SEPTA v. City of Philadelphia and Philadelphia Commission on Human Relations

DISSENTING OPINION BY

President Judge PELLEGRINI.

The question in this case is whether the Southeastern Pennsylvania Transportation Authority (SEPTA) is subject to the City of Philadelphia’s (Philadelphia) anti-discrimination ordinances enacted pursuant to a grant of power in the First Class City Home Rule Act1 and the Pennsylvania Human Relations Act (PHRA).2

In finding that SEPTA is not subject to those ordinances, as instructed on remand, the majority conducts an analysis as set forth in Department of General Services v. Ogontz Area Neighbors Association, 505 Pa. 614, 483 A.2d 448 (1984), to…