The Pennsylvania Commonwealth Court on Tuesday rejected Delaware County’s attempt to force localities out of the health inspections business, accusing the county of failing to act in good faith toward local towns.
For local town officials like Rocco Gaspari Jr., it was a victory for local control and the court pushing back on “bullying” by county officials trying to muscle townships and boroughs who refuse to get in line.
When Delaware County first created its Department of Public Health in 2022, it triggered a conflict with local officials over health inspections and the licensing of food and beverage establishments, swimming pools, etc., in their communities. When the county made it clear it planned to sweep in and take over the inspections — and the revenues they generate — some communities immediately went to court and challenged them.
Lower Chichester Township, on the other hand, reached out to the county. When the new health department refused to work cooperatively with the township in restaurant inspections and licensing, it wrote to the state’s Secretary of Health, Keara Klinepeter.
The secretary characterized Lower Chichester’s request as a “matter of importance that needs to be resolved between the County and Lower Chichester’s Boards of Health.” In its ruling on Tuesday, the court noted the Delco Health Department refused to meet with the Lower Chichester officials.
Delaware County asked the Delaware County court to order local towns to end their inspections and hand over the duties to the county. Communities like Clifton Heights, Eddystone, Prospect Park, Ridley Park and Thornbury refused, arguing the law allowed them to continue to provide these services locally. The county lost, and the case went to the Commonwealth Court.
On Tuesday, it lost again.
Jim Byrne, a lawyer representing the local townships, said the ruling “affirms our position that the local processes for health regulation are appropriate and the County should not disturb the local agencies who have provided excellent services to the local communities for many years.”
But Frank Catania, an attorney for Lower Chichester, said taxpayers should be asking why the county continues to spend time and money on legal actions to interfere with public health services, particularly at a time when the county’s healthcare system is in crisis.
“The Delaware County Health Department reportedly has an $18 million annual budget, but that didn’t prevent four hospitals from being closed in the past three years, ” Catania said. “I don’t believe the voters who supported the creation of a county health department supported this kind of result.”
Catania was referring in part to the recent shutdown of Crozer Health, the largest health system in Delaware County.
Michael Connelly, communications director for Delaware County, rejected criticism that the county was spending too much time on restaurant inspections and doing too little to address the closing of local hospitals.
“The county finds remarks regarding the health department and its response to Prospect Medical Holdings’ systematic closure of hospitals deeply offensive to the hundreds of county workers and the thousands of hours dedicated to addressing the critical consequences of Prospect Medical Holdings’ decision to close its two remaining hospitals in Delaware County,” Connelly told DVJournal. “In 2022, Delaware County passed an emergency ordinance requiring healthcare providers to give 180 days’ notice and submit a closure plan before shutting down essential healthcare facilities. Which Prospect Medical Holdings failed to do.”
Connelly, who puts the 2023-2024 county health department budget at just under $12 million, said it was “
That doesn’t change the fact that the county’s public health condition has not improved since the decision to invest millions in a new health department, critics say. Rather than a take over, the county should be looking for partners.
Instead, said Rocco Gaspari, Jr., President of the Board of Commissioners in Lower Chichester Township, they’ve been “bullies,” trying to pressure towns into doing what they want.
“When the county came in, they never met with us. They just showed up and started doing inspections,” said Gaspari, president of the Board of Commissioners in Lower Chichester Township.
Like Catania, Gaspari sees a county health department more focused on expanding its power than improving public health.
“Something I learned a long time ago: In our commonwealth, local government has sole authority in our jurisdictions,” Gaspari said. “We always had a board of health in Lower Chichester. The county’s health inspectors work nine to five, but ours is here 24/7. If a sewer pipe breaks at a restaurant and they need to reopen, we’re here to help.”
