COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING BEFORE THE COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, November 13, 1997 2:10 p.m. - - - BILL 960707 - Amending Section 14-1605 of the Philadelphia Code, entitled "Regulated Uses," by adding "adult entertainment store" as a new regulated use. BILL 970608 - Amending the Philadelphia Zoning Maps, by changing the zoning designations of certain areas of land located in the 27th Ward. - - - PRESENT: COUNCILMAN JAMES F. KENNEY, Vice-Chair COUNCILMAN DAVID COHEN COUNCILWOMAN AUGUSTA A. CLARK COUNCILMAN W. THACHER LONGSTRETH COUNCILWOMAN ANNA C. VERNA COUNCILMAN RICHARD T. MARIANO - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center Plaza, Suite 600 Philadelphia, PA 19103 (215) 561-2220 2 I N D E X BILL 960707 PAGE John P. Campbell, Manager, Legislative and Regulatory Affairs, Department of L & I------ 3 Dr. Mary Anne Layden, Director of Education, Department of Psychiatry Center for Cognitive Therapy, University of Pennsylvania---------- 9 Anthony Visco, Attorney, Montgomery, McCracken, Walker & Rhodes------------------------------ 19 William Devlin, Director, Philadelphia Family Policy Council------------------------------- 22 BILL 970608 Richard Lombardi, Chief of Project Planning, Planning Commissioner------------------------ 44 Paul J. Deegan, Representative, PIDC and PAID--- 48 - - - Public Meeting---------------------------------- 52 - - - 3 RESOLUTION 960707
Good afternoon, ladies and gentlemen. The Council Committee on Rules is now in session. We have a quorum: Council members Cohen, Verna, Longstreth, Kenney. In attendance in the room is Councilman Mariano. Here we will accept testimony on two bills. The first is Bill No. 960707, which is an Ordinance amending Section 14-1605 of The Philadelphia Code, entitled "Regulated Uses," by adding "adult entertainment store" as a new regulated use; by defining "adult-entertainment store" in terms of stock-in-trade or sales of adult books, magazines, videos, CD-ROMs, adult novelties, and other adult-oriented materials; and by including adult-oriented CD-ROMs within the type of material that characterizes an "adult video store," all under certain terms and conditions. Please identify yourself for the record and proceed.
Good afternoon Councilman Kenney, members of the Rules Committee, I am John P. Campbell, Legislative and Regulatory Affairs Manager with the Department of License & 4 RESOLUTION 960707 Inspections, and I am here to testify --
Let me start over. I am John P. Campbell, Legislative and Regulatory Affairs Manager for the Department of License & Inspections. I am here to testify on the provisions of Bill 960707, which, if enacted, would add a new section to the code dealing with regulated uses. Before I again my testimony, I would like to propose an amendment to the Committee. And it is on , under Proposed Section 0, Adult Entertainment Store. And I would like to delete some language and add some new language. I would like to delete starting with the top Line 1, and take the first few words on Line 2. So the language that I am deleting is, "a substantial or significant." And the language that I would like to add in its place, or substitute in its place, is the language that states "at least a 25 percent." 5 RESOLUTION 960707 So that that section would now read, "Adult entertainment store, an establishment having at least a percent portion of its stock and 5 trade, books, magazines, or periodicals, 6 characteristic of adult book store as defined in the 7 section; videos or other visual production materials 8 characteristic of an adult video store, as defined 9 in this Section; and/or any devices, commonly known 10 as sex toys, designed or marketed as useful 11 primarily for the stimulation of human genital 12 organs." 13 The reason I am asking for this 14 change in language, "substantial and significant" 15 language, it is really difficult to enforce, and we 16 have had problems in defining it. 17 But the way this bill was put 18 together and drafted is that we are talking about a 19 25 percent portion of the stock and trade. So it is 20 something that we can relatively easily count and 21 say, yes, you are. No, you are not. 22 And if you remember the problems that 23 we had with the adult video stores, where we talked 24 about significant or substantial. And I think at 25 that time we were using a third. But there was no 6 RESOLUTION 960707 law to justify, to verify that.
