylvania counties that transitioned Friday from “red” to “yellow” status, easing but not lifting varied restrictions enacted by Wolf.

The rate of COVID-19 positive tests is 13 percent in Snyder County (33 of 254) and 6 percent in Union County (40 of 651). Each county has seen one resident die of the respiratory disease caused by the novel coronavirus, according to the state Health Department.

The counties’ respective infection rates are far lower than the state average of 25 percent, influenced by higher rates in northeast and southeast Pennsylvania. Statewide, there’ve been 3,688 deaths. The unknown figure is the number of asymptomatic persons. The virus can be spread from those not experiencing symptoms, according to state and federal health officials.

Wolf declared a disaster emergency on March 6. The business restrictions came by order March 19 and were deemed enforceable beginning March 23. The governor stressed voluntary compliance and enforcement has mostly resulted in warnings, not arrests.

Zechman said while he will not cite any business that opens despite being barred from operating under the state orders, he does urge residents to take precautions.

“I encourage people to use proper hygiene and social distancing,” he said.

Zechman has postponed sheriff sales for April and May until at least June 12 and foreclosures until at least July 10.

“I’m looking to err on the side of someone who possibly may lose their home,” he said. “A lot of folks have been laid off and I want them to have the opportunity to make payments.”

Ritter said the effort isn’t organized by the Pennsylvania Sheriff’s Association. Some sheriffs are following each other’s lead, including in Franklin and Cumberland counties. He said most sheriffs who took this stance are largely still in the “red” designation where business and social gatherings are tightly restricted.

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Union County Sheriff Ernest R. Ritter’s Facebook statement.

The U.S. Supreme Court denied an application to lift Wolf’s executive order that limits specific economic activity and restricts mass gatherings. The Pennsylvania Supreme Court had done the same.

Ritter said his choice and that of other sheriffs does put them on a slippery slope in deeming the order themselves “unconstitutional.”

“It’s not legislatively voted on by the people. They decided not to hear it but that doesn’t mean it’s constitutional,” Ritter said.

There have been no calls to the Union County Sheriff’s Office to report alleged violations of Wolf’s order to restrict specific business activity deemed “non-life sustaining,” Ritter said. However, he’s received reports on other activities including a farm auction which, he said, he was told was permitted by a waiver from the governor’s office.

Ritter said there’s public discontent along religious grounds including about weddings. Wolf’s order restricts mass gatherings in yellow counties to 25 people.

“That’s the kind of stuff I don’t want to get involved in,” Ritter said.

The Union County Sheriff’s Office had been taking appointments to issue gun permits. Like Zechman, Ritter postponed sheriff sales. The office reopens Monday, Ritter said, to handle civil process services issues.

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