Gov. Wolf vetoes Pa. restaurant bill, advocate groups ask General Assembly to override veto

Neil Strebig
York Daily Record

Update: On Tuesday, Oct. 20, the House of Representatives failed to approve a veto on HB 2513 with a vote of 133-69. The bill needed two-thirds approval to be considered for an override in the State Senate. 

A bill that would help eliminate self-certification for restaurants and lessen indoor service restrictions has been vetoed by Gov. Tom Wolf. 

On Friday, Oct. 16, Wolf vetoed HB 2513. The bipartisan bill was passed by both the Pennsylvania House of Representatives and State Senate last month. With the veto, the bill will move back to the General Assembly where lawmakers may vote to overturn the veto. 

"This bill jeopardizes public health and safety as it permits eating establishments ... to operate up to, 100 percent capacity without having to follow mitigation guidelines," Wolf said in his veto statement.

"By eliminating these critical protections, in addition to removing certain limits related to bar service and purchasing of alcoholic beverages, this bill increases the likelihood of COVID-19 outbreaks." 

The bill would have eliminated the self certification process for restaurants. Currently, for restaurants to operate at 50 percent indoor capacity, they must apply for state certification, a mandate that has been met with some criticism from restaurant owners

Related:Bar service a no-no: Gov. Wolf plans to veto restaurant bill, encourages certification

More:Pennsylvania restaurants can soon increase their capacity to 50%, but there's a catch

The bill would have also allowed restaurants to re-establish bar service in accordance with social distancing and CDC guidelines. Several hospitality advocacy groups have begun to lobby support for a veto override from the General Assembly. 

"The Governor has once again continued to starve our industry and won’t allow valuable areas of our operations to open, even though we have complied with every regulation imposed on us during the pandemic by multiple state and federal agencies," Matt Flinchbaugh said. 

Flinchbaugh, who owns Home Slice at Walden in Mechanicsburg and Flinchy's in Camp Hill, is helping organize a coalition of central Pennsylvania restaurants in support of HB 2513. 

On Monday, Oct. 19, the Pennsylvania Licensed Beverage and Tavern Association called for the support of members of the state House and state Senate to override the veto. 

"Our struggling neighborhood bars, taverns, and pubs are not the reason for the current spike. Through contact tracing, we know that just two percent of COVID-19 positive patients reported having been in a bar within the 14 days before testing," executive director of the PLBTA Chuck Moran said in a statement. 

Read Moran's entire statement below: 

With COVID-19 fatigue increasing, we worry that Governor Wolf’s veto of HB 2513 last Friday promotes underground gatherings and house parties, which will feed the current spike of COVID-19 cases our Commonwealth is facing. Pennsylvanians are already flocking to parties with a false sense of safety because they are amongst people they know. But no CDC guidelines are followed at those locations and those attending face increased risk. Please consider voting to override this veto - to help the state’s taverns and restaurants, and to help reduce this threat.  

If Governor Wolf had signed HB 2513, those Pennsylvanians would have had safer options to enjoy a night out. 

Consider what he vetoed: 

— Additional outdoor seating in unused locations within the property of taverns and licensed restaurants that are required to follow social distancing guidance (a previous amendment from Senate Democrats) 

— Use of barstools at bar countertops in both indoor and outdoor settings at licensed establishments following social distancing guidance 

— 50 percent occupancy at licensed establishments following social distancing guidance enforced for all other businesses 

In the past two months, Governor Wolf allowed schools to open and increased attendance into the thousands of people at gatherings. We all know that there is no shortage of kegs, cases, and liquor bottles – and of course house parties – in college towns and elsewhere.  

Our struggling neighborhood bars, taverns, and pubs are not the reason for the current spike. Through contact tracing, we know that just two percent of COVID-19 positive patients reported having been in a bar within the 14 days before testing! 

The eyes of the industry are looking upon you for help. Small business taverns, their employees, and their patrons ask for your support, and a vote to override the Governor’s veto of HB 2513. 

Read Gov. Wolf's entire veto message here

Neil Strebig is a journalist for the York Daily Record and curator for the York on the Move newsletter. He can be reached at nstrebig@ydr.com, 717-825-6582 or via Twitter @neilStrebig