Would a video rental store, Blockbuster or some other -- I don't want to use a trade name, because some of those don't carry any of these items at all. Any video rental store that has 8 percent or more of its tapes that are 9 adult-oriented, that would be considered an adult 10 entertainment store under this? 11
If it was just a video 12 store, there is a definition for adult video stores. 13
And the Department has 22 no objection to the enactment of the ordinance. 23 And, if acted upon by this Council, we will enforce 24 its provisions. 25
First, on top of is the current definition of an adult video store, which uses the phrase "substantial or significant." Do you have any cases to cite? Did the City Solicitor make this recommendation? What is the basis of it? Because it seems to me that "substantial or significant" would in fact be easier to enforce than percent. Because there 13 won't be an agreement as to what it is the 25 14 percent of, and that will be constantly disputed. 15 Is there some case law for the 16 amendment? Why the amendment? Whose idea is the 17 amendment? 18
Okay. This was the 19 recommendation of our staff, our Zoning staff, 20 because of the problems that they have with the 21 terms, the language, "substantial or significant." 22
Has it been 23 discussed with the City Solicitor, whose function it 24 would be to enforce it? Do we have any law 25 indicating? 8 RESOLUTION 960707 See, "substantial or significant" can be far less than percent. A substantial or 4 significant could be 10 percent. And because it has 5 a broader reach, I think it would be a much more 6 effective weapon than 25 percent. 7
Councilman, I see your 8 point. 9 And I think at this point, yes, I 10 would like to withdraw that amendment. I see where 11 you are going with this. You are correct. 12 And, no, we did not speak with the 13 Solicitor. But I do see your point. 14
And I don't believe 20 you can argue with logic. 21 So, again, I would like to withdraw 22 that. 23
Any other questions from members of the Committee of Mr. Campbell? Thank you very much. Anyone else in the room to testify on this bill? Okay. Please come forward. Please identify yourself for the record.
My name is Dr. Mary Anne Layden. I am the Director of Education in the Department of Psychiatry at the University of Pennsylvania Center for Cognitive Therapy. I am here to testify about the impact of the sex industry. I want to talk a little bit --
We have a very old system, and you have to speak directly into it. Thank you.
Craig Rabinowitz and Jimmy Stewart were in the papers recently. Craig Rabinowitz is a sex and pornography addict, who killed his wife and deprived his one-year-old daughter of a mother. Jimmy Steward died this summer. And 10 RESOLUTION 960707 he is remembered for his wholesome portrayals of -- especially from his favorite movie, which was, It's A Wonderful Life. In the movie Stewart played the quintessential honorable common man. He is faithly married, raising children, and making his community of Bedford Falls a better place. He is given a chance to see what his community would be like if he hadn't lived. He is shown this vision of Bedford falls and its slide into the sleazy Pottersville that would have happened if he hadn't been there. Pottersville, which is overrun with bars and sex industry establishments. The local bad girl, her name is Vi, who is helped in her Bedford Falls life to straighten herself out, becomes a prostitute in Pottersville. Stewart is given a choice to make life resemble Bedford Falls or Pottersville. Craig Rabinowitz is given the same choice. The sex industry is an equal-opportunity degrader. It harms the women workers, the male customers, and the families of 11 RESOLUTION 960707 those customers, as well as the society in general. Damage both precedes and comes from the sex industry. Through his sex and pornography addiction and his involvement with the sex industry, Craig Rabinowitz is just the most visible and extreme example of the damage that is done by this industry. However, he is typical of many other Philadelphians in this one way: Craig Rabinowitz chose Pottersville. In the last 12 years I have specialized in the treatment of sexual violence victims and perpetrators. I have not treated one case in that 12-year period of sexual violence that did not include pornography. Typically, the kind of pornography involved is nonviolent, soft-core pornography. In every case of sibling incest that I have treated, the pornography that was involved was sex magazines; most often Playboy magazine, Penthouse magazine and Hustler magazine. In all the cases of sex addiction that I have treated, pornography has been the 12 RESOLUTION 960707 initial drug of choice and has become the gateway drug of more pathological behavior. Pornography distortion is a set of dysfunctional beliefs spread by pornography about sex acts, women, women's bodies, and male sexuality. Some of these beliefs are permission-giving beliefs and are releasers for sexual violence. In psychotherapy, I hear these beliefs from perpetrators of incest, from child molestors, from rapists, and from sexual harassers. Pornography distortion is also found in women. It shows up in the psycho-pathological disorders such as depression, low self-esteem, eating disorders such as anorexia, and sexual dysfunction which is worsened by body self-consciousness. Pornography distortion affects general social problems, as well. The beliefs have an impact on early sexual activity, teen pregnancy, irresponsibility in fathering, sexual dissatisfaction, and divorce. Some of the effects of pornography 13 RESOLUTION 960707 distortion are subtle, some of them are obvious. They are seen in both men and women, in children as young as three, in teens, in adults, and in seniors as old as 80. They are seen in psychiatric patients and in normal individuals, as well. The sex industry, in general, spreads this toxic material and these beliefs. It is an equal-opportunity damager and damages us all. I would like to talk a little bit about the damage that precedes working in the sex industry. Most sex industry workers who work in the sex industry are adult survivors of childhood sexual abuse. Research indicates that the number is between 60 and 80 percent. One study found that 35 percent of strippers have multiple-personality disorder and they are dissociated -- that is, they are in complete mental disconnect -- when they are stripping.
