After filing a lawsuit against Allegheny County on Dec. 18, F.A.C.T. members appeared in front of Judge Judith Olson in the Allegheny County Court of Common Pleas. They argued that the county is not allowed to use surplus money raised from the 10 percent drink tax or the $2 per-day tax on car rentals on anything other than the region’s Port Authority transit system. Allegheny Councilman Chuck McCullough said road and bridge restoration and repair should not count as an earmark.
However, Allegheny County Solicitor Michael Wojcik said the drink tax and car rental tax under Act 44 is "to provide financial support for transit systems." More constricted wording could have clearly marked the money for only the Port Authority to use.
Judge Olson said a decision on whether to place an injunction will be issued as quickly as possible.