Five members of a seven-judge Commonwealth Court panel have affirmed the ruling of a lower court and allowed the Philadelphia Beverage Tax to remain in effect. The lawsuit was initially filed in September by the Philadelphia Beverage Association along with small local businesses and Philadelphia residents. The suit was dismissed by a judge in the Court of Common Pleas in December, and the 1.5-cents-an-ounce soda tax was upheld. The anti-soda tax groups appealed the decision to the Commonwealth Court, which heard arguments in April.

The “Ax the Philly Bev Tax” coalition plans to appeal the ruling to the Pennsylvania Supreme Court. Meanwhile, the court’s decision was praised by Mayor Jim Kenney, who has earmarked the beverage tax revenue for several initiatives, including the expansion of pre-kindergarten programs, reports The Philadelphia TribuneFull Story

Related: Seattle Passes Sugary Beverage Tax; Philadelphia Poised to Implement Soda Tax.