Thank you, Mr. Chairman. Mr. Diaz, one last quick question. If it were possible to put a question on the ballot simply through 81 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 the petition process that did not require legislation, would your advice to this committee and to this Council be different?
A question on the ballot simply through a petition process and not through legislation, that did not require legislation, would your legal advice to this committee and to this Council be different?
Well, if, in fact, this committee and this City Council had no role whatsoever in -- in the ballot process, which is not the case, then my advice presumably would be different. But as I say, that is not the case. There is an affirmative decision to be made by the Council in connection with the proposed resolution and bill 24 before the matter can be placed on the ballot for May 15 under the terms of 82 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 the Home Rule Act.
You're making this longer than it has to be. If it did not require legislation, if the citizens could put a question on the ballot based upon simply the petition process, then your legal advice would be different, yes or no?
My legal advice presumably in that situation would be rendered to a different client. I don't know that my advice would be different, sir. (Laughter.) (Heckling.)
But my original question was: Would your advice to this committee and to this Council be different? That was my question. 83 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113
If you had no role, then I would not need to render legal advice to you, but I might render the same legal advice to the City commissioners who would have responsibility, then, for ensuring that a ballot question was put on the ballot. It was in that context, sir, that I mentioned that I might have a different client.
So the answer is yes, and I'll just answer for you, all right? But the process does require legislation because of the Home Rule Charter, so in effect --
So we are actually complying with State law and following the process.
This is the process, as I understand it, regardless 84 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 of whether we have a difference as to the appropriateness of the decision, you have that decision under --
Unless we change the Home Rule Act, we are, in fact, complying with the Home Rule Act by following through with this process.
Thank you, Councilman. Are there any more questions for these two witnesses? (No further questions.)
Thank you both very much. Thank you for your patience. (Heckling as witnesses exit chamber.) 85 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 (Chairman Greenlee bangs gavel.)
Mr. Schwartz, if you could please identify yourself for the record and proceed.
Certainly, certainly. May it please the committee and all those assembled here, my name is William G. Schwartz, and I represent the Philadelphia Entertainment Development Partners, L.P., a successful licencee for Category 2 gaming license under the State Gaming Act and owner of 1499 South Christopher Columbus Boulevard. I'm here today to offer testimony in opposition to Bills 070112 and 070113, which propose a referendum on amendments to the Philadelphia Charter that would prohibit the City 86 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 from allowing the construction of gaming facilities within 1500 feet of various uses. The proposed bills are both unwise and illegal. These bills are really nothing more than an attempt to exclude gaming from the City of Philadelphia. If the proposed Charter amendment passes, it will have the effect of the excluding casinos as a permitted use zoning-wise in Philadelphia. As a result, Philadelphia will lose the much-needed revenue tax relief and jobs which gaming will provide. (Heckling.)
Please. Everyone has the right to testify. Please. We could be through here a lot faster, people. I'm sorry, Mr. Schwartz.
No, that's all right. Furthermore, the proposed 87 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 Charter amendments contained in Bills 070112 and 070113 would most likely be viewed by a court of review as invalid and illegal. The proposed amendments are contrary to the laws of the Commonwealth of Pennsylvania. The State legislature, through the Gaming Act, gave the Gaming Control Board exclusive control over the location of gaming establishments. If the proposed Charter changes are enacted, the Gaming Control Board's exclusive jurisdiction to site casinos would be illegally usurped. Since the Commonwealth granted the power to site the casinos to the Gaming Control Board -- not the City -- this proposed Charter change is patently illegal. In addition to being contrary to the Gaming Act, it is beyond the City's powers to enact the amendments proposed in the bills before this 88 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 committee. The City of Philadelphia is an entity of the State of Pennsylvania and only has the powers granted to it by State statute, which can be limited or withdrawn -- (Heckling.) (Chairman Greenlee bangs gavel.)
I think there were statements about how the State did not listen to you. We're listening to everybody, and we're asking for respect for everybody here, please. (Heckling continues.)
