Pa. Supreme Court Won't Hear Soda Tax Suit Before Common Pleas Court Ruling
PHILADELPHIA (CBS) -- The Pennsylvania Supreme Court has declined to take over the lawsuit seeking to stop Philadelphia's soda tax from taking effect. That means Common Pleas Court will rule on the case first.
Beverage Industry attorney Shanin Specter says he expected the ruling after the Common Pleas judge hearing the case said he would make a decision before the end of the year.
Specter says that's all both sides want -- a ruling on whether the soda tax is legally permissible before it's scheduled to take effect in January.
The tax would charge distributors 1-and-a-half cents an ounce on sweetened beverages, to raise an estimated $92-million a year for universal pre-K and other city projects.
Specter says the tax is unconstitutional. The city says it is, as it's applied at the distributor level.
The city Law Department says it's pleased with the decision as it will allow the case to be decided on a complete record and is confident the city will prevail.
Whoever loses in Common Pleas Court will likely appeal to the Supreme Court.
