Section 1908 is Unconstitutional, per AG Kane

[Statkowski]

Don't hold your breath waiting for it to happen, but AG Kane is of the opinion that HB 1696 is unconstitutional since it applies only to a County of the Fourth Class, and there's only one County in the Commonwealth that meets that definition - Washington County, and she feels that HB 1696 was written to specifically address a Washington County issue.

Well, 18 Pa. C.S. § 6108 only applies to a City of the First Class, and there's only one City in the Commonwealth that meets that definition - the City of Philadelphia, and it was written to specifically address a Philadelphia issue.

Her opinion is here: http://www.attorneygeneral.gov/uploa...N_JULY2011.pdf

[twency]

Don't hold your breath waiting for it to happen, but AG Kane is of the opinion that HB 1696 is unconstitutional since it applies only to a County of the Fourth Class, and there's only one County in the Commonwealth that meets that definition - Washington County, and she feels that HB 1696 was written to specifically address a Washington County issue.

Well, 18 Pa. C.S. § 6108 only applies to a City of the First Class, and there's only one City in the Commonwealth that meets that definition - the City of Philadelphia, and it was written to specifically address a Philadelphia issue.

Her opinion is here: http://www.attorneygeneral.gov/uploa...N_JULY2011.pdf

That's from 2011 and signed "Linda L. Kelly" "Attorney General".

[Statkowski]

Sorry 'bout that. But, if the opinion hasn't been overturned, couldn't it be used to get 1908 removed?

[twency]

Sorry 'bout that. But, if the opinion hasn't been overturned, couldn't it be used to get 1908 removed?

No idea what weight it might hold, sorry. Maybe one of the legal eagles will see this and chime in with an opinion.

[libra8]

I thought it was common knowledge that 6108 was an illegal law. Someone just needs to be the guinea pig.

[knight0334]

Sorry 'bout that. But, if the opinion hasn't been overturned, couldn't it be used to get 1908 removed?

No idea what weight it might hold, sorry. Maybe one of the legal eagles will see this and chime in with an opinion.

If I remember correctly - PA's AG lacks the authority to give legal opinion or review of laws like the AG's of other states can.

While our AG can draft up an opinion - legally that opinion has the same legal weight as yours or mine.

[mrjam2jab]

If I remember correctly - PA's AG lacks the authority to give legal opinion or review of laws like the AG's of other states can.

While our AG can draft up an opinion - legally that opinion has the same legal weight as yours or mine.

Why is that?

[Statkowski]

Why is that?

Probably because there's no statute or court ruling granting it such.

However, it would add some weight to an argument, yes?