Aug 21, 2020 3 min read

An attorney representing four counties in federal court obtained a copy of a confidential settlement between the state Department of Health and the operator of a car show that allowed crowds of people to attend the event during the novel coronavirus pandemic.

Attorney Thomas W. King III of Butler said Thursday, “I got it through a right-to-know (request) after I filed a motion in federal court asking Judge (William) Stickman to order them to give it to me.”

King sought information pertaining to the Carlisle automobile show, which was held in June in Cumberland County, central Pennsylvania. The Department of Health initially went to Commonwealth Court to halt it because it posed a threat to public health.

That the event was staged under confidential terms became an issue in the federal case filed in Pittsburgh by the four counties: Washington, Greene, Fayette and Butler.

“The attorney general asked for a conference with the judge and the AG’s office asked, even though we had the document, to seal it and not make it part of the public record. The judge denied it,” said King, who represents the four Western Pennsylvania counties in a federal suit against Dr. Rachel Levine, secretary of health, and Gov. Tom Wolf.

Stickman noted in an order he acted over the objections of the defendants, Wolf and Levine, according to the federal court docket.

The four counties’ federal suit argues that state officials’ shutdown orders violated the constitutional rights of Pennsylvanians and is asking that Wolf and Levine be barred from enforcing them.

The federal suit is also asking for an end to a waiver system that allowed some businesses, but not others, to remain open during the early months of the pandemic.

King claims the previously confidential settlement in Commonwealth Court concerning the car show deviates from restrictions imposed on other counties, businesses and Pennsylvanians.

Once the settlement was signed, the Carlisle car show, which is also referred to as a flea market, was allowed a greater indoor and outdoor occupancy than other comparable events, King contends.

There was a limit of 20,000 individuals on the outdoor occupancy in Carlisle, according to the agreement.

According to the settlement, some attractions were eliminated and it was to operate as a flea market.

Buildings on the 81-acre grounds were to hold no more than 250 people or 50% of maximum occupancy, according to what had been a four-page confidential agreement.

“I told the judge (Stickman) that every fair in the state was shut down, including all four counties, and that the Adios race was limited to 250 people.

“There were professional golf tournaments at Nemacolin that were not held, firemen’s events, and fundraisers at churches, all sorts of things. At high school sports, parents are not allowed to attend.

“They’re saying they have different standards for flea markets,” King said. “Every fair, every firemen’s group, should be outraged.”

The Washington County Fair would have been taking place this week, but harness racing and a youngsters’ market livestock show were the only fair events that actually came about.

Stickman has not yet decided the case-in-chief, but King said he is hopeful for a resolution by late August or early September.