HARRISBURG -- A Commonwealth Court judge today upheld a lower court ruling that rejected two Nov. 4 ballot questions regarding Allegheny County's 10 percent drink tax.

Judge Keith Quigley upheld an earlier ruling by Common Pleas Court Judge Joseph James.

Judge Quigley issued his ruling after hearing oral arguments from Assistant County Solicitor Allan Opsitnick and attorney Ron Barber, representing Friends Against Counterproductive Taxation, composed of restaurant and tavern owners who are opposed to the 10 percent drink tax.

Kevin Joyce, owner of The Carlton restaurant in Downtown Pittsburgh, said his side collected 45,000 signatures on petitions from people opposed to the drink tax, which county Executive Dan Onorato proposed as a way to supply county funding for mass transit.

Mr. Joyce said that his group's referendum question would have reduced the drink tax to a mere 0.5 percent. County Council had proposed its own referendum question, asking whether voters want to replace the drink tax with higher property taxes. But as of now, neither referendum question will appear on the Nov. 4 ballot in Allegheny County.

Mr. Onorato doesn't want to raise property taxes and has proposed lowering the drink tax to 7 percent.

Mr. Joyce was accompanied by several restaurant owners in court. They contend that the extra 10 percent tax on drinks will hurt business. Mr. Joyce said the tax already has raised more revenue for the county than the $30 million that was originally projected.

Mr. Joyce said his side will appeal to the state Supreme Court, perhaps as soon as tomorrow.

"We believe that the 45,000 folks who signed our petitions have a right to be involved in this decision," he said.

More details in tomorrow's Pittsburgh Post-Gazette.