COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON LICENSES AND INSPECTIONS - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, December 5, 2007, 10:47 a.m. - - - Bills 070400, 070875 - Held. Bill 070390 - To increase license fee for L&I to administer, enforce towing requirements. Bill 070556 - To prohibit certain towing upon establishment of a rotational towing system. Bill 070679 - Re single code violation notice for multiple sign violations. Bill 070870 - Requiring installation of carbon monoxide alarms in new residences. Bill 070876 - Re Sale of Spray Paint, Indelible Markers, Etching Acid. Bill 070914 - Re ethnic intimidation and institutional vandalism. (Full text of all bills contained herein.) COUNCILMEMBERS PRESENT: Daniel J. Savage, Chair Darrell L. Clarke Joan Krajewski, Co-Chair Jack Kelly Blondell Reynolds-Brown Frank Rizzo - - - V A R A L L O Incorporated Litigation Support Specialists 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 12/5/7 - L&I COMMITTEE I N D E X WITNESS BILL 070870 Otis Haigler, Jr., L&I.................... Deputy Richard Bailey..................... 12 Philadelphia Fire Department Thomas Huynh, Acting Director............. 16 Air Management Services Human Department of Public Health Brian McBride, President, IAFF Local 22 19 *Douglas Mishaw, PA Builders Association 23 BILL 070390 Otis Haigler, Jr., L&I.................... 27 BILL 070556 James Moore, Managing Director's Office... 30 *Candido Sill, Tow Truck Operator......... 43 *Jose Jural, Dirkis Autobody.............. 43 *M. Eudwenko, Abel Automotive Solutions... 60 BILL 070679 Otis Haigler, Jr., L&I.................... 64 BILL 070876 Otis Haigler, Jr., L&I.................... 67 Bob Hills................................. 77 National Council to Prevent Delinquency (*Spelling of these individuals' names not provided to stenographer.) 3 12/5/7 - L&I COMMITTEE WITNESS BILL 070914 Nick Taliaferro, Executive Director....... 86 Philadelphia Commission on Human Relations Bruce Crawley, Board Member............... 92 Technical Assistance for Emergent Contractors Business owner Paul Solomon, Jr., Member................. 92 Union Operating Engineers Anthony Fullard, Director of Construction 93 Technical Assistance Center Jonathan Buie............................. 128 Barry Morrison, Antidefamation League..... 131 Clinton Ford, Member...................... 139 African-American Heritage Coalition Arnold Foster............................. 140 Phillip Lockett........................... 146 Sultan Ashley Shah, Renaissance CDC....... 153 Paula Peebles............................. 166 *Minister Gideon Odinga Muktar............ 180 Community Activist Revolutionary Pan Africanist Lewis Thomas.............................. 183 (*Spelling of this individual's name not provided to stenographer.) 4 12/5/07 L&I Bill 070870
Good morning. The Committee on Licenses and Inspections is now in session. I would like to recognize that a quorum is present. We have councilwoman Krajewski with us, Councilman Clarke, and Councilman Rizzo. I would like to note that Bills No. 070400 and Bill No. 070875 are being held. Will the clerk please read the title of the first bill.
Bill No. 070870, an ordinance amending Title IV of the Philadelphia Code, entitled" The Philadelphia Building Construction and Occupancy Code," by amending Subcode "F" ("The Philadelphia Fire code") by adding a new subsection requiring the installation of carbon monoxide alarms 5 12/5/07 L&I Bill 070870 in all new and existing R-3 and R-4 occupancies; by making conforming amendments to Subcode "B" ("The Philadelphia Building Code"), Subcode "AB" ("The Philadelphia Existing Building Code") and Subcode "R" ("The Philadelphia Residential Code"); and by making certain technical changes, all under certain terms and conditions.
I'd like to recognize that Councilwoman Blondell Reynolds-Brown has joined us. We will now hear testimony on Bill No. 070870. Will the clerk please call the first witness.
Good day, Councilman Savage and members of the committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and 6 12/5/07 L&I Bill 070870 Inspections. Today, I'm here to provide testimony on Bill No. 070870, which, if enacted, will amend provisions of designated subcodes of the Philadelphia Building, Construction and Occupancy Code, as mentioned in the bill, to require the installation of carbon monoxide detectors in residential one- and two-family dwellings. As the department whose primary mission is to enforce codes and ordinances which safeguard the public from injury and death, we support any initiative that will save lives. The proposed ordinance, if enacted, will do just that by increasing the level of protection afforded to persons who reside in one- and two-family dwellings as well as small assisted-living arrangements, where there is an increased incidence for accidental exposure to carbon 7 12/5/07 L&I Bill 070870 monoxide poisoning due to many of the appliances that are located within this type of occupancy which uses fossil fuels in the operation of the appliances; and because of, as in many cases, there is an attached garage with an automobile that is being operated within the garage without proper ventilation. The requirement to install a carbon monoxide detector in such an occupancy is but one measure that is needed in order to minimize exposure to carbon monoxide and its effects on the human body. We also would encourage property owners to inspect and maintain their mechanical systems and appliances in accordance with manufacturers' specifications in order to ensure that they are operating properly. Part of this inspection and maintenance program should include 8 12/5/07 L&I Bill 070870 inspecting the chimney and flue to ensure that they are operable and free of obstructions when appliances are in use. In addition, property owners or their tenants should never operate motor vehicles with internal combustion engines or any other gas- powered equipment in enclosed areas without first ensuring that the area is properly ventilated, and should never, under any circumstance, use portable charcoal-cooking equipment indoors. We should further point out that when purchasing and installing a carbon monoxide detector on the premises, the property owner needs to make sure that the detector is listed by Underwriters Laboratories having been tested under UL-2034 standard for single- and multiple-station carbon monoxide alarms as well as follow the National Fire Protection Association Standard No. 720 standard for the 9 12/5/07 L&I Bill 070870 installation of carbon monoxide warning equipment in dwelling units when installing and maintaining the detectors. Finally, we would like to stress that the requirement to install a carbon monoxide detector in occupancies mentioned in this bill 10 does not relieve the owners of these occupancies from complying with other requirements of the City's construction and property maintenance codes governing other types of fire detection or suppression equipment that is required to be installed and maintained in the occupancy. Thank you for the opportunity to provide the Department's testimony on this matter, and I will be happy to answer any questions.
Thank you for your testimony. Is there any questions from members of the committee? 10 12/5/07 L&I Bill 070870 (No questions.)
As far as enforcement is, is there going to be any enforcement with L&I?
Yes. We currently do enforce provisions of our fire code now with regard to other types of fire protection equipment that's required in this type of occupancy. Right now, the requirements primarily are for existing one- and two-family dwellings; they're required to have battery-operated detectors; and for new construction, they are required to have single-station detectors that are tied into the hard-wire system for the building. Our inspectors, when they go out, primarily, we inspect tenant-occupied properties primarily for this because, again, we have access to those properties because there is a license required to rent 11 12/5/07 L&I Bill 070870 properties. For owner-occupied properties we more or less are going to have to rely on the owners to comply with the code; we generally don't go into owner-occupied properties, unless there is a condition that is affecting somebody else's property.
All right. Thank you. Thank you for your testimony. Will the clerk please identify the next witness, please.
Is there someone here from the Fire Department representing the Commissioner? FIRE DEPUTY BAILEY: Yes, good morning. Thank you. The following is testimony of Lloyd Ayers, Fire Commissioner of the Fire Department, in support of the legislation being considered by the City Council Committee on Licenses and Inspections requiring carbon monoxide 12 12/5/07 L&I Bill 070870 detection and alarm devices in homes and small assisted-living facilities throughout the City. Fire Commissioner Ayers is not able to be present here today and has asked me to read his testimony and answer any questions that Council may have. I am Richard Bailey, Deputy Chief and Chief of the Department's Fire Code Unit. Carbon monoxide is a deadly poison produced during the combustion of fossil fuels such as wood, coal, home heating oil, and natural gas. Typical locations within a home where carbon monoxide gas is produced are heaters, fireplaces, wood-burning stoves, hot-water heaters, portable kerosene heaters, and vehicles idling in closed garages. If the heating devices are not properly maintained and the fumes are not properly vented to the outside, 13 12/5/07 L&I Bill 070870 carbon monoxide can leak into spread throughout a home. Over the years, people have died as a result of carbon monoxide exposure. The vast majority of these deaths have occurred in homes. Carbon monoxide -- unfortunately, carbon monoxide is undetectable by human senses as it is colorless, odorless, and tasteless. Exposure to carbon monoxide does produce symptoms such as headache, shortness of breath, nausea, and dizziness, but these symptoms are common to other less dangerous illnesses and can mask the seriousness of the situation with deadly consequences. Because of the deadliness of carbon monoxide, I, Lloyd Ayers, support this legislation before the Committee of Licenses and Inspections requiring carbon monoxide detection alarm devices. 14 12/5/07 L&I Bill 070870 Most of the people who die or become ill from exposure to carbon monoxide live in homes, and I believe that it's appropriate for the committee to propose legislation requiring the devices in homes and in small assisted-living facilities because the residents of these facilities live in family-type settings. Thank you for the opportunity to speak before the committee.
Thank you for your testimony. Are there any questions from members of the committee? (No questions.)
No 20 questions from members of the committee. FIRE DEPUTY BAILEY: Councilman, may I add something?
Sure. FIRE DEPUTY BAILEY: Earlier 15 12/5/07 L&I Bill 070870 in the week, I sent a package of information, and I wanted to highlight one of the flyers in it, and I can make copies if they don't have it. If this legislation is passed, then we need to publicize it to the community. This was a flyer made up by New York City and published when they required the detection devices in facilities. I think it's an excellent flyer, and I think that the City should do something like that to get it out. It's easy to put in some kind of a mailing. So I suggest that that be done. Thank you.
Thank you. I agree with you. I did receive that and I agree with you. Thank you for your testimony. The next witness, please identify yourself.
Good morning, Councilman Savage and members of the 16 12/5/07 L&I Bill 070870 Committee of Licenses and Inspections. I am Thomas Huynh. I am Acting Director for Air Management Services in Human Services in the Department of Public Health. Air Management Services, AMS, is the air pollution control agency for the City of Philadelphia with the mission to protect the health and quality of life of Philadelphians for adverse effects of air pollution. AMS operates under the authority of the Philadelphia Code, the Pennsylvania Air Pollution Control Act, and the Federal Clean Air Act. One of the functions of AMS is to respond to complaints of reports to exposure to carbon monoxide, CO, in residential unit. CO is a colorless, odorless, and poisonous gas that forms when fumes (indiscernible) completely. Appliances include, but are not limited to, building heater, portable heater, fireplaces, wood-burning 17 12/5/07 L&I Bill 070870 stove, cooking appliance, hot-water heater, and clothes dryer. When the units malfunction, are not used properly, CO can result. CO quickly enter the bloodstream and reduce oxygen delivery to the body's organs and tissues. With low levels of CO associated with impairment of vision, reduced work capacity, reduced manual dexterity, cognitive impairment, and difficulty in performing complex tasks. At higher level, CO can be fatal. Bill No. 070870, if enacted, will amend provision of the (indiscernible) subcode of the Philadelphia Building Code, Construction, and Occupancy Code to require the installation of CO detector in residential, one- or two-family dwelling. AMS received 38 received complaints involving CO in 2006; and 18 12/5/07 L&I Bill 070870 so far in 2007, we received 25. AMS receives fewer complaints now than a decade ago, when the annual number of complaints reached a high of 164 in 1997. It is clear, however, that CO is a persistent problem in Philadelphia residences. (Indiscernible) I receive during the winter months when (indiscernible) appliance indoors. We believe that CO alarm installed in the residential unit within feet of every 15 (indiscernible) would serve to help alert Philadelphia resident should CO be present. And for this reason, the Department of Public Health and AMS support Bill No. 070870. Thank you for allowing me to present testimony today, and I would now answer questions.
Thank you for your testimony. Are there any questions from 19 12/5/07 L&I Bill 070870 members of the committee? (No questions.)
Seeing there's no questions from members of the committee, thank you for your testimony. And will the clerk please call the next witness.
