Allentown Marks Police Week

From Allentown: Allentown's Police Department honored deceased officers today during a 30- minute ceremony outside City Hall as a part of National Police Week. Mayor Ray O’Connell said he is very thankful for their service and they deserve recognition for “outstanding acts of valor, bravery and heroism.” Sixty-nine officers have given their lives in the line of duty so far in 2020, including those who were victims of COVID-19.

Police Chief Glenn Granitz Jr. said the COVID-19 pandemic has brought many new developments to members of the department. “I want you to imagine the many new rituals that our officers and their families have been accustomed to in order to ensure their health and continued service to our city. There are men and women changing in garages, sleeping in different rooms, and maintaining distance from their loved ones and children over the past month.”

A moment of silence was observed for retired officers who have passed including Retired Chief / Former City Council President David Howells Sr and retired Detective Sergeant Michael Pummer. Additionally, this year the department suffered the loss of active duty K9 Harley.

While all officers could not be individually honored today, Granitz introduced 10-year-old Jocyan Velez and his mother, Tayanna, who personally thanked Officer Chad Mertz for his rescue of the drowning child and for administering CPR seven years ago in the Jordan Creek. Granitz said that according to Jocyan’s building principal, he is one of the most helpful students in the school.

Granitz Jr. said 78 officers were honored with commendations over the past year

Trolls

I have been blogging since 2006, and though you may find this hard to believe, I sometimes piss people off. I've done it with people from all sides of the ideological spectrum. Occasionally, I run into people who will attempt to hijack this blog and load it with comments that I've repeatedly deleted. This prevents you from adding your own comments, but these trolls have no regard for anyone's views but their own. On weekends, I sometimes enable comment moderation so I can relax without dealing with the childish nonsense.

Yesterday, a politically correct and somewhat condescending elitist attempted to hijack this blog with what were probably several hundred comments. He'd throw the gates to Northampton County's jail open and release criminals so they don't get Covid-19, but is all for arresting small business owners who violate Governor Tom Wolf's shutdown in an attempt to put food on the table for their families. If they starve, so what.

I called him a good little Nazi.

And he is.

Eventually, I started to delete him, and he responded by attempting to hijack this block by posting the same three or four comments over and over, hundreds of times. I deleted them all.

In the evening, I enabled comment moderation only so that I could write without interruption.

You will no doubt see this troll today. Ignore him, just like you ignore the crazy idiot who incessantly attacks Judge Sam Murray.

I will delete the trolls when I get to them. I will enable comment moderation only when they interfere with my ability to write or research. They are obviously mentally ill.

Pa Nat'l Guard Completes Gracedale Mission, Commends RN

The Pennsylvania National Guard has completed its mission at Gracedale. Over two weeks, 34 soldiers assisted primarily with nonCovid-19 residents. The "medical stike team" included 20 medics working as CNAs, one RN, 10 general purpose personnel and three squad leaders.

On their departure, they presented Teresa Bauer, a Registered Nurse at Gracedale, with a Certificate of Appreciation in recognition for all her “support tutelage and
supervision."

And guess what? One of these guards is now a Gracedale employee!

Nessun Dorma - Interesting Rendition

Puccinni's Nessun Dorma ("None Shall Sleep") is perhaps the greatest aria ever written. Although this rendition is mostly a Coronavirus parody, I like the lyrics reminding us that, when it's over, "We'll celebrate the things we took for granted, all over the planet." It ends with "Vincerò! Vincerò!" (I shall win).

Nessun Dorma, incidentally, is a love song. A prince falls in love with a Chinese princess at first sight, but the Principessa plays hard to get and spurns our protagonist even after he wins a contest in which the prize in her hand in marriage. He offers her an out. If she can guess his name before dawn, she can kill him (she is a cold-hearted woman). She decrees that None Shall Sleep and sets about torturing people in an effort to learn the identity of this mystery man. I guess that's the way theyu roll in China. The prince, who is a nicer person than she, reveals himself after she knocks off a few people.

Does she execute him?

Do they marry and live happily ever after?

No, they contract Covid-19 and die in a nursing home.

Dr. Steve Thode: Daily Covid-19 Numbers Contaminated

Dr. Steve Thode, the retired Director of Real Estate Studies at Lehigh University, has been crunching the daily numbers from the Covid-19 crisis. He has already predicted we will be locked down until sometime in July if Governor Tom Wolf insists on following his own formula. But it increasingly appears that the daily data being collected is contaminated. Here's what Dr. Thode has to say concerning today's numbers, which you can review yourself at the left sidebar.

The various daily state, PSU and county reports are beginning to look like toxic waste dumps.

Weird numbers all over the place:

NorCo reported 27 new deaths yesterday after reporting 0 deaths the previous 5 days. I know the coroner's office is responsible for reporting this. Gimme a break! 0 for five straight days, then 27 in one day? BTW, NorCo's daily reported deaths do not correspond to the state's figures for NorCo for any of the last 5 days.

The state reported today that the number of new cases in Wayne County was -10. Looks like the state is using the same PSU undergrads to record data for them. (Blogger's Note: PSU has admitted to using undergrads who have erroneously reported negative numbers) 

Meanwhile, the state reported 137 new deaths today after reporting only a total of 118 new deaths the previous 3 days combined!

If the state's report is to be believed, more than 1 in 30 nursing home residents has died from COVID-19. A week ago it was 1 in 38. Maybe the governor's metric to go to "green" is when we have killed off all the nursing home folks.

Finally, if the state's report is to be believed, the positive test rate for the Big 10 Northeast has been below 10% for each of the last three days. The Big 10 Northeast had not had a single day with a positive test rate below 10% ever before, and was above 17% on May 10.

I think I need to start wearing a HAZMAT suit when I'm collecting the data.

AG Opens Criminal Investigation Into Nursing Homes

Pennsylvania Attorney General Josh Shapiro has announced a criminal investigation into possible criminal neglect at Pennsylvania's nursing homes, where the death toll from Covid-19 is an astonishing 68.6%.

The Pennsylvania Department of Health has the responsibility of regulating and licensing nursing homes, but suspended its annual surveys as a result of the pandemic.

Health Secretary Rachel Levine in fact directed nursing homes to accept new residents who tested positive for Covid-19, despite objections from the American Health Care Association that the virus would spread like a California wildfire.

And so it did.

Amidst calls for her resignation, Dr. Levine yesterday announced sweeping changes at the Commonwealth's embattled nursing homes, to include the testing of all residents and staff.

AG Shapiro has established a public email for reports of neglect. It's neglect-COVID@attorneygeneral.gov.

NorCo and Easton Hospital To Continue Drive-Thru Covid-19 Testing Until May 22

NorCo Executive Lamont McClure and Easton Hospital have agreed to continue Covid-19 testing until May 22. Hours of operation are Monday through Friday, from 10:00AM – 4:00PM, in the main parking lot at Easton Hospital, 250 S 21st Street, Easton, PA 18042. The risk of viral transmission at a drive-thru site is much lower than at a walk-in clinic. Thus far, 280 NorCo residents have been tested.

The reason for this testing, which is funded under the CARES Act, is to persuade Governor Tom Wolf to re-open the County. "“We can’t reopen our county until we know how prevalent the virus is in our community," explained McClure.

Only residents from Northampton County will be accepted for testing and they must show at least one of the following CDC recognized symptoms of Covid-19 to be eligible: fever, dry cough, shortness of breath, chills, muscle pain, headache, sore throat or loss of taste and/or smell. A prescription from a doctor is not required. Although insurance is not required to be tested participants should bring a photo ID and their insurance card, if they have one, with them.

President Judge Koury Rises to the Challenge

When we think of first responders, we usually think of firefighters, police officers and EMTs. But since the Covid-19 crisis began, we've come to realize that there are many first responders, from grocers to gas stations to druggists. I would add one more name to the list - President Judge Michael J. Koury, Jr.

