Judge orders ‘Crack’d Egg’ owner to follow COVID-19 rules or close up

PITTSBURGH — The owner of the Crack’d Egg restaurant must follow the state COVID-19 rules or shut down immediately. The ruling from Common Pleas Judge John McVay found that mask mandates and social distancing requirements are constitutional.

According to our partners at TribLive.com, McVay’s ruling said that the rules are “rationally related to the legitimate government interest of protecting the citizens of Allegheny County from the spread of COVID-19.” He also said the ruling in favor of the Allegheny County Health Department was needed “to prevent immediate and irreparable harm that cannot be adequately compensated by damages.” McVay worried that if he did not uphold the state rules, more restaurants would stop following them, leading to an increased risk of spreading coronavirus.

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ACHD ordered the restaurant to close in August. Owner Kimberly Waigand ignored it, saying the governor did not have the authority to require employees and customers to wear masks and keep socially distant. Waigand declared bankruptcy in October, weeks after filing a lawsuit against the county.

During court proceedings last week, health department inspectors testified the establishment repeatedly failed to enforce mask wearing and social distancing protocols. Waigand said she would never require people to wear a mask because it is a violation of their freedom.

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