Good morning. MR. McBRIDE: Good morning, Councilman. I am Brian McBride, President of the IAFF Local 22, representing the 2400 active firefighters and paramedics serving Philadelphia. I am also a 32-and-a-half-year fire lieutenant with the Philadelphia Fire Department. And I do have some handouts if the clerk wants to get them. One of the last calls I responded to prior to becoming 20 12/5/07 L&I Bill 070870 president of Local 22 was a medical call for a baby with symptoms of a cold. The child's mother was tired and thought she also had a cold. The child's father was not going to go to the hospital with the child and the mother because he wanted to sleep; he had a headache. If I had let him sleep, he probably would have never awakened ever again. As the EMT assigned to the company came into the apartment, the CO detector on the medical bag that we have went into full alarm. Everyone in this apartment was suffering from the effect of carbon monoxide poisoning. If this had been 3 in the morning, rather than 3 in the afternoon, we may have had the entire family die in their sleep. I want to take you back three or four years ago. The fire house on Main Street in Manayunk, Engine 12, four firefighters assigned there on 21 12/5/07 L&I Bill 070870 Thanksgiving night were almost four fatalities. In the early-morning hours, the firefighter on watch didn't feel good. He went to another firefighter to sit watch and found him asleep along with the others on the second floor. He had trouble waking them and called for help. A few days earlier a work crew damaged had damaged the flue from the heater. This almost cost the lives of these men due to the effects of carbon monoxide poisoning. Carbon monoxide is odorless and colorless and is not always evident even when there is a problem. Low levels of carbon monoxide poisoning can be confused with flu symptoms, food poisoning, and other illnesses, and have a long-term health risk if left unattended. Some of the other symptoms are shortness of breath, mild nausea, and mild headaches. 22 12/5/07 L&I Bill 070870 Moderate levels of CO exposure can cause death. Symptoms include headaches, dizziness, nausea, and lightheadedness. High levels of CO can be fatal, causing death within minutes. Local supports this bill 9 because it will save lives. 10
Thank you 11 for your testimony. I agree with you 12 that this bill will save lives, and I 13 think we all agree that it's a problem 14 not only in Philadelphia but in the 15 whole country and the whole world. 16 And thanks again for your 17 testimony. 18 MR. McBRIDE: Thank you. 19
Will the 20 clerk please read the next bill. 21 Excuse me. Is there anybody 22 else here to testify on Bill No. 23 070870? Please come forward. (Witness comes forward.)
Sorry, sir. I 23 12/5/07 L&I Bill 070870 wasn't sure of your protocol or whether there was somewhere to sign in or not.
Nah. Good morning. Just identify yourself for the record, please.
My name is Douglas Mishaw, and I am the building codes person for the Pennsylvania Builders Association. I am here to testify in opposition of the proposed bill -- not because of what the intent of the bill 15 is, but primarily, the subject of the CO2 detectors themselves. I'm a member of the International Code Council. I also worked as part of the drafting of the Pennsylvania Uniform Construction Code. And since this is an effort to exceed the Pennsylvania Uniform Construction Code, our board of directors has made a -- well, we have 10,500 members throughout 24 12/5/07 L&I Bill 070870 Pennsylvania, including the City of Philadelphia here. Our board of directors has opposed these types of bills. I've opposed it at the International Code Council, where they develop the building codes. This particular type of a CO2 detector has been proposed year after year, and every year, it gets voted down at the International Code Council. The International Code Council had an evaluation committee evaluate the CO2 detectors. That's the crux of the problem. Yes, they do save some lives. You will hear about the problems of CO, the lives that it has cost, but you don't hear about the problems with the detectors themselves. I wanted to bring along the evaluation report from the International Code Council, but I was, unfortunately, unable to get by my 25 12/5/07 L&I Bill 070870 office before I had to get here today; I've been traveling. I would urge the Council to -- would be happy to provide a copy of the evaluation of these 2 detectors. They have not been reliable. We are opposed to mandating anything in homes that would give people a false sense of security. Yes, sometimes they work, but many times they don't work, either. You have people that want to rip them out of their houses because they keep going off. Someone will take a shower. And until they're proven reliable, we would continue to be opposed to them. If they're ever proven to be reliable, I am certain that we would support the -- such a bill. That's really all that I have to say. I would be happy to answer any questions that you may have.
Okay. 12/5/07 L&I Bill 070870 Thank you for your testimony. I have to disagree with you. You know, this has been a success in Chicago, and I'd have to disagree with you on it, but I appreciate you coming out to testify on it. Thank you.
Any questions from members of the committee? (No questions.)
Thank you. Is there anybody else here to testify on Bill No. 070870? (No response.)
Seeing there's no one else here to testify on Bill No. 070870, will the clerk please read the title of the next bill.
Bill No. 070390, an ordinance amending Section 9-605 of the Philadelphia Code related to towing by increasing the fees charged for licensure of tow trucks involved 27 12/5/07 L&I - Bill 070390 in towing operation and making technical changes, all under certain terms and conditions.
We will now hear testimony on Bill No. 070390. Will the clerk please call the first witness.
We have Otis Haigler, Jr. again from the Department of Licenses and Inspections. (Witness comes forward.)
Good morning. Good day, Councilman Savage and members of the committee. I'm Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today, I'm here to provide testimony on Bill 070390, which, if enacted, will amend Section 9-605, Subsection 3, Subsection c, Subsection .5 of the Philadelphia Code to 28 12/5/07 L&I - Bill 070390 increase the license fee the Department charges the cost to administer and enforce requirements related to towing. This request is a nominal fee increase to provisions of the Code to cover our administrative costs, and the license fee that will be increased subject to the enactment of Bill No. 11 070390 has not been adjusted since 1983, approximately 25 years. Thank you for the opportunity to provide the Department's testimony on this bill, and I will be happy to answer any questions at this time.
Thank you for your testimony. Is there any questions from members of the committee? (No questions.)
Will the 29 12/5/07 L&I - Bill 070390 clerk please call the next witness. I'm sorry, is there anybody else here to testify for Bill No. 070390? (No response.)
Seeing there is nobody else to testify on Bill No. 070390, will the clerk please read the next bill.
Bill No. 070556, an ordinance amending Bill No. 040595 (approved June 15, 2005), entitled "An Ordinance amending Title 9 of the Philadelphia Code ("Regulation of Businesses, Trades and Professions"), by amending Section 9-605 ("Towing") to prohibit certain towing upon the establishment of a rotational towing system; to define the parameters of the rotational system; and to make certain technical changes; all under certain terms and conditions."
We will now hear testimony on Bill No. 070556. Will the clerk please call the first 30 12/5/07 L&I - 070556 witness.
James Moore from the Managing Director's Office. (Witness comes forward.)
Good morning, Councilman. Actually, testimony was submitted from the Managing Director that going to be a written testimony, but I'm just going to do a brief review of the director's testimony to shed a little light on the background of this amendment. Before addressing the actual process of rotational towing, I want to talk about the two types of mandatory tows that it will cover: Any vehicle impeding the flow of traffic or disabled on a limited-access highway, such as I-95 or I-76, requires a mandatory tow. In addition, any vehicle on a 31 12/5/07 L&I - 070556 local state or a local road that's impeding the flow of traffic is also part of a mandatory tow process. In May of 2004, the City code was amended to prohibit certain towing upon the establishment of a rotational towing process. The goal of this actual process was to increase motor vehicle operator safety by limiting the number of tow operators that were racing to the scene of an accident. While the City code actually identifies the concept of a rotational towing process, the actual implementation of an operational process has taken a longer time to come upon agreement for. In November of 2006, the Administration -- more specifically the Managing Director's Office -- met with the sponsor of the original bill. During the meeting, we laid out a process that allowed all tow operators to apply to the rotational lists, so 32 12/5/07 L&I - 070556 any tow operator that was licensed by the City of Philadelphia would be given the opportunity to participate in the program. That's one of the parts of this actual amendment is that we're requesting the removal of language that refers to a competitive process because this will be open to all tow operators. On June 14, 2007, the amendment was sent to City Council as you see it today. Also, in June of 2007, the regulations were submitted by the Managing Director's Office to the Department of Records for public notice. That went through a 30-day period without hearing and was approved on July 15, 2007. I also want to point out another part of the amendment that has drawn some attention, which is the italicized portions that are added to the City code or are being requested. 33 12/5/07 L&I - 070556 It actually identifies another entity in the County and City of Philadelphia that has the ability to authorize a tow, which is the State Police. In January of 2007, the State Police began the take-over of I-76 and will continue to take over I-95. And I just wanted to briefly discuss that they have their own process. So what we're doing in the amendment is just identifying that there's another process out there. Their process essentially, as we discussed with them, is when someone is disabled or impeding the flow traffic on a limited-access highway, the person who's disabled will first be asked if they have a tow service. So if they have Triple A, that person can make the tow as long as it's in a reasonable amount of time. Barring that, if they don't have a tow service or the tow service 34 12/5/07 L&I - 070556 can't respond, they've contracted with the Philadelphia Parking Authority as the contracted agency to make the tows. I just want to point out that the Managing Director's Office met with the Secretary of the Administration for the Commonwealth of Pennsylvania, the State Police, and the Philadelphia Parking Authority. At that meeting, we were trying to encourage the State Police to use the rotational towing process that we were suggesting, and they actually declined the offer. The one thing that we were able to come to agreement on is that we would establish a fee structure that was similar across two processes, but they are different processes, and I want to point out that we really didn't have any control over how they operated a towing process in their jurisdiction.
35 12/5/07 L&I - 070556 So the amendment is really to identify that there's another entity out there that can authorize a mandatory tow; it's not to validate or approve their process, but what we're really looking for today is to move forward with the operational process for rotational towing, which would go into effect upon 60 days after the passage of this amendment, and it's something that the City has been working on for a few years, and we would like to get started. That concludes the testimony.
And so this would set the process for the City's rotational towing system, correct?
Okay. Would there be any Philadelphia tow trucks involved in the state process?
The state process, as I said, is if you have a tow service and then to the Parking Authority, so I can't speak to be an expert on their process, but I don't believe it's open to -- you're either a part of the tow service or you're a part of the Parking Authority.
I can add from my knowledge that the Pennsylvania State Police have contracted exclusively with the Philadelphia Parking Authority to clear the highway in the event of a wreck on the expressway or I-95. The State Police operates similarly in -- throughout the Commonwealth. They have contracts that they let and deal with just one entity, and that's the -- that's the 37 12/5/07 L&I - 070556 way they choose to do business. But in the rest of the City -- and I'm real pleased -- that we're not going to have a competitive process. Anyone that is a licensed tow truck operator can apply to be a part of the rotational process. So I appreciate the Managing Director's Office 'cause there's a lot of young men and women that work very hard in the towing operation, and we want to make sure that it is completely inclusive of them.
Thank you. The Chair recognizes Councilwoman Blondell Reynolds-Brown.
The interest remains on this Council that: A, Philadelphians get first bite of the apple; and B, provisions, 38 12/5/07 L&I - 070556 stipulations, opportunities that ensure -- I've never seen a female tow truck driver, but who am I. But assurances that people of color and women have an opportunity as well. So unless I missed it, where is the assurance that the rotation system is in place before anything else happens?
The -- I'm not a hundred percent sure I understand the question, but let me provide an answer, and then you can tell me if I'm on the right path. We met with MBEC to discuss when there was a consideration of whether there was going to be a contracted process or an open regulated process. When we spoke to the MBEC officials, we decided that an open process allowing all tow operators to compete -- well, not to compete but to apply for the process would allow everybody who is licensed, 39 12/5/07 L&I - 070556 has met L&I, and now the Police Department is performing background checks.
All those individuals would get to apply, so it's not getting restricted.
So it's not the same as normally where we would establish benchmarks --
All right. So to the question, I'm concern about the rotation process and that being in place before anything else happens.
The rotation process would actually -- upon the 40 12/5/07 L&I - 070556 passage of this amendment, which is essentially to put the City's operational process in place, that would occur 60 days from the passage of the amendment. During that 60-day period, L&I would send out an application process to all licensed towers. They would have the ability to fill out what type of equipment they have, the number of pieces of equipment, and they would also be able to apply for one of six lists.
There's going to be six rotation lists that correspond with the six Police Divisions.
