Family Restaurant Facing Thousands In Fines For Defying Governor’s Orders
And Reopening Found Not Guilty
October 20, 2020  Constitutional Nobody
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https://ussanews.com/News1/2020/10/20/family-restaurant-facing-thousands-in-fines-for-defying-governors-orders-and-reopening-found-not-guilty/

A U.S. court has sided with a restaurant in Lebanon County, Pennsylvania
that received citations of up to $10,000 for violating the coronavirus
restrictions in the state.

The story: The Taste of Sicily restaurant re-opened in May after having
been closed for two months under the state’s rules and guidelines aimed at
stopping the spread of the virus. The reopening happened during the yellow
phase
<https://www.governor.pa.gov/process-to-reopen-pennsylvania/#:~:text=As%20regions%20or%20counties%20move,large%20gatherings%2C%20remain%20in%20place.>
of
Pennsylvania Gov. Tom Wolf’s restriction. In the yellow phase, the state
eased some of the rules, including lifting stay-at-home orders, but still
forced businesses to follow strict guidelines.
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Restaurants and bars specifically were only allowed to have guests outdoors
and could provide only carry-out services and delivery.

The owners of Taste of Sicily, Michael Mangano and Christine Wartluft
defied the orders. They let customers decide whether they wanted to wear a
mask or practice social distancing and opened at full capacity. They were
then cited for running afoul of the coronavirus restrictions. The owners
took the citations to court and pleaded not guilty.

The ruling: Judge Carl Garver, who serves on the Lebanon County Magisterial
District in Pennsylvania, ruled that the citations issued to the restaurant
were unconstitutional and found the family business not guilty.

The restaurant’s lawyer, Eric Winter, explained: “It is very questionable
as to whether the law allows the Department of Health to issue orders as it
did. It is not possible for a criminal penalty to be imposed for violating
the orders.”

*Click on the link for the rest.*
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