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RESTAURANT ASS'N v. CITY OF PITTSBURGH

No. 57 WAP 2017 No. 58 WAP 2017 No. 59 WAP 2017 No. 60 WAP 2017 No. 61 WAP 2017 No. 62 WAP 2017 No. 63 WAP 2017 No. 64 WAP 2017.

211 A.3d 810 (2019)

PENNSYLVANIA RESTAURANT AND LODGING ASSOCIATION, Storms Restaurant and Catering, LLC d/b/a Storms Restaurant, Lawrenceville Brewery, Inc., d/b/a the Church Brew Works, 1215 Incorporated, d/b/a Rita's Italian Ice, Dirt Doctors Cleaning Service LLC, and Modern Cafe Inc. v. City of Pittsburgh v. Service Employees International Union Local 32BJ. Appeal of: Service Employees International Union Local 32BJ. Pennsylvania Restaurant and Lodging Association, Storms Restaurant and Catering, LLC, d/b/a Storms Restaurant, Lawrenceville Brewery, Inc., d/b/a the Church Brew Works, 1215 Incorporated, d/b/a Rita's Italian Ice, Dirt Doctors Cleaning Service LLC, and Modern Cafe Inc. v. City of Pittsburgh, Council of the City of Pittsburgh, and William Peduto, and Service Employees International Union Local 32 BJ. Appeal of: Service Employees International Union Local 32BJ. Building Owners and Managers Association of Pittsburgh v. City of Pittsburgh, Council of the City of Pittsburgh, and William Peduto, and Service Employees International Union Local 32BJ. Appeal of: Service Employees International Union Local 32BJ. Building Owners and Managers Association of Pittsburgh v. City of Pittsburgh, Council of the City of Pittsburgh, and William Peduto, and Service Employees International Union Local 32BJ. Appeal of: Service Employees International Union Local 32BJ. Building Owners and Managers Association of Pittsburgh v. City of Pittsburgh, Council of the City of Pittsburgh, and William Peduto, and Service Employees International Union Local 32BJ. Appeal of: City of Pittsburgh, Council of the City of Pittsburgh, and William Peduto. Building Owners and Managers Association of Pittsburgh v. City of Pittsburgh, Council of the City of Pittsburgh, and William Peduto, and Service Employees International Union Local 32BJ. Appeal of: City of Pittsburgh, Council of the City of Pittsburgh, and William Peduto. Pennsylvania Restaurant and Lodging Association, Storms Restaurant and Catering, LLC, d/b/a Storms Restaurant, Lawrenceville Brewery, Inc., d/b/a the Church Brew Works, 1215 Incorporated, d/b/a Rita's Italian Ice, Dirt Doctors Cleaning Service LLC, and Modern Cafe Inc. v. City of Pittsburgh v. Service Employees International Union Local 32BJ. Appeal of: City of Pittsburgh, Council of the City of Pittsburgh, and William Peduto. Pennsylvania Restaurant and Lodging Association, Storms Restaurant and Catering, LLC, d/b/a Storms Restaurant, Lawrenceville Brewery, Inc., d/b/a the Church Brew Works, 1215 Incorporated, d/b/a Rita's Italian Ice, Dirt Doctors Cleaning Service LLC, and Modern Cafe Inc. v. City of Pittsburgh, Council of the City of Pittsburgh, and William Peduto, and Service Employees International Union Local 32BJ. Appeal of: City of Pittsburgh, Council of the City of Pittsburgh, and William Peduto.

Supreme Court of Pennsylvania.

Decided: July 17, 2019.

Attorney(s) appearing for the Case

Joshua Martin Bloom, Esq., Joshua M. Bloom and Associates, P.C., for Amicus Curiae International Association of Fire Fighters, Local 1.

Kathleen Duffy Bruder, Esq., Government Relations, for Amicus Curiae The National Federation of Independent Business Small Business Legal Center, Pennsylvania Food Merchants Association, Pennsylvania Chamber of Business and Industry.

Crystal H. Clark, Esq., McNees Wallace & Nurick LLC, for Amicus Curiae The National Federation of Independent Business Small Business Legal Center, Pennsylvania Food Merchants Association, Pennsylvania Chamber of Business and Industry.

Scott Everett Coburn, Esq., Pennsylvania State Association of Township Supervisors, for Amicus Curiae Pennsylvania State Association of Township Supervisors.

Susan Frietsche, Esq., Women's Law Project, for Amicus Curiae Fifty-One Organizations Committed to Women's Health and Safety.

William Scott Hardy, Esq., Ogletree, Deakins, Nash, Smoak & Stewart, P.C., for Amicus Curiae Restaurant Law Center.

Gretchen Kirstin Love, Esq., Cambell Durrant Beatty Palombo & Miller, P.C., for Amicus Curiae Pennsylvania Municipal League, Pennsylvania State Association of Township Commissioners.

Melvin L. Vatz, Esq., for Amicus Curiae A Better Balance and Local Government and Labor Law Professors.

Mary Catherine Roper, Esq., American Civil Liberties Union of PA, for Amicus Curiae American Civil Liberties Union of PA.

John Fitzgerald Doherty, Esq., City of Pittsburgh Law Department, Lourdes M. Ridge, Esq., Pietragallo Gordon Alfano Bosick & Raspanti, LLP, Jordan Berson Yeager, Esq., Curtin & Heefner LLP, for Appellant Council of the City of Pittsburgh, City of Pittsburgh, Peduto, William.

Yvonne Schlosberg Hilton, Esq., Wendy Kobee, Esq., City of Pittsburgh Law Department, for Appellant City of Pittsburgh.

Megan M. Block, Esq., Healey Block LLC, for Appellee Service Employees International Union Local 32BJ.

William Shaw Stickman IV, Esq., Del Sole Cavanaugh Stroyd, LLC, Stephen John Del Sole, Esq., for Appellee Lawrenceville Brewery, Inc., The Church Brew Works, Rita's Italian Ice, Pennsylvania Restaurant and Lodging Association, Storms Restaurant and Catering, LLC, Storms Restaurant, 1215 Incorporated, Modern Cafe Inc., Dirt Doctor's Cleaning Service, LLC.

Michael James Healey, Esq., Healey, Block, & Hornack, P.C., Katchen Locke, Esq., for Appellee Service Employees International Union Local 32BJ.

Gregory Allen Evashavik, Esq., Nicholas Jason Evashavik, Esq., Evashavik Law LLC, Timothy Joseph Lyon, Esq., Lyon LLC, for Appellee Building Owners and Managers Association of Pittsburgh.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

Pennsylvania long has sought to balance carefully the time-honored prerogatives of local governance with the countervailing state interest in providing a hospitable environment for commercial activity. In its recent enactment of two ordinances that impose certain obligations upon local businesses...

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