And I actually brought a copy of the regulations that were approved on July 15, 2007, that I can share with Council that spells out 41 12/5/07 L&I - 070556 all of the process.
Okay. And then what trigger is there that lets tour operators know that now that L&I has completed its step and now the opportunity exists and is in place for the rotation process? What trigger will be sent to tow operators that now this process is real?
To be honest, part of that still has to be hammered out. The application has been put in draft format. And the way it would work is, when the applications come back, the Department of Licenses and Inspections would create the six rotation lists. At that time, we would have to send notification to the towers that said we are ready to start this program and let them know, you know, make sure that everybody's clear on the regulations and what the requirements of the program are. And then we would 42 12/5/07 L&I - 070556 implement the program and let people know where they were on the list.
Yes. Even though we're going to have open with probably a large influx of towers signing up to the list, at any point during the year, you will either be able to apply to join the list or remove yourself from the list.
Okay. Thank you. Is there any more questions if members of the committee? (No questions.)
Seeing there's no questions from members of the committee, is there anybody else here to testify on Bill No. 070556?
Good morning, Chairman and members of the committee. I'm Candido Sill and I'm here on behalf of Bill No. 070556.
Chairman and members of the committee, we're here on behalf of this bill that's leaving a loophole in the whole system as far as allowing the State Police to regulate the rotation system in the City of Philadelphia. What we have in here is that there is not a compiled list for rotation for tow drivers in the City 44 12/5/07 L&I - 070556 of Philadelphia that are owned by father-and-son businesses. What this is going to occur if this bill is passed today -- we're asking for it to be tabled simply because there has not been created a rotation list. On the original bill, which was originally by Councilman Rizzo, Bill No. 040595, at that time, that bill was supposed to be compiled of a rotation list prior to this exceeding itself. Once again, we have a question: Who would establish the rotation bill? Secondly, who would define the sectors for the rotation to take place as far as these tow operators operating throughout the City of Philadelphia? What is the formula? Once again, we are allowing the City of Philadelphia to have the State to come in and regulate our city once again. 45 12/5/07 L&I - 070556 At this time what we're doing is, we're taking people that do this daily, on a daily basis, going to accidents, accommodating the customer which has been involved in an accident, to take them to their designated autobody shop of their choice. What happens is with this rotation is that now, the Parking Authority comes to the location, tows the vehicle to their lot No. 6. The customer then comes with a private tow company to get that vehicle of the lot No. 6 to their designated place of choice. Now once again, we're inconveniencing the citizens of Philadelphia once again. What I'm asking, chairman of the committee and members of the committee, is to look at this bill 23 once again. Thirdly, take your time. Do a review, spend time with these tow drivers that do this for a living in 46 12/5/07 L&I - 070556 order to make sure that their family has bread and butter on their table. Let's not let the State -- we know the State; their belly is full. Allow the opportunity for the Philadelphians that are small business in the towing business to have the same opportunity. Thank you.
Thank you. Just for the record, this bill 13 does create the rotational list, and there is no formula. And, you know, it's open to everybody. It's open to the public and it's everybody who signs up. So I just want to make that clear.
Chairman, I understand that, but clearly, right now, there is not a rotation list out there right now in order for this to -- from what I'm hearing from what the Managing Director from L&I is 47 12/5/07 L&I - 070556 saying, this would take place if this bill is passed, and then the list is going to be composed after 60 days. Meanwhile, the State Police is out there utilizing a different entity and not giving the opportunity for Philadelphians that are small-business tow owners the opportunity to at least deal with this at this point until this is rectified.
For the record, the City, the County of Philadelphia, does not have jurisdiction over state roads. And once again, this bill creates the rotation list.
I understand that, chairman. The point is, we're inconveniencing the Philadelphians again. It's double hitting the consumer of Philadelphia. Once they're towed, they're towed to a different entity, then the 48 12/5/07 L&I - 070556 Philadelphian has to go to another entity. We need to stand our ground and make sure that the opportunity of the rotation of the City of Philadelphia is implemented and it is understood and it's carried out thoroughly.
Yes. After 60 days, then the rotation process would be in order? In other words, they would start using the rotation process?
On the City streets. (Indiscernible; parties talking over each other.)
So what you're speaking about is within the 60 days that this would preclude anyone from Philadelphia to -- tow truck 49 12/5/07 L&I - 070556 operators anyway in Philadelphia to be a part of the program; is that what you're saying?
In other words, after 60 days, anyone who signed up would be eligible to participate in this towing program.
Exactly. But meanwhile, everybody is out of the process at the time.
I'd just like to say that the only concern we have is that this bill actually authorizes the 50 12/5/07 L&I - 070556 State Police to use anyone appointed by them; you know, that's our biggest concern right there, because they already have someone that they're dealing with, the Parking Authority, which is not done on a fair process, you know. Throughout whole State of Pennsylvania, they use private tow companies to service the expressways, but in Philadelphia, they want to use the Parking Authority, which they're using the Parking Authority. That's basically our biggest concern, the language that's written on this bill.
James Moore has -- could you clarify some of their questions, please. (Witness comes forward.)
James Moore, Managing Director's Office. 51 12/5/07 L&I - 070556 I think in the amendment, there's really the issue is a issue of jurisdiction. There's two separate processes: There's the State Police process and then there's the City trying to start its rotational towing process. The amendment in no way or any shape is an endorsement of the State Police process; it's just to recognize that there is another authority within the City, operating in the City of Philadelphia and the County of Philadelphia on I-95 and I-76 that's chosen to use their process. In the testimony, I stated that we met with the Secretary of the Administration for the State and the State Police to offer our process. They declined. It's still on the table are for them to use, but we don't want that to impede our ability to start our process where we have jurisdiction. 52 12/5/07 L&I - 070556
Thank you. The Chair recognizes Blondell Reynolds-Brown.
Thank you. Thank you for the clarification. So what's important for us -- it's important that the testifiers there hear the distinction: We have no control, no say, no two cents in the dime of what the State does on state highways; that's just the way it is. We have our opinion, and the City has offered their opinion, and the State declined it. This amendment affects only those roads that are not State -- where there's not State oversight, where they're not State roads, correct, Councilman Frank Rizzo?
So we hear clearly the inequity that exists with the State selecting one 53 12/5/07 L&I - 070556 contractor, but at the end of the day, that's just the way it is; we have no 4 say over that. Our effort today, this amendment, what the Managing Director's Office representative has indicated is that we hear your concern around rotation for Philadelphia supervised streets, and your concern will be addressed on a rotation basis for Philadelphia-managed streets. For everything else, we have no say. Is that helpful to you?
It is. Is there any way they could erase that from the State Police?
I'd like to tell you, when I learned of the fact that the State Police and the 54 12/5/07 L&I - 070556 Commonwealth contracted with the Parking Authority, I suggested that your State reps and the State senators go to the State Police and also to the Commonwealth to see if that barrier can be broken where there might be, at that level, at the State rep's level and the State senator's level, that they maybe work with the State Police or lobby the State Police to consider a rotational program. That's the best we can do here. We understand your concern, but the State Police is the State Police, the Commonwealth of Pennsylvania is the Commonwealth of Pennsylvania, and they have decided that they want one vendor, and that is the Parking Authority. But my suggestion, which I understand to have those State reps and State senators talk to Commissioner Miller talk, to the Secretary of Administration to see if 55 12/5/07 L&I - 070556 they would consider having some additional subcontractors available to do the tows on I-95 and the Schuylkill Expressway. And my colleague Councilwoman Blondell Reynolds-Brown was very articulate the way she described the situation; am I correct, Mr. Moore?
Back to my question: Is there any way that we can erase that State Police language from the amendment?
I think the reason why I'm a little cautious to erase the language from the amendment is that it's not a validation of their process. The reason that we chose to add that language to the City Code is to recognize that we are not the only entity that has the ability to 56 12/5/07 L&I - 070556 authorize the tow, so it's really to make notice that there is the State Police, and the State Police have their own process and they can authorize tows.
But if you're just concerned about the City establishing a rotation, why do you have to recognize that the State is -- you know, if -- you're contradicting yourself when you're saying the State highways are...
The State owns and operate it but if it's in order to get the rotation done in the City of Philadelphia, why do we have to --
We have no problem with the rotation. You know, we spoke before. We're all for setting up a rotation in the City. The only thing we're concerned about is the State, authorizing the State to select someone.
All right. I have 57 12/5/07 L&I - 070556 to stand with my original position, which I -- I agree and I hear what you're saying with regard to the process the State of Pennsylvania, but really, from the Administration point of view, we just want to make sure that it's identified that there's another authority that has the ability to authorize a tow.
Madam Chairman [sic], I think clearly, in the City of Philadelphia, we want to make decisions for the Philadelphia of Philadelphia, and I think we should stick by our guns and say, We're going to do this legislation with this amendment due to how the city sees fit. But when we're looking outside a window and using a different entity in order to cover up for what we are about to do, I think that is wrong. I think that is wrong if we're getting to write that amendment. I think we need to X out that the State Police 58 12/5/07 L&I - 070556 has the capacity. Let's get away from our private tow companies not dealing with the highways. But are they going to come in here and also contradict -- it's going to give them the power as well to make decisions on our regular City streets, and I think we need that amendment to be stricken from the -- and that to be tabled to another time because it needs to be revised. We're telling the State Police to take over -- I'm going to go on? Fourth and Lehigh, and my car is broken down on Fourth and Lehigh, Lehigh being the State highway, and I'm broke in the middle of Fourth and Lehigh on the 2700 block, and the State Police is going to tell me that I have to use the Parking Authority when I'm on a City street? I think we need to revise that amendment. (Applause.)
This only 59 12/5/07 L&I - 070556 applies to interstate highways. And this bill, for the record, you know, it allows the City to establish a rotational towing list. And, once again, the State supersedes the City of Philadelphia.
But there's certain streets that are considered State highways in the City.
Yeah, but not the interstates. (Indiscernible; parties talking over each other.)
I think we need to be careful with that ending language which says to give the State Police our power for rotation in the City of Philadelphia.
I appreciate your comments and thank you for coming out here this morning. Is there anybody here to testify in addition to the witnesses we just heard on Bill No. 070556? 60 12/5/07 L&I - 070556 (No response.)
Good morning. Please identify yourself for the record.
Good morning. My name is Michael Eudwenko, Abel Automotive Solutions, and I'd like to address the rotation system. I personally have been towing for about 27 years, and I am in favor of a towing rotation system. Rotation towing lists are a simple, practical means of procuring emergency-response towing for law enforcement agencies. First and foremost, you need a statute providing local and state law enforcement agencies with clear authority to use the rotation lists. Next, there would be a clear, concise set of written rules and regulations, a well written rotation policy that eliminates many questions and problems 61 12/5/07 L&I - 070556 regarding the administration of the towing list. In a perfect world, favoritism and nepotism would be prohibited strictly, and prohibition strictly enforced. Upon submission of evidence that favoritism has been shown from one towing company or another, offenders would be subject to severe sanctions for violating the rules. Wreck-chasing, call-jumping would be expressly prohibited. Wreck- chasing is just plain cheating on a rotation system. One of the most important aspects of an ideal towing program would be accurate recordkeeping on the part of the police agency and free access to the information by the towing list participants. Suspicion underlies many towing list disputes. Records would be open and readily available upon reasonable notice to any towing company with a 62 12/5/07 L&I - 070556 question about the administration of the rotation list. Rates would be based on a commercial non-emergency rates. Also, in a perfect system, some type of arbitration or a mediation process when things go wrong. A rotation list participant faced with suspension or expulsion should be entitled to at least the opportunity to respond to the complaint before being removed from the list. Thank you. And if you have any questions, I'd be free to answer.
Thank you for your testimony. Is there anybody on the committee that would like to ask some questions? Any questions from the committee? (No questions.)
Seeing there's no questions from the 63 12/5/07 L&I - 070556 committee, I thank you for taking your time to come in and thank you for your testimony. Is there anybody else here who wishes to testify on Bill No. 070556? (No response.)
Seeing nobody to testify on Bill No. 070556, will the clerk please read the next bill.
