Gerald Joseph Villella's Legal Cases (2)

Constitutional

Pap's AM v. City of Erie, Pennsylvania,

Apr 10, 2000

OUTCOME: Successful reversal of PA Supreme Court

The Supreme Court upheld the validity of a Public Indecency ordinance enacted by the City of Erie, drafted by me as an Assistant Solicitor, against a First Amendment challenge brought by a local nude d ... ance establishment which allowed patrons to bring their own alcoholic beverages. The ordinance required minimal clothing to be worn by such live entertainers so as to equalize the regulatory treatment of such non-liquor-licensed establishments with the state-regulated taverns which controlled live entertainment. The case is reported at 529 US 277 (2000). I attended the oral argument in November 1999 with my partner, City Solicitor Gregory A. Karle, and Valerie Sprenkle, another Assistant Solicitor.

Tax

School District of the City of Erie et al vs. Hamot Medical Center et al

N/A

OUTCOME: Affirmation of revocation of tax-exempt status

The City, County and School District of Erie challenged the charitable tax exemption of Hamot Medical Center under Pennsylvania law, on the basis that the hospital was not acting as a "purely public ch ... arity" as defined by a state Supreme Court decision. The county court ruled that the exemption should be removed , and Hamot appealed to the Commonwealth Court of Pennsylvania, which then affirmed the decision as reported at 602 A.2d 407 (1992). I was counsel for the City in this case which generated other challenges and ultimately a legislative redefinition of the charitable tax exemption. A settlement was reached with Hamot, which continues to pay a compromise amount in lieu of real estate tax while maintaining its exemption.

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