Citing that New York and Ohio have permitted golf courses to remain open during the COVID-19 crisis, Blueberry Golf Course has filed a supplemental application for relief.

That application was filed with the Pa. Supreme Court as part of a broader challenge of Gov. Tom Wolf’s order to close non-life sustaining businesses.

“Neighboring and other governors have issued Stay-At-Home orders that permit golf courses to remain open,” the application states, “provided they put into place COVID-19 prevention and mitigation protocol, thus recognizing the importance of golfing to help fulfill the need for exercise.”

Blueberry’s filing notes it will lose business to courses in N.Y. who will re-open with protocols in place “even though petitioner is prepared and willing to implement the exact same protections as are required of the New York State golf courses.”

The document notes that Ohio and Florida have elected to permit golf courses to operate during this time.

“In the meantime, Petitioner is still subject to this governor’s closure order and is continuing to suffer economic harm and a deprivation of its constitutional rights,” the filing states, claiming it has not received a ruling on its waiver request to the order through the Department of Community and Economic Development.

“Petitioner requests that this Honorable Court order the Governor to revise his order and move all golf courses from the non-life-sustaining to life-sustaining lists.

In an exhibit signed by General Manager James Roth, they further highlight financial hardships caused by Wolf’s order, including accepting membership fees for 2020 which have been spent on “equipment, seed, chemicals and payroll to date. Blueberry has no ability to repay all or a portion of the membership money” as well as “several promissory notes” on which they will be unable to make the next payment. Wolf and Levine, through Attorney General Josh Shapiro, filed a response to the supplemental application that argues it was “filed out-of-time, present(s) no new facts, and actually support(s) the reasonableness of the Governor’s Order.

“With respect to golf courses, the Governor and Secretary of Health, guided by their experts, must be permitted broad discretion in determining whether golf courses represent an unacceptable risk of COVID-19 spread,” they argue. “While focusing exclusively upon three states with lenient golf course policies, the Entities fail to mention the 12 states-Illinois, Maine Massachusetts, Maryland, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, Vermont, Washington and Wisconsin- which join Pennsylvania in closing all courses.

“Each day, more and more courses are closed as states realize the dangers present in these recreational businesses.”