Lawmakers Attack Soda Tax
Philadelphia’s notorious soda tax is once again under attack as a group of state lawmakers are coming down on the levy, calling it unconstitutional. The tax, which applies not just to soft drinks (diet and regular), but sweetened teas, milks, juices, and coffee drinks, was championed by Mayor Jim Kenney. Imposing a 1.5-cent surcharge per ounce on these drinks has drastically raised the price of beverages in Philadelphia, and the law has faced challenges since its inception. Kenney and the law’s backers support the soda tax because of its financial implications: the tax stands to make millions annually for good causes like universal pre-kindergarten, community centers, and schools.
Opponents of the soda tax are again trying to have it declared unconstitutional.
That’s not good enough for three dozen Pennsylvanian lawmakers, who worked together to author a brief that was presented Monday in the Commonwealth Court to nix the tax. The brief, which extended to thirteen pages, attacked the soda tax as unconstitutional, illegal, and possibly detrimental to the state budget. The authors of the brief expressed the concern that other cities in the Keystone State might try to follow Pennsylvania’s lead and enact their own beverage taxes. “Appellee and other cash-strapped cities such as Harrisburg, Chester, and Williamsport will use the appellee’s tax as a way to increase their revenues,” the brief read in part. “It is not unrealistic to expect that next year there will be a ‘candy tax’ based upon volume in Philadelphia, a sweetened beverage tax based upon volume in Harrisburg, and a ‘snack/cookie tax’ based upon volume in another cash-strapped city.”
Mayor Kenney took the brief in stride, stating that the thirty-six lawmakers who co-authored the measure did not represent a majority of the Legislature. The soda tax has stood up to legal challenges already in its short lifespan: lobbyists from the American Beverage Association threw considerable time and money into trying to convince a judge that the measure was unconstitutional, but they were overruled earlier this year.
