Z & R Cab, LLC v. Philadelphia Parking Authority

MEMORANDUM

DALZELL, District Judge.

I. Introduction

We here must consider whether a decision of the Commonwealth Court of Pennsylvania applies retroactively to this 42 U.S.C. § 1983 case. As will be seen, this inquiry obliges us to analyze nuances of federalism.

Taxicab operators Z & R Cab, LLC and Zoro, Inc. (collectively, “Z & R Cab”) bring this suit individually and on behalf of a class of others to recover fees paid to the Philadelphia Parking Authority (or the “PPA”) under a state statute the Commonwealth Court held unconstitutional in February of 2013. The plaintiffs seek a declaration that…