I've got good news and bad news,
The good news? Easton's commuter tax is wounded. The bad news? It's expected to recover.
At this evening's Northampton County Council meeting, Solicitor Vic Scomillio reported that Easton City officials have agreed to rework their commuter tax to ensure that it applies uniformly to both residents and non-residents alike. This non-uniformity is why Senior Judge Braxton invalidated a similar tax in Scranton.
According to Scomillio, Easton is set to enter into a Consent Order tomorrow. It is unclear whether the tax will continue to be collected while Easton re-works its commuter ordinance. But if Easton is agreeing that the tax as it exists is invalid, I don't see how it can be collected.
In addition to a lack of uniformity, commuter taxes have been attacked as taxation without representation. That argument, however, has fared poorly in court.
The strongest argument against a commuter tax has nothing to do with legalities. It has been proven that they actually drive business away. This point was made this fall at a Lehigh University symposium to which Easton failed to send a single official.Philadelphia, for example, is actually in the process of phasing out its commuter tax.
12 comments:
What's a Taz?
So county employees should now be happy? The tax whatever you call it will still come out of their pay checks. Great job.
5:40,
county so called employees will never be happy no matter what you give them. the majority are nothing but takers and union cry babies. Their best efforts are demonstrated by dressing up in silly costumes and blowing dolls
the only good thing is the recent retirements that rid the county of some of this plaque.
Why is it that the county workers always get blammed?? Are they the only ones being unfairly taxed?? I thougth the School teachers union was also fighting this? 6:55 is obiviously an idiot.
6:55- "give them"? Your nuts. A tax to their paycheck is not giving them anything. Now go pay your bills.
dental health is also imprtant."plaque". schmuck.
6:55 You havent been an employee of anything for over a decade, will be losing your home soon and rely on mommy's wheels because your luxurious Rav-4 is in hiding! Im glad the government is paying for your internet service so you can continue to vomit nonsense. Now go create another username on lehighvalleylive you sponge!
Taz is nickname for Tazmanian Devil, my favorite Looney Tunes character.
Not much of a victory for the county. Tax remains, just has to be uniform, which was the law to begin with. Employees still pay. Merely a token gesture by Brown to appease the workforce he is otherwise screwing.
This is no victory at all. Though courts have uniformly rejected the taxation without representation argument, we all know this is the real root of the problem. Panto and his toadies can impose this onerous tax bc they know they suffer no consequences at the polls. I'd at least try that argument in addition to the uniformity objection.
There are two legal issues that are being blended. The first is procedure under the law. Did the city properly enact the tax and treat all taxpayers equally? The second is a constitutional issue. Is the law constitutional? The law may not pass constitutional tests. That decision would never come from Northampton County courts. At minimum, the best anyone can hope for is the city to be found faulty in its procedures to adopt the tax. If anything, the city then adopts the tax using the right procedures and the tax never goes away.
Now that this non event recedes Brown can now direct his efficiency machine to the understaffed prison and civil division office. He is a barbarian within the gates with a clueless solicitor at his side.
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