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Minutes

Stated Meeting, May 29, 2003

Philadelphia City CouncilMay 29, 2003

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COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, May 29, 2003 11:00 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O, INCORPORATED LITIGATION SUPPORT SERVICES Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103

Council President Verna

I note that the hour has come and that quorum of this Council is present. Council will please come to order. Members will take their seats. To give our invocation this morning, the Chair welcomes the Reverend Joseph Barnes, Pastor of the Christian Faith Baptist Church. The Reverend Barnes is here today as the guest of Councilwoman Blackwell. Members and guests will please rise.

Reverend Barnes

Heavenly Father, we come before thee today, our heads bowed in humble submission to your will, asking that you would be present with us in all of the deliberations today. Guide each Councilmember one by one. Guide them in their thoughts, in their hearts, and in their minds. Guide them in all that they have to take care of on today. We pray, Lord, that you might allow them to have their discussions, raise their concerns with your will in mind. We pray, God, for peace. We pray, God, for cooperation. We pray, God, for an opportunity for the constituents that they represent have their needs met one by one. God, we thank you for all that has come forth to be done on today. In name, we pray. Amen.

Councilwoman Verna

The Chair thanks Pastor Barnes for his very inspiring invocation. Council will be at ease. (Council at ease.)

Councilwoman Verna

The next order of business is the approval of the Journal of the meeting of Thursday, May 15, 2003. And the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move that the Journal of the meeting of Thursday, May 15, stand approved. (Duly seconded.)

Councilwoman Verna

It has been moved and properly seconded that the Journal of the meeting of Thursday, May 15, 2003, stand approved. All in favor will indicate by saying aye.

Councilwoman Verna

Those opposed. (No response.)

Councilwoman Verna

The ayes have it and the Journal of the meeting of Thursday, May 15, 2003, has been approved. of order of business is requests for leaves of absence. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. There are no requests for leaves of absence on the part of the Majority.

Councilwoman Verna

The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, on behalf of the Republicans, there are no requests for leave of absence.

Councilwoman Verna

The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all Members of City Council, I welcome you to our Council Session today. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. We certainly invite you to come again. The next order the business is the Sergeant-at-Arms for the purpose of delivering the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor. THE

Chief Clerk

To the President and Members of the Council of the City of Philadelphia, I am pleased to advise you that on May 29, 2003, I signed all the bills that were passed by Council at its Session on May 8, 2003. And I'm herewith returning to you unsigned the following bills passed by the Council on May 15, 2003: Bill No. 030016A and Bill NO. 030122. And I am pleased to advise you that on May 29th I signed the remaining bills that were passed by Council at its Session on May 15th. And a Resolution authorizing the Philadelphia Redevelopment Authority to use NTI bond proceeds to acquire certain properties, all under certain terms and conditions. And a Resolution approving the redevelopment contract and disposition supplement of the City of Philadelphia for the redevelopment and urban renewal of the Model Cities Urban Renewal Area. And a Resolution approving the Redevelopment Contract and Disposition Supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Model Cities Urban Renewal area. And an Ordinance authorizing transfers in appropriation for Fiscal Year 2003 within the General Fund from the Department of Revenue Sinking Fund Commission to the Sheriff. And an Ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to execute and deliver to the Redevelopment Authority of the City of Philadelphia without consideration a deed located in the northwest corner of Third and Fairmount Streets. And an Ordinance amending Title 11 of the Philadelphia Code, entitled "Streets," and Chapter 11-300, entitled "Board of surveyors," by amending Section 11-306, entitled "Schedule of Charges."

Councilwoman Verna

The messages will AND RES. be printed in the Journal. The Chief Clerk will please read any other communications in her possession. THE

Chief Clerk

That's all I have, Madam President.

Councilwoman Verna

Thank you. The next order of business is introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move that the Rules of Council be suspended so as to permit immediate consideration of resolutions at their time of introduction. (Duly seconded.)

Councilwoman Verna

It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor will signify by saying aye. (Aye.)

Councilwoman Verna

Those opposed? (No response.)

Councilwoman Verna

The ayes have it, AND RES. and the motion carries. The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. I offer one privileged Resolution.

Councilwoman Verna

The Clerk will please read the title of the Resolution. THE

Chief Clerk

A Resolution honoring Ann Rubin for her civic awareness and outstanding leadership during her years as an active member of the Greater Philadelphia Association of Realtors.