Thank you. The State granted the City the power -- the State granted the City the power to control the size, location, 89 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 and use of land. However, the State legislature has limited the City's power to do so in certain situations -- like exempting property owned and used by the State for various activities. Here, the State has enacted a statue which gives the Gaming Control Board exclusive control over the site of gaming establishments, and the City's general authority over those land-use decisions has been preempted. Thus, the proposed amendments would be invalid because they exceed the powers granted to the City. Additionally, prohibiting a casino within 1500 feet of a residence, school, or place of worship would limit Council's ability to approve zoning legislation for just about the entire city. You've already seen that map that was already presented. Originally, the distance separation called for in the amendment was 1,000 feet or more than three 90 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 football fields away. However, in order to target my client's property, the distance separation was increased to 1500 feet, or five football fields away, clearly over the top. This prohibition would certainly be considered by any court to be de facto and de jure exclusionary zoning, which, the Supreme Court has said, violates both the United States Constitution and the Pennsylvania Constitution. If such a decision is found by the courts, then, as you know, gaming would be allowed anywhere in the City. In short, these bills seek to put the voters of Philadelphia Charter amendments which will delay or derail the millions of dollars in benefits and thousands of jobs that gaming -- (Heckling.) (Chairman Greenlee bangs gavel.)
-- that gaming 91 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 will bring to Philadelphia. Rather than continue to spend resources on protracted legal battles, we seek to advance the creation of jobs and revenue which gaming will bring to Philadelphia. (Heckling.)
We respectfully request that the committee vote to oppose Bills 070112 and 070113. The battle of siting should not be with us but rather with the commonwealth and the Gaming Control Board. Thank you.
Thank you for your testimony. Any questions or comments? (Heckling.)
Thank you for your testimony, Mr. Schwartz. (Heckling.) 92 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 (Chairman Greenlee bangs gavel.)
Mr. Sheldon and representatives of SugarHouse. Anybody else here testify for SugarHouse? Yes? Okay. (Witnesses come forward.) (Heckling.) (Chairman Greenlee bangs gavel.)
Please let the witnesses testify. You heard what Councilman DiCicco said. We could be out of here soon. Please let the witnesses testify. (Heckling continues.)
Please identify yourself for the record and proceed. Thank you.
My name's Bob Sheldon, and I'm the President of SugarHouse. 93 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 (Heckling.)
Councilman Greenlee and other members of the Law and Government Committee, good morning. My name is Bob Sheldon. I'm President of the SugarHouse Casino. With me is Melanie Shaw, who's helping lead our community relations and diversity efforts, and I really do thank you for allowing us to testify today.
Before I address the specifics of the bill before the committee, a bill that would not only prohibit us from building on the site we were approved for by the Pennsylvania Gaming Control Board but that would essentially ban gaming from Philadelphia, I would like to explain to you why we picked the site we did. We're extremely proud of the fact that our proposal was rated as the 94 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 best of five city proposals by the State Gaming Control Board, an entity which has three of its seven members, including its chair, from Philadelphia. We believe we are rated as such because of the totality of our proposal, our facility, our location, our team, and our commitment to Philadelphia. Our site, situated on acres 12 along the Delaware River, is currently 13 neglected and abandoned. Our neighbors 14 are primarily industrial and 15 entertainment -- 16 (Heckling.) 17
And we will have 18 ample free parking for our employees 19 and customers to keep cars off 20 neighboring residential streets. 21 (Heckling continues.) 22 (Chairman Greenlee bangs gavel.)
Please proceed. 95 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113
Thank you. There's good visibility of our site both from Interstate 95 and the Benjamin Franklin Bridge. And importantly, access is also very good. As you may recall the Mayor's Philadelphia Gaming Advisory Task Force found that the north central Delaware sites where SugarHouse is has excellent highway access, and local street congestion would be minimized. (Heckling.) (Chairman Greenlee bangs gavel.)
The closest major intersection, the Girard Avenue interchange, is already scheduled to be expanded by the Commonwealth, ensuring that traffic will not flow through surrounding neighborhoods. (Heckling.)
PennDOT has 96 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 developed a plan to minimize congestion while the interchange is being built. This was important to us because we don't want traffic congestion any more than our neighbors do, because it hurts our business. (Heckling.) (Chairman Greenlee bangs gavel.)