They cannot be psychologically awake and in their bodies and do what they do. Another 55 percent have borderline personality disorder, which is a severe personality disorder whose hallmark is that patients with this 14 RESOLUTION 960707 disorder frequently inflict pain on themselves and try in serious and sometimes lethal ways to hurt themselves. Major depressive episodes are seen in about 60 percent of sex industry workers. These are very serious psychiatric problems with frequencies that are far above the general population, and many of these disorders are connected to childhood sexual abuse. Typically, the sex industry worker is a woman who, when she was a little girl, would get into her bed each night and roll herself into a fetal position, and every night he came in and peeled her open. The physical and visual invasion of little girls' bodies damaged these girls psychologically and gave them a psychologically unhealthy view of sexuality. Often, as an adult, she will re-enact her childhood trauma by working as a stripper, a playboy model, or a prostitute. The men who, now as customers, physically and visually invade the adult woman's body re-enact the role of the perpetrator. These 15 RESOLUTION 960707 women work in the sex industry because it feels like home. Among sex industry workers, eating disorders are also rampant.
I'm sorry. Could I just interrupt for one minute. We have the written testimony here, which will be submitted for the record. And if you would be so kind as to kind of summarize your thoughts on this as it relates to the bill. Because we have this text to read. And we could read it, and it will be part of the record. But for time's sake, we would appreciate it if you could just summarize your thoughts as it relates to the implementation of this particular bill.
My concern about this particular bill is one that indicates that if we take CD-ROMs and put them in a particular location, that we have, in fact, protected the society. My belief is that the messages that are spread in adult industry book stores, in 16 RESOLUTION 960707 CD-ROMs, in videos, actually need more than containment. This is like making a Pee and No Pee Section in the swimming pool. And if we think that this is enough, I don't think that this is enough. That the damage that's done by these materials -- now, if the question is, is a pornographic CD-ROM equivalent to a pornographic video? Indeed, it is, and it is probably worse. Because the CD-ROMs are often interactive and give the viewers not only a chance to view the information, that information being permanently implanted in their minds, but it gives them a chance to act out that information. When you have a CD-ROM in which you are allowed to put a jack hammer in a woman's vagina, that's what you choose to do in that CD-ROM, you not only spread the belief, but you spread the behavior. So if the question is, should CD-ROMs be controlled in the same way that videos should be controlled? Absolutely, they should be.
Part of the 17 RESOLUTION 960707 problem we deal with as a City Councilman is that our jurisdictional limits are as defined. Our ability to eliminate certain practices and certain items are very much controlled by both federal and state law. And we find ourselves often trying to control these issues in the area of zoning and other types of city-able enforcement. I don't think any of us here, by voting for this, or Councilman Mariano by introducing it, is saying that this is, in effect, a good thing, and we are protecting everybody now. What we try to do is to eliminate the access to it. And you would argue that it is inappropriate for anybody to have access to it. And while I may agree with you, we don't have the jurisdiction to do that. So what we want to try to do is to keep it out of the hands of children and young adults as best we can. And then, I guess, the public argument, the public policy argument, nationally and constitutionally, as to whether or not she should eliminate all these things, is something that's out 18 RESOLUTION 960707 of your jurisdiction. So we try to do the best we can to control those issues.
But my question is -- and I have not heard anyone actually answer this question in a way that satisfies me -- if prostitution is actually illegal and is defined as paying a woman to have sex --
Right. -- why is the presence of a camera, videotaping that act, why is the act of paying a woman to have sex and putting it on camera film, why is that not defined as prostitution?
Again, I am not a lawyer, and it is difficult for me to argue. And I don't want to take a position where I am arguing with you to think that you are wrong. I think one issue has to do with the issue of speech and visual, as opposed to physical, act. And I think that's where it breaks down in a criminal sense. That it is not criminal to say or to view, but it is criminal to do. 19 RESOLUTION 960707 And that's -- I mean, as I read it -- and even the criminal issue is out of our jurisdiction because the laws on prostitution are state statutes that we do not have the ability to amend or to expand.
Well, so, if your question to me is, should these be regulated, should CD-ROMs be regulated, obviously I believe they should be regulated and that they should be, probably, regulated above and beyond the level we regulate videos because they do, in fact, involve behavior on the part of the viewer.
Thank you for your testimony. Please identify yourself for the record.
My name is Anthony Visco, V-I-S-C-O. I am a lawyer, and my practice is in Philadelphia. I do employment and labor law. I grew up in the city, went to Frankford High School, then I went on to Drexel University, co-op program, and I practiced law with Obermeyer, Maxell, & Hippel, and most recently with 20 RESOLUTION 960707 Montgomery, McCracken, Walker & Rhodes. So I have a vested interest in this city, I care about the city. I served as the President of the Northeast Philadelphia Chamber of Commerce for three years. And I am very concerned. As a lawyer, I am not a constitutional lawyer. But one of my advocations or hobbies is dealing with the family, and protecting the family from porn problems and obscenity problems. I would like to read two quick quotes from the Supreme Court. They are very short. The first is from a case called Roth versus The United States, which is still good law. And Roth says, "Obscenity is not within the area of constitutionally protected speech or press." From a case called Miller versus The United States, "To equate the free and robust exchange of ideas and political debate with commercial exploitation of obscene material demeans the conception and the purpose of the First Amendment and is a misuse of the guarantee of free speech and free press." Specifically with the legislation in 21 RESOLUTION 960707 question, as a father of five kids and five grandchildren that's very concerned about the next generation, I don't want to see this kind of material made available in the neighborhoods. I don't even like to see it in adult book stores. But if we have to have them, and if you can control them, you can exert control over adult book stores, then my position is, let's control CD-ROMs and put them there as well, not in the mom-and-pop grocery store down the corner or where anybody else that might choose to open a business up in any neighborhood and further degrade that neighborhood. I believe this is critical to our culture, and I applaud Councilman Richard Mariano for introducing the legislation. And I hope and pray and respectfully request that this Committee consider this legislation favorably, report it out, and that it is voted upon. Because I think it is crucial to our cities to control this before it becomes a blight in residential neighborhoods, next to schools and churches, and places like that. 22 RESOLUTION 960707
Thank you very much for your testimony. Would you please identify yourself for the record.
