The City of Harrisburg has been denied. Again. That’s right, again.
On June 25th, the Commonwealth Court issued its ruling regarding Act 192. In response to the ruling, the City of Harrisburg filed a Petition for Review with the Commonwealth Court in U.S. Law Shield, et al. v. City of Harrisburg, et al. The Petition asked the appellate court to review a decision that generally is not subject to appeal. On July 13th, that Petition was denied.7-14-2015 Order Denying Petition for Review
This is the strategy Harrisburg has utilized all along. Appeal anything and everything, even if it isn’t subject to appeal. Don’t like the trial court’s ruling? Just try the appellate court. Don’t like your odds in the trial court? Let’s just try to litigate the whole thing in the appellate court. Most of all, ask for a stay. Drag this thing out for as long as possible. Then ask for another stay.
For a long time, it has felt like U.S. Law Shield is the pitcher on the mound, and the trial court has shouted “play ball!”
But the City of Harrisburg refuses to get in the batter’s box. Instead, they stand with one foot out of the box, their back hand up, constantly calling “Time out!”
They don’t want to hit. They ask for video review, even when the rules don’t allow for video review for balls and strikes.
They don’t want to litigate. They claim their legal position is strong, and that the ordinances do not violate state law. Then why not litigate the issue? If they are so entirely confident, why do they avoid a court ruling on whether the ordinances are lawful?
With their latest Petition, the City of Harrisburg hoped the ruling in a different case would help them. Harrisburg does not claim that the ruling on Act 192 makes their ordinances legal. It has no impact on whether or not the ordinances are legal. The only thing Harrisburg claims is that without Act 192, nobody can challenge the illegal ordinances.
They don’t claim that they can win in the ring. They only claim that because of the Commonwealth Court’s ruling regarding Act 192, nobody else should be allowed in the ring.
Let’s get in the ring. If these ordinances are legal, let the court say so. If these ordinances are illegal, which we all know they are, let’s get rid of them. I don’t think anybody believes that illegal laws are a good thing. If Harrisburg believes that illegal laws are a good thing, then we beg them to simply say so. Stop beating around the bush. Otherwise, let’s see what the court has to say.