Philadelphia, PA – August 6, 2025

In a landmark and unanimous 7-0 decision, the Commonwealth Court of Pennsylvania has reversed and vacated Philadelphia’s elimination of Columbus Day, siding with attorney George Bochetto and Italian American groups challenging Former Mayor Kenney’s 2021 executive order. The ruling marks a sweeping victory for advocates seeking to restore Columbus Day as an official city holiday and rebukes unilateral actions by the Former Mayor’s office.

The case—brought by the Conference of Presidents of Major Italian American Organizations (COPOMIAO), City Councilmember Mark F. Squilla, The 1492 Society, Jody Della Barba, and the Grand Lodge of Pennsylvania Sons and Daughters of Italy—stemmed from Executive Order 2-21. That order replaced Columbus Day with Indigenous Peoples’ Day in Philadelphia without City Council’s involvement.  View the statement : 2025 8.6 Opinion

Court Ruling Summary:

• The Court concluded Former Mayor Kenney’s Executive Order, which purported to erase Columbus Day, was invalid because the power to establish or change official city holidays belongs exclusively to City Council under the Philadelphia Home Rule Charter—not the Mayor.

• The Court stated that designating, eliminating, or changing city holidays is a legislative function; the Mayor does not have unilateral authority to amend holidays.

• In reversing the trial court’s dismissal, the Commonwealth Court found no disputed facts and held that further litigation is unnecessary; the Executive Order is void as a matter of law.

• The panel was unanimous, 7-0, in concluding that Former Mayor Kenney’s order violated the Charter’s explicit separation of powers, reserving such authority to Council alone.

• The Court’s opinion clarifies Philadelphia’s system of checks and balances and sets precedent limiting executive overreach for citywide policy changes.

Key Excerpts from the Court’s 7-0 Opinion:

• “The power to establish, change, or eliminate official City holidays is essentially a legislative power… Being a legislative prerogative, official holiday-making and holiday elimination is reserved by the Charter exclusively to Council.”

• “Executive Order 2-21… arrogates to the Mayor a legislative power not granted to that office by the Charter. In doing so, it violates the separation of powers in the Charter. … It therefore runs afoul of the separation of powers inherent in the Charter and, accordingly, is invalid.”

• “Our conclusion that Executive Order 2-21 is void as violative of the separation of powers… involves a question of law and no disputed facts, making further litigation of the Complaint unnecessary, and renders moot the remaining issues on appeal.”

Next Steps:

The Commonwealth Court’s order remands the case to the Philadelphia trial court with instructions to enter judgment declaring Executive Order 2-21 illegal and void.

Statement from Attorney George Bochetto:

“This unanimous decision affirms both the rule of law and the value of our Italian American heritage. The voice of the people, expressed through their elected council, cannot be overridden by executive action. Today, tradition and process have been restored in Philadelphia.”

For further information, contact:
George Bochetto
(215) 735-3900
gbochetto@bochettoandlentz.com