Councilwoman Verna

The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you. I move the adoption of the Resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. AND RES. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. This morning, I introduce one Resolution on your behalf, and one Bill and one Resolution on my own.

Councilwoman Verna

The Clerk will please read the title of the first Bill. THE

Chief Clerk

An Ordinance amending Title 11 of the Philadelphia Code, entitled "Streets," and Chapter 11-300, entitled "Board of Surveyors," by amending Section 11-0306, entitled "Schedule of Charges."

Council President Verna

The Bill will be referred to the appropriate committee. THE

Chief Clerk

And a Resolution authorizing the Philadelphia Redevelopment Authority to use NTI bond proceeds to acquire certain properties, under certain terms and conditions.

Councilwoman Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the Resolution. AND RES.

Council President Verna

I'm sorry, I was distracted. That Resolution will be referred to the appropriate committee. The Clerk will please read the title of the Resolution. THE

Chief Clerk

A Resolution authorizing Commissioner of Public Property to execute and deliver to the Redevelopment Authority deed located in the 36th Ward of the City of Philadelphia.

Councilwoman Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the Resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have AND RES. it, and the motion carries. The Chair recognizes Councilman Cohen.

Councilman Cohen

Thank you, Madam President. I offer three bills, two sponsored by myself, cosponsored by a majority of Councilmembers. One Bill I offer on behalf of the President which was unanimously sponsored by all Members of the City Council.

Councilwoman Verna

Thank you. The Clerk will please read the title of the first Bill. THE

Chief Clerk

An Ordinance amending Chapter 19-1500 of the Philadelphia Code, entitled "Wage and Net Profits Tax," by decreasing in three stages the rates of the tax imposed upon certain low income persons.

Council President Verna

This Bill will be referred to the appropriate committee. THE

Chief Clerk

And an Ordinance amending 19-1500 of the Philadelphia Code, entitled "Wage and Net Profits Tax," by decreasing in six stages the rates of the tax imposed upon certain low income persons.

Council President Verna

This Bill will AND RES. be referred to the appropriate committee. THE

Chief Clerk

And an Ordinance amending Section 19-203 of the Philadelphia Code, entitled "Payroll Deductions," by authorizing City employee payroll deductions for payments to the administrator of any City-approved program under which City employees may make pre-tax payment of certain qualified transportation expenses.

Council President Verna

The Bill will be referred to the appropriate committee. The Chair now recognizes Councilwoman Krajewski.

Councilwoman Krajewski

Madam President, I offer one Bill.

Councilwoman Verna

The Clerk will please read the title of the Bill. THE

Chief Clerk

An Ordinance authorizing Transfers in appropriation for Fiscal Year 2003 within the General Fund from the Department of Revenue Sinking Fund Commission to the Sheriff.

Council President Verna

This Bill will be referred to the appropriate committee. The Chair recognizes Councilman Mariano. AND RES.

Councilman Mariano

I have two Resolutions.

Council President Verna

The Clerk will please read the title of the first Resolution. THE

Chief Clerk

A Resolution authorizing Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 7th, 19th, 23rd and 37th Wards of the City of Philadelphia.

Councilwoman Verna

The Chair recognizes Councilman Mariano.

Councilman Mariano

Move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Clerk will please read the title of AND RES. the second Resolution. THE

Chief Clerk

A Resolution authorizing the Commissioner of Public Property ti execute and deliver to the Redevelopment Authority deeds located in the 19th Ward of the City of Philadelphia.

Councilwoman Verna

The Chair recognizes Councilman Mariano.

Councilman Mariano

Move for the adoption, Madam President. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Madam President, I offer one Resolution.

Councilwoman Verna

Councilman, did you AND RES. want to be recognized? Your light is on.

Councilman Cohen

Not at this moment.

Councilwoman Verna

Thank you. The Clerk will please read the title of the Resolution. THE

Chief Clerk

A Resolution authorizing the Commissioner of the Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 10th Ward of the City of Philadelphia.

Councilwoman Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

I move for the adoption of the Resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. AND RES. The Chair recognizes Councilwoman Miller.

Councilwoman Miller

Thank you, Madam President. I offer one Bill and one Resolution.

Councilwoman Verna

Thank you. The Clerk will please read the title of the Bill. THE

Chief Clerk

An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 165 by striking from the City Plan Chrisfeld Street from Graves Lane to Mead Street.

Council President Verna

This Bill will be referred to the appropriate committee. THE

Chief Clerk

And a Resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 11th, 13th and 22nd Wards of the City of Philadelphia.

