An Allegheny County councilman and a Downtown restaurant owner on Wednesday filed a lawsuit against the county that will challenge the legality of a referendum bill passed by council involving the drink tax, their attorney said.
Republican Councilman Chuck McCullough and John Petrolias, owner of Smithfield Cafe, filed the lawsuit in Common Pleas Court but have not yet filed the complaint, which would contain the specific allegations.
"It's related to the referendum legislation that allowed council to place a referendum on the ballot and the referendum itself," attorney John Graf said. "They're in violation of the county charter and state law."
Graf said the lawsuit will seek an injunction against the referendum, which will ask voters whether they want to repeal the 10 percent tax on alcoholic drinks in favor of higher property taxes to raise up to $45 million for the Port Authority.
Kevin Evanto, a spokesman for county Chief Executive Dan Onorato, said the lawsuit is an attempt by Republicans to raise property taxes.
"Obviously, we disagree with Councilman McCullough's interpretation of the ordinance and referendum," Evanto said.
This is the second lawsuit filed involving the drink tax referendum. Last week, former county Chief Executive Jim Roddey filed suit, alleging the Democrats on council violated the state Sunshine Law when they met behind closed doors to discuss the referendum.
Council President Rich Fitzgerald said a lawsuit over the referendum comes as no surprise.
"It's baseless and it's reaching," he said. "Unfortunately, the Republican Party has policies that aren't popular and they're attempting to use the courts to get their way."
Petrolias said the lawsuit isn't about politics.
"Sometimes government has to come to the conclusion that it's not there to solve every one of society's problems. Just leave us alone," said Petrolias, 72, of O'Hara. "We're going to stick it in Mr. Onorato's ear."
Petrolias was one of two owners who sued the county over its smoking ban last year.
On Tuesday, McCullough, of Upper St. Clair, and Republican Councilman Matt Drozd of Ross co-sponsored an ordinance that sought to repeal the portion of the law under which council's drink-tax referendum was approved. The measure was sent to a council committee.
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