A federal judge yesterday ruled that Governor Tom Wolf’s ban on indoor dining at restaurants does not violate the U.S. Constitution and are “eminently rational.”
U.S. Middle District Judge Christopher C. Conner ruled against a request for an injunction filed by a restaurant association and two eateries in Hershey.
Declaring in the claim that “there is no material difference between dining and non-dining establishments is simply wrong,” said Conner. Conner said other courts have ruled that “some ‘restraint’ on individual liberties must be tolerated in the interest of protecting public health.” He drew a sharp distinction between restaurants and other establishments, such as grocery and hardware stores. He said, “You can wear a mask while bagging groceries or selling a paint color, but you cannot wear a mask to eat or drink.”
Concluding that Wolf’s decision to impose the ban is “compelling,” the judge wrote that, “It is for the commonwealth’s public officials – not (his) or any court – to determine the most appropriate means by which to meet the current crisis.”
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