Case Information
*1 IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT PENNSYLVANIA RESTAURANT AND : No. 238 WAL 2017 LODGING ASSOCIATION, STORMS :
RESTAURANT AND CATERING, LLC :
D/B/A STORMS RESTAURANT, : Petition for Allowance of Appeal from LAWRENCEVILLE BREWERY, INC., : the Order of the Commonwealth Court 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 32 BJ :
: : PETITION OF: CITY OF PITTSBURGH :
PENNSYLVANIA RESTAURANT AND : No. 239 WAL 2017 LODGING ASSOCIATION, STORMS :
RESTAURANT AND CATERING LLC :
D/B/A STORMS RESTAURANT, : Petition for Allowance of Appeal from LAWRENCEVILLE BREWERY INC. D/B/A : the Order of the Commonwealth Court THE CHURCH BREW WORKS, 1215 :
INCORPORATED, D/B/A RITA'S ITALIAN :
ICE, DIRT DOCTORS CLEANING :
SERVICE LLC, AND MODERN CAFE :
INC. :
: : v. : : : *2 CITY OF PITTSBURGH, COUNCIL OF :
THE CITY OF PITTSBURGH, AND :
WILLIAM PEDUTO, AND SERVICE :
EMPLOYEES INTERNATIONAL UNION :
LOCAL 32 BJ :
: : PETITION OF: CITY OF PITTSBURGH, :
COUNCIL OF THE CITY OF :
PITTSBURGH, AND WILLIAM PEDUTO :
ORDER
PER CURIAM
AND NOW , this 29 th day of November, 2017, the Petitions for Allowance of Appeal are GRANTED , limited to the issue set forth below. Allocatur is DENIED as to all other issues.
The issue, rephrased for clarity, is as follows :
Did the Commonwealth Court err in holding that the State Emergency Management Services Code, the State Disease Prevention and Control Act Law, the Second Class City Code, and the Home Rule Charter and Options Law fail ed to satisfy the “expressly provided by statute” exception, and that the City of Pittsburgh therefore lacked the authority to pass the Paid Sick Days Act and the Safe and Secure Buildings Act?
The appeals from Nos. 227-230 WAL 2017 and Nos. 236-239 WAL 2017 are hereby CONSOLIDATED for briefing and oral argument.
A True Copy Patricia Nicola As Of 11/29/2017 Attest: ___________________ Chief Clerk Supreme Court of Pennsylvania [238 WAL 2017 and 239 WAL 2017] - 2