en en en en fr en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en sv en en en en en en en en en en en en en en en en en en en en en en en en sv en en en en en en en en en en en en en en en en en en en en en en de en en en en en en en en en en en en en lv en en en en en en en en en en en en en en en en fi ca en es es en en zh cv en en en en en en en en en en en en en en en en en en
Pa. GOP takes Gov. Tom Wolf to court as it seeks records on controversial business waiver process · Spotlight PA
Investigations Events Newsletters Staff Tips State College SearchSupport Us
by Cynthia Fernandez of Spotlight PA | May 11, 2020
A man standing on the sidewalk on 52nd Street is surrounded by local business’s that are closed due to the coronavirus outbreak on Saturday, March, 28, 2020.
HARRISBURG — Senate Republicans are taking Gov. Tom Wolf to court in an effort to force his administration to release more information about how it exempted certain businesses from a statewide coronavirus shutdown order.
The suit, filed Monday in Commonwealth Court, seeks to enforce subpoenas issued by a Senate committee in April for all notes, memos, emails, letters, and other documents related to the controversial waiver process. The Wolf administration rejected the request on Friday, though it did for the first time release a list of more than 5,000 businesses that were granted waivers.
But the information, published online, didn’t include the criteria by which applications for waivers were considered or the reason businesses were approved. The administration has not made any applications available, nor has it released a list of which companies were denied exemptions, or those that were approved for a waiver and then had it revoked.
“Transparency is important in government, and we are in an obviously unprecedented time where the governor is wielding an unprecedented amount of power,” Senate Majority Leader Jake Corman (R., Centre) told reporters Monday.
A spokesperson for Wolf said the administration is reviewing the filing.
In a Friday letter to lawmakers, Wolf cited a Commonwealth Court decision holding that former Gov. Tom Corbett, a Republican, was not obligated to respond to a subpoena because it would have unconstitutionally interfered with the duties of the executive branch.
But this “chief executive privilege” doesn’t extend to Dennis Davin, the cabinet secretary named in one of the subpoenas, Republicans argued in their Monday filing. Additionally, the COVID-19 pandemic should be considered an “extreme case” that warrants overriding the privilege.
In March, Wolf ordered large swaths of the economy to close in order to slow the spread of the coronavirus and prevent hospitals from becoming overwhelmed with patients. His administration then launched a waiver process to allow companies to prove they were “life-sustaining” and should be permitted to reopen.
But from the beginning, the process was marred by questions about fairness and transparency, as some businesses claimed they were denied while others in the same industry were approved.
Media outlets including Spotlight PA and The Philadelphia Inquirer sought details about the waiver process through the Department of Community and Economic Development but were denied. The news organizations also filed a public records request, though Wolf froze that process in March as he closed state offices.
Democrats say the subpoenas are an example of politicking during a crisis and duplicative of a review being conducted by Auditor General Eugene DePasquale. Wolf has said he welcomes the audit.
And in his letter Friday, the governor told GOP lawmakers that, as part of that review, his administration would release “the plethora of communications from legislative members to the Governor’s Office about the exemption process.”
“We believe the Auditor General should also review whether legislative members attempted to influence the exemption process in any way,” Wolf wrote.
100% ESSENTIAL: Spotlight PA relies on funding from foundations and readers like you who are committed to accountability journalism that gets results. If you value this reporting, please give a gift today at spotlightpa.org/donate.
THIS IS JUST THE BEGINNING...
We believe everyone in Pennsylvania should have access to trusted public-service and investigative journalism. That’s why we don’t have a paywall on our site, charge a subscription fee, or clutter our articles with ads that have nothing to do with our state.
Instead, we use the honor system.
Each of our stories costs hundreds if not thousands of dollars to produce. If you learned something today, do your part and join our effort to rebuild reliable, high-quality local journalism in Pennsylvania by making a tax-deductible contribution of any amount. We can’t do this work without you.
