Legal Question in Constitutional Law in Pennsylvania

Why is this a constitutional law question again? Are you trying to raise some sort of equal protection argument?

Need some more details here. First, read the contract. What does it say? Does it say that garbage in the municipality will only be picked up for residents and that businesses have to use their own private hauler?

The test when it comes to government passing laws and rules that are presumptively discriminatory on its face depends on the right being discriminated against. Classifications based on race, nationality or religion are looked at closely. Age, gender or sexual orientation are looked at a little less closely. And anything else just has to pass the rational basis test - in other words, the court would look at the law and reason for discrimination and see if there is some rational basis. If there is, the law is ok.

Without looking at the contract here I cannot see why how this is discriminatory. It would be different if the contract said the municipality will not pick up trash for all muslim, black, latino or some other ethnic minority businesses. However, if the municipality has limited resources, then distinguishing between residential and commercial may be relevant.

You would have to read the contract and know or have a pretty good reason to know why the contract discriminates the way it does. If you are not sure then I would try running it by someone who is a solicitor or who handles law for another municipality and pay for them to review and give you an opinion as to why the contract might be drawn this way and whether the lawyer sees any constitutional problems with it. The courts give huge deference to governments and while they do discriminate, whatever they do is presumptively reasonable and you bear a heavy burden of showing that its not reasonable and constitutional.