Councilwoman Verna

The Chair recognizes Councilwoman Miller.

Councilwoman Miller

I move for the adoption of the Resolution. (Duly seconded.) AND RES.

Council President Verna

It has been moved and properly seconded that the Resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. I offer two bills.

Councilwoman Verna

Thank you. The Clerk will please read the title of the first Bill. THE

Chief Clerk

An Ordinance authorizing the Commissioner of Public Property on behalf of the City to enter into a lease agreement with the Philadelphia Authority for Industrial Development for deeds located at 19 and 1 Vine Street, the Free Library Building, including the ground lease of land bounded by 19th Street, Vine Street, 20th street and the former Wood Street.

Council President Verna

The Bill will AND RES. be referred to the appropriate committee. THE

Chief Clerk

And an Ordinance declaring it is desirable for the health, safety, and welfare of the people in the area served by the Philadelphia Health and Education Corporation, a non-profit corporation organized under the laws of the Commonwealth of Pennsylvania which operates a graduate school of medicine under the authority of Drexel University and provides medical education under the name Drexel University College of Medicine.

Council President Verna

This Bill will also be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam Chair. I have no bills or resolutions this morning.

Councilwoman Verna

The Chair thanks the Councilwoman. The Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Madam President. I have no bills or resolutions.

Councilwoman Verna

Thank you. The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Thank you, Madam AND RES. Chair. I have one Resolution on behalf of Councilman DiCicco and myself on gay pride and two other Resolutions.

Councilwoman Verna

The Clerk will please read the title of the first Resolution. THE

Chief Clerk

A Resolution recognizing the achievements of Philly Pride Presents, lesbian, gay, bisexual and transgender pride parade and festival as they continue their mission of proactive education to create an atmosphere of sensitivity and awareness that will lead to a greater acceptance of the lesbian, gay, bisexual, and transgender community of Philadelphia.

Councilwoman Verna

The Chair recognizes Councilman Ortiz.

Councilman Ortiz

I move the adoption of the Resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? AND RES. (No response.)

Council President Verna

The ayes have it, and the motion carries. (Applause.)

Council President Verna

The Clerk will please read the second Resolution. THE

Chief Clerk

A Resolution declaring October 2003 AS Human Relations Month in City of Philadelphia.

Councilwoman Verna

The Chair recognizes Councilman Ortiz.

Councilman Ortiz

I move the adoption of the Resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. AND RES.

Councilwoman Verna

The Clerk will please read the third Resolution. THE

Chief Clerk

A Resolution urging the City Administration to demonstrate Philadelphia's strong commitment to civil liberties and continuing and strengthening the City's protection of the Constitutional rights of all persons in our City, regardless of race, religion or national origin, and urging our Congressional Delegation to vigilantly monitor the implementation of the USA Patriot Act and to actively work to repeal the Act or those sections of the Act and those orders, rules, and regulations issued the Act that violate the fundamental rights and liberties of the persons protected by the United States Constitution. (Applause.)

Councilwoman Verna

The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Madam Chair, I wish to speak on the Resolution.

Councilwoman Verna

The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Thank you. Madam AND RES. Chair, this Resolution has been hanging around now for a while. We had an election in which very few people participated and very few people paid any attention to. But it is a Resolution that really speaks to the heart of what took place a week ago because it speaks to the heart of our system and a city and a country that we wish to have. It speaks to the heart of the type of country that we're becoming. We participated in a war very recently to seek out and destroy weapons of mass destruction. We got the country very scared about those weapons of mass destruction. This country two months ago, three months ago thought that the Iraqi government was imminently on the verge of invading or actually attacking this country. The president said so and Donald Rumsfeld said so. And if they said so, of course, it must be true. If President Clinton had Clinton had said it, it would have been a lie. But George Bush doesn't lie to the people of this country and neither does Don Rumsfeld. And under the guise of 911, very soon after, they put forward what is called the Patriot Act that is not patriotic and really attacks those AND RES. individuals who wish to defend the Constitution. (Applause.)

