Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Bill passes.
The last Bill to be called for consideration Bill No. 000682. THE
An ordinance providing for the civil liability for violation of certain 05/15/03 - STATED - 2ND READING & FINAL PASSAGE provisions of the Pennsylvania Motor Vehicle Code relating to obedience to steady red light signals and stopping at an intersection or crossing and establishing an administrative system for adjudicating liability in connection with such violations, all under certain terms and conditions.
This Bill having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll -I'm sorry. One moment, please. The Chair recognizes Councilman Cohen.
Thank you, Madam President. I rise to speak in opposition to this Bill, although I do commend my colleagues for having amended it to give us a second crack if ever there is effort to expand this program. Before, the State had the authority to expand the program, but City Council, following my objections, did put in a safeguard saying that before the program can be expanded from its original nine locations, City Council will consider it. And at that time, we will have some basis for experience. My opposition to the Bill is not based 05/15/03 - STATED - 2ND READING & FINAL PASSAGE on a lack of knowledge about the dangers that exist in the running of red lights. What I'm concerned about is more and more there is Big Brother present watching us and that there is going to be sooner or later the technology to take the pictures of the drivers and you're going to find that people are complaining bitterly about mistakes that are made. The government is very bad at making mistake. They make them all the time, because as we talked in the wage tax problem, government does not seem to be at all interested in the welfare of the average citizen. And who's going to suffer? The overwhelming number are going to be poor working people who need their cars for driving. They're going to get letter. They're not going to know they were ever at the street corner. It's a Bill aimed at compelling a family to have a parent testify against a child when the parent says, "I didn't drive the car." And they'll say, "Do you have any child that drives the car?" "Oh, yes, my 18-year-old son." And that's going to frighten parents. Nobody wants to get their kids in trouble. Why the City doesn't use common sense 05/15/03 - STATED - 2ND READING & FINAL PASSAGE and apply a strong educational program which it says its going to do now in connection with this Bill, why don't they do it without the threat of hundred dollar fines? I think this is an effort to raise money either for the City or the State. It's not clear which because we don't know where the money is going, whether the money's going to be kept by the State which took over the Parking Authority, in my judgment, illegally. And that court fight is still pending. Or the money will go to the City. And the Parking Authority is well known for using a lot of money to dump it into the ground. Witness Eighth and Market where the Parking Authority has built a very expensive garage. It's in the process of building it. For what? For nothing. Because Disney Land did not occur. We don't need the waste of that kind of money digging holes. I'm why sure the Parking Authority ought to be anything more. Why don't they do something about the exorbitant parking rates in Philadelphia instead of building structure for empty lots. In any event, it's just that I know government cannot be trusted. If you have any 05/15/03 - STATED - 2ND READING & FINAL PASSAGE question, think of the federal act that's supposed to help us be secure which now authorizes the federal government to go into the library system and find out what books read, what books did you inquire about, what magazines did you take off the rack. Now, everybody's shocked by that. Nobody thought that -- what's the name of those laws, Councilman Ortiz?
Patriotic Act. Everybody's patriotic. I can proclaim that I'm the only member of City Council that ever served in the armed forces. I can wave the flag higher and better than anybody else in City Council can. Before, Councilman Longstreth shared that honor with me. But nobody ever assumed that your inner most thoughts -- somebody has some question about Iraq, they want to get some more information, they go to the library, then they'll be with inquisitors from the federal government, "What were you doing reading this book on Iraq? Who did you know who was one of the people that drive planes into the World Trade Center?" You know, we thought we were protected 05/15/03 - STATED - 2ND READING & FINAL PASSAGE in privacy. And we're told that this act is for our safety, yet it takes away our basic rights. Well, the same way we can't afford to have our basic can rights infringed and, therefore, I say go slow. I think it was good what City Council did to amend this Bill, but I think I'm still very worried to death about improper usage. People who drive -- why the $100 fine? Why isn't it enough to have the usual fine? Who are they going after? I think they're going after the working poor; that's who they're going after. Give working poor benefits? Oh, no, no. Give working poor fair tax structure? Oh, no, no. But if we can, we'll penalize you and we'll even cause you in your own defense to be threatened with having to give the name of your daughter or your son or maybe your wife, or maybe the wife will be threatened to give the name of the husband as the driver of the car in order to avoid that fine. I think they ought to do away with the fine. I think they ought to have a great educational program, because it is important to have safety, it is important to have people obey the red light laws. But the way to do it is not with hammer 05/15/03 - STATED - 2ND READING & FINAL PASSAGE that threatens the economic outlook and the privacy rights of citizens. Therefore, I am voting no. Though I recognize the fact that by next time if there's an effort to expand, we'll have some more facts. We'll have a better chance to know what the threat really is. But beware of the increased technology. Sooner or later, your face is going to appear in some government book somewhere and some investigator is going to ask you about something you don't remember, like "Why did you happen to walk the dog two blocks from your house," where it happens that some conspirator on some other problem, maybe a robber suspect lived. "We happened to take your picture at the street corner. What were doing on that street corner." And you won't have an answer and your lawyer will make a fee, but you'll be frightened to death. That's what concerns me. I think we have to go awful slowly before we permit these kinds of invasions of privacy. Therefore, my vote will be no on this Bill.
Thank you. The Chair recognizes Councilman Rizzo. 05/15/03 - STATED - 2ND READING & FINAL PASSAGE
Thank you, Madam President. I'd like to thank my colleagues for their support of this legislation that will save lives and reduce injuries. Thank you, Madam President.