Since the Covid-19 crisis began, Judge Koury has shouldered the burden for the court. He and Judge Abe Kassis have together handled all the motions and emergency petitions. Don't take my word for it. Here's what another jurist, the Hon. John Morganelli, has said: "Judge Koury has done a tremendous job navigating the Coronavirus pandemic and is doing his best to keep our county court functioning. Judge Koury has issued 2 lengthy orders, the most recent being 44 pages, that rearranges our court calendar and keeps our court open for emergencies. But most impressive, is that he is singlehandedly sitting in court himself to hear emergency matters every day. Judge Koury, thank you for your leadership in these difficult times."

Now let me tell you a quick Judge Koury story. His late and sorely missed father, Michael Koury, was at one time athletic director and head coach of Allentown Central Catholic High School's boys' basketball team. This was before the three-point shot. He instilled an aggressive defensive mentality into his teams that has continued even until today. During those days, Coach Koury would bring his son Michael to the games. He was Central's mascot!

So always be nice to mascots.

What I miss most about the Covid-19 crisis is the opportunity to watch high school and college basketball.

What's It Like Being a CO at the Jail During Covid-19?

Northampton County reported yesterday that seven inmates and seven staffers have tested positive for Covid-19. Fortunately, six of the seven inmates have successfully completed quarantine, while five of the staffers are back on the job. At Thursday night's Council meeting Executive Lamont McClure was highly complimentary of the way corrections officers have stepped up since this crisis began. Their "can do" attitude no doubt influenced his decision to award hazard pay to them, Gracedale employees and other county personnel who come into contact with Covid-19.

Here's how one corrections officer has described the experience.

"I'm a Corrections Officer at the prison. Despite the risks we are showing up and doing our job. When there is a lockdown for as long as we've had, tensions usually rise and trouble is inherent. Amazingly we have kept control and that is also a credit to the inmates. We didn't ask for hazard pay but we sure as hell won't refuse it. I live within my means with my regular rate even though my wife lost her job due to the pandemic. I'll gladly sacrifice my hazard pay if only things would get back to normal. This virus poses a far greater danger in here than anything I've ever dealt with within these walls. I just want to get through this and feel safe again. But for now, sadly this is the new normal."

I am so impressed by the professionalism and quiet courage displayed by this officer.

Do You Have What It Takes to Be a NorCo Poll Worker?

Though the courthouse is still closed to the general public, I was allowed inside on Monday. That's because I'm a very special person - a poll worker. I was really looking forward to a class on pole work and was loaded up with dollar bills. But I was disappointed. Instead of seeing this:

I ran into this:

"What's that doing here?" Administrator Charles Dertinger said when he saw me and, to his credit, had me tossed. But I was able to sneak back in through a very clean air duct.

Unfortunately, instead of pole training, the class I attended was poll training. To be specific, it was regarding the epollbook that comes into play on June 2.

Voter Registrar Amy Cozze and her Deputy, Amy Hess, taught us how to use what is essentially a glorified iPad. It seems really easy.

What could possibly go wrong?

Cozze also told me that her office has now processed 30,000 requests for mail-in ballots, and is receiving 800 requests per day.

She added that, after Governor Tom Wolf on May 8 extended the shutdown until June 4, she lost about 30 pollworkers. Many of them are elderly and are reluctant to risk themselves while we are under quarantine. So despite best efforts, we might go into the June 2 primary a little light on manpower.

If you're one of the many people out of work right now, you could work the polls on June 2. If you have questions about it, contact the Northampton County Voter Registration office at (610)829-6260. The only requirement is that you be a registered voter somewhere within the state. The pay is $175 for a poll worker and $200 for a judge. It is a very long day, but is good money if you're unemployed.

NorCo Has Paid $572,000 in "Hazard" Pay to Workforce

Northampton County Executive Lamont McClure reported to County Council on May 7 that the County has been paying  "hazard" pay some employees to compensate them for possible exposure to Covid-19. According to Fiscal Affairs Director Steve Barron, this money is coming directly from the county coffers. While the County will seek reimbursement, it's unclear at this juncture whether the federal government intends to provide any grants at all to state or local government. McClure nevertheless feels that this extra compensation is the right thing to do. It is going to corrections officers, Gracedale, juvenile justice workers and human services staff whose work puts in direct contact with Covid-19.

This hazard is a 20% on top of base pay. It's 25% for working in an area exposed to Covid-19. It's 30% for the isolation unit at Gracedale,

Under the emergency powers he has been given, McClure has the power to increase wages where he sees fit without getting Council approval. But he did report his action. 

Lehigh Valley DAs Outline Prosecution Policy for Wolf Shutdown Violations

Yesterday, after first making sure I had no outstanding warrants, I asked Lehigh County DA Jim Martin and NorCo DA Terry Houck to provide me with their policy concerning any criminal prosecutions for any violations of Governor Tom Wolf's lockdown. Both gave me very thoughtful and well-informed answers. Let me share them both. Though they have not spoken to each other about this topic and belong to different parties, their positions appear to be pretty much the same. This is likely because both are professional prosecutors, not politicians.

Lehigh County DA Jim Martin: There have been no criminal prosecutions in Lehigh County of which I am aware. The sections cited by the Governor as “…the most directly applicable provisions for enforcement of the (his) Orders.” are found at 71 P.S. Sec. 1409 and 35 P.S. Sec. 521.20. These are both summary offenses. The District Attorney, by statute, prosecutes only misdemeanor and felony offenses. The police would issue Summary Citations and prosecute the case. The DA would only get involved if there was an appeal to court from the MDJ’s [Magisterial District Judge's] finding of guilt.

There is a suggestion that non-compliance could give rise to a prosecution under 18 Pa.C.S. Sec. 5101 Obstruction,a misdemeanor. That has not occurred. And, I think that is a stretch.

My suggestion to the police in Lehigh County is that the issuance of Citations is discretionary with the officer; that a warning should be issued first; and, that before issuing a misdemeanor complaint, they should consult with the duty ADA. I am not aware that any such consultation has taken place.

Northampton County DA Terry Houck: "There have been no criminal prosecutions (yet) that I am aware of in NORCO.

I am treating this pandemic like the crisis it is. I recognize the need for people to get back to work. Many people are suffering and I get it. I have friends and family that are out of work; I also have friends and family that have contracted this virus. With that said, I believe some people are attempting to make this a political opportunity, and I will not be part of that.

In mid-March, Governor Wolf ordered all non-life sustaining businesses to close in response to COVID-19 and public safety concerns. To enforce this order, law enforcement can issues citations to business owners under 35 P.S. § 521.20(a) (Disease Prevent and Control Law of 1955) and/or 71 P.S. § 1409 (Administrative Code of 1929). Both of these provisions are summary offenses, punishable by a fine and/or incarceration. As you know, these offenses are handled by Magisterial District Judges, as they are courts of final authority in these matters. Summary matters do not need District Attorney approval.

PSP was given guidance, which was then shared with local law enforcement agencies, which recommends that when law enforcement receives a complaint, it obtains pertinent information relating to the business and then verifies whether the business qualifies as “life sustaining.” If the business does not qualify, law enforcement is to verify whether the business is open to the public. If the business is open in violation of Governor Wolf’s order, the business is to be contacted and advised of the requirements of the order. At that time, the business should also be warned that future violations may result in a citation. If the business again fails to comply, the business should be warned that continued violations of Governor Wolf’s order will result in enforcement action. Subsequent violations will result in the issuance of citation(s). In sum, businesses who are in violation of Governor Wolf’s order should receive two warnings prior to a citation being issued.

Today [May 11], Governor Wolf held a press conference addressing the issue of reopening business and counties. Governor Wolf stated that he has no plans to sue counties who defy his orders or to ask the Attorney General’s Office to step in and prosecute violations where local District Attorney’s Offices refuse to do so. However, he made several threats during his press conference to both local counties and businesses. First, he said that discretionary funding may be withheld from counties who operate “illegally” during the pandemic. He also threatened that businesses who reopen early are jeopardizing their insurance, certificates of occupancy, liquor licenses, and health department certificates. He also stated that local DAs who are instructing police not to enforce his orders are hurting everyone in Pennsylvania and noted again that even if those businesses avoid prosecution by local police, they are risking their occupancy and health certificates.