Councilman Ortiz

If you stand up for your rights today, you become an enemy of the State. If you decide that the good federal government cannot enter into your home and arrest you without a warrant, you're enemy combatant. If you happen to be Muslim, well, that's too bad; that's even a greater crime in today's society. American citizens are being arrested, held without counsel. And because the number is not yet big enough, we keep silent and we are quiet. And that's the type of government that is not a democracy. That's the type of government that supposedly headed by people like Saddam Hussein. And we don't want a theocracy, a dictatorship, in this country. We have a Constitution. It was written in this City. We have a Declaration of Independence. It was written in this City. Now we have Patriot Act 2, and it seems that everything emanates because everything changed after 911. The other day we were discussing the AND RES. issue of transferring the parking lots at the airport from the Parking Authority to the Airport Authority. And Michael Nutter asked the question as to why. And the person said, "You know, after 911 everything is different." It seems that 911 has been the catchall for everything, even for transferring who rules over parking lots in the City of Philadelphia. And 911 has become the catchall for this Administration to attack, subvert the Constitution of this country. It seems like privacy and citizens' privacy has been abrogated. It seems that under today's rules, you have no right to privacy any longer. We can look at what books you borrow, what meals you eat, what church you attend, what meetings you go to, with whom do you consort, without going to a magistrate, without going to a judge and getting the warrants necessary, without even saying that there is probable cause that a crime will be committed. And we remain silent. Even Alaska, the legislature Alaska, Republican legislature, has "Enough to the Patriot Act." The legislature of New Mexico has said "enough to the Patriot Act." Over a hundred municipalities across the country. New York AND RES. City yesterday has said "enough intrusion into people's lives, enough of shredding of the Constitution, enough shredding of the 1st, 4th, 5th amendment, enough shredding of our privacy. It's very frightening. I was listening to a radio show yesterday, and they said they would be willing to allow the government to do almost anything because they are so afraid. And it never, never should be that citizens in this country become too afraid to speak out because there's an election going on, too afraid to speak out because the government may not like your speech, too afraid to speak out because they are different religion and that religion is no longer approved by a very big majority of our country. Freedom is very hard to maintain. Ben Franklin said that we have a Republic if we can defend it. Well, we do have a Republic, and I believe we can defend it. And I believe that this Resolution, which really is not that strong, but this Resolution should be approved by my colleagues. Thank you, Madam Chair. (Applause.) AND RES.

Councilwoman Verna

Thank you. Councilwoman Tasco, your light is on. Did you want to be recognized?

Councilwoman Tasco

Yes, Madam President, I would like to be recognized. And I'd like to say that I do support my colleague Councilman Ortiz. (Applause.)

Councilwoman Tasco

And I know you all get tired of hearing this, but I'm from a little town from North Carolina called Greensboro. The other day -- and I didn't know my colleague was going to bring the Patriot Act up, but I got a copy of the newspaper that I subscribe to from that town. And low and behold across the front page, it says, "City Council to debate the Patriot Act." And I thought it would be nice article to read -- it's very brief, I'm not going to read the entire article -- to show that there is growing option to this and from unlikely sources. And I read the article. It says, "Opponents of the USA Patriot Act added an unlikely friend to their ranks in the closing minutes of the Greensboro City Council AND RES. meeting last week. Tom Phillips, perhaps the most conservative of the nine Councilmembers, called on his colleagues to examine the controversial set of laws. 'He is the very last person I would have expected to bring this matter up,' Greensboro Mayor Keith Holiday said. 'But I am very proud of him for doing it because it seems like something that you would expect someone of more liberal leaning to do.' "The matter has been added to the agenda for the Council's May 20th meeting and he expects a number of citizens to speak about it. Phillip says, 'I'm not saying that the current Administration has abused the Patriot Act or that it would abuse it, but it does seem to me that it is the kind of thing that has the potential for abuse,' he said, 'and the protection of rights do not belong to any party or political persuasion.' "While the Council is nonpartisan, Phillip said he is a Republican but adding that he often disagrees with his Party. 'I am a moderate and so I have problems with the Party when they move too far in one direction, just like Democrats in the middle have problems with their Party sometimes,' he said. 'This Patriot Act, though, is something I AND RES. think people from both parties have ignored. I know that Council has ignored it.' "Phillips says he finally felt compelled to bring the topic of following a long period of receiving e-mails from his constituents. He said the Act written after the September 11, 2001 attacks may have been enacted too hastily. 'I am not saying for certain I would necessarily be for repealing it, but it certainly warrants taking a look at,' Phillips said. 'I think it is especially true now because there is talk of a Patriot Act 2 that will allow invasions of privacy and would do away with the Sunset Provision and make it a permanent law.'" I don't know what happened. We will find out what happened in Greensboro, but I do believe that if we do not speak up and speak out on issue as this and let our colleagues and our leadership in Washington know that, yes, we do expect them to protect our citizens, we are concerned about terrorism, sometimes we throw the baby out with the bath and we can't act take too hastily to take people's rights away in order to provide that protection. They should think thoughtfully, more carefully so that our rights are AND RES. not abused. So I ask my colleagues to consider supporting this Resolution for us. Thank you. (Applause.)

