Irwin, Export bars challenge covid fines, license suspensions
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Two local restaurant owners are asking a Westmoreland County judge to overturn fines and liquor license suspensions they incurred after they were accused of failing to follow covid-19 mandates.
Brandy’s on Main in Irwin and Jiggers Pub in Export claim health and safety orders instituted by former Gov. Tom Wolf and the state’s health secretary during the height of the coronavirus pandemic were unlawful and should not have been enforced, according to court documents.
After several months of lockdowns, the state allowed bars and restaurants to reopen in 2020 with a requirement that staff wear masks. Customers also were required to have face coverings when entering, leaving and walking throughout the businesses.
Both establishments received violations in 2020 and 2021 for failing to comply with that mandate. Brandy’s was cited with four violations resulting in $4,000 in fines and a 30-day suspension of its liquor license. Jiggers was fined $5,000 and issued a 30-day license suspension.
Brandy’s also was accused of serving food to a customer at the bar in late December 2020, after Wolf issued a second shutdown that stretched for an additional two months following another outbreak of the virus.
Investigators said no covid-19 cases were identified at either business.
Representatives from Brandy’s and Jiggers did not respond to requests for comment.
Brian Winter, the Allentown-based lawyer for both businesses, said more than 100 bars and restaurants throughout Pennsylvania have appealed fines and suspensions related to the covid mandates.
“We are challenging the legality of the governor’s order. The only state agency following through with any type of covid enforcement is the (Liquor Control Board),” Winter said.
Appeals will follow the legal arguments made in successful court challenges that invalidated the state’s masking requirement in schools and a ruling made in a lawsuit brought by Butler County that challenged the governor’s ability to issue extended health and safety mandates, Winter said.
An administrative law judge upheld the Brandy’s and Jiggers citations last fall, and the LCB voted at its March meeting to affirm the fines and suspensions against both businesses.
LCB spokesman Shawn Kelly said covid-related citations against 23 businesses were upheld by board members.
“Every case is individually decided on its merit,” Kelly said.
Pennsylvania’s covid restrictions that required mask wearing expired in June 2021.