Approximately a month after this order was issued, Governor Wolf issued another order that outlines the protocol that life-sustaining businesses that remain open are required to follow. This includes requiring employees and customers to wear masks, setting forth cleaning procedures, staggering work schedules, limiting the number of employees in common areas, holding meetings virtually if possible, and limiting occupancy, among other requirements. These requirements are also enforceable under the statutes discussed above.

It is worth noting that, as of Sunday, May 10, 2020, PSP had issued 312 warnings related to Governor Wolf’s business-related COVID-19 orders and only one citation had been issued.

Given the lack of citations across the state, prosecuting businesses who re-open does not seem like a particularly pressing issue at this time. While I believe that the guidance provided by the Governor seems to be frequently changing and not entirely clear, I am not sure that a blanket prohibition on citations is wise. I think that multiple warnings should be the first approach. Further, I think our Office is within its purview if we chose not to prosecute businesses simply for reopening. However, I do not think it would be smart to prohibit local police from issuing citations entirely. While I am less concerned about businesses simply being open, I do have concerns about them not following the proper protocols, such as properly cleaning and requiring masks to be worn. If a business is truly operating in a way to jeopardize public safety, law enforcement should have some authority to take action (if warnings do not remedy the problem).

Another important issue of note given today’s press conference by Governor Wolf is that, if our Office decides not to issue any citations, it should be made clear we (Office of the District Attorney) do not have control over the Liquor Control Board, the Department of Health, or other state agencies. Given Governor Wolf’s threats about pulling health and occupancy certificates as well as liquor licenses, I think we should be careful about businesses thinking we are guaranteeing that there will be no repercussions should they reopen. While our office can decline to prosecute citations issued by the police, we have no authority in the other areas mentioned by Governor Wolf.

Is Trump Coming to LV This Thursday?

A friend of mine - a private pilot - just received notice from the FAA of flight restriction on Thursday for an impending visit from President Donald Trump. There will be a 10-mile radius no-fly zone. I caution that neither my friend nor I know for sure.

Here's part of the notice:

No pilots may operate an aircraft in the areas covered by this NOTAM (except as described). Except as specified below and/or unless authorized by ATC in consultation with the air traffic security coordinator via the domestic events network (DEN): A. All aircraft operations within the 10 NMR area(s) listed above, known as the inner core(s), are prohibited except for: Approved law enforcement, military aircraft directly supporting the United States Secret Service (USSS) and the office of the President of the United States, approved air ambulance flights, and regularly scheduled commercial passenger and all-cargo carriers operating under one of the following TSA-Approved standard security programs/procedures: aircraft operator standard security program (AOSSP), full all-cargo aircraft operator standard security program (FACAOSSP), model security program (MSP), twelve five standard security program (TFSSP) all cargo, or all-cargo international security procedure (ACISP) and are arriving into and/or departing from 14 cfr part 139 airports. All emergency/life-saving flight (medical/law enforcement/firefighting) operations must coordinate with ATC prior to their departure at 610-264-4530 to avoid potential delays. B. For operations within the airspace between the 10 NMR and 30 NMR area(s) listed above, known as the outer ring(s): All aircraft operating within the outer ring(s) listed above are limited to aircraft arriving or departing local airfields, and workload permitting, ATC may authorize transit operations. Aircraft may not loiter. All aircraft must be on an active IFR or filed VFR flight plan with a discrete code assigned by an Air Traffic Control (ATC) facility. Aircraft must be squawking the discrete code prior to departure and at all times while in the TFR and must remain in two-way radio communications with ATC. C. The following operations are not authorized within this TFR: flight training, practice instrument approaches, aerobatic flight, glider operations, seaplane operations, parachute operations, ultralight, hang gliding, balloon operations, agriculture/crop dusting, animal population control flight operations, banner towing operations, sightseeing operations, maintenance test flights, model aircraft operations, model rocketry, unmanned aircraft systems (UAS), and utility and pipeline survey operations. D. UAS operators who do not comply with applicable airspace restrictions are warned that pursuant to 10 U.S.C. section 130I and 6 U.S.C. section 124N, the Department of Defense (DOD), the Department of Homeland Security (DHS) or the Department of Justice (DOJ) may take security action that results in the interference, disruption, seizure, damaging, or destruction of unmanned aircraft deemed to pose a credible safety or security threat to protected personnel, facilities, or assets. E. FAA recommends that all aircraft operators check NOTAMs frequently for possible changes to this TFR prior to operations within this region. F. The System Operations Support Center (SOSC), is the point of contact and coordination facility for any questions regarding this NOTAM and are available daily from 0700-2300 EDT, phone 202-267-8276

Update - Counties Tire of Wolf's Nanny Government, He Responds With Threats

Increasingly, Governor Tom Wolf's draconian lockdown is being questioned and defied. Opponents of Wolf's sledgehammer approach to the Covid-19 pandemic have been derided as right-wing lunatics unwilling to listen to science, but as it happens, infectious disease experts like Dr. Luther Rhodes have concluded both that "fear is driving" the state response. In addition, at least Dr. Rhodes asserts that the data upon which the state Department of Health relies is biased because it includes nursing and personal care homes.

The map above is a pretty clear indication that 11 counties, most in the southcentral part of the Keystone State, will either open themselves or refuse to enforce the business shutdown.

Dauphin County Board Chair Jeff Haste made his feelings known in a letter to the people of Pennsylvania:

Let’s open up our businesses and our communities. For centuries, our people and businesses have shown they can adapt to changes to survive and prosper. They cannot, however, do a thing when a dictator and an unelected secretary place them in lockdown.

Updated Noon: - The "Dictator" Strikes Back! - Governor Tom Wolf has threatened to stop sending federal money (the state has none) to counties that defy him and revoke business licenses to the small businesses who dare try to eke out a living while his own Pandemic Unemployment System is a disgraceful failure. He accuses counties and businesses of "choosing to desert in the face of the enemy" in a news conference in which questions must be screened.

(Originally posted at midnight).

Dr. Thode Analysis: Northeast Could Be Locked Down Until July!

Dr. Steve Thode, the retired Director of Real Estate Studies at Lehigh University, has been crunching the daily numbers from the Covid-19 crisis. He has a disturbing prediction. Based on his analysis, and assuming that Governor Tom Wolf insists on following his own formula, we will be locked down until sometime in July. (July 5-17).

All I can say is I sure hope he's wrong.  Based on the rumblings in other counties, I suspect Wolf will have to open sooner.

Dr. Thode's Forecast Methodology

I started tracking COVID-19 daily new case data for all 10 counties in the Northeast Region beginning on March 30, 2020. Those counties are: Lehigh; Northampton; Luzerne; Lackawanna; Monroe; Carbon; Pike; Wayne; Susquehanna; and, Wyoming. I use the daily case data for each county as reported by the Pennsylvania Department of Health.

Here: ttps://www.health.pa.gov/topics/disease/coronavirus/Pages/Cases.aspx

When Governor Wolf announced the regional requirement to go to “Yellow” as 50 cases per 100,000 residents for a 14-day consecutive period, I calculated that statistic using 2019 estimated population statistics for each of the 10 counties and the daily new case data for each of the 10 counties.

The 2019 estimated total population for the 10 counties is approximately 1,612,000. That translates to a 14-day COVID-19 new case rate of 806 total new cases.

The 14-day new case rate for the 10 counties peaked at 5,216 on April 15. It has declined substantially since then. For example, by April 29 (14 days later) the 14-day new case rate had dropped to 2,926 for the 10 counties.

I developed my forecast for going to “Yellow” by calculating the geometric average percentage drop in new cases for each 14-day period beginning with the period ending April 29. That captures the total number of new cases from April 16-29. April 16 was the first day the 14-day case rate began dropping consistently.

