PA seeks injunction against 22 restaurants it says defied COVID-19 mitigation orders

HARRISBURG, Pa. (WJAC) The Department of Health and Commonwealth of Pennsylvania are taking legal action against 22 restaurants they say refused to close their dining rooms during the Wolf administrations temporary COVID-19 restrictions to prevent holiday spread.

The Department of Health and Commonwealth of Pennsylvania are taking legal action against 22 restaurants they say refused to close their dining rooms during the Wolf administration’s temporary COVID-19 restrictions to prevent holiday spread.

The temporary restrictions went into effect Dec. 12 and are set to expire Monday.

Under the order, restaurants and bars are prohibited from offering dine-in services at their establishments.

The Department of Health has petitioned Commonwealth Court through the Attorney General’s office Dec. 23, seeking an injunction against restaurants that they say continued to offer dine-in services even after receiving state closure orders.

Four local restaurants were named in the petition including Mike’s Place in Clearville, Fat Boys Summit Diner in Somerset, Hot Dog House in Bellefonte and the Rt. 220 Diner in Bedford.

In the petition, the Department of Health says the mitigation efforts were put into place to save lives and reduce the number of deaths caused by COVID-19.

“When individuals choose to ignore those safeguards—by conducting business with no social distancing in place and holding indoor, in-person dining contrary to those orders—they put the lives of Pennsylvanians at risk and threaten to reverse the significant progress that has been made to resolve this crisis,” the petition reads. “This dangerous conduct must be stopped.”

The petition outlined the various ways the restaurants have violated the state’s orders.

Officials say Hot Dog House and Fat Boys Summit Diner continued to host in-person, indoor dining.

Mike’s Place continued to host indoor dining while also failing to maintain a social distance of six feet between customers at check-out and counter lines, and hasn’t separated employees from customers using physical barriers, according to the petition.

Officials say Rt. 220 Diner refused to comply with the state’s orders of making employees wear masks, failed to put barriers between tables and did not close their dining room.

According to the petition, the Department of Health is seeking compensation for damages including costs related to enforcing the restrictions.

They’re also seeking punitive damages for the “willful and wanton violation of the Order,” and all damages permitted by law.

The 22 restaurants named in the petition include:

  • Olde Hickory Grill is a restaurant located at 709 Olde Hickory Road in Lancaster, Pennsylvania.
  • County Fare Restaurant is located at 498 East Lincoln Avenue in Myerstown, Pennsylvania.
  • SNMA Reitz is doing business as “230 Cafe” at 398 Second Street in Highspire, Pennyslvania.
  • Juke Box Café is a restaurant located at 535 South Reading Avenue in Boyerstown, Pennsylvania.
  • Letterman’s Diner is located at 242 West Main Street in Kutztown, Pennsylvania.
  • Mad Dogs Kutztown is a restaurant located at 100 Constitution Boulevard in Kutztown, Pennsylvania.
  • Quality Shoppe is a restaurant located at 45 Constitution Boulevard in Kutztown, Pennsylvania.
  • Oley Turnpike Dairy Diner is located at 6213 Oley Turnpike Road in Oley, Pennsylvania.
  • Frank’s Pizza is a restaurant located at 2550 Perkiomen Avenue in Reading, Pennsylvania.
  • Deluxe Restaurant is located at 2295 Lancaster Avenue in Shillington, Pennsylvania.
  • Mad Dogs Hot Dogs Macungie is a restaurant located at 14 North Poplar Street in Macungie, Pennsylvania.
  • Thompsontown Corner Deli is located at 217 East Main Street in Thompsontown, Pennsylvania.
  • County Line Café is located at 3806 Perry Highway in Hadley, Pennsylvania.
  • 17. Respondent Gianna’s Traditional Pizza is located at 1187 Perry Highway in Meadville, Pennsylvania.
  • Mike’s Place is a restaurant located at 8301 Clear Ridge Road in Clearville, Pennsylvania.
  • The Greenville Junction is a restaurant located at 36 Hadley Road in Greenville, Pennsylvania.
  • Sharky’s Café is located in Sharky’s Plaza at 3960 State Route 30 in Latrobe, Pennsylvania.
  • Fat Boys Summit Diner is located at 791 North Center Avenue in Somerset, Pennsylvania.
  • Dutch Oven is a restaurant located at 110 Liberty Street in Jamestown, Pennsylvania.
  • Westy Bar & Grill is located at 279 West State Street in Hamburg, Pennsylvania.
  • Hot Dog House is located at 745 Willowbank Street in Bellefonte, Pennsylvania.
  • Rt. 220 Diner is located at 4292 Business US 220 in Bedford, Pennsylvania.
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