It is also for those reasons and many more that we selected the site. It was the best site because it does not have some of the problems the other sites do, and it is a location where we could be a successful venture. As you know, the way the Pennsylvania Gaming Act is written, applicants must control site their site when they apply for the license. Our group analyzed more than a dozen sites over a two-year period, including many of the sites examined in the Mayor's Task Force Report. 97 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 We could have selected another site; we selected this one because it has all of the characteristics that will make ours a schedule business. (Heckling.)
The strengths of the site are also why, when the State Supreme Court struck down the preemption clause on zoning issues, we were less concerned than others because our site did not have some of the problems the other sites did. But the bill before the committee would prohibit us from building at this site even though its suitability was thoroughly examined and approved as part of our application to the Gaming Control Board. Moreover, the petition, as written, would, in our problem preliminary review, virtually ban gaming in Philadelphia, despite the requirements of Act 71, an act supported by every single member of 98 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 Philadelphia's delegation to Harrisburg. When this petition -- (Heckling.) (Chairman Greenlee bangs gavel.)
When this petition's language was created, we began an initial review of locations where casinos could be sited under these restrictions. We believe that there are no sites that would both be permissible and allow us to operate a successful venture. We're also troubled by the process by which the ballot initiative process has been initiated. A challenge has been filed with the court which provides evidence of serious and systemic flaws in the original petitions that were submitted. (Heckling.)
I cannot go into detail about the defects because the 99 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 matter is before the court, but the court is due to review the matter and issue a prompt decision. We believe that this project will benefit our company, and we also believe that it will benefit our immediate neighborhood and the larger Philadelphia community. (Heckling.)
And this was, and remains, the intent of bringing gaming to the City. According to Mayor's Task Force Report, gaming represents a once-in-a-lifetime economic development opportunity for the City. (Heckling.)
For starters, the development of the two new casinos will have a larger economic impact on the City and its economy than anything in over 50 years. For our project alone, the benefit will be to $1.2 billion in gaming taxes over the 100 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 first five years of the operation, which will fund wage-tax reductions to all who live and work in Philadelphia. (Heckling.)
There will be $17 million in host fees payable to Philadelphia, $5 million of which will go directly to the schools; 7 to $8 million annually in local taxes; the expansion of the Convention Center, which will create additional jobs and additional tourism revenues. (Heckling.)
And also the creation of an estimated 1100 permanent high-quality jobs at an estimated average wage -- (Heckling.) (Chairman Greenlee bangs 101 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 gavel.)
And an average wage of $40,000, including benefits. We're committed to hiring locally and contracting locally. In the other gaming properties our majority owners have, they've established an exemplary record of hiring locally and using local companies as contractors and suppliers. When we held a jobs forum in Fishtown earlier this year, over 300 people came, so we know there's a desire for jobs amongst the people in our immediate neighborhood. Furthermore, we're -- (Heckling.) (Chairman Greenlee bangs gavel.)
Furthermore, SugarHouse is -- (Heckling continues.) 102 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113
SugarHouse is dedicate to diversity in hiring, procurement, and contracting. As part of our application to the Gaming Control Board, we submitted a detailed plan, which we'll be expected to live up to. And this is not an empty commitment, as is evidenced by the makeup of our senior management team. Other local businesses will benefit from the operations of SugarHouse as well. In addition to the direct jobs SugarHouse creates -- (Heckling.) (Chairman Greenlee bangs gavel.)
Please let the witness finish their testimony. (Chairman Greenlee bangs gavel.) (Heckling continues.)
Excuse me, sir. Sir, excuse me. (Heckling continues.) 103 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113
Thank you, sir. In closing, let me say that we're ready to go, and we believe we're on place to get the project started as early as this fall. (Heckling.)
We're ready to begin construction, we're ready to put a thousand people to work in our facility, building our facility over the next few months. We're ready to pay tens of millions of dollars in taxable wages over the next year. We're anxious to begin operations that will mean thousands of new jobs and new career opportunities and millions of dollars in new tax revenues. 104 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 (Heckling.) (Chairman Greenlee bangs gavel.)
This bill and ballot initiative will deny all of that, and we hope you'll oppose it. And I thank you for your patience today, Councilman. (Heckling.) (Chairman Greenlee bangs gavel.)
Before there are any other witnesses, the Chair recognizes Councilman Kenney.
