The lawsuit involving Butler County and four others will not disappear as Butler County moves into the yellow phase of Gov. Tom Wolf's reopening process, according to the commissioners.

“We are going to continue forward,” said Leslie Osche, commissioner chairwoman.

Osche said the commissioners are happy about the move to the yellow phase because some businesses will be able to reopen, but there are other businesses that will remain closed. She said the lawsuit also aims to reform how counties and state officials work together in future emergencies.

“The lawsuit gives a clear path to pursue, and we expect it to move quickly,” Osche said.

The lawsuit was filed electronically Thursday afternoon in the U.S. Western District Court in Pittsburgh. The case was assigned Friday to Judge William Stickman.

“I certainly think the lawsuit influenced the change from red to yellow, and I'm glad that it did,” said county solicitor Tom King III.

King said he is in communication with the Attorney General's office who will represent Wolf's administration. He said the plan is to request a temporary restraining order, an injunction that could bring the case before the judge quicker.

“We're moving forward as quickly as possible to have this matter heard,” King said. “If it doesn't go well, it slows down.”

Commissioner Kevin Boozel did not vote in favor of the lawsuit, and he believes the lawsuit is political and will involve frivolous spending of taxpayer dollars. He said he has talked with businesses and reviewed details of the lawsuit with them, after which many agreed the lawsuit was more political than focused on the businesses.

“If it was a more business-centric lawsuit, I think that would make more sense,” he said.

The lawsuit in its current form asks for no monetary compensation.

According to Commissioner Kim Geyer, the county's solicitor has been reaching out to the solicitors of the other counties listed on the lawsuit to talk about contributing to paying for the suit. She said she could not speak for the legislators and businesses also listed as plaintiffs.

Geyer said the move to yellow is good, but it wasn't the entire reason for the lawsuit. She said there is a real problem with the way the state government handles a declared health crisis in the midst of a declaration of a pandemic.

“We're hoping that there's an entire reform to the process,” Geyer said. “The case was about protecting and challenging the authority of the governor pertaining to the Constitutional rights of businesses and people throughout our county.”

In a statement Friday, Butler County District Attorney Richard Goldinger told the Chiefs of Police Association of Butler County that no citations will be issued to individuals or businesses that may not be following Wolf's orders.

“I do not believe it is appropriate to criminalize the actions of an individual who is simply trying to make a living and provide for their family,” Goldinger said.

King said the county is also preparing to vote Wednesday to send an amicus curiae, also known as a “Friend of the Court” brief to the U.S. Supreme Court. The brief would be sent on behalf of Butler County and the three other counties in support of the Friends of Danny Devito vs Gov. Wolf Supreme Court case.

King said despite the move from red to yellow, the county continues to stand behind both of these actions.

“We firmly believe in what we're doing. We firmly believe that we're right,” King said. “We're working hard to hopefully prevail. We think that our cause is just.”