A Butler County-led federal lawsuit challenging the state's emergency orders during the coronavirus pandemic continues to move forward to a declaratory judgment hearing next month.

The list of potential witnesses from each side recently was revealed in initial disclosures. The defendants — Gov. Tom Wolf and state Secretary of Health Dr. Rachel Levine — filed their disclosures Friday.

Among the possible witnesses for the defendants is a member of the governor's executive staff and the health department's executive deputy secretary.

Butler County Commissioner Leslie Osche is included in the list of witnesses who could be called for the plaintiffs, according to the disclosures submitted by attorney Tom King of Butler.

King filed the lawsuit May 7 in U.S. District Court for the Western District of Pennsylvania on behalf of Butler, Fayette, Greene and Washington counties, four Republican lawmakers and several small businesses.

[naviga:h3]Suit alleges shutdown order violates rights[/naviga:h3]

The complaint asked for declaratory judgments that the state's stay-at-home and business shutdown orders, intended to slow the spread of COVID-19, had violated certain constitutional rights.

U.S. District Judge William Stickman IV, who is presiding over the case, subsequently granted the plaintiff's a petition for an expedited hearing on their claims.

The defendants' attorney, Karen Romano, chief deputy attorney general, in initial disclosures listed three potential witnesses:

Sarah Boateng, executive deputy secretary at the Pennsylvania Department of Health.

Boateng may testify on the need for the stay-at-home and business closures orders and the state's reopening plan, and “why some counties progressed to the 'yellow' or 'green' phases sooner than others, and the criteria utilized in making the reopening decisions,” court documents said.

Sam Robinson, Wolf's chief of staff.

Robinson could offer testimony about the business closure order, “specifically with respect to the development of the life-sustaining and non-life sustaining categories for businesses and the rationale for the classification of certain businesses (in) these categories, documents said.”

Neil Weaver, executive deputy secretary at the Department of Community and Economic Development.

Weaver could testify regarding the process by which the governor granted or denied waivers to certain businesses following the shutdown order, as well as “administrative decisions made by (DCED) or the defendants approving/denying activities by various businesses.”

The plaintiff's initial disclosures showed their list of potential witnesses include:

Osche, chairman of the Butler County board of commissioners.

Osche's testimony, in part, would describe how the shutdown orders disrupted the lives and businesses of county residents. She also is expected to testify about “disparate treatment regarding the classification of the County in the scheme devised by the Defendants with respect to other neighboring counties,” court documents stated.

Additionally, she may testify about the dissimilar treatment between “small, locally owned businesses and large 'boxed' stores, and similar enterprises.”

Osche also is expected to testify how the orders “have impaired the ability of the public to attend public meetings of the governing body and/or to participate in their lawful attendance at and observance of the government,” documents said.

David Lohr, chairman of the Fayette County commissioners, and/or Scott Dunn, vice chairman of the commissioners.

Mike Belding, chairman of the Greene County commissioners, and/or Betsy McClure, vice chairman of the commissioners.

Diane Irey Vaughan, chairman of the Washington County commissioners.

The testimony of those representatives from the other counties are to be similar to that of Osche.

U.S. Rep. Mike Kelly, R-16th; and state Reps. Marci Mustello, R-11th; Daryl Metcalfe, R-12th; and Tim Bonner, R-8th.

The lawmakers could testify how the shutdown orders “prohibited (them) from engaging in door-to-door campaigning, holding and attending campaign rallies and other Constitutionally protected activities,” documents said.

Nancy Gifford and Mike Gifford, owners of Double Image Styling Salon, Butler Township

A representative of Prima Capelli Salon, Center Township.

Cathy Hoskins, owner of Classy Cuts Hair Salon, Greene County.

A representative of R.W. McDonald & Sons, Butler.

Paul Crawford, owner of Marigold Farms, Washington County.

Steven Schoeffel, harness horse trainer and driver at Meadows Racetrack, Washington County.

Representatives of Starlight Drive-In, Center Township, and Skyview Drive-In, Greene County.

The owners and/or representatives of all those businesses may testify, in part, that they could have operated (their) businesses, deemed non-life-sustaining, with the same or equal COVID-19 safeguards as businesses classified as life-sustaining.