What I'd like to do now, so it's clear what the position of this committee is, is that I'd like to make a motion that we temporarily adjourn the hearing, go 105 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 immediately into our public meeting, vote this resolution and bill out, and then come back and listen to the rest of the testimony, if that's okay. (Applause.) (Cheers.)
Just for the record, that's the rule of the majority of the committee, correct?
Okay. All right. The public hearing of the Committee on Law and Government is temporarily recessed. We will now go into the public meeting. (Chairman Greenlee bangs gavel.)
I think you'll want to hear this if you listen. Thank you. (Public hearing is temporarily adjourned, and committee proceeds to public meeting.) * * * 106 3/2/07 - LAW and GOVERNMENT PUBLIC MEETING
Public meeting the Chair now recognizes Councilman Kenney regarding Bill No. 7 070112.
Thank you, Mr. Chair. I move that Bill No. 070112 be reported out of this committee with a favorable recommendation and a request made for a rules suspension to allow for first reading at our next session of Council. (Motion seconded.)
It's been moved and seconded that Bill No. 19 070112 be approved by this committee and that the rules of Council be suspended so as to allow for first reading at our next session of Council. All in favor, please say aye. Opposed? There are none opposed. 107 3/2/07 - LAW and GOVERNMENT PUBLIC MEETING The motion passes. (Cheers.) (Applause.) (Chairman Greenlee bangs gavel.)
We also have one more piece of business in the meeting. The Chair recognizes Councilman Kenney regarding Resolution 12 070113.
Thank you, Mr. Chairman. I move that Resolution No. 16 070113 be reported out of this committee favorably. (Motion seconded.)
It's been moved and seconded that Resolution 21 No. 070113 be approved by this committee. All in favor, please say aye. Opposed? There are none opposed. 108 3/2/07 - LAW and GOVERNMENT PUBLIC MEETING The motion passes. Resolution 3 No. 070113 has been approved by this committee. (Applause.) (Cheers.)
The public meeting of the Committee on Law and Government is adjourned. We will go back into the committee hearing if there is anyone else that wishes to testify. (Public meeting is adjourned; Committee reconvenes pubic hearing.) * * * 109 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113
Now, I think you just heard what we did, but the record could still be open if you see fit. No? Anybody who wishes to testify? UNIDENTIFIED SPEAKER: I do. I do. I'm here.
Okay. Who wishes to testify on this bill? Okay, excuse me. Do you wish to testify? (Witness comes forward.)
I think you heard Councilman DiCicco's -- (Witnesses come forward.)
Okay. I would ask everybody -- you heard what Councilman DiCicco suggested on what to do, so I would appreciate it if everybody would be brief. You have already heard what the committee action has been. Thank you. 110 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 Please identify yourself for the record and proceed.
All right. My name as Daniel Hunter and I'm an organizer with Casino-Free Philadelphia, and I just want to say thank you to the respective Councilmembers for voting on this legislation. We simply just wanted a chance to respond to some of the sort of accusations that have been put out there, particularly the misinformation around the Supreme Court challenge and also some information just around the question -- the question of the ballots themselves, the signatures themselves, so we just want to have that on record. So I appreciate your time for this, and we will be brief and. And I just also want to emphasize that I appreciate your patience. I'm glad that we're not going to have six-hour hearings this 111 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 time, and --
Yes. And also appreciate the fact that this is -- the last time that we had Council meeting -- the hearings, as far as I know, that was the first time that elected officials had a public hearing to talk about gambling in Pennsylvania. And we think that's a serious issue, so what we're seeing here today -- what we saw behind me is not disrespect; what we saw is the result of disrespect, and we saw it as the result of massive disrespect where people aren't listening. And so I appreciate your patience in all of this. First off, I just want to address any concern you may have as a result of the publicity stunt that SugarHouse pulled with regards to the signatures themselves. Two days ago, 112 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 they called our petition drive "flawed," and that's a serious allegation. Behind me are a sampling of the hundreds of volunteers who were involved in collecting signatures. They stood in the snow, in parking lots, at subway stations for hours. And the response from the voters that we talked with was very high. They support the intent of the petition drive, and the attempt to paint a picture of this as fraud or deception is little more than a way to bully us and to stir doubt. Are there particular cases where signatures may be rendered invalid? Sure, as with any signature count this high. Are the allegations of massive fraud true? No, and we look forward to disproving these serious allegations. The fact is, we had hundred of volunteers who put hundreds of hours 113 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 into the petition drive, and we got tens of thousands of signatures, and we could do it again. So on the question of the heart of the matter, I appreciate your support. I think the CEO of the American Gaming Association, Frank Fahrenkopf, actually explained the situation very clearly, where he said -- and keep in mind that this is a spokesperson at the national level for the gaming industry. He said that people have the right to go to the ballot box and to determine what they want the quality of life to be in their own area. That's what this is about, and we appreciate your support. (Applause.)