Council President Verna

At this time, the Chair recognizes Councilman Cohen.

Councilman Cohen

Thank you, Madam President. I also speak in support of this Resolution. And I would like to ask the permission of the Chair to recognize as one of our guests today Mr. Hero Nishokawa (ph), President of the Japanese American Citizens Association, a survivor of internment camp in the United States of America, an incident that was covered during World War II. Ms. Nishokawa, would you stand up? (Applause.)

Councilman Cohen

I am honored to have introduced Mr. Nishokawa because I am, obviously, the oldest the member of City Council, the only veteran among its membership, and I'd like to tell you what happened to me. In 1943, I entered the armed forced in the fall. By December I was shipped overseas in the Dutch New Guinea and British New Guinea where I served more than two years and during which time we AND RES. lost a great president, Franklin Delano Roosevelt. And Harry Truman became the President of the United States. President Truman's approach to things was a bit different from President Roosevelt. And while overseas I heard suddenly about loyalty oaths becoming a part of the pattern of American life. Every federal employee had to sign a loyalty oath, proving that he or she was loyal to the government. It was an invasion of privacy. " No witnesses were ever presented in these proceedings. It was all done by written report. It was a different country when I returned to the United States in January 1946. It was a country beset by the likes of the Joseph McCarthy, a Senator from Wisconsin who had terrified the whole country, as we're told Saddam Hussein terrified the people in Iraq. Everybody was frightened to death because people would get letters in the mail telling them that their job was at stake AND RES. in the federal government. Local governments began adopting similar legislation. It was a wild period. And none of the younger people, I find, today seem to know anything about that. That's why I was so pleased to be able to present Mr. Nishokawa. You know what we actually did? It wasn't just a story tale. We uprooted thousands and thousands of Japanese citizens because Japan happened to be one of the countries we were in a war with. They attacked Pearl Harbor, therefore, it was assumed that every Japanese citizen in the United States was an enemy of the government. That was a hysteria then, as we have the hysteria now about people of Arab or Muslim background. Now, we don't want that kind of a country. It took years before we recovered from it. This Patriot Act moves in the same direction. And there's no reason for the younger generation to go through the experiences of the older generation. The younger generation generally doesn't believe it happened. That's why it was so important Mr. Nishokawa was here today because he was one of the survivors of these families that were uprooted by the thousands and were not permitted to live AND RES. together with their own families in their original communities because they were deemed to be a threat to the safety of the United States of America. That's how crazy things can get because when you have a war atmosphere, whether the war is just or unjust, the atmosphere of a war gives support to the worst kind of human feelings that exist. Many of us were very alarmed when Senator Ashcroft was nominated the position of Attorney General. We were worried about the position he held because of the ideas that he spoke about. He spoke modestly, and they reflected his opinion. Many of us thought they were dangerous to the real security of the United States, which comes from belief of democratic principles. Our belief is in democracy, not fear of democracy. And now Ashcroft is the Attorney General and he is in a position to act upon those, what most of us felt were irrational fears. That's the reason it's so important to nip this in the budd. It's a wrong thing for the United States Government under any circumstances to arrest people, put them in prison without letting AND RES. anybody know whether they are citizens or not. To me, it makes no difference because whether the person is a citizen or not, know person in the United States has ceased to become a human being, and I think all human beings are entitled to democratic rights. ) And so I say enough of this madness.

Councilman Cohen

Let's return to our senses. Let's get rid of Patriot 1, and let's never see that Patriot 2 is never born again. Thank you. )

Councilwoman Verna

The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. In addition to what Councilman Cohen has had to say about Japanese Americans during World War II, perhaps they are the most identifiable group of people who were abused and were terrorized during that period of time, but it's also important to remember that in California Italian Americans had their fishing boats taken from them. Joe DiMaggio's parents were restricted to a certain mileage around the house where they could travel. Italian AND RES. Americans were not permitted to own transistor radios. There were other restrictions on German Americans and others throughout World War II. I think it's important to remember that many of the people who have come here from the Middle East and other countries have actually fled tyrannical governments. People who have come from Iraq to come here and seek shelter. People have come from Iran. People have come from other eastern and Asian countries have fled tyrannies and they've come here to be free and to be safe. So many of the Iraqi Americans and Arab Americans and Iranian Americans have fled their countries because they were being abused as a result of being a Christian. They were abused -- some people from Indonesia were abused as a result of being Catholics. There are many people who have come here seeking shelter. And I agree with Councilman Cohen, that we need to remember our history. And many times I'm happy that Councilman Cohen is here to remind us of our history. (Applause.)