For example, on April 29, the 14-day case rate had dropped from 5,216 on April 15 to 2,926. That’s a drop of 43.90% over 14 days. That translates to a geometric average drop of 2.63% per day over the period from April 15 to April 29.

From this, I developed two estimates of when the Northeast Region would see its 14-day new cases drop to 806 – the criterion for going to “Yellow.” Both estimates use the daily geometric average percentage drop for the 10 most recent 14-day periods. This is what is known as an exponential decay function.

The first forecast, which I call the “Unweighted” forecast, simply averages the daily geometric percentage drop for the last 10 days, and projects future 14-day case rates based on that average.

The second forecast, which I call the “Weighted” forecast, weights the daily geometric percentage drop from the most recent days (of the last 10 days) more than the earlier days (of the last 10 days). Why? Because the percentage drop has been declining. For example, on May 10, the 14-day case rate was 2,396. 14 days earlier (April 26), the case rate was 3,175. That’s a drop of 24.94% (or a geometric average of 1.58% per day). So, the case rate continues to decline, but more slowly on a percentage basis.

Dr. Thode's Data Caveats

Any forecast is only as good as the data upon which it relies. There are at least two issues with daily reporting of new cases in the 10 county Northeast Region. Some reports are clearly in error. Susquehanna County has reported a negative number of new cases on a couple days. I simply marked those as “0” in my data set.

The more difficult problem is relying on the daily cases reported by each county as actually being the number of new cases from the previous day (or previous 24 hours). There appear to be some “data dumps” in the reporting. For example, on April 28, Northampton County reported 136 new cases – more than the three previous days combined. On May 10, Lehigh County reported more new cases (72) than it had on any day since April 30. Likewise, on May 10, Luzerne County reported more new cases (60) than it had reported on any day since April 14. There is nothing I can do about that.

NorCo Council Extends McClure's Emergency Powers Until June 8

At a technology-challenged "virtual" meeting that lasted over three hours, Northampton County Council voted 7-1 to extend Executive Lamont McClure's emergency powers until June 8. Council President Ron Heckman and members Lori Vargo-Heffner, John Cusick and Kevin Lott were physically present. Remaining members participated by Skype, with Peg Ferraro leaving early at a meeting interrupted by numerous screeches, feedback, garbled voices and the occasional inability of some Council members to hear what was going on.

Courtesy of the floor was a lengthy disaster, as Heckman would call out individual phone numbers and ask people who phoned in if they wanted to speak.

Human Services Workers Want to Telecommute 

Tiffany, a County employee at the Human Services building, complained about being called back to work at the Emrick Boulevard location. McClure had been allowing Human Services workers to telecommute. She noted that Northampton County is projected to be under lockdown until May 25. "I don't feel it's safe for us to return," she said, adding that the McClure administration "has very little concern" for the problems this would cause to workers with school-age children. "We're taking an unnecessary risk with no concern given to our families. We are 100% capable from working from home."

McClure responded that the County has an obligation "to keep the people's business moving forward." He noted that some operations are 24/7, and employees who work at the jail, Gracedale or 911 must be physically present. But he decided to allow employees at Human Services to telecommute.

That experiment has failed. McClure stated after the meeting that productivity in this cricual area was going down.

"Remember, we are public servants," he reminded Council. "We are paid - all of us - by the taxpayers. And the taxpayers have not been getting all of the public service that they need to get because I made a choice to help the overall environment by keeping as many people at home as possible."

McClure said he has empathy for parents with school-age children. He noted anyone who comes into a County facility must be temperature-checked and don a mask. He added he is also concerned about the children that are being abused  or neglected and "who need us full time."

"It's very important to remember who comes first. The public comes first," he concluded.

Human Resources Director Elizabeth Kelly told Council any employee who contracts  Covid-19, is  exposed to it or cares for someone with it, is entitled to emergency pay for 14 days. If an employee has difficulty finding child care, he or she is entitled to 12 weeks at 2/3 pay. This does not apply, however, to first responders, which would include children and youth workers. .

"This county has done right by its employees," said Kelly. She noted they can accrue unlimited sick leave, up to two years of vacation and get six days of personal leave every year. "Most of our employees would have enough leave to carry them through an emergency leave," she said.

Elections Office Getting Hammered with Mail-In Ballot Requests

Voting Registrar Amy Cozze reported that her office has been flooded with mail-in ballot applications, and has processed 29,000 so far. Under recent changes to the elections law, voters have until May 26 to request a mail-in ballot.

She said logic and accuracy testing has been performed on every voting machine, which took about an hour per machine. She's still looking for a few dozen poll workers for the June 2 primary. All workers will be wearing masks and gloves. Representatives of both the voting machine and epollbook vendor will be on hand election day to troubleshoot.

Covid-19 Testing

McClure  thinks the County needs more testing sites, and has contacted Governor Tom Wolf's office to pitch a Department Of Health testing site at the Park and Ride exit located at William Penn Highway along Route 33 in Bethlehem Tp. . Though he's been "getting a stiff arm. I think that site would be a game changer. He is hopeful that more testing will give the decision makers in Harrisburg a basis for allowing the County to re-open.

Though there is no state resting site, McClure has used $150,000 from the CARES Act to do testing at the Easton Hospital parking lot. In two days of testing, the County performed more testing each day than the state regional site in Wilkes-Barre.

Emergency Powers Extension

After three hours, County Council finally considered the request to extend McClure's emergency powers until June 8. "This resolution takes us through the primary," noted Heckman, stating this resolution will enable McClure to move staff around for the June 2 primary. He called it a "reasonable" request and noted it gives McClure no authority to suspend constitutional rights.

Council member John Cusick offered no explanation for his No vote. Peg Ferraro had already left the meeting. All other Council members voted Yes.

Boscola to Wolf: Please End the LV Lockdown

On Thursday, I told you that Dr. Luther Rhodes, an infectious disease expert at Lehigh Valley Health Network, stated unequivocally that the Lehigh Valley should no longer be in lockdown. But he noted that "fear is dictating" the state response, which also happens to be based on biased data. He made these statements at a WLVR radio show that included State Senator Lisa Boscola. This appears to have shaken her. Previously, she stood with Governor Tom Wolf and voted against a legislative measure that would allow businesses to reopen. But her confidence in a continued lockdown has been shaken by Dr. Rhodes as well as Dr. Jeffrewy Jahre, yet anopther infectious disease specialist from St. Luke's. So she's asked Wolf to end the Lehigh Valley Lockown.

Senator Boscola Asks Wolf t... by BernieOHare on Scribd

Should Schools Open This Fall?

Over the past few days, it's been very clearly demonstrated that two-thirds of Pennsylvania's Covid-19 deaths have been nursing home residents. But instead of helping this at-risk population, Governor Tom Wolf has decided to make everyone else suffer with a lockdown. But he's also hurt students. Let's be real. Our students have lost what amounts to a half year's worth of education, a terrible disservice to them and this country. Yet Pennsylvania's Education Secretary, Pedro Rivera, has actually said he thinks our schools will remain closed in the Fall. Whether it's Health, Unemployment or Education, it seems Governor Tom Wolf has picked the biggest idiots he could find to run his administration. It is little wonder that the state now faces a $5 billion budget deficit.

I'm a Democrat. But I belong to a party that is supposed to help people, not hurt them.

House Speaker Mike Turzai has blasted Rivera in this letter for his "can't do" attitude. "Kids have dreams," he reminds this bureaucrat. "You are not working to find workable solutions given what is in front of us. Instead of providing direction and even hope, your statements are fostering depression, anxiety, and hopelessness. That is not the way to govern and lead."

A mind is a terrible thing to waste. Just look at the Tom Wolf administration.

Senator Mario Scavello Slams Wolf's Inaction on Unemployment

On Tuesday, State Senator Mario Scavello slammed Governor Tom Wolf's failure to help the very people he forced out of work.

The delays that individuals across the Commonwealth are experiencing with the PA Department of Labor & Industry's Unemployment Compensation system are entirely unacceptable. I have repeatedly communicated with the department Secretary and staff about the issues my constituents are facing and the outrageous wait time for payments. Just yesterday the Director of UC stated in an interview that "there is no backlog anymore when it comes to general claims processing." Tell that to my constituents that have gone without a single penny from UC since mid-March or even earlier!

