HARRISBURG -- A Commonwealth Court judge has affirmed a lower court ruling that rejected two November ballot questions regarding Allegheny County's 10 percent drink tax.

Judge Keith Quigley yesterday affirmed an earlier ruling by Allegheny County Common Pleas Court Judge Joseph James.

Judge Quigley issued his ruling after hearing oral arguments from Assistant County Solicitor Allan Opsitnick and attorney Ron Barber, representing Friends Against Counterproductive Taxation, a group of restaurant and tavern owners who are opposed to the 10 percent drink tax.

Kevin Joyce, owner of The Carlton restaurant in Downtown Pittsburgh, said his side collected signatures on petitions from people opposed to the drink tax, which County Executive Dan Onorato proposed as a way to provide funding for mass transit.

Mr. Joyce said that his group's referendum question would have reduced the drink tax to 0.5 percent.

County Council had proposed its own referendum question, asking whether voters want to replace the drink tax with higher property taxes. But as of now, neither referendum question will appear on the Nov. 4 ballot in Allegheny County.

However, Mr. Joyce said late yesterday his group plans to appeal to the state Supreme Court, possibly today.

"We believe that folks who signed our petitions have the right to be involved in this decision," Mr. Joyce said. "Taxpayers should have a say about this drink tax. We felt all along that this issue would have to go to the Supreme Court."

Allegheny County Solicitor Mike Wojcik said he was pleased that the Commonwealth Court upheld the lower court's ruling, barring the referendum sought by FACT.

"While we are disappointed that Judge Quigley did not uphold the County Council referendum, we think it's appropriate that neither question goes on the November ballot."

He said he did not know whether the county would appeal the decision.

Mr. Onorato doesn't want to raise property taxes and has proposed lowering the drink tax to 7 percent.

Mr. Joyce was accompanied by several restaurant owners in court. They contend that the extra 10 percent tax on drinks will hurt business. Mr. Joyce said the tax already has raised more revenue for the county than the $30 million that was originally projected.