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From the first three news articles by Tom Ferrick and Dave Davies.
"It was done in secret. It took place in the middle of the night. It involved a theft. The victims were completely surprised by the attack. Does it sound like a mugging? In a way, it was. Only the mugger was the Pennsylvania Legislature. The victims were the citizens of Philadelphia. What was stolen were their rights. TF
"We think the governor is sending a terrible message to lawmakers, endorsing an abuse of democracy where legislation is passed without notice, without hearings, without input." DD
It couldn't find redress locally - Mayor Street vetoed an anti-SCRUB bill passed by Council.
So it went to the state legislature. The industry chiefs wanted the deck stacked, so they couldn't lose anywhere - not before the Zoning Board, not before the courts. The process would be wired, from bottom to top. And, at last, they have what they want. Thanks to the legislature and Gov. Rendell." TF
Karen, thanks for posting the announcement.
This standard, corporate/Penn process, for dismantling democratic processes and crushing the rights of citizens has been carefully crafted and studied here since the mid ‘90s. Anyone who has witnessed the Campus Inn plough over existing rules and standards knows that our local process is wired from the bottom feeding civic associations to the city planning commission and beyond.
This push for a ruling plutocracy, above all laws, is occurring throughout this country. Some attacks are reported but most are not.
I believe that if we are to save our democracy, we need to start a chain reaction of victories in local communities. We, the people, will continue to be ignored on the big national issues like wars, healthcare, and justice if we keep losing our basic rights in these local struggles.
If our once strong community with principled citizens could rise up to expose and defeat the Penn process here, communities in Cambridge MA, New Haven, Harlem, Baltimore, etc. might be empowered to rise up and win back their rights too! The corporate pawns in government cannot betray engaged citizens as they have been doing to addicted materialistic consumers.
Only when the people win back their basic rights in their communities will these government pawns be forced to serve citizens with rights, instead of only the money/power interests of corporations! The corporate process will not win on the merit of their arguments. However, the corporate process is indeed winning with the help of a bottom feeding minority (SHCA,FOCP,UCHS leaders), wishing to serve a corporate plutocracy, while the masses stand helplessly hoping for “cleaner and safer” communities to trickle down from the charity of ruthless plutocrats.
Glenn, a processaholic
-----Original Message-----
From: KAREN ALLEN <[EMAIL PROTECTED]>
Sent: Dec 1, 2008 6:09 PM
To:
Subject: [UC] FW: Philadelphia Taxpayer Standing: PA Supreme Court Will Hear Arguments on Tuesday
Date: Mon, 1 Dec 2008 18:02:15 -0500
From: [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Subject: Philadelphia Taxpayer Standing: PA Supreme Court Will Hear Arguments on Tuesday
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Pennsylvania Supreme Court Hear Oral Arguments on Philadelphia's Taxpayer Standing
Tuesday, December 2nd |
| For Immediate Release Contact: Mary Tracy
December 2, 2008 215 731 1796
(Philadelphia) On Tuesday morning, December 2, 2008, SCRUB will appear before the Supreme Court of Pennsylvania in Harrisburg to defend the right of community groups and taxpayers to appeal decisions of the Zoning Board of Adjustments and other boards and commissions. Four years after Governor Rendell signed Act 193 of 2004 into law, Supreme Court Justices will examine the intent, interpretaion and validity of this controversial amendment.
Formerly called HB 1954, Act 193 included a stealth amendment added by the former Lebanon State Senator Chip Brightbill of the Senate Appropriations Committee which changed the purpose from helping the city raise the amount of fines for code violations, to meddling with Philadelphia's Home Rule Charter and the long existing right of "Philadelphia taxpayers" to challenge Zoning Board decisions.
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At the time of its passage, Mary Tracy, Director of SCRUB, said that the bill was " a blatant attempt by the billboard industry to silence citizens by setting new legal hurdles for community groups that will complicate and possibly eliminate a citizen's ability to challenge zoning decisions." SCRUB and its neighborhood partners believed that lawmakers who supported this amendment were trying to tip the system to benefit special interests in Philadelphia.
SCRUB's pro bono attorney, Samuel C. Stretton will represent four community groups who were denied standing as a result of Act 193 of 2004. Belmont Village Residents Association, Wynnefield Heights Civic Association, Whitman Council and Weccacoe Community Development Corporation were found not to be "detrimentally harmed" according to the new standards. City Attorney Richard Feder, representinjg the City of Philadelphia will join SCRUB in defending taxpayer standing before the Supreme Court.
Cheltenham billboard owner Dominic Cippollini of Keystone Outdoor Advertising has championed Act 193 and has successfully used this new law to challenge the standing of two South Philadelphia Community groups. Keystone recently shifted its legal representation before the Supreme Court to former Commonwealth Court Judge James Colins, now retired from the Bench.
