A city of Pittsburgh ordinance meant to stop the proliferation and expansion of bars around South Side's East Carson Street was declared invalid in a decision rendered yesterday afternoon by Allegheny County Court of Common Pleas Judge Joseph James.
Judge James found that the ordinance was illegal because the city can't create special rules for bars. The city law was "an infringement on the power of the [state] Liquor Control Board and is invalid" because state law reserves most power to regulate alcohol for that agency.
The order also granted Carson Street restaurant Baba D's a conditional use, the city approval needed to serve alcohol. It additionally granted James M. Quinn, owner of a property at 1021 East Carson St., a writ compelling the city to issue him needed permits to serve alcohol there.
City Councilman Bruce Kraus, who represents the South Side, has already proposed a slightly modified version of the ordinance in a preemptive effort to keep it in force in the case of a court decision like the one rendered yesterday.
More details in tomorrow's Pittsburgh Post-Gazette.
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