My name is William Devlin, 6428 North Fairhill Street in the East Oak Lane section of the city. I am also the Director of the Philadelphia Family Policy Council, an urban-based interracial pro-family organization dedicated to the City of Philadelphia, its children, and its families. And copies of my printed testimony, which I will briefly go over, have been already distributed. Good afternoon. Thank you for this opportunity to testify related to Bill No. 960707. And I testify in support of the bill. Violence towards women is a pervasive problem in our nation, in our region, in your city. One only has to read the tragic accounts of the lives of women such as Anne Marie Fahey and Stephanie Rabinowitz to understand our culture's continued preoccupation with violence 23 RESOLUTION 960707 directed towards women. Pornography, in all its forms, is a cultural pathology that is directly contributing to the continued violence directed towards women. The goal of every pornographic film, video, magazine, and I add CD-ROM, is to portray women as objects, nothing more than pieces of meat to be used for the perverted interests of men. This is currently going on in Philadelphia. And any municipal legal steps we can take to prevent violence against women, those steps should be taken. Therefore, that is why I am here today testifying in favor of Councilman Mariano's legislation. I live in the Oak Lane section of the city, and I currently serve as a Democratic Committeeman in the 61st Ward. I should also add that the ultimate reason I am here today speaking out against violence towards women in the form of pornographic CD-ROMs and how pornography promotes that violence is the fact that I have a wife, and three of my five children are women. 24 RESOLUTION 960707 Every imaginable study that has been done on the effects of pornography always comes down to one conclusion, pornography in all its forms creates, fosters, condones violence towards women. Some civil libertarians may think this is the price we pay for living in a free society. They may think that; we hope that they just don't say it. Councilman Mariano's legislation is protective legislation, not censoring nor restrictive. Even the American Library Association regulates the types of books that they allow or do not allow in American libraries. Furthermore, every librarian in every Philadelphia public school every day practices discretion when he or she receives a new shipment of books. So the discussion here today, men and women, is not about censorship; it is about civic responsibility. It is about neighborhood responsibility. And I should also add that I am the President of the Oak Lane Park Improvement 25 RESOLUTION 960707 Association, which is one of the city's oldest neighborhood associations, founded in 1915. It is also about a government and store owners that will practice fiduciary responsibility towards its citizens. As a city, we have a duty to protect all citizens, and that group includes women. And we must work to alleviate the destructive influences which promote violence towards women. And, in my estimation, that includes pornographic depictions of women. And let me just rapidly conclude by quoting some recent studies. On another matter, as Mary Anne has already addressed, some may say that the women portrayed in pornographic venues are there of their own free will and accord. Our response to that would be a reasonable and rational one. The majority of the women involved in the grisly, denigrating, violent world of porn are there primarily due to drug dependence, intimidation, and fear of bodily harm. Pornography is a $10-million-per-year industry nationwide. It is the third largest RESOLUTION 960707 revenue producer for organized crime, trailing only drugs and gambling. The typical child molester uses pornography in his or her attempts to entice children. And the typical child molester abuses over 365 children during his or her lifetime.
A study of child molesters in Canada in prison showed that 77 percent of those who molested boys were regular users of pornography. 87 percent of those who molested girls were regular users. And the statistics go on and on. Sexually transmitted diseases -- and this is where it has not only a public policy, but a public health implication -- sexually transmitted diseases now strike more children each year than the polio epidemic did in the 11 years of that polio epidemic. And many of the kids who contract SDIs or SDEs contract these diseases as a result of sexual abuse. A study of convicted rapists in prison in Canada showed 86 percent of convicted rapists said they were regular users of pornography, and 57 percent said they imitated during their 27 RESOLUTION 960707 crimes what they had seen in pornography. Adolescent boys, ages to 17, are 4 among the largest consumers of pornography. 5 And let me conclude, pornography is 6 addictive. The steps in pornography addiction are, 7 number one, addiction; secondly, escalation; 8 thirdly, desensitization; and, lastly, 9 actualization. 10 The fourth stage, actualization, 11 means actually doing it, copying what they have 12 seen, whether it is on a video, in a film, or on a CD-ROM. There is a rape in the United States every 46 seconds, many of which are predicated by pornographic usage. Finally, pornography is a public health and safety issue. The harm of pornography can be proven in five prime areas, and that is why we need Councilman Mariano's legislation. Number one, the way it facilitates child molestation; number two, its relationship to rape and sexual violence towards women and, I may add, children; thirdly, it's compulsive or addictive nature for many men and young boys; fourthly, its 28 RESOLUTION 960707 direct role in the transmission and encouragement of sexually transmitted infections; and, finally, the way it shapes attitudes and values of men's attitudes towards women. We appreciate the leadership of Councilman Mariano on this quality-of-life issue to make Philadelphia a better city and to decrease the amount of violence towards women. Thank you.