Hello. My name is Paul Boni, and I'm a resident of the Society Hill section of town, which is equidistant from the two proposed locations, one for Foxwoods one for 114 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 SugarHouse. I'm also a land-use and environmental-law attorney, and I too want to thank the committee for voting favorably on the referendum and to submit it to the ballot for this upcoming election. But I do think that it's important that some points be made for the record so that it's clear, and I just have a few points. I'll be brief. The City Solicitor makes a political statement when he says that putting the petition on the ballot would result in the Pennsylvania legislature amending the Gaming Act to preempt local zoning and land-use control. It is equally valid to say that the Pennsylvania legislature may amend the Gaming Act to repeal stand-alone casinos in the City of Philadelphia. We don't know what they're going to do (Applause.)
The lawyer for 115 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 SugarHouse I heard say a few minutes ago that there are no places in the City of Philadelphia that would both meet the criteria set forth in the referendum and make his clients enough money. That was his statement. The language in the referendum is, of course, legal; there is no doubt about it. Any lawyer who took the stand today to state otherwise is doing two things: One, he's violating his ethical responsibility as a lawyer to be candid with a tribunal; and two, he is committing perjury. (Applause.)
And I would recommend that this body consider making a referral to the District Attorney's Office -- (Applause.)
-- so that that office can follow up on that issue. If there is any doubt as to the legality of the interpretation of 116 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 referendum, then it is your sworn obligation to do what's right for the people of Philadelphia and to fight for the people of Philadelphia. (Applause.)
You have -- you have, and rightly so, gone up against Harrisburg for the Parking Authority, and that didn't turn out so well. You fought, and you rightly fought, for the School District, and that didn't turn out so well, either. You never know who's going to win in court. You need to represent your constituents, the people of these residential neighborhoods, and fight for your right to use your local zoning and land-use authority. Thank you very much. (Applause.)
Thank you. Please identify yourself for 117 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 the record.
Hello. I'm reading this into the record for your support in the future effort to see this through the total fruition in Council. Good morning, members of Council. My name is Charles Valentine, and I come before you, seeking your unanimous support to place on the May 2007 ballot a referendum limiting the site placement of the proposed casinos. I was raised in Fishtown and am now raising my own children in Fishtown, as so many generations of Fishtowners do. I am a member of holy Name of Jesus parish and serve on its finance committee. I'm also a lector, sing for the church, and a member of the AOH. My children attend St. Lorenzo School, and I serve as the vice president of St. Lorenzo's Home and School Association. I'm now serving in 118 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 my sixth year as the scout leader in Fishtown. Over years ago, I served as 5 a founding member of the New Kensington 6 CDC. I am presently a member of the 7 Fishtown Neighbors Association and 8 Neighbors Allied for the Best 9 Riverfront. 10 I'm in love with the people in 11 the community of Fishtown and have a 12 tremendous amount of interaction with 13 many of the residents on an ongoing 14 basis due to the various roles in which 15 I serve. 16 Through these interactions, I 17 have found that the majority of the 18 people that speak to me are not in 19 favor of casinos being so close to the 20 neighborhood. They are also upset that they were not given enough opportunity to participate in the casino development that will have a dramatic and overwhelming impact on our neighborhood and on the city as a whole 119 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 that will be felt for years to come. The biggest concern is whether the impact will be negative or positive. The majority of the impact studies show that the impact is mostly negative. I -- and I believe a majority of Philadelphians, as most surveys show -- do not want to take the gamble and leave it up to chance. We have too much to lose. I believe that Philadelphians were given better and greater opportunities to participate in the Penn Praxis Riverfront Plan and the Great Next City forums than in the Gaming Commission's process for public comment on the casinos. Thus, I decided to get involved. Though I work full-time and volunteer locally as I stated, I made the necessary time along with four or five other local volunteers to collect signatures on the petition asking you, 120 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 our City Council, to let a referendum be placed on the May 2007 ballot that allows Philadelphians the Constitutional privilege and right to participate in the political process by voting on the location of the casinos. Over a couple weekends, a small group of us were able to secure more than 1200 signatures alone at the Thriftway Market that serves Port Richmond and Fishtown. It was surely cold, and some of us did not stay out as long as we had wished. But even in that short time at the one location, there was a real desire by local residents to sign a petition to get the referendum on the ballot. Some people heard about it and came looking for us to sign the petition. I can clearly say that no more than 15 percent of the people coming out or going into that store rejected the opportunity to sign the petition 121 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 for the referendum to keep casinos away from residential areas, parks, and schools. That means 85 percent of everybody we interacted with signed it. It seems to me that Council has matured together over time ever since the State has taken control of the School District and the Parking Authority. The State has even at one time contemplated taking over the airport from you.