For that reason, my focus has been on getting people safely back to work wherever possible since there is little confidence in the current uc system. People have gone without a pay check for far too long!

After a hearing that day, State Senator John DiSanto (R-15) called on the Governor to request the resignation of Jerry Oleksiak, Pa.'s Secretary of Labor and Industry. His department is using a 40 year-old computer system that was supposed to have been replaced two years ago. Pandemic Unemployment Assistance for the self-employed, funded by the federal government, only went live yesterday, seven weeks after Wolf's lockdown.

Here's what some people have said:

Karen - "My mother hasn’t gotten a penny in spite of getting card, pin, and determination letter, and now dad is furloughed from his DCNR position as well, and I see a bill pending to eliminate those state jobs altogether.."

Sue - "My husband filed on 3/17 and subsequently biweekly since, has not received one penny to date. Absolutely ridiculous!"

Harold - "We don't need unemployment, we need to get back to work!"

Missy - "Well i wasn't denied but i filed on March 22 2020 and to this date as of today still did not receive any money as of yet nice right 7 weeks really plz can i have my money."

Laura - "My daughter has been without income since March Hairdressers are getting no help She is single Mom with ZERO help."

Carolynn - "Filed over 6 weeks ago and I received a pin and was told to file even though I wasn't approved yet???? I keep filing when I'm supposed to... but i have not receive a letter of determination or any money."

Karen II  - "I filed end of March. I was approved and was sent paperwork saying how much I would be paid. I received my pin #. I have emailed many times and was told 2 weeks ago that funds were released and harrisburg would pay me in 3-4 business days. Still nothing! Over a month with NO income. People that I know that filed after me are getting money. How long do I need to go with no income???"

And Wolf drives a Jeep Wrangler.

NorCo Council Briefed on Covid-19

Between Tuesday and Thursday, the state Department of Health has added an additional 854 Covid-19 deaths "[a]s a result of our continued work to reconcile data from various sources  ... the state is reporting an increase of 310 new deaths today..."

Six hundred thirty of these 854 "newly-discovered deaths" were in nursing homes. That's 73% !!!!

According to State House Speaker Mike Turzai, all but 11% of the large number of those who died in nursing homes had other underlying conditions. Their average age was 79.

Northampton County's Covid-19 dashboard shows that, as of yesterday, 100 of 551 nursing home residents with Covid-19 have expired. That's 68% of the County's Covid-19 fatalities. Also, 678 of the County's 2355 infections (29%) originate at the nursing homes.

Northampton County manages Gracedale, the largest nursing home in the state. Administrator Jennifer Stewart-King told County Council last night that the home is still accepting new residents, but only after two negative Covid-19 tests.

Executive Lamont McClure did secure the assistance of the Pennsylvania National Guard (PANG) at Gracedale, but they're leaving Monday. McClure told NorCo Council at last night's disastrous virtual meeting that PANG is also at seven other facilities throughout the state. 

It's pretty clear that this virus is most virulent and deadly at nursing homes and long-term care centers.  Instead of devoting resources there, Governor Tom Wolf and his pediatrician Secretary of Health put the entire state in lockdown. This put 1.6 million Pennsylvanians out of work.  Their actions did nothing to stop deaths at the nursing homes, but have caused a lot of grief to people who lost their jobs. This decision was reached without discussing it with business leaders or unions, and without beefing up the state's antiquated online unemployment benefits system.

At last night's Council meeting, President Ron Heckman said he was "disappointed" by the state response.  But much of the meeting was consumed with a discussion of Human Services workers who are "concerned" about contracting Covid-19 by being required to work at the Human Services Building, even though they receive hazard pay on top of their salaries.

McClure responded it's "very important to remember who comes first. The public comes first."

I'll have a full report about Council's lengthy and technology-challenged three-hour virtual meeting on Monday.

Allentown to Resume Meter Enforcement on Monday, But Extends Permits and Licenses

Allentown has announced that curb to curb street cleaning by the city of Allentown and enforcement of parking regulations (including parking meters) will resume on Monday, May 11. Bethlehem has decided to tart handing out tickets as well.

I get the street cleaning. But since businesses have basically been shut down in both cities since Governor Tom Wolf's edict, there should be no need for meter enforcement. City officials will often say they have parking meters only to prevent people from lingering at businesses. This action proved what it really is - a money grab.

Fortunately, Allentown is a bit more understanding for food establishments and childcare centers. The Health Bureau and Fire Department are extending the license and permit periods of food and childcare establishments with licenses or permits due to expire this month.

Licenses for food establishments expiring in March, April and now May have been extended to June 30. The Health Bureau reminds those establishments to follow the food code, practice social distancing and follow Pennsylvania Governor Tom Wolf’s directive about take-out and delivery only.

Fire department inspections cover items like exit signage, work smoking detectors and fire extinguishers installed and tested. Among other things the facilities are also required to have an approved fire safety plan.

City childcare establishments with a health license and fire permit expiring in March or April and now May are also being extended to June 30. Since they've been shuttered, they should actually get a refund from the state.

The Magic Number for Yellow is 58

Dr. Steve Thode, the retired Director of Real Estate Studies at Lehigh University, has been closely following the Covid-19 crisis and has prepared charts colorized charts showing the daily new Covid-19 cases over the past two weeks, both in the Big Northeast as well as combined Lehigh and Northampton County totals.

As of yesterday, the average number of new Covid-19 cases has dropped from 238 to 188. Unfortunately, the magic number to go from red to yellow is 58. We're nowhere close.

Unfortunately, Northampton County continues to dominate the the total number of cases in the 10-County Region (27.4% over the past 14 days). This is because it has 13 nursing and personal care homes.

NorCo Council Meets Tonight ... Virtually

Northampton County Council is poised to conduct a virtual meeting tonight at 6:30 pm. I have no idea what items of business are being considered because no agenda was sent or appears on Council's web page.

You can follow the meeting on the County's Youtube channel. You will be allowed to join these meetings by calling 610-829-6605 and entering Conference ID: 6514572. Questions or comments from the public may also be e-mailed to lzembo@northamptoncounty.org.

If you are dialing in via phone only, you may use the following codes:

Press 1 to play a list of Dual Tone Multi Frequency (DTMF) commands

Press 3 to privately play the name of each participant in the conference.

Press 6 to mute or unmute your microphone,

LV Infectious Disease Expert Claims "Fear is Dictating" State's Covid-19 Response

Dr. Luther Rhodes

Dr. Luther V. Rhodes is an infectious diseases specialist who practices with Lehigh Valley Health Network. He, along with State Senator Lisa Boscola, were guests yesterday on WLVR-FM's daily Covid-19 update. I realize he's no pediatrician like Health Secretary Rachel Levine, but having infectious diseases as a specialty means he's worth a listen. But lo and behold, he must be one of those "virus deniers." Here's some of what he had to say.

First, of the state's draconian lockdown, he noted that "fear is dictating this." He added that the Lehigh Valley should be on the yellow phase of re-opening, "with hints of green." I by no means am suggesting that Covid-19 is, but many of us, including the Governor, have over-reacted.

Second, he confirms a point I made Tuesday about the Covid-19 statistics. He said it is "data biased" because the high rate of infections and deaths at nursing homes present a false picture of what is going on elsewhere within the Lehigh Valley.

Third, and he wondered why there has been so little news coverage of this point, he said it is no longer necessary to isolate someone with Covid-19 symptoms for any longer than 10 days. In fact, he noted the CDC has changed its guidance to reduce the isolation period from 14 to 10 days. According to Dr. Rhodes, a person infected with Covid-19 is only highly contagious for the first three days after symptoms first appear.

Follow the science.

