Pennsylvania Department of Health files lawsuit aiming to shut down Spring Carlisle

By Daniel Strohl - Jun 18, 2020

 

Photo courtesy Carlisle Events.

Photo courtesy Carlisle Events.

 

Despite a Pennsylvania Health Department lawsuit filed this week against Carlisle Events seeking to shut down the twice-postponed Spring Carlisle show and swap meet, Carlisle officials intend to keep the event's gates open through this weekend.

"We're definitely confident that the event will continue as scheduled through Saturday," said Mike Garland, a spokesperson for Carlisle Events.

According to the lawsuit, filed Wednesday morning as the gates at Spring Carlisle opened, the decision to hold the event violates the commonwealth's three-tiered reopening plan following Governor Tom Wolf's stay-at-home orders. Cumberland County, out of which Carlisle Events operated in Pennsylvania, has reached the green phase, the most lenient and open level of the reopening system, in which gatherings of more than 250 people are still prohibited. Similar restrictions from the Pennsylvania government influenced the Antique Automobile Club of America's decision to cancel this year's Hershey swap meet for the first time in 65 years.

 Scenes of the 2019 Spring Carlisle, which we chronicled in a One Perfect Day article. Photo by Dan Stoner.
Scenes of the 2019 Spring Carlisle, which we chronicled in a One Perfect Day article. Photo by Dan Stoner.
 
 
The lawsuit also claims that state officials insisted twice this month that Carlisle Events officials abide by the 250-person limit.
 
 
On June 9, 2020, Respondent inquired to the Pennsylvania Department of Community & Economic Development (“DCED”) about a waiver which would have permitted Spring Carlisle to exceed the 250-person limit and permit a crowd of approximately 100,000 people to attend this gathering.

DCED informed Respondent that it must follow all green phase guidance issued by the Department of Health, including the limit of no gatherings larger than 250 people at a time.
 
On June 16, 2020, the Department of Health, through its Secretary, sent a letter to Carlisle Events by email reminding it of its obligation to comply with all orders, including the 250-person limitation.

The Secretary of Health requested that Respondent respond in writing by 7 p.m. on June 16, to confirm that all event organizers will adhere to all orders, including the 250-person limitation.
 
No response was received.
 
 
Garland declined to comment on the allegations in the lawsuit, citing the "ongoing legal matter." However, Carlisle Events did issue a statement later in the day Wednesday stating that the company has retained counsel and intends "to vigorously defend this action."
 
 
Our approximately 100-acre event facility provides ample space for vendors and patrons to interact in a responsible manner, consistent with the CDC’s social distancing and other COVID-19 guidelines.
 
We believe the Department of Health’s Order is invalid. Even if the Order is valid, the Department has erred in its application to outside events such as ours, or has acted arbitrarily in seeking to enforce the order against us, while permitting other entertainment venues to open.
 
According to Garland, the 82-acre Carlisle fairgrounds facility "will not see 250 people gathered in one location. Everybody is in motion - here, there, everywhere." For that reason, he said, the swap meet shouldn't be treated any different than outdoor racing facilities, mini golf and family fun centers, and even amusement parks already open or slated to open in the commonwealth.
 
 
In addition, as Garland noted on a video on the Carlisle Events Facebook page, the company has instituted a number of health and safety measures at the fairgrounds, including sanitation stations, reminders to social distance, touchless points of entry, and 
 
Though he didn't offer any estimates of how many attendees Spring Carlisle has already seen - that data is typically compiled after the event - Garland said that about 1,400 to 1,500 vendors are expected to show up. Attendance is down overall, but he attributed that to having the event in June versus its normal April time slot. "It's apples to oranges," he said.
 
 
Just one example of the wares for sale from the 2019 swap meet. Photo by Dan Stoner.
Just one example of the wares for sale from the 2019 swap meet. Photo by Dan Stoner.
 
 
According to WGAL, a hearing on the matter on Thursday morning ended without any ruling on the lawsuit, though another hearing is scheduled for Friday.
 
As for whether the lawsuit will effect the rest of this year's Carlisle Events schedule - according to the Carlisle Events website, the Chevrolet Nationals, Chrysler Nationals, Ford Nationals, Truck Nationals, Import and Performance Nationals, Corvettes at Carlisle, and Fall Carlisle are all still slated to take place - Garland said Carlisle Events officials "are approaching the season one event at a time, but plan to implement the events as promoted on the website."
 
Originally scheduled for April 22-26, then re-scheduled to May 27-31, Spring Carlisle is expected to run through Saturday.
 
 
SOURCE: HEMMINGS