Thank you very much for your testimony. Are there questions for these witnesses? Thank you. Councilman Cohen.
It seems to me that the two newspapers in Philadelphia recently expanded their coverage of sex-oriented businesses in the city. They contain material depicting women, women available to participate in what's called adult conversation or to act out. You call it actualization. I am wondering, have any of you communicated with the Inquirer and the Daily News? 29 RESOLUTION 960707 And what was their response?
Yes. It is ironic. I wrote a letter to Maxwell King to discuss my concerns about both the sex industry advertising and the sex industry coverage in the Philadelphia Inquirer. The letter was dated April the 29th, which was the day that Stephanie Rabinowitz was killed. The letter went on extensively, giving information to Mr. King about how his newspaper had used this information. I never received a response from Mr. King. I have spoken to Todd Brown, who is the Vice-President in charge of advertising at the Philadelphia Inquirer. We have spoken many times over the last few years. And, in fact, since January of this year, the Philadelphia Inquirer has only carried two advertisements for strip clubs. They used to carry many, many more. So the Philadelphia Inquirer has backed off, to some degree, its advertising of strip clubs. 30 RESOLUTION 960707 There are -- I have told Mr. Brown that a number of newspapers across the United States have chosen not to carry sex industry advertising any longer, and we want to encourage the Philadelphia Inquirer to do that. The Daily News is notorious for carrying advertising of this sort, and continues to carry ads, even for Delilah's Den, the case that was involved in this recent tragedy. So I think it is not just Craig Rabinowitz who has a moral disconnect.
It just seems to me it would be very important to either institute a legal action or a large community pressure. Because going back to the amendment, I, certainly, on some days it seemed to me that the amount of coverage they gave to these businesses added up to a substantial and significant portion of the entire coverage of the newspaper.
And that gets the widest distribution, you know, far more than these adult stores do. And I think it sets a terrible example because it appears in almost every house. 31 RESOLUTION 960707 And I don't know the answer. The Chairman indicated the problems we have at the local level. And I say this, incidentally, because, as you probably know, I am considered by most people a civil libertarian. I consider myself such. But I agree that this is not a matter of civil liberties at all. It is a matter of protection of human values. It is a campaign against degradation of women. And I think it degrades men if it induces men to participate in the kinds of actions they advertise. So I encourage you to do that. But I just think something ought to be done about the two groups that I think are the worst purveyors in the city, because they reach so many people, hundreds of thousands in the Philadelphia area every day. And that's the publishers that are doing it, obviously, only for the money that these ads produce.
I might add, too, that the Philadelphia Daily News, because it carries so much sex industry advertising, does appear this year 32 RESOLUTION 960707 on the Psychologists' Boycott List based upon its advertising for the sex industry. So the psychology community is concerned about this issue, as well. It is far enough, to the point where they would put them on this list.
Councilman Cohen, I would like to respond quickly by saying, I have written every sports writer in the Philadelphia Inquirer. Because that's where the ads are, that and hair replacement ads. So there is a target audience there.
But I would like to say specifically that I would like to enter into my official testimony a copy of a letter from one of the sports writers at the Philadelphia Inquirer who said, all of the sports writers at the Inquirer are fed up and sick to death of the sex ads in the Inquirer. And let me add as well -- so we have done that. We have approached the Inquirer and the Daily News. And it is not just those two; it is the City Paper, it is the Philadelphia Gay News, it 33 RESOLUTION 960707 is the Au Courant. Every newspaper in the city depends upon sex industry advertising revenues. And it is a crime, and we think it should be stopped.
In fact, the editor of the City Paper, when they were notified that they were on the Psychologists' Boycott List because of their sex industry advertising, wrote a very large piece, whole full page, criticizing the Psychologists' Boycott List. And when we said to them, "You know that many of the ads you carry are advertisements for prostitutes. And that behavior is illegal. Do you in fact advertise any other illegal activities in your newspaper? Could a hit man put an ad in your newspaper?" And they said, "Absolutely not. This is the only illegal activity that we are willing to advertise." And I think that those local free papers that are on every corner, that are outside my children's school at this very moment, free for any child to go in and take this, even defend their behavior, even when they know the activity that they are advertising is illegal. 34 RESOLUTION 960707
I would agree with you about all these other papers. But you can add all of them up together, and they don't cover one one-hundredth of the coverage that the Inquirer and the Daily News have. And I am just wondering whether the Inquirer and the Daily News, the Knight-Ridder Company, is considered just too powerful to fight. And I would like to suggest to Councilman Mariano, since he is the author of this legislation, that you might give thought to ways in which the City Council might be able to investigate how much income comes from these ads.
