ERIE – The Millcreek Mall owners are suing Pennsylvania Gov. Tom Wolf and Secretary of Health Dr. Rachel Levine, in order to reopen the mall, the Cafaro Company announced in a statement Wednesday afternoon.
The suit seeks the mall reopening and further seeks to prohibit Wolf and Levine from restricting the mall in an “arbitrary and capricious manner.”
The state ordered the mall to close March 16 in an effort to curb the spread of the Coronavirus (COVID-19).
Most Erie County stores were permitted to reopen May 8, but the Millcreek Mall was not allowed to reopen because officials said “enclosed malls” were not eligible to reopen.
The suit said the state violated the mall owner’s rights under the Equal Protection and Due Process provisions of the 14th Amendment to the U.S. Constitution.