Butler and three other Western Pennsylvania counties are threatening to support legal action over being placed in the restrictive red phase of Pennsylvania's coronavirus reopening plan.

In an open letter to Gov. Tom Wolf on Tuesday evening, commissioners from Butler, Washington, Fayette and Greene counties appealed to Wolf to elevate the counties to the yellow phase and to be included in future discussions about how to move the counties forward in pandemic response.

“Our phones and emails are flooded with calls and appeals for help,” the letter states. “As such, we are left with no other option but to support legal action by our residents and businesses to protect their constitutional rights, safety and welfare as citizens of the Commonwealth of Pennsylvania.”

“It is sad that we have come to this place. But, we must help our constituents protect themselves now and into the future and are sorry that you have chosen not to engage us in representing our communities.”

Butler County has difficulty getting information from the state and decisions from the state seem arbitrary, said Leslie Osche, county commissioner chairwoman.

“We want to protect our own county, but we can't even do that. We don't have the information and we don't know what the metrics (for reopening) are,” Osche said.

Osche said the state released its risk assessment tool used to determine how counties would move between the different phases of the reopening plan on Friday. But by the time county officials even had the opportunity to review it, the decision of which counties would move from red to yellow this week had already been announced.

She further pointed out how the tool included five very different indicators — four beyond the much publicly discussed incident rate of 50 cases per 100,000 residents.

The state moved neighboring Lawrence and Venango counties to the yellow phase, which, would allow more businesses to open and partially lift the stay-at-home order for residents.

“A lot of people are going to travel to Lawrence County or Venango County to do business, which puts our businesses at a disadvantage,” Osche said.

Osche called into question other aspects of the reopening plan as well.

“Furniture stores can't open, but big box stores can,” Osche said. “It's really unfair treatment. Do they even know or see what's happening. We hear all these stories from business and residents.”

Following Wolf's announcement Friday about which counties would move into the yellow phase, Osche said the Butler County commissioners convened an internet call with commissioners from the three other counties to discuss the situation and what could be done to help businesses.

The commissioners decided they would consider filing a petition seeking injunctive relief on behalf of businesses in the U.S. District Court for the Western District of Pennsylvania.

The three other boards of county commissioners plan to vote by Thursday to file the petition and, Osche said, Butler's commissioners want to hold an emergency meeting by then to consider the petition.

“We have a draft filing prepared. Businesses said they want us to file. We would support them as a partner,” Osche said. “I think all four will move forward.”

A paragraph in the letter from the commissioners says: “Butler County enjoys great bipartisan leadership that has allowed us to coordinate efforts with emergency responders, health care, municipalities, schools, business, courts, congregate care, human services, and labor. We believe that we stand ready to open and ready to work with our regional partners and state agencies to collaborate in ongoing efforts to make sure our County is prepared for any emergency now or in the future.”

“While we recognize that this is a health emergency, counties on behalf of their citizens have repeatedly issued letters and made requests to be engaged in planning and discussion around response to this unprecedented event,” the letter stated. “Calls to have real conversations beyond mere question and answer sessions remain unanswered.