You seem recently to have tired of the State taking away your autonomy and authority as a local governing body and fought to regain control over the local zoning and planning decisions for the casinos that the State was trying so hard to take from you as well. You did not let the people tell you it is a done deal. You did not let the people tell you it is the State that can overrule our zoning and planning decisions. No, you and many 122 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 of us here fought the state that gave back the zoning and planning rights reserved for all local municipalities. For this, I and other committed Philadelphians are so indebted to you and are greatly appreciative. It is this same local control that you have fought for that we are now asking to participate in. You can only be bolstered in a tried and true way if you allow the referendum to proceed and let the collective wisdom of your electorate decide. It is a slam-dunk decision. All you are simply doing is letting your constituents decide one way or the other. I must admit that I'm angry when I think so many Philadelphians had to work so hard to get the petitions signed just to have the right to participate in the process. I am sure our founding 123 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 fathers, who stood not too far from here, never would have thought that a government for the people and by the people would be made so difficult for the people to participate in. What a disgrace for the birthplace of our country's great democracy. )
Just think of all of the referendums that you as a governing body initiate and put on the ballot that probably bear no impact in comparison to the negative impact that the casinos are likely to have. Let the people have a turn this time. Support the people's referendum. It is not going to cost you anything politically, at least with the electorate. After all, you're only allowing us to participate in the process. Let collective wisdom guide us and let us all vote on it, for or against. Just imagine the combined 124 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 wisdom of the informed elected officials of the State of Connecticut that allowed them to repeal the gaming laws in that state, even after ten years' experience of the inherent benefits casinos were supposed to bring that state. (Applause.)
I, like some of you in Council, own vacation homes at the Jersey shore like so many other Philadelphians. The taxes in that state makes them one of the top five states in the country with the highest tax burdens, yet the casinos have been in that state for the last 30 years. You have chosen not to wait on the State to pass a smoking ban and have now received national attention for it. You should now do the same and not wait for the State to tell you where they think the best sites for the casinos should be. Take the high road. These 125 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 opportunities only come but once in a while. Let the people vote. Don't let the State ruin perfectly good historic neighborhoods. All members of Council 7 should vote for the referendum with or 8 without the petition. Council should 9 let the people participate in such a 10 significant event which may forever 11 alter the historic character and nature 12 and uniqueness that only this city has 13 to offer the country. 14 Thank you. 15 (Applause.) 16 (Cheers.) 17
I'm sorry. I was out of the room for a second. Daniel, did you testify already?
I just 126 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 have a question relative to how we can figure out a way to support you guys even further.
Okay. How can someone -- is there an entity that someone can contribute to if you want to write a check? I mean, how are you paying for all of these lawyers? I mean, you have a ton of lawyers.
We have a lot of support from people who are volunteering their time to be a part of this, and I want to recognize all of the people behind me who are very much involved in that.
We do have an organization -- mostly it's individual donors at this point. 127 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113
It's been people who, from the bottom of their heart -- yeah, the citizen donations. So we're not backed by anybody, we don't have any foundation money at this point or anything like that. We're just -- it's a grassroots operation. People who want to are welcome to write checks to Casino-Free Philadelphia. I'm not sure if there's more you want to ask about that.
