The 3rd U.S. Circuit Court of Appeals ruled that since the Governor´s administration’s stay-at-home orders, limits on crowd size and business closures have been lifted and are no longer in effect, there is “consequently no relief that this court can grant.”

According to 6acbc news, the Philadelphia-based appeals court also noted that state voters in May approved amendments to the state constitution that give lawmakers much more power over disaster declarations.

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The appeals court’s order instructed U.S. District Judge William Stickman IV to vacate his nearly year-old ruling that Wolf’s pandemic restrictions were overreaching and arbitrary and violated citizens’ constitutional rights. The appeals court had previously put the ruling on hold while the Wolf administration appealed.

As reported by usnews.com, Republican state lawmakers and many conservatives and business owners had railed against the state’s pandemic restrictions. They considered the measures excessive, inconsistent and unconstitutional. In May, Pennsylvania voters approved amendments to the state constitution that give lawmakers more say over the length and management of a disaster declaration.

“The parties agree that the governor’s orders are no longer in effect and that he has been stripped of his power to unilaterally act in connection with this pandemic,” the three-judge panel wrote. “Thus, the case is moot.”

Other federal and state courts had rejected various challenges to Wolf’s authority to impose public health restrictions in response to the pandemic.

Administration pleased

Wolf’s spokesperson, Lyndsay Kensinger, said Wednesday the administration was pleased by the decision to vacate Stickman’s ruling.

On the other hand, the plaintiffs’ attorney, Thomas W. King III, said “we disagree with the decision” and will appeal it to the U.S. Supreme Court.

Writing separately, 3rd Circuit Judge Kent Jordan said that while he agreed with the majority there is no longer an active legal dispute to resolve, he noted the Governor´s administration has said the constitutional amendments do not affect a state health secretary’s disease-prevention authority to issue mask-wearing and stay-at-home orders or shut down schools and businesses deemed nonessential.

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On July 14th, Mayor Kenney officially declared a moratorium on all big public events through February 28, 2021. On his cancellation list included events like the Broad Street Run, Made in America, Thanksgiving Day Parade and the Mummers Parade.

According to representatives of three prominent Mummers troupes, who spoke with Philly Mag on the condition of anonymity for themselves and their members the New Year´s Day Parade wil take plac despite this ban on major public events. “You’ll definitely see Mummers marching on New Year’s Day,” says one high-ranking member of a string band.

However, the event would have different characteristics. It seems that this Mummers Parade would present a less organized and more modest version. One Mummer said his group would most stick to the neighborhood where they are based, while another said his group and others will take to Broad Street as they do every year, albeit without the TV cameras, judges and prize money.

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The Mummers claim that the event is an exercise of their freedom of speech rights, which would make it exempt from the city’s moratorium on large public gatherings. Demonstrations and First Amendment-protected activities have continued to take place across the city during the public health crisis.

A political event

“The parade has always been a political event,” another anonymous Mummer said to Philly Mag. “And if there can be parties in the streets for Joe Biden and big demonstrations for this and for that, then they can’t stop the Mummers.”

Mayor Jim Kenney’s spokesperson, Mike Dunn, told Philly Mag that hile the City currently discourages large protests and parades, such as the Mummers “we will not stop them unless safety concerns are implicated.”

“The city is not currently issuing permits for special events or gatherings, but we are also not enforcing such permitting requirements,” he continued. “We are currently evaluating our permitting process and hope to announce changes by year’s end.”

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