Hopefully, State Senator Lisa Boscola will listen to Dr. Rhodes the next time she is asked to vote on a measure ending the shutdown. For her part, she is advocating a "sales tax holiday for restaurants that have been forced to close their doors. "It's going to take awhile to recover," she admitted. Actually, Lisa, some will never recover.

US Supreme Court Denies Injunctive Relief Against Wolf Shutdown

The Hill is reporting that the United States Supreme Court has declined to issue a stay against Governor Tom Wolf's Executiver Order sutting down mist of the state's economy. Though this denial has yet to make its way to the docket, The Hill adds that this denial was made without comment. What this means is that less than a majority supported the request.

The underlying complaints remain.

As I indicated previously, I thought the request for a stay was a mistake. One of the petitioners, a golf course, has been permitted to resume business.

Thank God Arthur Curatola is Not Governor

I've called Governor Tom Wolf's shutdown order draconian, and it is. But he's a pushover compared to Bethlehem resident Arthur Curatola. At last night's City Council, he had two suggestions on coping with the Covid-19 pandemic.

First, no one should allow their cats outdoors. I have no idea why.

Second, restaurants should be barred from selling fried food and pizza. We should eat rice 'n beans instead.

Reminder: Covid-19 Testing Site Opens at Easton Hospital Today!

Northampton County is sponsoring a drive-thru testing site for Covid-19 located at the main parking lot at Easton Hospital, 250 21st Street, Easton, PA 18042. It will open today. Hours of operation will be from 10:00AM – 4:00PM on May 6, 7, 8, 11 and 12th or until supplies run out. Only residents from Northampton County will be accepted for testing and they must show at least one of the following CDC recognized symptoms of Covid-19 to be eligible: fever, dry cough, shortness of breath, chills, muscle pain, headache, sore throat or loss of taste and/or smell. A prescription from a doctor is not required. Although insurance is not required to be tested participants should bring their insurance card and a photo ID with them.

State Rep. Hahn & Senator Mario Scavello Both Endorse Ann Flood in Pa. 138th

Marcia Hahn, who has represented Pa.'s 138th Legislative District since 2010, is sailing off into the sunset at the end of her term. You might say this is good news for Democrat Tara Zrinski, who was hoping to replace her. But tyhe odds of that happening are slim to none. You see, this is a very Republican District comprised of the townships of Bethlehem (conservative portion), Bushkill, East Allen, Hanover, Lower Nazareth, Moore (portion) and Plainfield as well as, the Boroughs of Bath, Chapman, Pen Argyl and Wind Gap. Even for Democrats, Zrinski is the wrong answer. I'll get into that closer to the general election. For now, I want to tell you about the primary race between Republican candidates Ann Flood and Tony Tarsi. One of these two will be the next State Rep. for the 138th. Flood has been endorsed by Hahn and State Senator Mario Scavello, whose district included the 138th.

"Ann Flood is pro Second Amendment, pro-life and supports small businesses, " said Hahn. "Ann's sensible and hopeful insights into the community's problems and needs, here willingness to examine the issues and her ability to listen closely to the public's questions and concerns, sets her far apart from any other candidate."

In addition to the outgoing incumbent's imprimatur, she also has the seal of approval from State Senator Mario Scavello. Most of the politicos in this area are back benchers, but not Mario. He has been very actively involved in the campaign to persuade Governor Tom Wolf to restart the economy. He's been successful, too. The construction that has started along Route 611 is primarily due to his efforts. He knows what it's like to run a small business because that's what he did before entering politics.

Flood is President of the Board at the Greater Bath Area Chamber of Commerce and is also on the Board of Governors for the Greater Lehigh Valley Chamber of Commerce. She's had a chance to speak top many small business owners, and made clear to me that "Pennsylvania should be opening as soon as possible, so long as the appropriate mitigation is in order." When that does happen, she told me several local restaurants will not be among them. They are victims of Governor Tom Wolf's shutdown order. "The economic impact is going to be felt years, if not a lifetime."

Flood was born and raised in Wind Gap. She is a graduated of Pen Argyl Area High School, earned a Biology degree from Moravian College and an MBA from Villanova University. She has lived in the Bath area for 22 years, and she and her husband are the parents of two children attending college and middle school. The Flood family also has one angel child, Lauren, who passed away in 2007.

Ann is the the Founder and CEO of the Lauren’s Hope Foundation, whose mission is to enhance the quality of life for brain injured children and their families. This foundation has helped children receive life-saving care at The Lehigh Valley Health Network’s Children’s Hospital’s Neonatal Intensive Care Unit.

The other Republican in the hunt is Wilson Area High School Principal Tony Tarsi. He calls himself a "conservative Christian candidate with a strong knowledge of the Constitution." He said he's running because he's 60 and "the opportunity presented itself" when Marcia Hahn decided to step down. He also says he has "a passion for this country."

Like Flood, he also supports opening the economy. He claims Governor Wolf "erred on the side of Big Government."

Covid-19 Has Killed 31 at Gracedale

Northampton County is reporting that, as of May 4, 135 Gracedale residents have tested positive for Covid-19. Thirty-one of them have died, which amounts to a 23% death rate! Out of the 700 employees which work at Gracedale, 38 have tested positive for the Coronavirus. Seventeen have finished their quarantine periods and are back at work.

Gracedale is the largest nursing home under one roof in the Commonwealth of Pennsylvania. There are approximately 600 residents living (and dying) there. The Pa.. National Guard is assisting in the care of non-Covid rewsidents.

Covid-19 Solution: Lehigh County Politicians Want A Sales Tax AND Earned Income Tax

Much of the misery resulting from the Covid-19 pandemic is a direct result of bad government on both a federal and state level. As if things aren't bad enough, two local politicians want to make them worse. Lehigh County Controller Mark Pinsley and Allentown City Council member Joshua Siegel want to impose two new taxes, a sales tax and earned income tax, to help keep Allentown afloat and prop up the "creative economy." Just when you think government officials couldn't be any more stupid, they prove me wrong.

Now I have no idea why a Controller is injecting himself into policy considerations, but Pinsley is that kind of guy. No sooner was he elected Comm'r in South Whitehall that he began running for the State Senate. Having failed in that race, he was swept into office in Lehigh County as part of a blue wave.

Siegel impressed me as a former Allentown Mayoral candidate. But as a new member of Allentown City Council, he's been a disappointment.

While there are times when taxes must be raised, this is not one of them. We are going onto a recession and possibly a depression.

You can read their new tax proposal here.

In a Lehigh Valley full of tax handouts with names like KOZ and KRIZ, Pinsley and Siegel propose a RPD, a Regional Prosperity District. They would fund it with $105 million annually. A quarter of the money would go to the "creative economy." Another quarter would go to Lehigh County. The remainder would be distributed to "a municipal stabilization fund that will award municipalities money based on an equation to determine local fiscal distress." In other words, the money will go to Allentown.

Because the Lehigh Valley has no money trees, the next question is the source of this $105 million annual beneficence? Bill Gates? No. Mega Millions? No. The source is you, the taxpayer. What Pinsley and Siegel want are two brand new taxes. First, they would create a one percent addition to a regressive sales tax that already disproportionately impacts the working poor. Their excuse for this is that items like food would be exempt. Their second new tax is a 0.5% earned income tax. "Its minor rate is minuscule," they argue.

At a time when 21,000 in the Lehigh Valley have already filed for unemployment, this proposal is simply insane. Instead of imposing new taxes, I would think dedicated local officials would be demanding the state to start paying out the unemployment claims for the economic catastrophe it has declared is for our own good. As things stand, there will be no sales or income on which any tax can be imposed.

They note that 16% of Allentown's workforce is employed in what they call "high risk" industries. So they want to funnel money to artists and musicians because you know those jobs are solid. Really?

At a time when many Lehigh Valley residents are understandably worried about putting food on the table, I am simply astonished that these local officials would propose two new taxes. This is a gimmick under which the entire county will be forced to subsidize Allentown's government even though they have no role in electing the officials in the Queen City. It will also create a $25 million slush fund under which local officials can award money to their pals in the "creative economy," whatever that is. As blogger Michael Molivinsky observes in a related post, "best connected, best served."

