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Commuters Take Scranton to Court Over Tax

SCRANTON — A group of people who work in Scranton but live elsewhere took city officials to court Friday over the new “commuter tax” set to ta...

SCRANTON -- A group of people who work in Scranton but live elsewhere took city officials to court Friday over the new "commuter tax" set to take effect next week.

Scranton's Mayor said the tax is needed to support the city's pension fund. But, the commuters said it is unfair to rely on them.

People who work in Scranton may start seeing the .75% tax come out of their pay starting on Wednesday if it's upheld by the judge. Friday was the first day of testimony in a lawsuit filed by just a few of the some 20,000 commuters who are hoping to have the tax struck down by the court.

They're state employees, law clerks, or medical workers in Scranton's hospitals. A packed courtroom full of commuters who all came to argue against a tax on people like them; people who work in Scranton, but live in other communities.

The .75% income tax that city officials approved this summer would mean a few hundred dollars a year for most commuters.

Jerry Snyder of Greenfield Township says it is a tax he can't afford.

"Oh, it hurts. And at one time, the state, a state worker, which I am, we got a 1% increase. They want to take .75%, why did I get an increase?" Snyder said.

Scranton's solicitor Jason Shrive said in court that the three-year tax would help save the city's pension fund, the most underfunded pension in the state. An Act 205 commuter tax is allowed under state law for cities with distressed pensions.

But, the commuters argued that they already pay an earned income tax in Scranton. So, now they may be taxed twice without representation.

"Personally, I don't really have a say in it, I'm not from Scranton. They want to collect my money but then I have no vote on council," added Lisa Zellers of Jermyn.

More than 30 commuters came to testify in court. Many we talked to said if the tax is upheld they plan to boycott Scranton businesses.

Mayfield's Mayor Al Chelik, who has fought past commuter taxes before, said even if the tax is upheld they plan to appeal at the state level.

"That is why we are asking all our 22,566 commuters to give us $10 so that we can have a war chest of $200,000 to go after the constitutionality of this whole legislation," Chelik said.

Chelik said a few dozen commuters have donated to the legal fund so far.

Scranton's mayor and solicitor said they would hold comments until after the hearing is finished. Then, a visiting judge from Philadelphia has no deadline in making a decision.

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