Bill No. 070679, an ordinance amending Chapter 10-1200 of the Philadelphia Code, entitled "Posting of Signs," by authorizing officials to issue a single code violation notice for multiple sign violations by the same person in certain circumstances, and making certain technical changes, all under certain terms and conditions. (Witness comes forward.)
We will now hear testimony on Bill No. 070679. Otis, you're back again. 64 12/5/07 L&I Bill 070679
Yes. Good day, Councilman Savage and members of the committee. I am Otis Haigler, Jr. Director of Legislative Affairs for the Department of Licenses and Inspections. Today, I am here to provide testimony on Bill No. 070679, which, if enacted, will amend provisions of the Philadelphia Code related to posting of signs in the right-of-way for the purposes of consolidating the total number of violations into one code violation notice (CVN) or ticket that is issued by the Department. The Department of Licenses and Inspections supports this amendment, as it will streamline the process of citing violations for placing signs on utility poles, trees, or other structures in the public right-of-way. 65 12/5/07 L&I Bill 070679 Also, the bill clarifies that the $75 ticket that is issued pertains to each time that it's in violation of this chapter of the Code. Notwithstanding our support of the intent of the bill, we, however, would like to offer a friendly amendment which we feel will further aid our inspectors with citing violations of the sign prohibition. In the new Subsection b of Section 10-1203, second line, we would like to request that the words "zip code" be replaced with the words "numerical block," as this will make it easier for the inspector to cite the precise location on the ticket of where the prohibited signs are located and, we believe, will assist in processing the tickets. Thank you for the opportunity to provide the Department's testimony. I'll be happy to answer any questions at this time. 66 12/5/07 L&I Bill 070679 I did give a copy of the amendment, I did submit it up.
Yes. We have a copy. Are there any questions from members of the committee? (No questions.)
Is there anyone else here to testify for the amendment? (No response.)
Thank you very much. The clerk will please read the title of the next bill.
Bill No. 070876, an ordinance amending Section 9-618 of the Philadelphia Code, entitled "Sale of Spray Paint Containers, Indelible Markers, and Etching Acid," by requiring proof of lawful age prior to 67 12/5/07 L&I Bill 070876 any purchase of spray paint or indelible marker, by requiring sellers to make a record of such age prior to any sale, and by requiring appropriate programming of electronic equipment to ensure compliance, all under certain terms and conditions.
Thank you. I need not ask for you to state your name for the record, please.
If you will just give me one second so I can find my testimony on that particular bill.
Take your time. Good day, Councilman Savage and members of the committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today, I'm here to provide testimony on Bill No. 070876 which, if 68 12/5/07 L&I Bill 070876 enacted, will amend Section 9-617 of the Philadelphia Code to require that establishments that sell spray paint or indelible markers reprogram their scanning devices in order to verify the age of persons making such purchases. We are in general agreement with the intent of this bill and support its passage in the interests of battling the effects of blight caused by the use of these items in neighborhood throughout the City. Currently, the Department enforces the requirements of Section 17 9-618 to ensure that spray paint is locked away and cannot be readily purchased by anyone within a retail in the City. Through education and enforcement, we have been successful in achieving compliance within the City limits. Problems, however, still exist with the purchase of the prohibited 69 12/5/07 L&I Bill 070876 items since they can still be purchased by minors outside of the City limits or over the Internet, for which we have no control. In addition to the changes made by this amendment to require the programming of the scanning device to register the age of the person making the purchase, we would also recommend increasing fine amounts for establishments found to be in violation from the current maximum of $300 to a Class 3 offense, which eventually will raise the fines for violations in specific increments to a maximum fine of $2,000 by the year 2009. Finally, I would -- I want to advise Council that the provision in the bill that prohibits the issuance of licenses for establishments until they have provided verification that the scanning devices have been programmed in accordance with the bill 70 12/5/07 L&I Bill 070876 cannot be implemented for license renewals until December of 2008 for the year 2009 since the current license renewals for the year 2008 have already been sent due to a December 31st expiration date for the license. That's a technical issue. Bill No. 070679 also gives the Department authority to accept any alternative method other than the programming of the scanning device to determine age verification, and we will take the necessary steps, once the bill is enacted, to craft regulations to define specifically the alternative devices that we will accept to comply with the bill. Thank you for the opportunity to provide the Department's testimony on this bill, and I will be happy to answer any questions. Thank you.
Thank you for your testimony. 71 12/5/07 L&I Bill 070876 The Chair recognizes Councilman Clarke.
Just briefly, first I would like to commend the passage of prior legislation by this Council. I believe Councilman DiCicco may have been the prime sponsor that required the placement and the securing of spray paint, 'cause, as we know, one of the ways of obtaining that in prior years was, kids were essentially going in stores and stealing it.
And taking it out. And we have seen a recent rise in graffiti across the City of Philadelphia, and it may be a national trend, but we're primarily responsible for the City of Philadelphia. 72 12/5/07 L&I Bill 070876 In talking to Mr. Conway, who's responsible for the department that deals with the graffiti, he's acknowledged and indicated through the budget cuts their limitations on their ability to, one, remove the graffiti on a timely basis; but two, to enforce it the way it was in prior years because they no longer have a police unit detail to graffiti and they no 12 longer have the level of staffing in his department that deals with graffiti removal. And so we thought that we would try another process, another program. We have talked to people involved in this issue. We actually have someone here from out of state to testify on this about some of the programs that they have been implementing in other cities. With respects to the licensing issue, you told me earlier that you have already issued licenses for this 73 12/5/07 L&I Bill 070876 fiscal year -- or this calendar year, but this legislation will essentially set an effective date, and then any new license that come in either at determination of the existing license or any new license in general we will hope would be subject to this provision, and we're setting the effective date to get people the opportunity to come in on their own to apply to get one of these scanning devices that will enable them to verify the age of individuals who are purchasing spray paint. Will people decide to go outside the City of Philadelphia to purchase spray paint? Probably so. But we can't take the position that because people will figure out a better way to beat a mouse trap, we still shouldn't put a mouse trap in place, so at the end of the day, we're going to put as many impediments for these individuals who are getting this 74 12/5/07 L&I Bill 070876 spray paint and debasing the City of Philadelphia. So I want to thank you all for your testimony. We look forward to your recommendations on enforcement on this particular matter.
Yes. Thank you. And we will be working with your office to -- again, we're going to crafting regulations that will stipulate how we will enforce this provision once it's enacted into law.
Thank you. Thank you, Mr. Haigler. Thank you, Mr. Chairman.
Thank you. Do you have a cost as to how much it would to put these scanners in place?
I don't know the cost of the scanner. The bill itself does not require -- I want to stress that the bill itself does not require that a place or establishment that 75 12/5/07 L&I Bill 070876 already does not have a scanner has to provide or get one; that's not in the bill. The bill only states that if you have a scanner, that scanner has to be reprogrammed in order so that the clerk would be able to enter in the information related to the age of the individual to determine what the able is. So there is no requirement in the bill itself to actually say that you have to go out and purchase a scanner. But it does state in the bill 16 the Department, in lieu of having a scanning device, the Department would be looking to accept an alternative method for scanning and determining the age of the individuals that are making that purchase. So in our reading of that section, we would have to look at regulations that we're going to promulgate to indicate that if you 76 12/5/07 L&I Bill 070876 don't have a scanner that you may have to go out and purchase some other device, maybe some sort of a card-reading device to read a driver's license card or some other identification -- government-issued identification that we would be able to determine the age of the individual.
Okay. Thank you. Is there any questions from members of the committee? (No questions.)
Is there anybody else here to testify on Bill 21 No. 070876?
I think we have Mary Tracy from SCRUB. (Ms. Tracy not present.)
All right. 77 12/5/07 L&I Bill 070876 Mr. Hills from the National Council to Prevent Delinquency. (Witness comes forward.)
Good morning. Please identify yourself for the record.
Good morning. I'm Bob Hills. I head the National Council to Prevent Delinquency, and I'm the Director of the NCPD Anti-Graffiti Project, and I want to thank you for allowing us to speak this morning. The mission of our anti-graffiti project involves helping governments and community groups in comprehensive anti-graffiti planning and execution. We bring to that task a large database of community anti-graffiti programs and ordinances, a network of government staff members involved in different aspects of graffiti reduction, and considerable experience in providing research, 78 12/5/07 L&I Bill 070876 information, and coordination services to local governments. We've worked with a number of local jurisdictions, including: San Diego, Miami, Boston, Minneapolis, Omaha, Albuquerque, Suffolk County, New York, and Milwaukee. We're currently working with New York City and with Providence, Rhode Island. The subject of this bill, retail restrictions on the sale of potential graffiti instruments, is one with which we have considerable experience through our responsible retailing program. Based on the International Municipal Lawyers Association Model Anti-graffiti Ordinance, this is a compliance education program for retailers in cities that have chosen both a ban on sale to minors and prudent product- display standards. The goal is to prevent illegal purchase or theft of products used by vandals. 79 12/5/07 L&I Bill 070876 A number of the jurisdictions I mentioned, I have both the (indiscernible) type ordinance and a custom type version of our program. Now, with one exception, the bill before the committee today mandates practices similar to those that we recommend to retailers in cities where we work. " whenever an age-restricted product bar code crosses the scanner. And second, for non-electronic checkout, ensure through training, signage, and oversight that checkout personnel comply with a ban on sale to minors. Now, our only concern with the bill, as introduced, is the language requiring the recording of customer personal information at the time an age-restricted product is purchased. D. and entry of a birth date into the checkout computer. We believe that this requirement, in effect, creates a new crime, which is a failure to keep proper records, the policing of which would take valuable time from enforcement and prosecution activities of far greater value in the anti-graffiti effort. Our further concern is that the volume of required recordkeeping would be an estimated 615,000 transactions a year; that's about 1700 a day for spray paint alone. We think that would be unnecessarily disruptive to both the store and to the legitimate customers. As customer registration is quite rare, we have no data on sales impact. However, if a spray paint or marker customer has the choice between 81 12/5/07 L&I Bill 070876 a city or a suburban store, and the city requires that the customer wait for a cabinet to be unlocked to select the product and then wait again at checkout while the clerk records their personal information to be made available to the government, the customer might choose to take that purchase to the suburbs. In the case of spray paint, a customer's total purchase averages about $49 a visit. If only one in ten chooses a suburban store, the losses would be considerable; we estimate about 3 million in sales and about 17 retail jobs per year. Should the committee wish to consider removing the customer registration requirement, I have included a copy of the introduced bill 22 with the necessary deletions bracketed. Now, I'd like to say here, both in defense of the drafters and in 82 12/5/07 L&I Bill 070876 praise of the hearing system, that there was no way for people putting this bill together to have that data. That sales information is -- we have access to market research that is proprietary.
And so that's -- as I say, I -- we like this bill, and I'm not being critical of the drafting of the bill; I'm just saying we had data you didn't, and I guess that's what hearings are for. In closing, I'd like to say that we like a lot of what you do in Philadelphia in regard to graffiti vandalism. We deal regularly with the Managing Director's Office, with Tom Conway primarily, and Philadelphia's at the top of our list of best practices when it comes to abatement programs. Should you wish to strengthen your retailer program by passing this legislation, which we would certainly 83 12/5/07 L&I Bill 070876 promote, we'd be happy to talk with you about the retailer education that should follow on with this. And just one final note: When this goes into effect, I think that the code enforcement is the critical final step in teaching compliance with a law like this. We have just finished a program in Minneapolis, where we put out compliance materials. We had a lot of newspaper coverage, we had letters from the city on two occasions that went to retailers. And at the conclusion of that, this was a -- an emblem model program, ban on sale to minors and prudent display standards. At the end of that, we did a sting of 53 stores, I believe; the sting being, you send in an underage purchaser to check it out. The compliance with that operation, after all of that front end, was only about 76 percent. 84 12/5/07 L&I Bill 070876 Now, at the conclusion of the attempted buy, a ticket was written for $250 to the store for that violation. Shortly thereafter, there was a follow-up of the stores in violation. The number went from, I believe, to 2 in violation; and 9 when the second round of tickets were 10 written and followed up, it went to 11 zero. 12 And so it's important what 13 happens in rooms like this, and it's 14 important what goes into books, but I 15 think that compliance at the launch, 16 that education takes place in the 17 store. 18 Thank you. 19
Thank you 20 for your testimony. 21 Are there any questions from 22 members of the committee? 23 (No questions.) 24
Seeing no 25 questions from members of the 85 12/5/07 L&I Bill 070944 committee, thank you for your testimony.
