Friday, April 3, 2020

Lawsuits Swell as Owners, From Gun Shops to Golf Courses, Demand to Open

Blueberry Hill Public Golf Course & Lounge became a community institution almost the day it opened in western Pennsylvania in 1961, with one generation of players succeeding the next on the wooded, undulating course bordering the Allegheny National Forest.

It had its share of misfortune — last spring a tornado roared through its 400 acres, leaving $100,000 in damages across its 18 holes. With spring now budding early, Jim Roth, the general manager, anticipated a boom year even as coronavirus fears escalated — people still needed exercise, didn’t they?

“I thought I had a little bright light starting to shine, then somebody turned the light bulb off,” Mr. Roth said.

That somebody, as far as he was concerned, was Gov. Tom Wolf of Pennsylvania. On March 19, Mr. Wolf introduced an initiative to categorize businesses as “life-sustaining” or not, shuttering golf courses among the latter.

So Mr. Roth sued, joining a lawyer, a realtor, a logger, a politician and a laundry owner in demanding that the governor not hold absolute power to open and shut segments of the Pennsylvania economy like a spigot.

“I do not understand why Mr. Wolf is able to deem this business life-sustaining and this one not,” Mr. Roth said. “I think the governor might have overstepped his boundaries.”

It is a growing refrain across the United States as more governors invoke their “police powers” to take extraordinary measures to protect public health. Some Americans, many hoping to protect their livelihoods and others suspicious of such sweeping powers, are turning to the courts.

by Neil MacFarquhar, NY Times | Read more:
Image: Libby March for The New York Times
[ed. Our local course officially closed a couple weeks ago but still let golfers out for free, allowing for exercise and much needed outdoor relief. Everybody learned to respect social distancing (6 ft. or more), no carts were rented, just walking, and all pins were pulled so no one would repeatedly touch anything. Nevertheless, a few days ago a new guidance proclamation (pdf) came out stating that among other activities, "neither the operation nor enjoyment of a golf course qualifies as an essential business or activity." This follows the closing of state parks, trails, and other forms of outdoor recreation (even fishing). People are eventually going to go nuts. I've agreed with just about everything our Governor has done so far, but this seems like a little too much.]