Commonwealth v. Rich

Opinion by

President Judge Crumlish, Jr.,

The Commonwealth of Pennsylvania and the City of Philadelphia appeal a Philadelphia Court of Common Pleas decision1 which struck down as unconstitutional and preempted Philadelphia’s Obscenity Ordinance (Ordinance)2 and discharged appellees. We reverse and remand for proceedings consistent with this opinion.

*33Preemption

The State Obscenity Act3 (Act) is silent on the issue of preemption, leading us to ascertain the intent of the legislature. If the general tenor of the Act reflects an intent to prohibit local ordinances, we are bound to follow that…