Is there anybody else here to testify on Bill 7 No. 070876? (No response.)
Seeing there's no one here to testify on Bill 11 No. 070876, will the clerk please read the next bill.
Bill No. 070914, an ordinance amending Chapter 10-200 of the Philadelphia Code, entitled "Ethnic Intimidation and Institutional Vandalism," by adding a section 18 prohibiting the display of symbols of racial animus under certain terms and conditions.
We will now hear testimony on Bill No. 070914. Will the clerk please call the first panel.
Is there someone 86 12/5/07 L&I Bill 070944 here from the Administration to testify? (Witness comes forward.)
My name is Nick Taliaferro. I'm Executive Director of the Philadelphia Commission on Human Relations. And in that capacity, I'm here to stand in support of this particular bill 17 introduced by Councilman Clarke. And you have my testimony written before you. I won't beg the indulgence of your time by reading it all to you again, but I would like to highlight just a couple of things and offer myself to any questions if they would be forthcoming. Currently, the City Code does 87 12/5/07 L&I Bill 070944 not address, we believe, adequately the nature, the significant nature, of the psychological terror imposed by the usage of hate symbols as it stands currently. It simply focuses primarily on the criminal action that can be measured, which is typically physical -- the damage done, the defacement, the physical damage that may be done to someone. But it doesn't address the potential of the hate symbol itself to have existential power beyond the act. Let me clarify, if I could be so -- if I could take just a moment to do so. Hate symbols tend to unite people to the extent that an insignificant act how, like defacing a piece of property, becomes, shall we say, exaggerated when a hate symbol is introduced. People who may not have anything to do with one act will link themselves to the act because of the symbol, falling under the banner of 88 12/5/07 L&I Bill 070944 the symbol. The crime goes exponentially. Whereas, two kids might have done something when they introduced the symbol, hundreds, perhaps even thousands of others, who may have nothing to do with the locale, will link themselves to the criminal enterprise or to the criminal activity, and thereby expand the power of the crime. Secondly, hate symbols tend to evoke longstanding and historical emotional, traumatic memories that, once awakened, bring on a level of trauma and activity in the community that can be negative of themselves. The introduction, for example, of a noose, which some people might regard as the simple tying of a rope, reawakens in the heart of individuals who may have suffered through the tragedy of lynching, memories that have been long buried; but once 89 12/5/07 L&I Bill 070944 revived, now have to be dealt with again, in a public setting. And last, but not least, I would share that hate symbols are acts of terrorism. And I know that that's a loaded word, but let me say "psychological terrorism: A hate symbol introduced into a crime elevates that crime beyond a simple defacement of property or the simple actions of a convoluted and twisted mind to something that connects it to other acts that may have occurred in other places at other times by other people. Because of that, that one simple act then takes on a menacing power that is not inherent in the act; it is inherent in the symbol. So if a child scrawls a swastika on a synagogues, suddenly that one simple act of defacement now takes on the power, the potential power, of the ravages under Hitler's 90 12/5/07 L&I Bill 070944 Third Reich; and as such, it increases the potential impact of one simple act of crime. The code, as it stands, does not allow us to take into consideration the exacerbating power of the use of hate symbols. Therefore, the Commission on Human Relations stands with the Councilman in supporting this bill, hoping that it will be recommended to the full body, and that it might be passed forthwith so that we might so. We would offer one caveat, we would one admonishment, and that is this: That the imposition of punishment, while helpful in deterring, may not be sufficient, and the Commission on Human Relations offers itself as an educational arm, an intervention arm that might assist in helping people to see beyond their prejudices, beyond their bigotry so that the punishment in and of itself 91 12/5/07 L&I Bill 070944 will not be the only thing that will be delivered but that we might also be able to assist them in growing beyond those things that would lead them to such twisted acts.
That being said, I recommend our testimony to you and open myself to any questions that might be forthcoming from this panel.
Thank you for your testimony. Are there any questions from members of the committee? (No questions.)
Seeing that there are no questions from members of the committee, thanks again for your testimony.
We have a series of witnesses to testify on this bill, and we have 'em separated into five panels. Will the clerk please 92 12/5/07 L&I Bill 070944 read the first panel of witnesses.
On Panel 1, we have Paul Solomon, Anthony Ford, Harry Brown, and Jonathan Buie. If any of people are here, would you please come forward. As well as Bruce Crawley if he's here. (Witnesses come forward.)
I'm Bruce Crawley. And I'm a member of the Board of the Technical Assistance for Emergent Contractors and a business owner in the City of Philadelphia.
My name is Paul Solomon, Jr. I'm a member of the International Union Operating Engineers.
My name is 93 12/5/07 L&I Bill 070944 Anthony Fullard. I am the Director of Construction for the Technical Assistance Center.
I'll start. I just want to say I want to lead the dialogue this morning by saying that we are all extremely encouraged that City Council is addressing finally, through this meeting, the whole issue of symbols of blatant and overt racism and racial and ethnic harassment in the workforce, and we're focusing today on the construction workforce, but this is something that transcends the construction industry, and we would hope that you understand that as this is disseminated and hopefully as it is approved and put into place, that it has implications for banks and it has implications for insurance companies and all others kinds of businesses in this city. 94 12/5/07 L&I Bill 070944 I just saw recently there was a noose incident that took place in one of the private schools in the City of Philadelphia. So the halls of academe are not sacrosanct either in this regard. We really do need to make sure that people understand that this is not something that will be condoned. I remember hearing, when the noose was shook in the face of Paul Solomon who's sitting right here, the hoist operator who was working at the Comcast site, I remember hearing that the developer of the building, Liberty Property Trust, the construction management company, Driscoll, and even the named tenant in the building, Comcast, said immediately that they had a no-tolerance policy for any of this. And for years, they never accepted this and automatically would immediately step in and hold people accountable if such things took place 95 12/5/07 L&I Bill 070944 on one of their worksites. They said, for example, that they had taken the perpetrator off the worksite immediately, giving the impression that the person had been fired; in fact, the person who was the perpetrator, the person who made the noose and shook it in Paul's face and who said to him that he felt like hanging somebody that day, that person was simply moved to another location somewhere else in Philadelphia and is probably working as we speak. We need to be able to stop this, and we need to send a real signal, because I think that the people who issued those press releases on that day were being disingenuous. There not a perception, there is not a part of the culture, the business culture of this city that says that we don't condone in any way, shape, or form this kind of overtly racist symbolism or activity, so I'm glad 96 12/5/07 L&I Bill 070944 that City Council is doing this. I just want to make sure that we look at the totality of the symbolism and be aware that when we were out at a demonstration just two weeks ago at the Comcast location, because they had promised to have meetings -- the people in the construction industry had promised to have meetings where they would resolve this and talk about not only that but talk about inclusion of African-Americans and other minorities into their industry. When they didn't have the meetings after 40 days, there was a second demonstration, and what we were demonstrating in front of that building, we walked around 18th Street between Market and JFK, just a few blocks from here, and a truck pulled up behind us on 18th Street that was owned by some of the construction workers on that site, and they had a 97 12/5/07 L&I Bill 070944 Confederate flag on the front of that truck, and they drove that truck up for a specific reason: They intended to intimidate. And so, you know, I saw that you have three symbols specifically identified, but there are others, and I would hope that this legislation includes all of that. I want to make sure, though, that as we do this, that we take away the risk that people are intimidated about reporting these incidents. I'll give you an example again of Paul Solomon.
Paul was the one who had the great courage to step forward and say that this is happening and to remind us all that this is happening every day on construction sites around the City and in corporate offices around the City, but he stepped up when the noose was shook in face. And Paul has not been called forth from his union bench for the 98 12/5/07 L&I Bill 070944 past four or five weeks.
They have said that he is troublemaker. He's the one who had the noose shook in his face, and Paul is the troublemaker. So you see that if -- unless we have some kind of hotline, some anonymous way that people can register these complaints, you have the risk of people being concerned about their livelihood if they step forward and say, "I don't want the swastika, I don't want the noose, I don't want the Confederate flag." There's got to be a way that this information gets into the people who organize that. And, finally, to send a symbol -- because this has gone out -- you know, now that there's an internet, this has gone out all over the country that Philadelphia is one of the cities where nooses are 99 12/5/07 L&I Bill 070944 prevalent, where this kind of overt racism is prevalent. I think that we need to send a signal to remind the people in the City and to remind people in other places who may thing about locating here and doing business here that this is not an accepted part of our culture. And so if this is passed by Council, I would strongly recommend that there by some kind of a public service campaign to let people know that this is not condoned in our city, because up to now, people think that it has been. Thank you very much. And we'd be open to questions. I don't know if any other people of the panel have a comment.
Thank you for your testimony. Is there any questions from members of the committee? 100 12/5/07 L&I Bill 070944 (No questions.)
Seeing there's no questions from members of the committee, Mr. Solomon, please proceed with your testimony.
My testimony is going to be short and is going to be simple. Basically, what happened, I was at work. I was entrusted with a service to go out and service the guys on the construction site. During the course of my tour of duty on the construction site, I felt a lot of hatred on that particular job, the Comcast Center, coming from, you know, the -- the -- the white coworkers. The day of October the 1st, during my tour of duty, I went to the 45th floor, and there was a guy standing -- two guys really; one was standing there with a noose in his hand, telling me that he wanted to hang someone. 101 12/5/07 L&I Bill 070944 I immediately knew what that noose meant and I was very afraid. I was very shocked, afraid, angry that it just sent a lot of motions through me, emotions that I've never, ever really felt before. However, I kept -- I kind of kept it in a professional manner, kept it professional and continued to do my job at that point. And I notified the proper authorities, which would have been the Philadelphia Police Department, those in charge, Driscoll, the contractors, and made everybody aware of the situation about the noose. And I spoke out about it. And after that, it seems like I've been just like put on a bench. I've not worked basically since October the 1st, and I'm sitting at home, and I have my wife, and she's crying and fighting about how we're going to pay bills, how we're going to do this. Our standard of living is, 102 12/5/07 L&I Bill 070944 like, diminishing. We're arguing now -- all because I stood up and said something about this noose. (Applause.)
I've had bouts of crying about this, you know, this noose. This really hurt me to my heart, hurt my wife, my family, and um... (Witness weeps.)
Yes. Thank you, Mr. Chairman. Mr. Solomon, I just want to know, what is your occupation?
What union are you affiliated with? 103 12/5/07 L&I Bill 070944
Is this the 10 only incident that that occurred in 11 that construction site? 12
Yes, sir. There's been incidences on other jobs. I used to work here at 15th and Locust, at Locust Street Towers, and I used to see -- I used to see... (Witness continues to weep.)
I used to see signs in the bathrooms, the symbols, like circles with dots in 'em, "KKK" on top, and it had my name in there, Paul. And a bunch of other dots all 104 12/5/07 L&I Bill 070944 around, like people watching me inside of a circle, like you're surrounded by KKK members, and you're the only black out here on this job. And yes, there have been incidences. At the Comcast Center, there was something scribbled on one of the other bathroom walls, symbols, a circle, funny signs, a dot in the middle. "Paul the operator, we're watching you from inside of a well," and I immediately called the police on this incident, I reported it. Some incidences you really don't report because you don't want to be, I guess, blackballed is what you might say, not working, or just put on a bench somewhere to the side so you don't say anything; you just let it go 'cause you have to take care of your family, you got to keep working. And now that I actually spoke up about it, it's like I'm on the bench, and I'm not working. You know, 105 12/5/07 L&I Bill 070944 and I feel really bad about that.
First of all, I would like to commend you on your courage to speak up on the jobsite, to the police, to the construction company, Driscoll, and to your union. And I would to commend you for your courage to come here and testify on this. And, you know, as an elected official, you know, our job, as elected officials, is to look out for the people. And as the chair of L&I, I'm going to personally send a letter to the operating engineers, asking why you've been benched for the last four to five weeks, as you said. Is that what you said, four to five weeks?
