An Allegheny County councilman and several bar and restaurant owners filed a lawsuit today to prevent county Executive Dan Onorato from using surplus drink and car rental tax revenues for road and bridge repairs.

At a press conference, Kevin Joyce, owner of the Carlton restaurant and one of the plaintiffs, said state law requires revenue from the controversial 10 percent drink tax and $2 a day car rental tax to be used specifically for mass transit.

The county athis year expects to collect as much as $16 million more than the $27.7 million needed by the Port Authority to match state funds.

In the 2009 budget, Mr. Onorato and county council have earmarked the extra revenue to help pay for road and bridge improvements.

Mr. Joyce said that is not right, calling it a "bait and switch" and a "flagrant disregard and contempt for the law."

"It's not Dictator Dan. It should be you've got to follow the law," he said.

He said the money should be rolled over to help fund the Port Authority share next year and further reduce the drink tax, which is being cut to 7 percent in 2009.

Kevin Evanto, Mr. Onorato's spokesman, said the county believes it has the right under the law to use the money for transportation-related capital improvements.