Back to the legislation in question. It would be a worse problem if CD-ROMs of the kind that we are trying to control are permitted to go into stores, and the mom-and-pop shops all around the city. So it is important that the legislation be accepted by City Council. I hope you will thoughtfully consider it.
Thank you, Mr. Chairman. Following up on Councilman David Cohen's comments. I consider myself a civil libertarian, as well. But I wonder if the degree to which the newspapers' general distribution have been suckered in by money, they're carrying the ads, it is kind of like a Good Housekeeping seal. Perhaps that's part of the problem. The free papers are special interest, and may or may not have the same responsibility to us as the newspapers which are in circulation. So if it shows up in the Daily News or the Inquirer, doesn't that seem to say, doesn't it legitimize this kind of commercialization of women?
I would very much care about anything that takes from the dignity of any group of people. And I really care if it is a group that I am a member of. And so it is very personal to me. I live in North Philadelphia, and I have seen Center City prostitution creep up Broad 36 RESOLUTION 960707 Street. And no amount of fighting seems to get the type of response that this is a serious problem. People say things like, "Oh, it is one of the outcomes of urban living." Well, I don't think so. And I really do think that the Daily News and the Inquirer -- but the Daily News is the larger offender -- and that the Daily News ought to be ashamed of the blood money that they get as a result of encouraging people to take out their interests and act them out on weak and defenseless people who may be drug dependent, who may think that this is the only way they can earn a living, so they earn a living by selling or renting their bodies. I am sad about it. I hope that something can be done of their own volition. Because now it comes back to me, as a lawyer, to worry about restraints. Restraints of the First Amendment always worry me.
It doesn't worry you, sir, but it worries me. And whether it is or not is something that gets argued in a court. And you and I can argue in the 37 RESOLUTION 960707 hallway, but that wouldn't be the same as arguing in the court. And while it does worry me to do anything against the first amendment rights, I also realize that no one has the right to yell fire in a crowded theater. And this may be the fire-in-a-crowded-theater area of concern. Thank you, Mr. Chairman.
Thank you, Councilwoman. Any other questions for this panel? Thank you very much for your testimony. Anybody else in the room today to testify on this bill? Councilman Mariano, would you like to make a statement?
Yes, I would, Mr. Chairman. Just let me sum up the history real quick of this bill. Unlike Councilman Cohen and Councilwoman Clark, I was unfortunate or fortunate not to have gone to law school. I appreciate what they do, and I use their knowledge. Because I am glad they are here 38 RESOLUTION 960707 because there are first amendment rights and prior restraint that mean absolutely nothing to me. And, to me, that's good. Because it is easy for me to know what's good and what's bad. And if I am going down the wrong road, either one of those two or other members will pull me back in. This starts about a year ago, and we have Risque Video. Now, before I became a Councilman, I read the Daily News from the Sports page out. I read the Daily News now from the Metro page out, so that I don't read the Sports. I forgot about these Risque ads, but that's where they are. Risque tried to go up to the top of my district, the 53rd Ward. Risque goes a block away from another video store. People call me and we go and we protest, and we get the Commissioner from L & I out there. Now, for argument's sake let's say there are a thousand videos -- well, they are all adult videos in this store. L & I tells them that 51 percent of these videos have to not be adult videos or they are an adult video store. So 501 videos are adult videos. They become an adult video store. 39 RESOLUTION 960707 So what do they do, they go out and buy 2,000 videos for a dollar at a wholesaler, and half of them are dated, and it is Old Yeller Go Home. I think I saw that with DiCicco a number of years ago. But they weren't good videos. But, technically, the letter of the law, Councilman, the intent and the letter of the law that you are talking, they are not --
Thank you. You are the one that taught me that. Well, they were in the law, so we lose on this one. But Risque, they have one up in Germantown. And they have one down in Southwest Philly by the refineries. And luckily there is no 20 houses right there. But the Tasker homes, they are across the street. And kids come over, wherever they are. So this happens. And we are in the middle of this. And the L & I inspector said, "Councilman, you should see these adult CD-ROMs, videos. They are 40 RESOLUTION 960707 interactive." You watch a movie, you may be really gone, and you could interact. But when you have an adult CD-ROM -- I have a 16-year-old son. He was 6 then. He brought me some home one of these from a 7 flea market that he had no trouble buying. 8 I am going to tell you, I was in the 9 building trades for 20 years. Not much makes me 10 nervous when it comes to adult entertainment. I 11 thought I saw everything. 12 You could really be in a fantasy 13 world, because you can interact with these CD-ROMs. 14 I mean, I won't repeat what you said. But what you 15 said, in fact, was not too far off about a certain sexual act with a woman's body. That stuff happens. So you could really be in a fantasy world. This is going to get carried away, if we don't regulate these. Now, my word here was regulation. I want to regulate. I don't know about the amendment we are going to put in --
