The apparently futile case of the Crack’d Egg (Update #2)

Updates

  1. Originally published, April 2, 2021, 3:53 pm:

  2. April 2, 2021, 6:00 pm:

    • I do not have my car back. I called in to find out if I should start heading that way, and the lady who answered told me the car was on “hold.” I do not know what for. The service writer has not called me back. I still have the rental car and am about to head out to do a bit of grocery shopping.

      This seems like a night for that sort of medicine which, in Pennsylvania, but no longer in New York or New Jersey, you need a card for.


There is a new blog post entitled, “The faith of zealous skepticism

Pandemic

Erin Banco, “CDC: Vaccinated Americans can now travel,” Politico, April 2, 2021, https://www.politico.com/news/2021/04/02/cdc-vaccinated-americans-can-now-travel-478928


Allegheny County

In our last installment, the Crack’d Egg diner was back at it, trying yet again to open without complying with COVID-19 mitigation measures,[13] after having initially remaining open and flaunting their refusal to comply,[14] trying and failing to evade the orders with a bankruptcy filing,[15] closing rather than complying with the rules,[16] trying and finally failing to get an injunction against the order to comply with the rules.[17] Unsurprisingly, this didn’t go well; the judge was not at all buying the Crack’d Egg’s expectation that they will prevail on appeal.[18]

If there’s some secret sauce to the restaurant’s argument, it has yet to be seen. Both the Pennsylvania and U.S. Supreme Courts have rejected challenges to Governor Tom Wolf’s mitigation orders,[19] so it’s hard to see how the Crack’d Egg’s appeal accomplishes much. A federal judge handed down a ruling that would be much more to the restaurant’s liking,[20] but it’s unlikely to withstand appeal,[21] and indeed, an appeals court rather promptly stayed it, allowing Wolf’s restrictions to go back into effect.[22]

Even as the restaurant pursues what must surely be a very expensive legal case, it claims it can’t afford to remain closed. The judges all seem unimpressed that the restaurant is unwilling even to go half way here, trying to self-certify, for example, which would allow it to open at 50 percent capacity rather than 25 percent, refusing to require masks, saying even the upcoming 75 percent capacity limit is too restrictive.[23] I’m thinking the lawyer must have taken the case on a contingency fee or perhaps even pro bono, but then you’d think he must be a whole lot more sure of victory than it seems like he can possibly be. Or that the lawyer is a shyster, sucking the restaurant dry while promising a highly implausible dream result. All I can really say is that the longer this goes on, the stranger it looks, at least to me.

But then this is Pennsylvania, er, Pennsyltucky.[24] And I’m from California.

Megan Guza, “Judge: Crack’d Egg can’t flout covid rules while waiting to appeal ruling,” Pittsburgh Tribune-Review, April 2, 2021, https://triblive.com/lifestyles/food-drink/judge-crackd-egg-cant-flout-covid-rules-while-waiting-to-appeal-ruling-on-covid-rules/


