Clarion Co. DA Calls On Wolf to Allow All Businesses to Reopen

Aly Delp

Aly Delp

Published May 12, 2020 5:30 am
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CLARION, Pa. (EYT) — Clarion County District Attorney Drew Welsh is urging Governor Tom Wolf to allow all business that are compliant with safety regulations to reopen.

Welsh told exploreClarion.com that he has been consulting with local and state law enforcement noting that Clarion County has not issued any citations for violations of the governor’s Coronavirus business closure orders.

“My priority is keeping Clarion County safe from rapists, murderers, and drug dealers,” Welsh said.

Welsh said he’s concerned that there is a common belief that the District Attorney and local law enforcement are “the only consequence a business can face” if they reopen after being ordered by the governor to remain closed.

“Clarion County is currently in the ‘Yellow Phase,’ and as I read the orders, the only businesses that could be subject to a citation and fine are those which also depend on some type of license by the state to operate,” Welsh said. “Even if a District Attorney chooses not to prosecute those citations, the administrative agencies in Harrisburg can still take action and suspend or revoke that license effectively barring their ability to work even beyond any current closure.”

Welsh went on to state that he does not agree with the decisions made by Governor Wolf and even sent the governor a letter expressing his concerns:

Dear Governor Wolf,

As you are aware many, District Attorneys from across the Commonwealth have been exercising the discretion afforded to them and announcing that they will not be prosecuting businesses that open in violation of your Stay-At-Home and Non-Essential Business orders. In Clarion County we have moved to the “Yellow Phase” as of May 8th and many of our businesses have begun to re-open. I have seen our citizens take great care to ensure that they are operating their business in a responsible and healthy way.

I have also received many questions from concerned citizens and business owners about what role the District Attorney’s office plays in enforcement of your orders, and how they need to navigate this difficult time. You have directed law enforcement to refer to the “Business Closure Order Enforcement Guidance” letter posted online. In that letter you write “I, of course, defer to you as law enforcement executives and District Attorneys to determine appropriate charges for suspected violations.”

I believe that the public has been under a belief that the issuance of citations and prosecution by the local District Attorney’s office is the final word on enforcement of your order. As a county in the “Yellow Phase” it appears that the only businesses that remain closed and subject to citation are those which require licenses to be issued by your office and various administrative agencies. I do not want businesses to open based on a belief that their local DA’s Office will not prosecute them, only to find that your administration has taken steps to revoke their license and suspend their livelihood.

I am asking that you allow all businesses to re-open as long as they take steps to maintain the safety of their employees and customers such as following CDC and Department of Health guidelines. Please respect the role of each county’s District Attorney in making the appropriate decisions on whether businesses are placing our communities at risk by their actions. I assure you that every District Attorney takes the health and safety of their community seriously. I, along with my colleagues across the Commonwealth, make life-changing decisions every day. We were elected to do just that. Trust us to do our job.

The people of Clarion County want to be able to re-start their lives and keep their family and neighbors safe. Please reconsider your current approach and allow businesses that require state licenses to re-open under the same terms as all other businesses.

Respectfully,

Drew Welsh
District Attorney
Clarion County

On Monday, Governor Wolf issued a stern rebuke against Pennsylvania counties and businesses that plan to reopen without state approval, calling it a “cowardly act” that could cost those areas federal stimulus money.

Welsh said he is disappointed Wolf referred to district attorneys who are exercising their discretion and not prosecuting businesses that want to safely re-open as ‘cowardly’ or ‘selfish.’

“I will not be bullied by anybody in the performance of my job. My office will continue to use the discretion the citizens of Clarion County entrusted me with.”

Welsh was sworn in as Clarion County District Attorney in January after sweeping Republican and the Democratic Parties’ nominations in the primary election.

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