Judge Strikes Down Residency Restriction

U.S. District Judge Gary Lancaster has voided an Allegheny County ordinance that would have restricted where registered sex offenders may live in the county once they've served their sentences. The ordinance was passed unanimously by County Council in October 2007 and was intended to ban sex offenders from living within a half mile of schools, licensed child care facilities, community centers and public parks. The American Civil Liberties Union challenged the ordinance in court saying it amounted to after-the-fact punishment and that offenders would have virtually no place to live in the county. Judge Lancaster's ruling says the ordinance conflicts with state laws meant to help rehabilitate sex offenders and reintegrate them into society. County Councilman Vince Gastgeb, the prime sponsor of the ordinance, says he's somewhat surprised by the judge's ruling because the legislation was well researched with 6 months of meetings and hearings. Gastgeb says numerous local jurisdictions have been allowed to have residency requirements and that council "watered down" his bill to address any possible legal challenges. Gastgeb says he wants to meet with Chief Executive Dan Onorato and the county solicitor before the county decides whether to appeal.

Drink Tax referendum challenged

Councilman Chuck McCullough and Smithfield Cafe owner John Petrolias filed a lawsuit Wednesday against a referendum bill passed by County Council August 5th. Petrolias thinks it's tough times for any tax hike. He says like the way people do, government should "make do with what you have." Petrolias says the hospitality industry is always targeted and a broad-based tax to support the Port Authority is more justified.

However, the referendum asks voters whether they want to eliminate the 10 percent drink tax in exchange for increased property taxes.

Roddey Sues County Council Democrats

A lawsuit from Allegheny County Republican Committee Chairman Jim Roddey alleges that Democrats on the County Council illegally met in secret on a proposed drink tax referendum. Roddey says a meeting July 8 violated the Sunshine Act and the county's home rule charter.

The Pennsylvania Sunshine Act bars closed-door meetings when a quorum is present, with some exceptions. Democrats hold an 11-4 majority on the council, and President Rich Fitzgerald says they have held caucus meetings with enough members to comprise a quorum. He maintains those meetings were informational only, and did not violate the Sunshine Act. Still, council Democrats agreed in late July not to caucus anymore.

Roddey says when he was County Chief Executive, he was taken to task for holding a lunch to welcome new members of the County Council. He says his solicitor advised him that holding the lunch violated the Sunshine Act, so after that he made sure that he met with no more than seven council members at a time. Some Democrats contend Roddey held multiple closed-door meetings with a quorum of council members.

Deadline Looms for FACT Referendum

Monday, August 3rd, marks the last day over 200 Allegheny County bars and restaurants will have to collect petition signatures for a referendum concerning the county's 10 percent tax on poured alcoholic beverages. On Tuesday the petition will need to be submitted with 23,0006 valid signatures to add to the ballot the question of whether or not to cut the drink tax from 10 percent to 0.5 percent.

Friends Against Counterproductive Taxation (FACT) member and owner of The Carlton restaurant Kevin Joyce says he expects to have a enough signatures, but he does not know how many they have exactly to this point.

Voters will already see one ballot question concerning the drink tax in November. Allegheny County Council recently passed a bill adding the question of whether citizens would prefer a property tax hike in lieu of the drink tax.

County Chief Executive Dan Onorato has previously claimed that the only solution to an elimination of the drink tax would be a raise of property taxes.

But FACT members, disagree with the county's question and Onorato's claim. Joyce says that the deficit caused by a smaller drink tax could be covered through more strict management of county resources and tighter budgeting.

Onorato has also said that he believes the potential FACT ballot question could be illegal because it would unbalance the budget.

Currently the drink tax is estimated to raise over $25 million more than the necessary $30 million needed to subsidize public transportation.

Group Home Legislation Causes Stir

County Councilman James Burn has proposed an ordinance that would require group homes with two or more disabled people to register before accepting residents. The proposed legislation has caused a stir among many advocacy groups because they claim it discriminates against a specific class of citizens by limiting the requirements to only those who are disabled. Councilman Burn says that he will not change or back down from this legislation.

County Council's Democrats Hold Closed Door Meetings

Allegheny County Council's Democratic Caucus says their closed door meetings are not a violation of the states Sunshine Act. Although the meetings make it possible for a quorum to be formed Council President Rich Fitzgerald says no votes have ever been taken and the purpose of the meetings is for informational purposes. He says the meetings give the newer members of council a chance to ask questions that they would be uncomfortable asking in public, and allow the part time legislators to have needed meeting time. He says if a court or legislative body gives a ruling that the meetings should not continue then the council will abide by that and no longer hold the meetings.

County Council Could Have Multiple Referendums On Novembers Ballot

Allegheny County may see multiple referendum questions on this years ballot all revolving around the same issue, the port authority and the controversial drink and car rental taxes county council's committee on government reform has approved two bills that would put referendums on the November ballot. One calls for the reduction of the drink tax from 10% to .5%, and the car rental tax to be reduced from $2 dollars to 50 cents a day. The second bill sponsored by councilman Chuck McCullough calls for the elimination of the port authority, and the privatization of mass transit. McCullough says that move would bring much revenue to the county because the current land owned by the port authority is worth $1 billion and is not taxable, but would be if privatized. Council president Rich Fitzgerald is also proposing a bill that would require a raise in property taxes as a result of any reduction in the drink and car rental taxes. Council will discuss those bills during a special meeting Tuesday.