Councilman Kenney

I was born in 1958, so it was well beyond both World War II and Korea. AND RES. So many of us don't have the institutional memory of that history. So I think it's important that we remember that we're all Americans and what makes this country the great country that it is, is our diversity and our freedom to be diverse. So I will be supporting this Resolution and encourage my colleagues to do so. (Applause.)

Councilwoman Verna

The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. I agree with the comments of all of my colleagues. Councilman Cohen talked about the country that he came back to in 1946 here in the United States of America. I will not belabor this record too long, but none of us here necessarily have the memory of what this country may have been like in the 1600s. Councilman O'Neill says Councilman Cohen might be able to give us an insight into what the country was like in the 1600s. (Laughter.)

Councilman Nutter

But we know what the 1600s were like for many of us who are members of AND RES. Council and many people in the audience who are of African descent who are now African Americans. The Councilman talks about the 1940s here in the United States as a returning veteran. What was the United States like for African Americans who, one, had to fight to be in the Army to fight for America. The '40s, the '50s, the '60, the '70s and some might say even as late as yesterday, when you talk about rights and what it means to be an American and privacy issues and the government and what it does, we're all members of the government and we seek uphold the law. And as even our own Police Commissioner Johnson always says, we're not going to break the law in order to uphold the law. And so I think all of us have a history in this country. And this type of legislation affects many of us in different ways and does take us back to different periods in our individual histories. And so all of us, I believe, need to be concerned about infringement on rights and what it means to be an American and who is an American who's not an American and who you get to talk to and who you associate with and what books you buy and all of these kinds of issues. So I do look forward when AND RES. the time comes to support the Resolution. But I thought I would just kind of round things out. (Applause.)

Councilman Nutter

Thank you, Madam President.

Councilwoman Verna

You're welcome. The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Thank you, Madam President. For freedom, I move for the adoption of the Resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (Nay.)

Councilman Cohen

Roll call.

Councilwoman Verna

Roll call vote. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke. AND RES.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

No. THE

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

No. THE

Chief Clerk

Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown. AND RES.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The nays are 3, the ayes are 13. The Resolution passes. (Applause.)

Councilwoman Verna

The Chair recognizes Councilman DiCicco.

Councilman Dicicco

Thank you, Madam President. I offer three bills.

Councilwoman Verna

Thank you. The Clerk will please read the title of the first Bill. THE

Chief Clerk

An Ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to execute and deliver to the Redevelopment Authority of the City deeds located in the five parcels of City-owned land with the buildings and improvements AND RES. thereon situate at Third and Fairmount Streets, known as 700, 702 and 704 North Third Street.

Council President Verna

The Bill will be referred to the appropriate committee. THE

Chief Clerk

And an Ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 238 by striking from the City Plan and vacating Norfolk Street and Beck Street Swanson Street to the right-of-way to the line of Delaware Expressway.

Council President Verna

The Bill will be referred to the appropriate committee. THE

Chief Clerk

And an Ordinance amending Section 12-2809 of the Philadelphia Code relating to civil penalties and costs for violations of certain provisions of Title 12 by increasing the civil penalty for violations of Section 12-908.

Council President Verna

The Bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, I offer one Resolution.

Council President Verna

The Clerk will please read the title of the Resolution. AND RES. THE

Chief Clerk

The Resolution urging the National Football League to name the Pottsville League co-champions of 1925.

Councilwoman Verna

The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Move the adoption. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the Resolution has been adopted. The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. I have three resolutions.

Councilwoman Verna

The Clerk will please read the title of the first Resolution. THE

Chief Clerk

A Resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the AND RES. City of Philadelphia for the redevelopment and urban renewal of a portion of the Model Cities Urban Renewal Area.

Councilwoman Verna

The Chair Councilman Clarke.

Councilman Clarke

Move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and seconded that the Resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Chair recognizes the Chief Clerk to please read the second Resolution introduced by Councilman Clarke. THE

Chief Clerk

A Resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in 16th, 29th, 32nd, 37th and 47th Wards of the City of Philadelphia. AND RES.

Councilwoman Verna

The Chair recognizes Councilman Clarke.