That's good. 41 RESOLUTION 960707 But to the PNI, they never supported me. They probably never will. And that's fine with me because nobody that works there, I think, lives in my district. But that's right. It is in there. And it is in the Sports section, to get people who care about sports. Now, maybe the Inquirer is not doing it like they used to. But the Daily News is still doing it. And it is in the back. And I'm sure the sports writers don't like that. But I will bet you you can remember being 13 years old and somebody saying to you -- I'm going to go out on a limb, and Councilman Kenney is going to show me dirty looks -- I remember somebody saying, "Come here and look at and watch movies." And they were 8 millimeter movies, with guys with socks and black tape over their eyes. Don't laugh, because you might have been in the room. But I remember that, directly what effect that had on my life. Hopefully, thank God, I had a father who steered me the right way. And my 42 RESOLUTION 960707 sons may have a father who, hopefully, is steering them the right way. But these CD-ROMs are too much. There is too much access. That's why we need them regulated. And I can't get into the first amendment rights. I couldn't even begin to have a conversation with either of these two lawyers in the room about that, nor do I want to, because it is ignorance on my part. And it helps me do what I need to do. But we need to do this. And that's all. It is not a shot at anybody but this entertainment industry. The guy that owns this video store lives somewhere halfway down the shore, and he lets them do whatever they want to do. He went out and spent money on videos to skirt the letter of the law. Sure it is all related, just like this lady said. It is all related. We were up and down Kensington Avenue, Broad Street. It is the same thing, and this is why. I would like to thank everyone for coming here today. Thank you, Mr. Chairman. 43 RESOLUTION 970608
Anyone else to testify on this bill? Any other comments? Thank you very much for your testimony. We will now move to Bill No. 970608, an Ordinance to amend the Philadelphia Zoning Maps, by changing the zoning designation of certain areas of land located in the 27th Ward and within an area bounded by Spruce Street, 34th Street, Civic Center Boulevard, University Avenue and 38th Street from partly Class R-15 Residential, partly Class C-4 Commercial, partly Class C-3 Commercial, and partly Class IDD, Institutional Development District, to a designation of partly Class R-15 Residential, partly Class C-4 Commercial, partly Class C-3 Commercial, and partly Class IDD Institutional Development District. Please identify yourself for the record and proceed with your testimony. Before you do that, I have a message from Councilwoman Blackwell, who wanted to be here today. She may be in before the end of the hearing. And she is in full support of Bill 970608, which she introduced on October 9, 1997. 44 RESOLUTION 970608 Please identify yourself and proceed.
My name is Richard Lombardi, Chief of Project Planning for the Planning Commission, here today to testify on behalf of Bill 970608. This bill was prepared by the Planning Commission staff, at the request of PIDC, as part of a transaction to sell this land, the underlying land -- or portion of the area rezoned to Children's Hospital. And zoning would have to be in conformity with the use of the property. The property is used, by nature, by benefit of Zoning Board variance. The zoning, underlying zoning, from the old PGH site was never changed. It was decided that the zoning would be done as companion bills at the time the land was sold, so that Council would have control over the reuse -- see plans for the reuse of the land when sold. In this particular case, the ground was already dealt with. So the proposal here is to rezone 45 RESOLUTION 970608 this property from Class R-15 Residential to Class C-3 Commercial, which is the zoning classification that we generally use throughout the city for hospital and related health care facilities. For the record, the Planning Commission, pursuant to its meeting of October 1997, recommends approval of Bill 970608. I would like to mention, however, that subsequent to the drafting of this bill, prior to this hearing, we had a request from the property owners, PGH Development Corporation. It seemed in the legal description of the property to be rezoned, a portion that was leased, as opposed to -- this is all complicated. There is an underground parking garage, it is commonly known. This site, a portion of this site, is above the surface of the garage, but it is leased and not owned by Children's Hospital. The piece that was leased was left out of the legal description of the zoning bill. So we are going to suggest an amendment to the bill to pick up that piece of land. I have, if the Council adopts those 46 RESOLUTION 970608 amendments, we have copies to give to the Clerk's Office. It just adds an additional parcel of land.
So the record is clear, for clarity, Map B, does that include the proposed amendment?
It wouldn't be necessary. All we want to do is replace the maps, and I have both of them here.
Thank you. Excuse me. Does anyone from the panel want to see prior Map B, to compare it to the existing map?
Would you verbally, for the record, explain the change. That should be sufficient for the panel.
Certainly. If you look, the Map B that accompanies the Ordinance has, 47 RESOLUTION 970608 along Civic Center Boulevard, right at the corner of Osler Circle, a parcel of ground that is L-shaped to be rezoned to Class C-3 Commercial, the lot indication of C-3. The proposed amendment would square that parcel off and make it a rectangle, 240 feet by 255 feet. That little piece of the L that makes it a rectangle is a portion of land that's leased and not owned. It is part of the underlying parking garage. But the building and the grounds of the building are on that parcel of land to make it a consistent zoning classification for the entire parcel that we are suggesting be amended.
