Covid On Trial: Tunnelton Inn vs PA LCB

Statement of Interest

If you are a bar or restaurant/bar owner in Pennsylvania with an LCB license you now have an opportunity to assist your fellow restaurant/bar/business/musicians/staff/etc. (this may well apply to Hair Salons, Gyms, etc.) owners in getting out from under little Tommy Wolf’s “Covid Orders.”

The underlying basis for the Tunnelton case is that the “Covid” orders are unconstitutional: there is no “law” involved and the government cannot enforce anything but law.  The Tunnelton Inn's contention is Wolf simply made up “orders” and then tried to get everyone believe he made law without the PA Legislature.  

Now little Tommy himself refused to go along with losing his Covid powers in June, 2020 (see: https://www.pennlive.com/news/2020/06/lawmakers-vote-to-end-pennsylvanias-covid-19-emergency-disaster-but-gov-wolf-says-its-not-over.html)

Little Tommy's “Covid powers" come from a law that also allows the legislature to take them away by their vote - minus Wolf’s involvement.  Wolf argued successfully that "law" only occurs when both legislature and governor act together.  So, little Tommy, why doesn’t your standard apply to everyone else regarding Covid orders - they are not law if the legislature does not pass them (recall Wolf marching at a BLM rally when he had forbidden gatherings that large)?

Attached to this post is a “Verified Statement of Interest” - as a Pennsylvania Bar or Bar/Restaruant owner please consider signing it if you believe in law and the Constitution of the United States.

If you do sign it email (or a picture of it signed) it to Eric (see below).  You can also fax or USPS mail it as well.

The goal here is to convince the judge that a ruling is needed and not to let the PALCB simply walk away from the case.

Though understand: By them walking away the Tunnelton Inn wins.  And anyone else with a shutdown order can easily get into the same position (using Eric/EAT) to shut them down.

I believe the problem they face is should the PALCB lose then all of little Tommy’s orders will not only be unconstitutional (via the Stickman case brought by Butler County businesses) but also there will be case law showing they are not law.

This case is made possible by Entrepreneurs Against Tyranny (EAT https://www.facebook.com/eatfreepa) - See Facebook and "Taste of Sicily" - Taste of Sicily took the PA Health Department to court via EAT and won.

[[ COMMUNICATION FROM TUNNELTON INN LAWYER (Eric)  TO Entrepreneurs Against Tyranny (Mike) ]]]

Mike,

Please distribute this e-mail to anyone you think may be interested.

As we discussed, I represent Tunnelton Inn in Indiana County. Tunnelton Inn has given me permission to publicly discuss their situation.

Tunnelton Inn is owned by a married couple, Donna and Todd Kueny. Their liquor license is owned by a company- Falcornetix.

Tunnelton Inn has chosen not to follow  the COVID-19 orders. 

On November 2, 2020, the PLCB issued a 14 day suspension Notice to the Tunnelton Inn. On November 3, 2020, we filed an appeal to the Court of Common Pleas of Indiana County. The Court issued a supersedeas, which meant that Tunnelton Inn did not have to close. A trial is presently set for December 18, 2020.

On December 3, 2020, a received a call from PLCB who stated that they would be withdrawing their suspension notice. While that is a partial victory, it does not resolve the underlying legal question. Tunnelton Inn and I have discussed the situation and they would like to get the Court to rule on the underlying legal issues.

Even if a party tries to withdraw a case, it is still possible to get a court to rule on legal issues if you can demonstrate that an issue is of great public importance and is capable of repetition yet evading review.

I need to be able to demonstrate to the Court in Indiana County that this is an issue of great public importance. The court could still use its discretion and refuse to hear the issue, but I want to give the Court as little wiggle room as possible.

I believe the best way to do so is to get as many liquor license holders as possible to sign a statement that this is of importance to them.

I am attaching a proposed verification form. Could you please circulate this to any  interested parties and return to me. This can be returned to me by fax or e-mail.

This form is not legally binding in any way. All that it states is that the signer understands the issue, believes it to be important and would like the court to rule on it.

Please have people contact me with any questions.

Eric Winter, Esq.
Prince Law Offices, P.C.
646 Lenape Rd
Bechtelsville, PA 19505
888-313-0416
610-845-3903 (fax)