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SOUTHEASTERN PA TRANSP. v. CITY OF PHILA.

20 EAP 2013

101 A.3d 79 (2014)

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellee v. CITY OF PHILADELPHIA and Philadelphia Commission on Human Relations, Appellants.

Supreme Court of Pennsylvania.

Decided September 24, 2014.

Attorney(s) appearing for the Case

Eleanor N. Ewing, Esq. , City of Philadelphia Law Department, for City of Philadelphia and Philadelphia Commission on Human Relations.

Andrew A. Chirls, Esq. , Mary Catherine Roper, Esq. , David Michael Rosenblum, Esq. , Philadelphia, for American Civil Liberties Union of PA and Mazzoni Center.

Ryan Allen Hancock, Esq. , Kathy Weaver Morrison, Esq. , PA Human Relations Commission, for Pennsylvania Human Relations Commission.

Michael Patrick Gallagher, Esq. , Katharine Virginia Hartman, Esq. , Patrick Michael Northen, Esq. , Holly Rebecca Rogers, Esq. , Dilworth Paxson LLP, Philadelphia, Gino J. Benedetti, Esq. , Southeastern Pennsylvania Transportation Authority, for Southeastern Pennsylvania Transportation Authority.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, STEVENS, JJ.

OPINION

Justice McCAFFERY.

We granted review in this case principally to clarify the standard for determining whether a municipal ordinance applies to an agency or instrumentality of the Commonwealth. The Commonwealth Court concluded here that the Southeastern Pennsylvania Transportation Authority ("SEPTA") is a Commonwealth agency and therefore not subject to either the provisions of the Philadelphia Fair Practices Ordinance ("FPO"),

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