Yes. I think I worked three days last week at the 106 12/5/07 L&I Bill 070944 Ritz, and they replaced me with somebody else. And, you know, I'm not working consistently. It's like, you know, two days here, a day here, nothing else. But I've been out -- maybe in the last 45 days, I maybe have been out -- maybe like five days I worked maybe. That's it.
And the Chair recognizes Councilwoman Blondell Reynolds-Brown.
Let me underscore the remarks made by the Chairman of this committee, that you had a strong back and a tough back and you stood up. I will co-sign that letter with him. What I need to know is: Have you received anything in writing from 107 12/5/07 L&I Bill 070944 the leadership of the Operation Engineers or Driscoll or the project site owner that -- where this incident took place? Have you received anything in writing from anyone condemning what took place?
No, ma'am. Just a lot of verbal conversation. What they told me -- my union told me -- my business agent and the higher-ups told me, when they prematurely took down the hoist, they took it down two weeks before they were supposed to on the Comcast Building, the hoist, they dismantled it, the machine that I was running. They told me, "You'll be off a week. We'll have you back there at Comcast" on an elevator, inside elevators running, to stay to work. And nothing has materialized, nothing has ever happened. It's just, you know, talk basically. From what I understand, 108 12/5/07 L&I Bill 070944 Driscoll, Ridder, a contractor by the name of Ridder, who's a female contractor, I believe, told my union representative that they didn't want me back there, that I was a troublemaker,and they didn't want me on their jobsite anymore. And that's what happened. So I haven't gotten anything in writing to answer your question. No, ma'am.
And so that we are clear, being benched equals no income.
Thank you. Any other questions from members of the committee? (No further questions.)
Thank you for your testimony. 109 12/5/07 L&I Bill 070944
Anthony Fullard. I would just like to echo some of the sentiments and the outrage that we are feeling right now because of someone that has spoke up for what his rights are. No one should be able to go into the workplace and receive this kind of treatment when all they are trying to do is feed their families. We have been working at the Technical Assistance Center, trying to educate contractors and also the workforce to prepare African-American men and women to get into an industry that they have for a long time, over a hundred percent-plus years, been shut out of. But this kind of practice has been going on for a very long time. And it's just not only relegated just to African-American people. There are 110 12/5/07 L&I Bill 070944 also white women on these jobs that go into these Porta-potties and also into these bathrooms that also experience this same type of tactics as well. So I don't want the panel to think that this is just being affected by only African-American people. Secondly is that -- but if we allow Paul Solomon to be relegated and to be unemployed because he stood up, this will send a message to everyone else that is experiencing the same issue not to speak up. Because there's no -- no one has any oversight of what happens at these hiring halls within these unions. And when people speak out against wrongdoings, then they will be blackballed, and they cannot go to work anymore. It was easy to employ Paul Solomon because as that hoist was coming down right across the street from me, at the Ritz, hoists were 111 12/5/07 L&I Bill 070944 going up on a Driscoll jobsite. Jack Donnelley, who was the owner who was actually very much involved into this whole issue, was well aware of this issue. So as they sent the other white worker somewhere else, Paul Solomon could have easily been employed right across the street from here, at the Ritz, where they have four hoist operations going up right now, as we speak. But someone arbitrarily had decided that this man will not work on any Driscoll sites, any other construction sites because they want to send a message that they do not want people to speak out when these things happen. And this goes on every single day. So this bill -- we are in total support of this bill but it has to be some kind of enforcement. It has to be something that will also monitor what goes on on these sites 112 12/5/07 L&I Bill 070944 every single day, or this practice, we will have -- people will not speak up, people will be afraid because they don't want to lose their jobs. And these are good=paying jobs. Thank you.
Thank you for your testimony. The Chair recognizes Blondell Reynolds-Brown.
Councilman Frank Rizzo just asked an important question: Is anyone here from your union? Do you have any representation here?
Yes, ma'am. Yes, ma'am. Could I say something, please to the Council? Could I address the Council? I just wanted to make some 113 12/5/07 L&I Bill 070944 clarity.
I've worked for East Coast Hoist I've. Worked for East Coast hoist for the last year and a half. And my union says it's East Coast's decision whether I work or not. My union can send me there or whatever, and then it will ultimately be under East Coast whether they want to let me work or not; they have the final say so. There's two entities: The union and East Coast Hoist, the contractor.
So then what is the role, responsibility, duty of your union in circumstances like this? Why do you pay union dues?
To send me out on another job with another contractor. Perhaps if this 114 12/5/07 L&I Bill 070944 contractor doesn't want me anymore because, you know, I didn't do what I was -- because I stepped forward, the contractor feels -- East Coast feels that they don't want me anymore working for them, so the union can send me out to another contractor possibly.
However, you indicate you've been out of work for how long?
So you have not be reassigned to another project.
Is -- I'll 115 12/5/07 L&I Bill 070944 address this to the Chair or anyone on the committee. Mr. Taliaferro is with the Human Relations Commission; can't they engage in this and get to the bottom of why this gentleman is being treated the way he is? Can't you, as a member of the Human -- the Chair, I believe, of the Human Relations Commission, can't you take this on and find out why this gentleman is being treated in this manner.
Initially, I recall when the case occurred. There are two aspects of --
That's all right. And just for the record, identify yourself. (Mr. Taliaferro returns to witness table.) 116 12/5/07 L&I Bill 070944
Nick Taliaferro, Executive Director of the Commission on Human Relations. There are two aspects of our agency that is addressing this. I just was in contact with them. We have a Community Relations Division addressing it, but they would be addressing it from the aspect of trying to see whether or not they can end the tension and perhaps resolve the issue. Our Compliance Division, however, would be the division to investigate it if a case is filed concerning job discrimination. And I asked just now and I was waiting for Mr. Solomon to leave the table to ask him if there was a filing of a case. I know there was an initial contact, but I don't know if a case was actually filed. But upon filing, we would begin an investigation to see whether 117 12/5/07 L&I Bill 070944 or not his rights have been abrogated by discrimination to determine whether or not we can see some type of redress from the employing agency.
It appears that he filed with EEOC, which would be either the federal branch or the state -- with the federal office. If he files with the federal office, then our office doesn't pursue, so we would step back. However, our Communication Relations Division might pursue, as this addresses the wider community and not simply Mr. Solomon.
Mr. Taliaferro, you said that your office will not pursue it. Is it that you can't pursue, or you take the position that, because it's in the 118 12/5/07 L&I Bill 070944 hands of the federal government, that you won't pursue?
There's a general policy that -- there are three levels where persons seek redress if they feel they've been discriminated against: The office of the EEOC, which is federal; the State Human Relations Commission; or through the municipal Human Relations Commission. There's a general policy that says that neither of these agencies will concurrently pursue a case because it tends to muddy the waters, and one case will end up waiting on the other. So they will exhaust their options at one level, and if they choose to pursue afterwards, they can do.
Can you, at a minimum, incur to the status of the case on a federal level? And the reason I say that is that sometimes 119 12/5/07 L&I Bill 070944 the broader the level of government, the more likely things may slip through the cracks or not get attention that's needed that would happen on a local level. So can the local Human Relations Commission be a part of that process; or, at a minimum, receive consistent updates on what the status of that case is so they'll know that you guys, although you're not pursuing the case in an investigatory manner, you are, in fact, very interested in the outcome?
The unfortunate circumstances of these types of cases is that the proceedings are sealed.
Right, until somehow or another, there's been a resolution or a pronouncement of an order, and then you can pursue. 120 12/5/07 L&I Bill 070944 The only way that you can obtain any records is to subpoena them. And because we don't have the case, we wouldn't have any right to pursue them. You know, there are (indiscernible) channels in everything, and I intend to pursue them, whatever they might be.
Excuse me. I'm also concerned that the front end of this process is uncovered by what the Human Relations Commission may or may not be able to do, and that is, how do we ensure that when people are experiencing the kind of things that Paul Solomon experienced that there can be an immediate contact with some agency that can bring investigatory powers, regardless of whether there's an overlap by the state or the federal. And if we're talking -- we've identified about $5 billion worth of 121 12/5/07 L&I Bill 070944 partially -- at least partially pubicly-funded construction going on in the City over the coming twelve months. You know, you got a convention center, you got -- you may have two casinos, you got the University of Pennsylvania with a billion dollars, you got Temple with $500 million, you got the School District with $1.8 billion. That's a lot of partially or totally publicly-funded construction work, and it would seem to me that somewhere in that $5 billion, there's enough money to do some kind of an extrapolation so you can do a staffing of something that would at least regulate that part of and do reporting responsibility for at least that part of the construction industry. I just don't -- I don't think that going through the Human Relations Commission -- they could come in on the back end and do what they do; but 122 12/5/07 L&I Bill 070944 on the front end, how do we give people comfort that they can go in anonymously at least on the front end so that they won't get into trouble on their job and have the investigation take place. And I think that there should be funds available through the construction process in the City and with other procurement processes that exist.
And I understand because that's probably the most visible aspect of the workplace particularly given the fact of what's going on now.
But I don't want to just limit it to the construction industry --
In all 123 12/5/07 L&I Bill 070944 industries. As I said, in other parts of the procurement operations that go on in the private sector and certainly in the public sector, you know, the City spent $5.9 billion last year.
So somewhere in that allocation, there would be some monies to ensure that it's being spent appropriately and that people aren't being disadvantaged or discriminated against or harassed during the process.
Right. Yeah, I think it's prudent, hopefully, upon the passage of the bill, once it's now all on the local level, that we put in place a program that, first of all, will make it clear to people what the policies are associated with this provision and have some sort of a public-service announcement on a consistent basis to know that people -- in fact, you have a redress. 124 12/5/07 L&I Bill 070944 If this happens to you, you know, this is where you call. And also let the employers know, if you allow this to happen at your workplace, trust me, this is what's going to happen.
So I agree, we would be extremely aggressive 'cause our intention is to, frankly speaking, not to have to implement this 'cause we would hope that we wouldn't have this type of activity in the City of Philadelphia. For this day and time for us to be dealing with something like that, frankly speaking, is quite amazing. But, unfortunately, some things never change. So after the passage of the bill, we will talk to the regulatory department in the City of Philadelphia and come up with a strategy to make sure that this is known on a wide 125 12/5/07 L&I Bill 070944 basis and come up with a very aggressive policy dealing with this.
May I -- because the gentleman's comments were sort of dovetailing with our agency and how we would approach something like this. On a regular basis, we are confronted with and introduced to charges of discrimination in every facet of human endeavor in the City. In the case of Mr. Solomon, as soon as it happened, I was made aware it, as soon as it happened. As an African-American man, there's a sense of outrage that you feel that makes you want to go out to the site and ask some particular questions. However, being bound by canons and laws that say that people have the right to be proved innocent until such time as they are adjudicated guilty, there's a process that you go through. 126 12/5/07 L&I Bill 070944 And if we're not careful, that process will go over-long, and something can happen where a person is waiting for an investigation to yield some results, and they may have nothing during that time. I'd like to try to find out -- and we can do this in consultation later -- if we might be able to, in cases of discrimination, speed up the process and provide a better level of watch dog or vigilance so that these cases do not stretch beyond certain normal parameters. And that's something that we can do later. But, unfortunately, there's a presumption of innocence until you can determine otherwise.
Are there any other questions from members of the committee? 127 12/5/07 L&I Bill 070944 (No further questions.)
Thank you for taking the time to come here. I once again commend you on your courage, Mr. Solomon.
Thank you. I would like to -- I'm sorry, but I would like to be excused but recorded as voting aye on all bills and bills amended with a favorable recommendation. Thank you.
I want to elaborate on the fact of, along with the legislation, that they make stiffer penalties as far as the time served, the fines given, because escalating with this little or low tolerance, people get pushed to the level. That's a older fellow; I can't speak for him. But the younger fellows that have three or four kids have to take care of their families is not going to sit around and tolerate that. What you all have is an opportunity to do something before we get to the point of people killing one another over stuff like this. (Applause.)