Thank you, Madam President. Madam President, I wish to point out today that we have all shared an incredible experience in two different matters. Our colleague Councilman Cohen in own unique style has been able to meld a variety of topics together, all coherent, all cogent, in an incredible fashion. And I'd just like to point out that I met a young man earlier today, he's here with his dad. He came to City Council for a civics lesson. I assured him in the Caucus room that he would not read anything like this in his civics book at school. And what we heard with regard to the discussion on 000682, Councilman Cohen was able to talk about in one Bill the wage tax, the Patriot Act, the War on Iraq, libraries, Big Brother in general, parking garages, family members potentially testifying against other 05/15/03 - STATED - 2ND READING & FINAL PASSAGE family members, and dog walking. (Laughter.)
I love Councilman Cohen. He is an incredible speaker and has a way of communicating a message. It is a style that will probably stay with him. But we have all experienced quite special here today, and I just thought that the young man should know that he has treated to an incredible experience here in the Philadelphia City Council. Welcome to Civics 501. Thank you, Madam President.
This Bill having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll. THE
Councilman DiCicco. 05/15/03 - STATED - 2ND READING & FINAL PASSAGE
Councilwoman Tasco. 05/15/03 - STATED - 2ND READING & FINAL PASSAGE
Aye. The ayes are 15, the nays are 1. A majority of all Members of Council having voted in the affirmative, the Bill passes. The Chair recognizes Councilman Nutter for a motion on Resolution 020084.
Thank you, Madam President. I move that Resolution 020084 be approved. (Duly seconded.)
It has been moved and properly seconded that Resolution No. 020084 be adopted. Since Resolution No. 020084 proposes an amendment to the Home Rule Charter -
Madam President, that was on the hold Calendar. I thought this was a Resolution that went with the earlier Bill.
The Resolution that was attached to the Board of Pensions and Retirement change, we actually voted last week.
Okay. We don't have another Resolution for you to be approved?
Thank you. That concludes Calendar. Are there speeches on the part of the Minority? (No response.)
Are there speeches on the part of the Majority? The Chair recognizes Councilwoman Tasco.
Madam Chair, I'd just like a very, very brief announcement. We read a Resolution this morning on behalf of the Cherokee Indian Festival. I'd just like to note that this festival will be hosted by the Southeastern Cherokee Confederacy of Pennsylvania at Temple University, Ambler Campus on May 24th, 25th, 26th, 2003; three full days from 10:00 a.m. until dusk. And we ask our colleagues and listening audience and citizens to participate in this wonderful festival. Thank you very much.
Thank you, Madam President. I wanted, in reply to Councilman Nutter's comment about lesson, to establish a fact that civic lessons are practical lessons. For example, just a short time ago, I introduced a Resolution which this City Council passed unanimously because they thought it was a good way to quiet me, but Councilmembers had privately said, "What, is Councilman running for Congress? What's he doing dealing with a federal matter?" It involved how the Environmental Protection Administration makes its rules. And what was at issue is something known as a cost benefit factor. Now, government always wants to keep everybody lacking knowledge. Nobody knows what cost benefit factor means. So we don't say anything and government gets away with everything. But cost benefit factor happens to be a technique that the current Republican Administration in Washington uses to decide whether the benefits of an environmental requirement are worth the cost. And how do they figure out the cost? Well, what good will that people? How long will they be able to live. And the government said, "Well, senior citizens, they're at the end of their career, therefore, we won't count them as a whole person, we'll only count them as two-thirds of a person. So I introduced a Resolution saying that's wrong. We who are senior citizens demand the right to be considered a whole person, not a partial person. So one of my good colleagues, whom I will not refer to buy name, said "Are you running for federal office?" And I said, "Not at all. I'm running because I don't trust Congress to act sensibly without hearing from the people." Let people in Philadelphia let the Congress know and that will help them come to a correct decision. I want you to know that Philadelphia was one of the few cities that adopted that Resolution and in the course of hearings on whether or not that rule should be changed to eliminate counting a senior citizen as only two-thirds. The federal government exceeding to Philadelphia and I think one other City's request has changed the rule, and senior citizens everywhere, at least for environmental purposes, are now considered as full Therefore, it shows how Congress reacts when people locally show an interest, show an understanding of the issue. So to the young man that Councilman Nutter invited, civics lessons are not academic issues alone. They're very practical and they affect the way we live. And the environment will be improved by the fact that this City Council overcame its view or at least had the strong desire to shut me up and decided that day the best way to do it was to support the Resolution. Thank you very much. For everybody for tolerating this understanding. (Applause.)
The Inquirer incidently ran the headline yesterday saying that the government has decided to reevaluate senior citizen and treat them as whole persons. I think that's great for all senior citizens. Thank you.
Thank you. I think we've been referring to the young student. Perhaps he can stand so we can recognize him. (Applause.)
Welcome. I hope with us. Any there any other speeches on the part of the Majority? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that Council stand adjourned until Thursday, May 29, 2003, at 10:00 a.m. (Duly seconded.)
It has been moved properly seconded that Council stand adjourned until Thursday May 29, 2003, at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it, and Council will be adjourned until Thursday, May 29th. (Council adjourned at 12:05 p.m.) C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of May 15, 2003, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING ___________________________ Lisa C. Bradley, RPR and Notary Public