Support Spotlight PA »
I am a robot
Never Miss a Story
Sign up for PA Post and get a free daily email with top news from across PA, plus some fun, too.
You’re invited! Pennsylvania’s top election official answers your voting questions live
by Spotlight PA Staff
Photo Courtesy Chris Harter
Talk of a tax increase is driving a wedge between leaders of a growing Pa. township and its fire company
by Min Xian of Spotlight PA State College
Tom Gralish / Philadelphia Inquirer
A complete guide and amendment tracker for proposed changes to Pennsylvania’s Constitution
by Danielle Ohl of Spotlight PA
Leise Hook / For Spotlight PA
Pa. law protects workers who are approved for medical marijuana — but once they use it, it’s a different story.
by Ed Mahon of Spotlight PA
THE LATEST ON COVID-19
Dan Nott / For Spotlight PA
Pa. COVID updates: Your guide to finding resources on cases, vaccines, and tests
by Spotlight PA Staff
THOMAS HENGGE & STEVEN M. FALK / Philadelphia Inquirer
Pa. election 2022: Your complete guide to the candidates for governor
by Stephen Caruso of Spotlight PA, Ethan Edward Coston of Spotlight PA and Angela Couloumbis of Spotlight PA
More Stories from Spotlight PA
KALIM BHATTI / The Philadelphia Inquirer
As coronavirus hits home, Pa. GOP shifts messaging but still rejects mandates
by Cynthia Fernandez of Spotlight PA
Wolf temporarily suspends Pa. indoor dining, school sports
by Cynthia Fernandez of Spotlight PA and Jamie Martines of Spotlight PA
Pa. Gov. Tom Wolf tests positive for the coronavirus, other officials in quarantine
by Cynthia Fernandez of Spotlight PA and Angela Couloumbis of Spotlight PA
Joe Hermitt / The Patriot-News
Pa. lawmaker claims Capitol unsafe after fifth member tests positive for COVID-19
by Cynthia Fernandez of Spotlight PA
STEVEN M. FALK / Philadelphia Inquirer
Pa. House lawmaker tests positive for COVID-19, delaying legislation on election, rent relief
by Charlotte Keith of Spotlight PA and Cynthia Fernandez of Spotlight PA
Kalim A. Bhatti / Philadelphia Inquirer
Latest Pa. GOP attempt to strip Gov. Tom Wolf of his coronavirus emergency powers fails
by Cynthia Fernandez of Spotlight PA
KALIM A. BHATTI / For Spotlight PA
Thwarted at every turn, Pa. GOP lawmakers hatch new plan to curtail Wolf’s emergency powers
by Cynthia Fernandez of Spotlight PA
Office of Sen. Andrew W. Dinniman
Pa. lawmakers concerned ‘guidance’ for schools could open the door to COVID-19 lawsuits
by Cynthia Fernandez of Spotlight PA
Carolyn Kaster / AP
How arguments in Washington are holding up coronavirus relief in Pennsylvania
by Cynthia Fernandez of Spotlight PA
YONG KIM / Philadelphia Inquirer
Lawmaker mimics top health official’s call for transgender acceptance to defend not wearing a mask
by Cynthia Fernandez of Spotlight PA and Julia Shanahan for Spotlight PA
Spotlight PA relies on funding from foundations and readers like you who are committed to accountability journalism that gets results.
If you value this reporting, please give a gift today at spotlightpa.org/donate.
Special Projects & Investigations
This site is powered by Netlify
228 Walnut St., #11728
Could not load results. ${error.message}
Sign Up For Our Free Newsletters
Get every Spotlight PA story and
the best investigative journalism from across Pa.
PA Post (Daily): Top news every weekday morning, plus a daily puzzle.
The Investigator (Weekly): Best accountability journalism every Thursday, plus a weekly riddle.
PA Local (Weekly): A fresh look at the incredible people, places, and food of Pa. every Friday, plus events, guides, best-of, and more.