I just want to ask a couple of questions. Does this IDD, the Industrial Development District, change at all from what exists now as a result of this zoning, or does that remain identical?
No. That's 48 RESOLUTION 970608 identical. There's no change. That's the University of Pennsylvania's Institutional Development District which you have now. That does not change. The only thing that is changing is the portion of ground that's controlled by Children's Hospital, and that's what's being rezoned here.
Second, is there any relationship at all between the proposed rezoning and the problems I have read involving vendors at the University of Pennsylvania?
Vendors. Does this have any bearing whatever? Does it remotely influence that situation?
Let me introduce myself. My name is Paul Deegan, and I represent Philadelphia Industrial Development Corporation. And, no, Councilman, the rezoning is really done because the --
Could that question be answered yes or no? 49 RESOLUTION 970608
I don't need an explanation. I just wanted to know whether I am going to have concern or not. The answer is no, I don't have any concern --
Thank you, Councilman. Mr. Lombardi, are you finished with your testimony?
I would just like to add that the properties being rezoned are part of the old PGH site, which has been developed into the Philadelphia Center for Health Care Sciences. And approximately 350 developers of the former hospital site, by a consortium of institutions, which include Children's Hospital, first requested the bill, University of Pennsylvania, and the Children's Seashore House, which developed their site. And they did come to City Council, and they had to rezone to C-3. 50 RESOLUTION 970608 The other portions of the property have been developed, basically, through zoning variances. And this, basically, retroactively rezones the property to what is actually there. It is not to create new development. The new zoning has been developed through discussions with Children's Hospital, City Planning Commission, and PIDC. And it generally agrees C-3 was the most appropriate classification for the properties. As Mr. Lombardi said, there is a portion of the property, the northernmost portion, towards Spruce Street on the map, is the site of the original Children's Hospital building when Children's Hospital relocated here, I think, in the '60s. The land underneath the building is still owned by the city. CHOP owns the building, the city owns the land. And there was a bill introduced to authorize the city to sell this property to Children's Hospital. And that bill, I think, is going to 51 RESOLUTION 970608 have a public hearing on December 2 before the Committee on Public Property and Public Works. So, basically, it will extinguish, I think it is, a 70-, 75-year lease between the city and CHOP, and give CHOP fee simple ownership based on appraisals of fair market value. So this, as I said, as Mr. Lombardi said, is -- basically recognizes what's there, and it kind of cleans up the zoning of the site, which hadn't been touched since the General Hospital was closed, I think, in 1975, '76. Thank you.
Thank you very much for your testimony. Are there any questions for Mr. Deegan? Hearing none. Is there anyone else in the room to testify on this bill? Seeing none. That will conclude the business of the Rules Committee Public Hearing. (Public Hearing adjourned.) - - - 52 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING of the COMMITTEE ON RULES - - - Thursday, November 13, 1997 - - - Public Meeting conducted by the Committee on Rules, held in Room 400, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILLS 960707, 970608 - - - PRESENT: COUNCILMAN JAMES F. KENNEY, Vice-Chair COUNCILMAN DAVID COHEN COUNCILWOMAN AUGUSTA A. CLARK COUNCILMAN W. THACHER LONGSTRETH COUNCILWOMAN ANNA C. VERNA COUNCILMAN RICHARD T. MARIANO - - - 53 PUBLIC MEETING CHAIRMAN KENNEY: We will now convene a Public Meeting of the Rules Committee. The Chair recognizes Councilman Cohen for a motion to approve Bill No. 960707 with a Rules suspension requested.
Properly moved and seconded. All in favor let it be known by saying aye. Bill No. 960707 will be reported out of this committee with a favorable recommendation and a request be made for a Rules suspension to allow first reading at our next Council session. The Chair recognizes Councilwoman Clark for a motion to approve the amendment to Bill 19 No. 970608.
Move and seconded. All in favor let it be known by saying aye. 54 PUBLIC MEETING None opposed. The amendment as put forward by the Planning Commission for Bill No. 4 970608 is approved. The Chair recognizes Councilman Longstreth for a motion to approve the amended Bill 7 No. 970608 with a Rules suspension.
Moved and seconded. All in favor let it be known by saying aye. There are none opposed. Bill No. 970608, as amended, will be reported out of this Committee with a favorable recommendation and a request be made for Rules suspension that will allow for first reading at our next Council session. That concludes the business of the Rules Committee. Thank you very much for your attendance. (Public Meeting adjourned at 3:05 p.m.) - - - 55 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 Thursday, November 13, 1997, were reported fully and accurately by me, and that this is a correct transcript of same. RE: COMMITTEE ON RULES _____________________________________ DEBRA A. WHITEHEAD, RPR