It is somewhat disconcerting to SCRUB that a former Commonwealth Court Judge will be arguing this issue before the court. However, there is no conflict since Judge Colins was not involved in the present Keystone case
While serving as President of the Commonwealth Court, Judge Colins became familiar with taxpayer standing during the Penrose Ferry Wall Wrap case. Standing for several community groups was challenged based on Act 193 but since the case was heard by the ZBA prior to passage of Act 193 the court granted standing. Judge Colins wrote a dissenting opinion. Judge Colins also rendered a critical decision that beneifitted Keystone in 2002. In a Memorandum Opinion, Judge Colins overturned Common Pleas Judge Flora Wolf's denial for a variance to Keystone Outdoor. His reversal allowed Keystone Outdoor to erect sixteen mega billboards in a prohibited area of the Schuylkill Marshes. The site was selected by Scenic America for its 2003 list of Last Chance Landscapes.
Standing to appeal zoning and other board and commission decisions in Philadelphia is a critical tool used by community groups to shape development and revitalize neighborhoods. It also provides some balance to the power and influence of politics and well healed donors. The Supreme Court has granted a hearing to this issue. This is a good sign. As citizens we can only hope that the Supreme Court Justices will return what was taken from Philadelphia citizens and reopen the courtroom doors so that justice and the rule of law can prevail.
SCROLL DOWN for links to past articles on taxpayer standing. #### |
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Links to Past News Articles on the State Legislator's Sneak Amendment and its impact on Community Groups in Philadelphia
Sign of the times: A selective law By Tom Ferrick Jr.Home-rule Rights Are Under Attack, February 11, 2005 "It was done in secret. It took place in the middle of the night. It involved a theft. The victims were completely surprised by the attack. Does it sound like a mugging? In a way, it was. Only the mugger was the Pennsylvania Legislature. The victims were the citizens of Philadelphia. What was stolen were their rights. It happened in late November, just as the House and the Senate were about to adjourn for the year. And just itching to get out of town. By Tom Ferrick Jr., The Inquirer. Law Favors Billboard Industry by Curbing Community Beefs, December 1, 2004
"Gov. Rendell will sign a bill quietly amended last month on behalf of the state's billboard lobby to limit the rights of community groups in zoning cases, his spokeswoman confirmed yesterday. "I'm very disappointed," said anti-billboard activist Mary Tracy. "We think the governor is sending a terrible message to lawmakers, endorsing an abuse of democracy where legislation is passed without notice, without hearings, without input." By Dave Davies, The Philadelphia Daily News. Sign of the Times: A Selective Law, December 1, 2004 "Obviously, the billboard industry wasn't happy with those rulings. It couldn't find redress locally - Mayor Street vetoed an anti-SCRUB bill passed by Council. So it went to the state legislature. The industry chiefs wanted the deck stacked, so they couldn't lose anywhere - not before the Zoning Board, not before the courts. The process would be wired, from bottom to top. And, at last, they have what they want. Thanks to the legislature and Gov. Rendell." Article by Tom Ferrick Jr., The Inquirer. There Goes the Neighborhood Input, December 1, 2004"In a city where planning too often takes a backseat to insider wheeling and dealing, there are too few avenues for citizen input as it is. It seems obvious that the legislature's immediate targets were the advocates who hound billboard companies over ugly, illegal signs." From an Editorial in The Inquirer A Billboard Cover-up: Legislature Launches Sneak Attack on City, November 26, 2004"THEY OUGHT TO be ashamed to call themselves representatives of the people. The state Legislature surely didn't represent the will of the people when, in secret, in the waning hours of its session last week, it passed a law that removes the right of taxpayers to make the city enforce its own zoning laws." From an Op/Ed piece in The Philadelphia Daily News. Zone this bill out of our misery, November 24, 2004
"It was the Philadelphia Home Rule Charter, based on the notion that projects in one neighborhood can affect the entire city, that gave citizens rights in such cases. That has stood as a right for 50 years. The legislature just took it away at 5 on a Saturday morning - via a stealth amendment, with no public hearings and no debate. Just like in a banana republic." Article by Tom Ferrick Jr, The Philadelphia Inquirer.
Home-rule Rights Are Under Attack, February 11, 2005
"It was done in secret. It took place in the middle of the night. It involved a theft. The victims were completely surprised by the attack. Does it sound like a mugging? In a way, it was. Only the mugger was the Pennsylvania Legislature. The victims were the citizens of Philadelphia. What was stolen were their rights. It happened in late November, just as the House and the Senate were about to adjourn for the year. And just itching to get out of town. By Tom Ferrick Jr., The Inquirer. |
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Please support SCRUB's defense of taxpayer standing through a secure website, Nework for Good or by sending a checks to SCRUB at 1315 Walnut Street, Suite 1605, Phila. PA 19107. Thank you. | |
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SCRUB is the public voice for public space. SCRUB, a 501(c)(3) nonprofit organization, is Philadelphia's public voice for public space. SCRUB's mission is to promote healthy, vibrant, beautiful public spaces throughout Philadelphia by using advocacy, public awareness and education, community mobilization and legal action.
SCRUB is a 501 (c) 3 non-profit corporation. The official registration and financial information of the Society Created To Reduce Urban Blight may be obtained from the Pennsylvania Department of State by calling toll-free, within Pennsylvania 1 800 732 0999 . Registration does not imply endorsement.
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SCRUB | 1315 Walnut Street | Suite 1605 | Phila | PA | 19107 | ![]()
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