You all have the opportunity to put it in place and 129 12/5/07 L&I Bill 070944 make something happen. Don't let it get like Jena and get escalated to 4 another level. They we'll start 5 having problems down here if you don't 6 do anything about it. But with ten years' jail sentence, $100,000 fines and things of that, people would think twice about what they do. But at this rate, it's getting worse. You hear one noose, you hear this noose -- nothing's being done. If it comes down to some of these younger people, they're not going to wait for Congress to do something; they're going to start eliminating people. We don't want that. We coming to you all ahead of time so it don't get to that. We asking your help now to put things in place so it don't get to that. If it get to that, it will be on your conscience, not more so ours, because we came to you all in a decent amount 130 12/5/07 L&I Bill 070944 of time to say, Hey, listen, we need you to handle this. We coming to your doorstep with a problem, asking you to address it and handle it now. If death come, we all have to handle it. That's all. (Applause.)
Thank you for your testimony. Will the clerk please read the witnesses on Panel 2.
On Panel 2, we have Barry Morrison, Vivienne Crawford, Clinton Ford, and Arnold Foster. If any of you are here, please come forward. (Witnesses come forward.) UNIDENTIFIED SPEAKER: If I might address the panel, Miss Crawford is an attorney and had to leave early for a case. Her apologies.
Good afternoon. 131 12/5/07 L&I Bill 070944 I'm Barry Morrison, and I serve as the Regional Director of the Antidefamation League, and I'm here to offer our support of this legislation, this proposed legislation. As some of you may know, the Antidefamation League has aggressively led efforts to implement federal and state hate crimes legislation, and we recognize the great importance of this measure before you. The League, since 1913, has had as its mission the -- to stop the defamation of the Jewish people and to secure fair treatment for all citizens alike. Dedicated to fighting antisemitism, prejudice and bigotry of all kinds, defending democratic ideals and promoting civil rights, ADL is proud of its leadership in development of innovative materials, programs, and services that build bridges of communication, understanding, and 132 12/5/07 L&I Bill 070944 respect among diverse religious and ethnic groups. Over the past decades, the League has also been recognized as a leading resource in effective responses to criminal and violent acts of bigotry; and among other things, drafting model hate-crime statutes for state legislatures and serving as a principal resource for the FBI in developing training and outreach materials for the Hate Crimes Statistics Act. It's important to look at this issue in a broad context and to recognize that the attempt to eliminate prejudice requires that Americans develop respect and acceptance of cultural differences and begin to establish dialogue across various boundaries. Education and exposure are the cornerstones of long-term solutions to the problems of prejudice, discrimination, and 133 12/5/07 L&I Bill 070944 bigotry. Effective responses to criminal and violent acts of hate by public officials and law enforcement authorities can play an essential role in deterring and preventing hate crimes. We're especially concerned about the copycat incidents involving the hangman's noose that continue to be reported across the country. Some of you may have seen a piece about this in The New York Times the other day. With its past associations with lynchings in the South, the noose has long been used to threaten and intimidate others, particularly black Americans. White supremacists have reacted to the national attention focused on Jena 6 with racial language and a call for violent action and intimidating tactics. Sadly, we're still fighting the old demons of hatred and prejudice even among young 134 12/5/07 L&I Bill 070944 people who have no memory of the civil rights era and Jim Crow. All Americans have a stake in effective response to violent and criminal acts of bigotry. These crimes demand priority attention because of their special and wide impact. Bias crimes are designed to intimidate the victim and members of the victim's community, not just the individual person, leaving them feeling isolated, vulnerable, unprotected by the law. You heard some expression of that from the gentleman a few minutes ago. Failure to address this unique type of crime can cause an isolated incident to explode into widespread community tension. The damage done by hate crimes, therefore, cannot be measured soley in terms of physical injury or in dollars and cents. By making members of minority communities 135 12/5/07 L&I Bill 070944 fearful, angry, and suspicious of other groups, including the government that is there to represent this them, these incidents can damage the fabric of our society and fragment communities. Now some words about hate crime statutes. In partnership with human-rights groups, civic leaders, and law enforcements can advance police community relations by demonstrating a commitment to be both tough on hate-crime perpetrators and sensitive to the special needs of hate-crime victims. While bigotry can never be outlawed, hate-crimes penalty enhancement statutes -- and that's what we're talking about today -- demonstrate an important commitment to confront criminal activity motivated by prejudice.
At present, 45 states and the District of Columbia have enacted 136 12/5/07 L&I Bill 070944 hate-crimes penalty enhancement laws, many based on a ADL model that was drafted in 1981. And Pennsylvania's hate-crime statue is based on ADL's model, and it was enacted in 1983. The Antidefamation League has been actively also working to address the limitations presently inherent in federal hate-crime statutes. The most recent hate-crime statistics just issued last month by the FBI document that hate violence remains far too prevalent in America. The annual FBI report revealed that 7,722 hate crimes were reported -- and I stress here reported, because, as Mr. Crawley was suggesting, many people are intimidated and afraid to come forward and report hate crimes. So the reported crimes by more than 12,000 law enforcement agencies across the country occurred. Locally, Philadelphia reported 34 hate crimes to the FBI. We also 137 12/5/07 L&I Bill 070944 believe that is a gross understatement of what actually occurs here. Among the 50 largest American cities, Philadelphia ranks 16th in terms of reported hate crimes. The State of Pennsylvania reported a total of 97 hate crimes, of which 63 percent were based on race. And that's consistent with the federal percent roughly. The FBI's annual report provides some insight into what is occurring in our communities, and only some insight. The measure before you represents yet another measure that will send a message that intimidation through the use of hate symbols will not be tolerated. This amendment, like Pennsylvania's Ethnic Intimidation Statute is constitutional because it punishes criminal behavior and not thought and not speech. In conclusion, the fundamental 138 12/5/07 L&I Bill 070944 cause of bias-motivated violence in the United States is the persistence of racism, bigotry, and antisemitism. Unfortunately, there are no quick complete solutions to these problems. Ultimately, the impact of all bias-crimes initiatives will be measured in the response of the criminal justice system to the individual act of violence -- of hate violence. We applaud the leadership and the sponsors of this measure, and we urge this committee to approve this important legislation as soon as possible. Thank you.
Thank you for your testimony. Is there any questions from members of the committee? (No questions.)
Seeing there's no questions from members of 139 12/5/07 L&I Bill 070944 the committee, could the next witness please identify yourself for the record?
My name is Clinton Ford. I'm a member of the African-American Heritage Coalition, and I'm here to speak on the noose ordinance. If the noose is not going to be a hate crime, then I don't think there is any hate crimes, because in my 74 years on this earth, I have witnessed a whole lot of hates, noose incidents. And my purpose here today is just to make sure that this legislation is passed and that the noose be made a hate crime, because if it cannot be a hate crime, then there is no hate crime, and there shouldn't be any hat crime that I should be held accountable for if a noose is not going to be a hate crime. And that is all I have to say. 140 12/5/07 L&I Bill 070944
Thank you for your testimony. Any questions from members of the committee? (No questions.)
Seeing no 8 questions, could the next witness please identify themselves.
Yeah. I'm going to have to kind of adjust what I have to say because a lot of times when you're in programs and committee meetings and so forth and you're testifying what is already been said, you don't want to repeat and I don't want to do that. What I wanted to do is just mention a little history.
Could you please for the record state your name again.
A little history 141 12/5/07 L&I Bill 070944 and tie it in with today and the most recent event that I attended this past week. I cut my teeth with Cecil Moore at Strawberry -- first at Girard College, if people don't know that history, and at Strawberry Mansion, when they were building that school up there. And the issue that was being dealt with is the same issue that's being dealt with today: African-American employees in the construction industry. And that was in the '60s. And here we are, in the 21st century, entertaining the same issue. And I'm saying this: You better pay attention because there's a different generation. There's a different generation here -- (Applause.)
-- that's going to react to this kind of stuff in a different manner. 142 12/5/07 L&I Bill 070944 And I know the federal government and the states and the cities have learned from the '60s rebellions. I don't call them "riots" -- rebellions 'cause rebellions are the result of the inequities that the people are suffering, and they react. And that's what's going to happen again. But here's the other side of the coin. With what's happening with this economy in this country and the outsourcing of jobs and white folks losing their jobs now, which is not a historical event; this is an historical event along with what's happening to, I'm going to use the gentleman on CNN's term, the "middle class," and a lot of those people are reacting. If you look at the present situation, condominiums are going up, construction workers are going to lose jobs because construction's going to 143 12/5/07 L&I Bill 070944 stop. Toll Brothers ain't going to build no more houses, not until they the ones that's out there. So what I'm saying to you is, we better really pay attention to what's going on not only in Philadelphia but in the United States with this economy, with this employment situation. And, of course, if white folks got a cold black, folks got pneumonia. That's a old saying. And I'm saying it's going to be reacting to that. But the more recent thing is. To show you how far we've come, everybody should be -- a lot of people in here are familiar with Great Expectations for the Citizens Convention that was held Sunday. And it was a good event, and leading up to it was a good process. And in the process, the Inquirer would write articles, and they had public meetings all across the City in various zip 144 12/5/07 L&I Bill 070944 codes and in various Councilmatic districts and so forth, to get the input of the people. And they brought that back to Sunday's convention for discussion in a more wholistic way, to give some leadership under the section of reform and leadership, and that's where you all come in. But let me say one of the topics that came up as a result of the survey that the Inquirer done and the culmination of the meetings and the conclusions they came to, and they cited this one. There was seven in the roundtable discussion that we had in reform and leadership, but here was one heading: "Bury the race card. Bury the race card." Now, that's a recent phenomenon maybe in the last 15 years or so, when every time we raise up and confront racism, we are using the race card. And here it is in here. And 145 12/5/07 L&I Bill 070944 they're talking about reform and leadership. That shows you how far -- and Nutter's supposed to take this up. That's the purpose of it. And I don't want to have to tell you who's giving leadership to this. You know it, you know it, and everyone one of you sitting there know who's giving leadership to this
All right? And you better be on your toes. But we're coming. We're coming along with this. And, hopefully, it's not going to be confrontational. And that's -- I appreciate the time. (Applause.)
Thank you for your testimony. Thank you. Any questions from members of the committee? 146 12/5/07 L&I Bill 070944 (No questions.)
Seeing there's no questions, could the next witness please identify yourself for the record? UNIDENTIFIED SPEAKER: Yes, good afternoon.
Good afternoon, Chairman, and good afternoon to this committee. I want to first thank you for giving me the opportunity to give my testimony on these pranks, these million-dollar pranks called nooses. It's too expensive to be called "a prank," first of all. What I want to get into is what I really came here for, is that the Jena 6 issue is proof. As a matter of fact, it's a fact that this country got a problem. The mainstream media is trying to print a picture of 147 12/5/07 L&I Bill 070944 a nation that no longer has racial problems, and there is no 4 discrimination. They want to end affirmative action and they wish that the people of color would just go away. Well, I'm here to tell you, you got a problem, and we're not going anywhere neither. The name of the game is a new day. Just like Mr. Arnold said, we got to fix this problem or else we going to carry it forever on our backs. We're going -- we're never going to go away. In the Constitution of the United States, it states that all men are created equal and that they are endowed by their creator with certain inalienable rights. Racism is a false belief, a belief that some human being is different from another. We are all human beings first. We are all human beings first, no 148 12/5/07 L&I Bill 070944 matter what their character or their abilities are. Racism is a sick disease in the mind that one disease is better or superior than the other, which equals to a discrimination to the words in the Constitution of the United States, making us alienated from one another so that the power -- so that the powers economically and politically can be denied from a race or from human beings endowed by our creator with certain inalienable rights. This racism behind all of this noosism does not come from the creator and should not be allowed or practiced in this country. It -- it's -- let me see here. It makes the Constitution a false document. Racism is proof that someone is disconnected from the creator. The civil rights movement has run its course and it's time to retire it, replace it with human rights, 149 12/5/07 L&I Bill 070944 because somebody is really -- is just denying us our human rights. We shouldn't be here this morning, we shouldn't have to vote whether or not people can vote for the next years. 7 There's something wrong going on here. 8 I'll give you another example. 9 Anything black dealing with 10 communications is under attack. Black 11 advertisement firms, marketing firms, 12 television, radio, especially the 13 black press are under constant 14 economic attack. Racism will buy out 15 rising entities and will try to kill 16 the established ones. 17 Communication vehicles provide 18 a vital information -- and information 19 is indeed power, power translated into 20 control, money, and freedom. Only 21 human beings can manifest this. And 22 we're all human beings first. 23 I don't know which God you all 24 are talking to, but I know my God 25 don't play this stuff. 150 12/5/07 L&I Bill 070944 And, lastly, as a human being made by God, I demand, we demand, we demand our inalienable rights, our inalienable human rights to eradicate this wretched disease of racism along with these nooses all over America from the Constitution of the United States. We also demand that all Jena 6 Civil War policy cases in America be dismissed from the courts in the deep South and all across America. And in closing, let me ask you a question: What would happen if I threatened you, Mr. Chairman, with a noose? The FBI would be called in, the Tobacco Firearm would be called in because it's related to terrorism, but City Council says it's a prank. We say it's against our human rights. You can't be playing with this. And, like Brother Arnold said, you're already out of time. I thank you. 151 12/5/07 L&I Bill 070944 (Applause.)