  1. [13]Paula Reed Ward, “Crack’d Egg asks court to allow maskless customers in restaurant,” Pittsburgh Tribune-Review, March 29, 2021, https://triblive.com/lifestyles/food-drink/crackd-egg-asks-court-to-allow-maskless-customers-in-restaurant/
  2. [14]Paula Reed Ward, “Crack’d Egg flouts shutdown as deputies quarantined for dining, taking photos with owner,” Pittsburgh Tribune-Review, December 14, 2020, https://triblive.com/local/south-hills/crackd-egg-flouts-shutdown-as-deputies-quarantined-for-dining-taking-photos-with-owner/
  3. [15]Paula Reed Ward, “Allegheny County argues Crack’d Egg can’t hide from covid restrictions under bankruptcy filing,” Pittsburgh Tribune-Review, January 5, 2021, https://triblive.com/local/south-hills/allegheny-county-argues-crackd-egg-cant-hide-from-covid-restrictions-under-bankruptcy-filing/; Paula Reed Ward, “Judge rules against Crack’d Egg, health department case can proceed,” Pittsburgh Tribune-Review, January 7, 2021, https://triblive.com/local/south-hills/judge-rules-against-crackd-egg-health-department-case-can-proceed/; Paula Reed Ward, “Judge to rule on Crack’d Egg restaurant closure order next week,” Pittsburgh Tribune-Review, January 29, 2021, https://triblive.com/local/south-hills/judge-to-rule-on-crackd-egg-restaurant-closure-order-next-week/; Paula Reed Ward, “Crack’d Egg restaurant asks to withdraw bankruptcy filing,” Pittsburgh Tribune-Review, February 2, 2021, https://triblive.com/local/south-hills/crackd-egg-restaurant-asks-to-withdraw-bankruptcy-filing/
  4. [16]Paul Martino, “After Defying Health Department, Crack’d Egg Follows Judge’s Ruling And Closes,” KDKA Television, February 4, 2021, https://pittsburgh.cbslocal.com/2021/02/04/crackd-egg-closes/; Paula Reed Ward, “Judge orders Crack’d Egg to follow covid rules or close,” Pittsburgh Tribune-Review, February 3, 2021, https://triblive.com/local/south-hills/judge-orders-crackd-egg-to-follow-covid-rules-or-close/
  5. [17]Paula Reed Ward, “Crack’d Egg seeks stay to injunction while appeal is heard,” Pittsburgh Tribune-Review, February 8, 2021, https://triblive.com/local/south-hills/crackd-egg-seeks-stay-to-injunction-while-appeal-is-heard/; Paula Reed Ward, “Judge rules against Crack’d Egg restaurant: ‘They’ve largely chosen their fate here,’” Pittsburgh Tribune-Review, February 17, 2021, https://triblive.com/local/south-hills/judge-rules-against-crackd-egg-restaurant-theyve-largely-chosen-their-fate-here/
  6. [18]Megan Guza, “Judge: Crack’d Egg can’t flout covid rules while waiting to appeal ruling,” Pittsburgh Tribune-Review, April 2, 2021, https://triblive.com/lifestyles/food-drink/judge-crackd-egg-cant-flout-covid-rules-while-waiting-to-appeal-ruling-on-covid-rules/
  7. [19]Elizabeth Hardison and Stephen Caruso, “Pa. Supreme Court throws out GOP challenge to Wolf’s COVID-19 emergency order,” Pennsylvania Capital-Star, July 1, 2020, https://www.penncapital-star.com/covid-19/pa-supreme-court-throws-out-gop-challenge-to-wolfs-covid-19-emergency-order/; Greg Stohr, “Supreme Court Rejects Challenge to Pennsylvania Shutdown Order,” Bloomberg, October 5, 2020, https://www.bloomberg.com/news/articles/2020-10-05/supreme-court-rejects-challenge-to-pennsylvania-shutdown-order
  8. [20]Paula Reed Ward, “Federal judge rules Gov. Wolf’s shutdown orders were unconstitutional,” Pittsburgh Tribune-Review, September 14, 2020, https://triblive.com/local/regional/federal-judge-rules-gov-wolfs-shutdown-orders-were-unconstitutional/
  9. [21]Jamie Martines and Paula Reed Ward, “Why the ruling against Wolf’s covid-19 restrictions faces long odds on appeal, explained,” Pittsburgh Tribune-Review, September 17, 2020, https://triblive.com/news/pennsylvania/why-the-ruling-against-wolfs-covid-19-restrictions-faces-long-odds-on-appeal-explained/
  10. [22]Paula Reed Ward, “Appeals court allows Gov. Tom Wolf, state to restore covid crowd restrictions,” Pittsburgh Tribune-Review, October 1, 2020, https://triblive.com/news/pennsylvania/appeals-court-allows-pennsylvania-to-restrict-crowd-size/
  11. [23]Megan Guza, “Judge: Crack’d Egg can’t flout covid rules while waiting to appeal ruling,” Pittsburgh Tribune-Review, April 2, 2021, https://triblive.com/lifestyles/food-drink/judge-crackd-egg-cant-flout-covid-rules-while-waiting-to-appeal-ruling-on-covid-rules/; Paula Reed Ward, “Judge rules against Crack’d Egg restaurant: ‘They’ve largely chosen their fate here,’” Pittsburgh Tribune-Review, February 17, 2021, https://triblive.com/local/south-hills/judge-rules-against-crackd-egg-restaurant-theyve-largely-chosen-their-fate-here/; Paula Reed Ward, “Crack’d Egg asks court to allow maskless customers in restaurant,” Pittsburgh Tribune-Review, March 29, 2021, https://triblive.com/lifestyles/food-drink/crackd-egg-asks-court-to-allow-maskless-customers-in-restaurant/
  12. [24]Brian Lauskies, “Pennsyltucky,” Urban Dictionary, September 26, 2006, https://www.urbandictionary.com/define.php?term=Pennsyltucky

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