Editorial: Pittsburgh's Sports Facility Usage tax needs to be fair

Pittsburgh’s sports arenas can be expensive to visit.

Average ticket price at Acrisure Stadium to see the Steelers play? About $120. Want to see the Penguins at PPG Paints Arena? Average there is around $224, depending on where you buy your tickets. The Pirates are downright cheap; while the lowest tickets can be had for chump change, Stub Hub puts the average around $42.

Then add on parking and popcorn, soda or beer, a big foam finger or a T-shirt or a hat. A visit to one of these venues can come with a hefty price tag.

But should you have to pay a price to work there — especially when you don’t have a say in where you play? Judges are saying no.

Pittsburgh was levying a 3% tax on the professional performers — whether athletes, singers, etc. — who came to town to do their job in one of the venues. In 2019, a lawsuit filed by players and their unions took issue with the Sports Facilities Usage Fee paid by athletes who travel to compete in Pittsburgh but not by those who live there.

Allegheny County Common Pleas Judge Christine Ward agreed the tax was unconstitutional and discriminatory. She issued an injunction preventing its collection in 2022.

On Wednesday, Commonwealth Court agreed with her, upholding the injunction.

The city argued it was not being unfair, only charging a 3% tax that would be equal to the 1% earned income tax and 2% school tax paid by residents.

The problem with that? The city doesn’t levy the school tax — and state law doesn’t allow school taxes to be paid by nonresidents.

Pittsburgh can’t argue that it’s being shorted the tax money it would have received if Taylor Swift lived in Pittsburgh when she played at Acrisure Stadium when, even if she did, she never would have paid it to the city.

The amount calculated for athletes also differed by sport. NFL players were calculated based on games and practices. MLB and NHL players were only based on games.

The city — which may still opt to appeal — doubtless will find a way to collect some kind of fee or tax from players and performers who visit those arenas. When has a government ever shrugged and given up on revenue?

But whatever tax is imposed and collected needs to be implemented and calculated fairly. The cost of going to a game is high enough without sacrificing integrity.