Updated 10:10 am with information from a source within Lehigh County - "Joshua Siegel is an employee of the Controller’s Office,i.e. Pinsley. Siegel arrived in Lehigh County government as some sort of public information officer for Phillips Armstrong. He quickly demonstrated that he is clueless.I don’t know what his function is in the Controller’s office or what qualifications he has, if any, but he is on the roster. That may explain in part the connection between the two political opportunists and their advocacy for new taxes – which also offers an explanation for their mutual stupidity and tone deafness !"

I was under the misimpression that Siegel still worked as some sort of public information officer. I even mentioned this in my telephone conversation with this duo. They never corrected me. Perhaps they did not hear me.

Covid-19: Nursing Homes are the 800 Lbs Gorilla in the Room

"The butcher, the baker,
The candlestick maker.
Turn them out, knaves all three"

That's essentially what has happened with Governor Tom Wolf's March 19 Executive Order closing all non-life-sustaining businesses. All business is life-sustaining, especially to those in it. Small entrepreneurs and gig workers are still unable to file claims for unemployment, even though the CARES Act specifically provides for it. Telephone calls are useless because the lines are jammed. "Turn them out knaves, all three" is how the Governor has responded to the plight of small business, the backbone of this country. Those who think businesses can be opened with precautions like social distancing and face masks are derided as "virus deniers" or worse, as the myrmidons of Donald Trump. They are called selfish and accused of having blood on their hands. When Wolf finally sounds "all clear," many of these business will be unable to open again. They are victims, not of contagious disease, but an overzealous Big Brother that even wants you to rat out businesses that fail to adhere to state edicts. Where are the deaths that are actually being caused by the Covid-19 pandemic? They are not coming from those who are outdoors. They are not coming from essential businesses on the front lines. They are coming from nursing homes.

Last week, the Department of Health (DOH) announced that over 65% of the Covid-19 deaths have occurred in nursing homes. According to Northampton County's Covid-19 dashboard, 55 of the County's 107 deaths have been at nursing homes. Between residents and staff, they account for nearly a third of all cases countywide. Amazingly, that's where the Department of Health (DOH) has really failed. Using the powers she actually has under the Disease Act, Secretary Rachel Levine could easily quarantine those who've been infected, and isolate residents who have come into contact with them. This would be a rational response.

Instead, Secretary Levine ordered nursing homes to continue accepting new residents, including those just released from the hospital for Covid-19. As Attorney Marc Scaringi observes in his argument to the Supreme Court,

This decision by the Secretary of Health may have proved deadly to many nursing home residents because the virus spread like wildfire in Pennsylvania’s nursing homes. The American Health Care Association said at the time that that directive put “frail and older adults who reside in nursing homes at risk” and would “result in more people going to the hospital and more deaths.”

Unfortunately, that's exactly what has happened. Moreover, Scaringi notes that the state DOH has actually suspended its usual inspections.

Since the beginning of this pandemic, we've known this respiratory virus is most virulent to the elderly. Instead of dealing with that very real public health concern, Governor Tom Wolf and Secretary Levine have put 1.7 million healthy employed Pennsylvanians on the sidelines, to say nothing of those who are self-employed in small business.

Government at its best.

In his appeal to the Supreme Court, Scaringi has attached affidavits from several small business owners adversely impacted by the Levine Lockdown:

- Stephen Cassel is the co-owner of Iacobucci Formal Wear, located in Havertown. His business sells and rents formal wear. He is the father of five children and has no income other than this business. He has yet to see a dime from the state or federal government. He has lost at least $200,000 and his insurance claim for business interruption has been denied. He is behind in rent and is unsure he can survive much longer.

- Nichole Mesino owns and operates a barber shop in Media, with seven barbers. None has worked since March 16. None has received a dime from the government. She has no income other than this business, and is behind on rent. "Another month of the governor's shutdown and I'll be done; I'll lose my business." She considered re-opening with elaborate precautions, but was told her license would be revoked.

- John Williams, a Delaware County realtor, states that the Spring selling season is when he earns most of his money for the year. He adds that prospective home buyers are unwilling to purchase a home unless they can physically inspect a property. He is one of 12,000 real estate agents idled in the Delaware Valley. He did get a $1,000 grant from the Small Business Administration, but nothing from the state.

- Karen Myers is a dance and gymnastics instructor in Chester County, with two locations. Though her studios are large and she could implement CDC protocols, she is unable to operate. Unless things change, she will have to close her business this month and sell her equipment at "fire sale" prices.

Bob Donchez to Host "Ask the Mayor" Again

Bethlehem Mayor Bob Donchez and his department heads will be conducting a second "Ask the Mayor" program. I watched his most recent program, and was extremely impressed by everyone involved. If you live in Bethlehem, you may want to tune in to the City's website on Friday at noon, when Hizzoner answers your questions. You can submit questions until noon on Wednesday to askthemayor@bethlehem-pa.gov.

Last time around, the Mayor announced a limited opening of the City's yard waste center. It would never dawn on me to ask about something like that because I leave that sort of thing to my servants. But Donchez said that was the topic on which he received the most inquiries.

Do Masks Bother You?

How do you feel about being required to don a face covering when entering one of the few businesses still allowed to operate?

Personally, I consider this one of the least draconian measures imposed. I realize that a face covering offers me little protection but does help prevent me from infecting others. Also, I touch my face far less often when wearing a mask.

I do not wear when I am exercising outside because it's too hard to breathe.

I would have prefer having been asked to wear a mask as opposed to being ordered to do so. But as edicts from Governor Tom Wolf go, this one is far less offensive than telling me I have to shelter-in-place. It's also a good excuse to get a plague doctor mask.

US Supreme Court Wants Response From State Today in Lawsuit Challenging Shutdown

The US Supreme Court wants a response from Pennsylvania by noon today in a challenge to Governor Tom Wolf's shutdown March 19 order. A divided Pa. Supreme Court has already dismissed arguments that this closure violates the United States Constitution.

Harrisburg lawyer Marc A. Scaringi has asked the High Court to stay enforcement of Governor Wolf's shutdown pending review of his appeal. He represents state house candidate Danny DeVito; Northampton County realtor Kathy Gregory; B&J LAUNDRY, LLC, Blueberry Hill Public Golf Course & Lounge; and Caledonia Land Company. These kinds of applications are only rarely granted. Attorney Scaringi, however, argues that "[u]nless this Court grants this application to stay and ultimately grants the Petition for Writ of Certiorari on its merits, Petitioners and tens of thousands of other businesses may not be able to recover from the severe financial distresscaused by the Order." He adds that Pennsylvania's shutdown is "similar to other business closure orders issued by governors in states across the U.S. The same or similar U.S. Constitutional rights are implicated in these business closures. Thus, this case not only has great significance to the people of Pennsylvanian, it has great significance to business owners throughout the U.S."

Governor Wolf has recently changed his Order so that golf courses can now operate.

Updated 11:30 am: The State Responds! - In an amendment to his original application, Attorney Scaringi argues that "actual evidence, not the projections used to form the basis of the Governor’s orders, reveals that lockdown orders like the Executive Order and Stay-At-Home order are doing more harm than good."

The state's response, located here, argues that there has been no showing that the rights of the impacted small businesses are "indisputably clear" and hence no basis for a stay.

NorCo & Easton Hospital Strike Deal For Covid-19 Testing Site, McClure Continues Push For Regional Testing Center

Northampton County and Easton Hospital have struck a deal for a Covid-19 testing site, starting May 6. Executive Lamont McClure is investing $150,000 to get this program off the ground. He has also ordered the county's EMS to assist with what will apparently be a drive-through operation, which will be open between 10 am and 4 pm. It will be open to all county residents who exhibit one of the Covid-19 symptoms recognized by CDC. No prescription is needed. Persons without medical insurance will still be tested.

McClure is hopeful that the hospital can perform 80-100 tests per day, but will evaluate the program's success after five days.