No, I was just curious as to where -- Casino-Free Philadelphia is a nonprofit?
It's incorporated. What's the status? It's incorporated. I'm not a lawyer and I forget the names of -- it's not a 501(c)(3). It's like a (c)(7). I don't know what these things are.
It's a (c)-something. 128 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113
But Casino-Free Philadelphia is the entity that accepts the money.
And you can go to the website. If I may, I just want to acknowledge that there's a lot of other people who would also like to speak, and I just want to recognize that we'll have a chance to speak in full City Council hearings and may have a chance to testify at that point. So for all the people who have things to say, we certainly can say it. And for this moment, I'd like us to declare victory and acknowledge that we've come yet one more step along the path. (Applause.) 129 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113
I would -- I mean, since we went into our public meeting and voted the bill and resolution out, I would reiterate my plea to you, which is that when you leave the chamber here, you go to the Penn's Landing Hyatt and talk to the people down here.
I'm happy to be the first person to be there and anyone else who wants to join me, we can head over. Thank you.
Is Representative Blackwell still in the room? REPRESENTATIVE BLACKWELL: Yes.
All right. I think Representative Blackwell and the International Longshoremen wanted to get something on 130 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 the record. If I could just reiterate: For everybody that still wants to testify, if you have written testimony, it will be a part of the record. You saw that we already took measures by the committee, so you saw what we did. So anybody that has written testimony, just submit it to us, and it will be made a part of the record. (Witnesses come forward.)
Good almost afternoon, Representative Blackwell. Please identify yourself for the record and proceed, please. REPRESENTATIVE BLACKWELL: Thank you, Mr. Chairman. Thank you for inviting me. I am State Representative Thomas Blackwell, Philadelphia County. I'm sitting here with Vice President James Paylor from the International Longshoremen's Association, who would like to give a 131 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 quick statement for the union and for the residents. (Applause.)
Please identify yourself for the record and proceed.
My name is Jim Paylor. I'm Vice President of the International Longshoremen's Association. Mr. Chairman, I learned from a much older and much wiser vice president that Tom Blackwell knows by the name of Ed Brown. He said to me, when you're sitting on the couch with your wife or your girlfriend and you're talking and she says "yes," shut up. Okay? So I sent my testimony to you last night with the things that I think you would interested in.
And I think right now, it's basically irrelevant to your decision. 132 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 All I'm going to ask you is to do two things. One is, recognize what the people in this room stand for, and I think you've already done that by your actions. But learn what I learned last Friday when I was here, okay? What I learned last Friday was that Councilman Kenney, and rightfully so, made it a point to ask relevant questions to the casino people, but he also made it a point that he's as angry as we are angry that our governor and our senator from our -- that were elected originally from our area have now dumped a cesspool into our community, and he wants us to hold them responsible. Here's our problem. We all know that the legal challenges for this issue wind up in front of the State Supreme Court, and I think that everybody is frustrated with the whole process. And if you talk to anybody in 133 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 Harrisburg, they all say, Well, there's no chance of doing anything. What that does to the Constitution and what that does to one of the most fine writings I ever read was, it reduces it to nothing. And the Declaration of Independence said when the government does not the protect the interests of the people, then the people have the right to change the government. (Applause.)
The International Longshoreman's Association's acronym is ILA. That also means "I love America," and nothing that I'm going to say should be interpreted to say I'm anti-American. But when I have a governor and a state senator that ignore the wishes of our community, both the longshore industry and the people who live from Whitman through Queen's Village through Society Hill to Northern Liberties and 134 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 to Fishtown, they feel -- and I've found this out through many e-mails. They feel very betrayed. So all we're asking for you is to restore democracy and take the wishes back, and let them know that those people that live in Whitman and those people that live in Fishtown and everybody in between, that their votes won't be bought any longer by fixing their alley lights, and their votes won't be bought any longer by doing trivial things with them. They need their social structure, the fabric for which they fought for many years, and especially their jobs to be protected. So all we're asking you, where the casinos have high-priced lawyers walking in with other lawyers, carrying their briefcases, they pay a top dollar for those people to represent the casinos' interests, we don't pay you top dollar. 135 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 You're elected because you care, and we ask you to take that caring back to our governor and to our state senator and say what was done here was wrong, and we don't care about what the Supreme Court may rule. What was done is wrong and now we're left to live with it, and let that be on their conscience. Thank you. (Applause.)
