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Cumberland County DA: Only 'most egregious' violations of Gov. Wolf's COVID-19 orders will be prosecuted

In a statement Monday, M.L. Ebert Jr. said his office will prosecute only violations that "pose a severe and immediate risk to public safety and health."

CUMBERLAND COUNTY, Pa. — Cumberland County District Attorney M.L. Ebert Jr. said Monday that he will prosecute only the "most egregious" violations of COVID-19 orders.

Such violations are those which "pose a severe and immediate risk to public safety and health," Ebert said in a statement released Monday.

The full statement appears below.

"After careful review of the current status of the COVID-19 epidemic, the Cumberland County Office of the District Attorney declares that only the most egregious violations of the COVID-19 restrictions will be investigated and potentially prosecuted. 

"Such egregious violations are those which pose a severe and immediate risk to public safety and health. This has basically been the procedure in Cumberland County since I issued my policy of March 23, 2020. You will note that the procedure outlined in that policy was a civil procedure not a criminal one.

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"To date there have been absolutely no criminal prosecutions of any businesses or individuals in Cumberland County. This is a credit to the people of Cumberland County doing what needed to be done to fight this virus. 

"Having served as a Common Pleas Judge for 12 years prior to returning to the District Attorney’s Office, I feel an obligation to point out certain considerations. 

"First of all, both the Pennsylvania Supreme Court on April 13, 2020 and the United States Supreme Court on May 6, 2020 rejected challenges to Governor Wolf's shutdown order. 

"Second, the fact that there will be basically no criminal prosecutions for violation of the COVID-19 restrictions in Cumberland County, does not foreclose the fact that individuals holding state licenses to conduct business, such as barbers, realtors, bar owners, etc. are still subject to state enforcement action regarding those licenses. 

Third, one must understand that the policy of the Cumberland County District Attorney’s Office has no effect whatsoever on whether or not the Pennsylvania State Attorney General may file criminal prosecutions for violations of the COVID-19 restrictions. 

"Finally, in this litigious society, a business owner must be aware that should someone claim to contract COVID-19 in their establishment they could be subject to civil tort lawsuits. 

"Accordingly, it may be prudent to seek legal advice before reopening a business."

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