His main effort has been to urge the state Department of Health to establish a regional testing center in Northampton County at the Park & Ride located next to the Route 33 Exit onto William Penn Highway in Bethlehem Tp. Although a testing center for Northeast Pa has been established in Wilkes-Barre, McClure continues to advocate a site within the Lehigh Valley. He has the support of Pike County's Emergency Management Director Timothy Knapp, who also chairs the Northeast Pennsylvania Regional Counter Terrorism Task Force.

Knapp makes the following points in a memo to the state Department of Health:

"It is crucial to the population residing in our ten member County region that testing be available and convenient. The most affected population is also the least likely to have the means and availability to travel a great distance in order to accomplish required testing.  People in the low income and advance age populations would definitely benefit by a more localized and convenient testing facility. It is also very important to all members of our communities that individuals affected and or infected with this devastating disease be identified for public and their own safety.  It is crucial to test, treat and isolate those members of our community. The additional testing would add to the larger picture of the extent COVID-19 has affected the Task Force area. Mitigation efforts, investigative efforts and information concerning the spread, contagiousness and prevalence of the disease would also be greatly aided by the availability of an additional testing facility. An additional testing site would also add to the total number of tests administered. This would exponentially increase the amount of data collected and bolster our health networks working at or near capacity. It would quite simply assist in making the testing more readily available to a greater percentage of our community.

"The economic impact to the North Eastern part of the State of Pennsylvania covered by the Northeast Pennsylvania Regional Counter Terrorism Task Force is additionally affected by the lack of data concerning the prevalence of the COVID-19 virus in the general population. An additional testing facility would aid in providing decision makers data in understanding the prevalence of the population previously exposed or infected with the disease. This information has a direct correlation on the ability to return to normalcy in our daily lives. Information gleaned from an additional testing facility may be used in determining when it is appropriate to open facilities, public areas , schools and sporting events. It may also be useful in determining the level of social distancing and personal protective equipment required in the newly opened venues.

"An additional testing facility, for the above reasons, would be a valuable and important asset for our Task Force Region. We ask that you seriously consider assisting us in our endeavor to have one located in the southern region of our area of responsibility."

The Route 33 Park and Ride proposed by McClure at the William Penn Exit in Bethlehem Tp has the following advantages:

- Easy on / off of highway, no residential neighborhood close by;
- St. Luke's Anderson Hospital is 1 exit away, less than half mile;
- Lanta Bus service runs to Park & Ride;
- Easy access from 80, 78, 22;
- Penn DOT Digital billboards along Route 33, 80, 78, 22;
- Refrigeration trailer Northampton County Coroner has one that was purchased by DOH;
- Field office trailer, jersey barriers, etc. available through Task Force

The approximate travel time from other counties?

Carbon - 50 minutes;
Lehigh - 10 minutes;
Monroe - 28 minutes;
Pike - 57 minutes;
Wayne - 72 minutes.

Updated 8:03: I originally had the opening date as May 26. It is actually much sooner.

Governor to Allow 24 Counties to Re-Open May 8

The counties are Bradford, Cameron, Centre, Clarion, Clearfield, Clinton, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, Lycoming, McKean, Mercer, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga, Union, Venango, and Warren.

Lehigh and Northampton will wait.

According to Wolf, "We control our destiny."

Actually, he does.

According to Governor Tom Wolf, "These counties were deemed ready to move to a reopening – or yellow phase – because of low per-capita case counts, the ability to conduct contact tracing and testing, and appropriate population density to contain community spread."

National Guard to Remain at Gracedale Until May 10

Pennslvania's National Guard arrived at Gracedale on Monday to assist with resident care. They were slotted to be there for only 72 hours, but that stay has been extended until May 10.

Thirty-four members of the National Guard are primarily assisting with non-Covid-19 residents, allowing Gracedale employees to focus on residents who are positive for Covid-19 or have pending test results. Guard assistance includes twenty medics to work as CNAs and eight licensed nurses.

“We’ve had over 1,000 call-outs among our staff just in the month of April,” says Administrator Jennifer Stewart-King. “That is making things extremely difficult for the heroes of Gracedale who are caring for the residents. We’re very grateful to the National Guard for staying on to help care for our residents.”

Federal Court Rejects Challenge to Voting Machines Used in NorCo

Lamont McClure backs ExpressVote XL

In 2016, Jill Stein failed as the Green Party's candidate for President. In Pennsylvania, she garnered 49,485 votes, less than one percent. Now she's failed in a federal lawsuit demanding that the ExpressVote XL voting system be scrapped. That just happens to be the one used in Northampton County.

In a scathing opinion, District Court Judge Paul Diamond on April 29 rejected all arguments in her "pointless" "eleventh-hour" motion that "would have disenfranchised some six million Pennsylvania voters." Of the ExpressVote XL, Judge Diamond noted "[t]he machine is reliable and easy to use. It is a hybrid device, combining ballot-marking and tabulating/scanning functionalities within a single system." He rejected the "daft theories" advanced by her so-called expert, noting they undermine public confidence in our voting system. His final conclusion is that Stein based her motion on "absolutely nothing." He quoted from a voting machine expert who said Stein's allegations are "as likely as the fact that androids from outer space are living amongst us and passing as humans.”

Judge had previously gutted most of Stein's suit because she presented "no authority recognizing a right to have one’s vote verified through any procedure," let alone paper ballots. He added her fear of vote tampering in “borders on the irrational.”

Though her lawsuit was on life support, Governor Tom Wolf nevertheless settled. He commanded all 67 counties, in a late 2018 unfunded mandate, to acquire voting systems that include voter-verifiable paper ballots. What's more, they had to be in place in time for the 2020 presidential election. No consideration was given to the logistics of such a demand or the financial burden it imposed on counties.

The ExpresVote XL was the choice of the vast majority of about 30 election judges who viewed four different systems. It was the choice of Northampton County's Election Commission, who recommended it to Northampton County Council by a 3-2 vote on March 6, following a contentious meeting pitting election judges against paper ballot purists.

Arguing in favor of The ExpressVote XL was GOP Chair Lee Snover. "We're not a third world country," she asserted. "We have technology for a reason. I don't want anyone determining the intent of my vote except for me and the machine."

Before accepting this recommendation, Northampton County Council waited to see how the system performed in Delaware's primary. Council finally approved the purchase on May 16 after the system received a glowing recommendation from Delaware election officials.

Numerous election judges and poll workers spoke in support of the new system. They argued it would be familiar to voters and present none of the privacy concerns or multiple lines that would accompany paper ballots.

In addition to election judges, Elections Commissioner Maude Hornick said she supported ExpressVote XL because she wants no election official to decide how she intended to vote.

Trudy Fatzinger, Secretary of Pennsylvania Council for the Blind, reported that ExpressVote XL is handicapped-friendly. This was a selling point to Executive Lamont McClure, who observed that 25% of Pennsylvania's registered voters have some form of disability.

The sole dissenter was Robert Werner, who argued that because an old touchscreen voting machine could be reversed engineered, it necessarily follows that the ExpressVote XL would be vulnerable, too. This is what is known in logic class as a fallacy.

Like Stein, Werner has sued, too. His lawsuit is in Commonwealth Court, where lawyers for the state are seeking delay because of Covid-19. Based on Judge Diamond's ruling, it appears there's no need to worry about getting a new system.

Allentown Golf Course Opens Today

Allentown's golf course will open for business Monday today, but with new rules designed to prevent you from contacting Covid-19.

Customers entering the Pro Shop must wear masks and will scan their own credit cards. There are no cash sales in the Pro Shop. All players must have a tee time to enter the Pro Shop unless they are purchasing a range ball card.

There is a limit of one occupant per cart.

All cups are inverted. It is not necessary for players to touch and remove the flagstick.

Golfers must maintain six feet social distancing at all times whether in the clubhouse, at the driving range or on the course.

Masks are encouraged, but golfers are not required to wear a mask while they play their round as long as they adhere to social distancing measures.

Updated at 2:28 to reflect actual date. I confused May 1 and Monday.