We'll take it to the Governor and the State Senator, but let's not forget the State House.
Don't forget the State House, 'cause they played a role in it too.
Thank 136 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 you. Thank you for your testimony, gentlemen.
While we're waiting for the next witness, if I can very briefly, just by way of announcement, to let everyone in this room know, literally as we are in this room, the attorneys who we are hiring to represent us on the appeal to the Gaming Board's process are actually still working on the legal paperwork that needs to be done. We expect to have, hopefully, some announcement by Monday morning, which is the last day to file, but to let you know that they've literally been working through the night. Myself, my legislative assistant, Mr. Abernathy, and the attorneys have 137 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 been going back and forth as late as last night 9, o'clock and this 4 morning as well. So we are still 5 working on that lawsuit. 6 Just wanted everyone to 7 understand that. 8 Thank you. 9
Please, if you're leaving the room, we have a witness that would like to testify. Ma'am, please identify yourself for the record.
Karen Dinardi, Casino-Free Philadelphia. I just want to thank Council for giving our voices back and to let us be heard.
And she has some written testimony. She says: 138 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 "I'm speaking as a citizen of Philadelphia, as a disability. I'm speaking not only for the disability community but for other citizens as well. Building these casinos will be dangerous to our lives. The crime rate will skyrocket, so please let us have a voice on this matter. Thank you."
Anybody else who wishes to testify? (Witnesses come forward.)
Sir, please identify yourself for the record. MR. LaROUCHE: I'm a longtime organizer for the last 33 years for the many time democratic presidential candidate in the democratic primaries, Lyndon LaRouche. I've been around all over City Hall, Philadelphia streets, its post 139 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 offices. I've gotten out millions of pieces of literature, newspapers, leaflets, pamphlets, neighborhood doors. So what we see is that this fight -- the local fight here to stop the gambling casinos is part -- one of the issues that comes up at a time when the world's leading bankers have decided that now is right for getting rid of the nation-state; that is, the system of self-government that began with the American Revolution. They've been trying to do it for the last 200 years. They couldn't do it militarily. They failed in a couple of wars. And this comes from bankers who are not originally American banker. They're the Dutch, the Anglo-Dutch, the same bankers that ran the slave trade and opium trade conducted by their East India companies. Now, that's what Americans are 140 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 missing. The fact that we're targeted for destruction of our whole country, not just the City of Philadelphia, but its neighbors, its morality, its self-government, its chance to have economic production like steel mills, like power plants, like railroads, like housing being built with hospital care, things that have been disappearing all over the country for the last -- including Philly, for the last 35 years. Now, this form of destruction is called -- if you listen to our president and vice president -- freedom and democracy. Stealing elections is democracy to Mr. Bush and Dick Cheney.
Sir, sir, sir -- MR. LaROUCHE: They're currently moving for world war --
Sir, sir -- MR. LaROUCHE: A war in Iran, 141 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 which cannot be stopped except by impeaching Dick Cheney.
Sir, sir, sir -- MR. LaROUCHE: Otherwise, there will be no economic improvement.
Sir, we're here on a -- thank-you, sir. Is there anyone else -- I know that's hard to follow, but is there anyone else that wishes to testify? Miss Haney?
I want to merely state that both City Councilman Kelly and State Representative John Taylor signed the petitions to bring the motion to the voters. Thank you.
Thank you, thank you. Anybody else to testify? 142 3/2/07 LAW & GOV'T - RES. 070112, BILL 070113 (No response.)
Seeing none, this hearing is adjourned. Thank you. (Proceedings end at 12:13 p.m.) * * * 143 C E R T I F I C A T E I HEREBY CERTIFY that the proceedings of the City of Philadelphia Council Committee on Law and Government are contained fully and accurately in the stenographic notes taken by me on Friday, March 2, 2007, and that this is a true and correct statement of same. __________________________________ JOSEPHINE CARDILLO Registered Professional Reporter (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)