THE CHAMBER OF COMMERCE FOR GREATER PHILADELPHIA v. CITY OF PHILADELPHIA et al

Filing 90

MEMORANDUM OPINION ORDER THAT PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION (DOC. NO. 32 ) IS GRANTED IN PART AND DENIED IN PART. DEFENDANTS ARE ENJOINED FROM IMPLEMENTING SEC. 9-1131(2)(A)(I) OF THE PHILADELPHIA CODE. THE MOTION IS DENIED AS TO SEC. 9-1131(2)(A)(II) OF THE PHILADELPHIA CODE. THE PRELIMINARY INJUNCTION SHALL NOT ISSUE UNTIL PLAINTIFF POSTS A BOND IN THE AMOUNT OF $100. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 4/30/2018. 4/30/2018 ENTERED AND COPIES MAILED TO UNREP AND E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________________
THE CHAMBER OF COMMERCE
:
FOR GREATER PHILADELPHIA,
:
individually and on behalf of its members,
:
:
Plaintiff,
:
:
v.
:
:
CITY OF PHILADELPHIA and
:
PHILADELPHIA COMMISSION ON
:
HUMAN RELATIONS,
:
:
Defendants.
:
____________________________________________:

CIVIL ACTION

No. 17-1548

ORDER
AND NOW, this 30th day of April, 2018, upon consideration of “Plaintiff’s Motion for a
Preliminary Injunction” (Doc. No. 32), “The City of Philadelphia’s Memorandum of Law in
Opposition to Motion for Preliminary Injunction and in Support of a Request for a Hearing on
the Motion” (Doc. No. 63), “Plaintiff’s Reply Memorandum of Law in Support of Plaintiff’s
Motion for a Preliminary Injunction and in Opposition to the City’s Request for an Evidentiary
Hearing” (Doc. No. 79), “The City of Philadelphia’s Surreply in Opposition to Motion for
Preliminary Injunction and in Support of a Request for Discovery and a Hearing on the Motion”
(Doc. No. 81), and following Oral Argument held on February 1, 2018, and in accordance with
the accompanying Memorandum Opinion,1 it is hereby ORDERED that:
1

I have also considered “Brief of Amici Curiae Chamber of Commerce of the United
States of America, the Pennsylvania Chamber of Business and Industry, the Pennsylvania
Manufacturers’ Association, and the National Federation of Independent Business Small
Business Legal Center in Support of Plaintiff’s Motion for a Preliminary Injunction” (Doc. No.
46), “Brief of Amici Curiae the African-American Chamber of Commerce of Pennsylvania, New
Jersey and Delaware and the Latino Coalition in Support of Plaintiff’s Motion for a Preliminary
1

-

“Plaintiff’s Motion for a Preliminary Injunction” (Doc. No. 32) is GRANTED in part
and DENIED in part.

-

Defendants are ENJOINED from implementing § 9-1131(2)(a)(i) of The Philadelphia
Code.

-

The Motion is DENIED as to § 9-1131(2)(a)(ii) of The Philadelphia Code.

-

The preliminary injunction shall not issue until Plaintiff posts a bond in the amount of
$100.

BY THE COURT:
/s/ Mitchell S. Goldberg
_____________________
Mitchell S. Goldberg, J.

Injunction” (Doc. No. 54), “Brief of Washington Legal Foundation as Amicus Curiae in Support
of Plaintiff’s Motion for a Preliminary Injunction” (Doc. No. 59), “Brief of Amici Curiae
Women’s Law Project and 27 Organizations Dedicated to Gender Wage Equity in Support of
Defendants’ Opposition to Plaintiff’s Amended Motion for a Preliminary Injunction” (Doc. No.
69), and “Brief of Amici Curiae American Civil Liberties Union and American Civil Liberties
Union of Pennsylvania in Support of Defendants’ Opposition to Plaintiff’s Amended Motion for
a Preliminary Injunction.” (Doc. No. 77).
2