Thank you. Thank you for your testimony. Are there any questions from members of the committee? (No questions.)
Thank you. We appreciate you taking the time to come down. Thank you. PANEL MEMBERS: Thank you.
On the third panel, we have Carol Gay, Phillip Lockett, Mary Ellen Mariono, and Joan Payton. UNIDENTIFIED SPEAKER: Wait a minute. Mr. Lockett just spoke and the other three are not here today, if you'd like to move on.
Okay. Sure. On Panel 4, we have Paula Peebles, Anna 152 12/5/07 L&I Bill 070944 Marie Powell, and G. Sultan Ashley Shah. UNIDENTIFIED SPEAKER: Just three?
Actually, we can go on to -- if there's anybody here from Panel 5 -- Aminata Sandra Calhoun, Kiniaya Sharrief, Lewis Thomas, III. UNIDENTIFIED SPEAKER: And Brother Tiger Odinga.
Right. And Brother Tiger Odinga. If everybody can just come forward and take a seat along the rail, that way we can take you one another the other. (Witnesses come forward.)
Yes. My name is Sultan Ashley Shah, and I'm with Renaissance Community Development Corporation, but I'm also with the Philadelphia Freedom Riders, National Action Network Chapter. I'm here today because this was such an important issue that it took us three buses of people to Jena, Louisiana, to sort of refresh our memories with respect to bearing witness to the truth and reality that racism is still alive and well in the United States of America. And I'd like to talk about for a moment the situation that drove us to Jena, but I'd like to back into Philadelphia and our concerns as it relates to racism -- institutional racism that's still established here in the City of Philadelphia. But before I do that, I would 154 12/5/07 L&I Bill 070944 first like to take a moment to say good afternoon to the esteemed panel of Councilpeople here. I'd like to take the opportunity to thank Councilman Clarke for your leadership and your vision in taking on this project or this issue and moving this agenda forward. We had a conversation right here in the bowels of this Council chambers, and when we requested that he look into this and he did so diligently and came forth with what we believe is something that begins to bite into the issue and hopefully to take it to the next level whereby we can begin to address the state level with respect to the crimes code and try to have it amended to also reflect that hanging nooses specifically is, in fact, a hate crime and should be punishable by law. S. Department of Justice. When we went to Jena, Louisiana, we went there because six young men had been charged with a crime that, in all actuality, was perpetuated by racism -- it was perpetuated by misguided representations as to how to do conflict resolutions amongst individuals and people, but it also spoke to what the most recent panel came forth and said with respect to how racism is still alive in our country but yet it's still dressed up with the race card being thrown up in the air at any given point and time when it's felt or domed adequate in terms of provisional protection against the real truth and reality as to what's going on in America. And that being the hanging of three nooses on a tree in a school whereby individuals had to first and 156 12/5/07 L&I Bill 070944 foremost ask, Is it okay for me to sit under the shade of a particular tree in my school rather than sit in a hot room or along a wall of a building lunchtime equal unto those for whom were other colors than myself, particularly white kids versus black kids. To have this take place in a country whereby -- where we say inclusion is the process of the day, where we say that every citizen has a right to life, liberty, and the pursuit of happiness, we have to ask, can we stand under a tree? then that takes us back to the early days where civil rights was fought in the bowels of -- as I remember and as Mr. Arnold Foster said earlier, he was cut from the teeth of Cecil B. Moore. I was cut from the teeth of David P. Richardson, who, in conjunction with Cecil B. Moore, led the march -- or Cecil B. Moore, in 157 12/5/07 L&I Bill 070944 conjunction with Dave Richardson, led the march on Girard College. I was 4 years old. I was young, I was afraid; 5 I didn't know what I was getting 6 involved in in terms of social 7 justice. I just knew that what was 8 taking place at Girard College was 9 wrong. Its spirit, its intent was 10 against everything for which God 11 created in us as human beings, and I 12 moved out blindly but willingly, and 13 today, I can safely say, most 14 graciously. S. S. Department of Justice and 158 12/5/07 L&I Bill 070944 the lack of wisdom from which it projects, but more so, in the wisdom from which this body has represented itself, recognized that the hanging of a noose is ethnic intimidation subject to being a crime punishable by law that you wouldn't have a Jena 6 today.
You wouldn't have had to have over 60,000 people traveling to a small town in Louisiana simply to support the eradication of racism. When we come to Philadelphia, you know, it was concerns, Well, why go to Jena because we got situations right like -- you know, we got Jena 6s right here in the City of Philadelphia. Well, there's Jena 6s all over the world, all over the country in particularly. I particularly say that there's a Jena 6 syndrome with respect to the state prison system as it relates to the incarceration of African-American men and women in the 159 12/5/07 L&I Bill 070944 State of Pennsylvania and particularly those that are there on life sentences, life being life in the State of Pennsylvania, but that's a whole 'nother issue for a whole 'nother day. I'd like to back into Brother Solomon's situation, who was here earlier testifying, as it relates to how a victim of a hanging noose has become in the eyes of the world for which we cried out for help, some sort of pirana [sic] or some sort of diseased individual whereby he now cannot support his family, he now cannot earn a living, he now has to have reduced himself to a sense of a broken man for whom has been taken away from that for which he has been cultivated and designed by God to do, and that is to do his job effectively and raise his family is an adequate, safe, wholesome way, whereby he is not a threat to society, nor is society 160 12/5/07 L&I Bill 070944 supposed to be a threat unto him. And we talk about those individuals what have perpetuated that situation whereby his rights to provide for family in a common, decent way have been taken away from him. Well, I say, we look at the union, the Glazers Union, because they are the individual for whom represent his opportunity to seek the bread and butter that he needs to provide and feed his family. But when we look at the Glazers Union, let's look at the union leadership. The President of the Glazers Union is Joe Asbell, who happens to also be the chairman of the Philadelphia Parking Authority. Now I ask this question in conjunction with my statements regarding racism being institutionally deeply rooted here in the City of Philadelphia, that when we look at the hiring practice under this new regime 161 12/5/07 L&I Bill 070944 that has taken place over there, under the Philadelphia Parking Authority's leadership of Joe Asbell, when we look at the minority participating and the minority hirings in significant, magnanimous decision-making positions, it is a zero factor. Simply put, racism -- institutionally, systematically designed to keep us out of the process. Again, we're allowing this type of racism, this type of thinking to govern and guide our process here in the City of Philadelphia's governmental system. Where does the buck stop? Where do we take a position that -- in support of what Councilman Clarke is doing. I'd like love to see this bill, Councilman Clarke, incorporate a larger, stronger concern regarding the penalization of this particular act and crime as being something greater. If, in fact, it can be done on local level, I would 162 12/5/07 L&I Bill 070944 love to see this take place because, for somebody, $300, I -- you know, if -- some people, they say, Well, I'll pay $300 to hang a noose, I'll spend 90 days in jail to hang a noose. But are you willing to spend $3,000, $30,000, lose your home? Are you willing to spend a year in jail away from your family for the hanging of a noose? We need to add some real meat and teeth to it from that perspective.
But more importantly, again, I encourage the rest of you Councilmembers in his efforts to get this bill passed so that this bill not only represents a new beginning for the City of Philadelphia in its attempts to eradicate this concept of racism, that it also takes it to a -- support him in taking this to a state level whereby this particular bill or this concept can be committed and, in some sort of way, incorporated in the 163 12/5/07 L&I Bill 070944 Pennsylvania crimes code bill that will allow for the crimes code bill to be amended to say, again, that hanging nooses also is a hate crime in America, because anytime I think about a hanging noose, I think about somebody hanging from a tree with their neck straggled over, broken, and dying or dead. And most oftentimes black. So I would encourage each and every one of you to support this bill. And I thank you very, very much again, Councilman Clarke, Councilwoman Reynolds-Brown, Mr. Rizzo, and the rest of you Councilpeople, I encourage you to get behind and support this bill. Thank you very much.
I would just like to clarify. 164 12/5/07 L&I Bill 070944
Thank you, Mr. Chairman. I just want to thank you for your testimony, my friend.
I just wanted to clarify issues with respects to the penalty. The penalty is actually a Class 3 violation which you see in the legislation, but Class 3 authorizes us to go up to $1500. So the penalty is not 300; 300 is just the generally penalty associated with the -- that particular category in the code, but it's $1500 and 90 days imprisonment. One of the things -- in the City of Philadelphia, the State authorizes us to impose maximum penalties, so we are up to the limit on that particular Class 3. It's my understanding that in the subsequent 165 12/5/07 L&I Bill 070944 years, the maximum amount will increase but not dramatically, in all honesty, but we're limited by the State in terms of --
Well, couldn't this be piggybacked with the State's crime bill in particular?
What we need is the State to reauthorize us, so if there's a need for us to request that the State authorize us to increase the penalty, that's something that we have done in the past, or the fines associated with that, so that's something that we can do.
And could you please identify yourself for the 166 12/5/07 L&I Bill 070944 record.
Thank you. Good afternoon. My name is Paula Peebles, and I too want to join my colleagues who have spoken earlier in thanking this committee of Council for providing us the opportunity to be heard today. I also want to extend a special thank-you to our District Councilperson Darrell Clarke for accepting our invitation to move such an important issue forward to the fact that we were actually having public hearings today. So I wanted to take the opportunity and join everyone else in thanking you. I do have a prepared testimony, which I would like to read, and I will provide copies of my testimony for the committee. I wish to state for the record our support for the institution of a decree that would make hate crimes a 167 12/5/07 L&I Bill 070944 law that is fully punishable to the fullest extent of the law, inclusive of civil compensation for the anguish suffered as a result of the act. And I think we had a clear indication of that based on Mr. Solomon today, and I do not see that particular aspect, civil compensation based on the anguish suffered by individuals included in this proposal. Given the most recent overwhelming incidents against African-Americans, inclusive, but not by any means limited to the injustice suffered by Michael Bell, where he has, at the tender age of 17 years, having to be forced to plead guilty for a crime with no punishment to date being rendered against those three white students that initiated this entire act that's taking place and continues to be a dark cloud over the town of Jena, Louisiana. In a sense, 168 12/5/07 L&I Bill 070944 they have set off a national reign terror against black people, black children, black women and men in this country. In lieu of the Jena 6, Louisiana, case Professor Constantine in New York and Paul Solomon at the Comcast construction site here in Philadelphia, among many other incidents, we are asking that, in fact, this Council strengthens the proposed bill and piggyback it on what my colleague have already indicated, and I did hear you, Councilman Clarke, about you now -- basically Council being to the point that they maximized the amount that can be -- people can actually be penalized. I want to join on what Sultan and all the other members of this body that have spoken positive for the bill 23 today to say whatever we need to do, and we will support Council in this, to galvanize the energies towards the 169 12/5/07 L&I Bill 070944 State to say to them very clearly, it's not strong enough -- $300, $1500 is not strong enough. People need to actually feel that they're going to lose something when they intimidate and threaten other human beings. And so we want to join you -- and I say this publicly -- in supporting the efforts. We will take buses to Harrisburg, whatever we need to do, to make certain that this is turned around and that there is a higher amount of fines that will be instituted, as well as jail time 'cause 90 days is not enough. So I want to join my colleagues in supporting that and to ask that, in fact, there is something proactively done from this Council through this committee initially so that we can strengthen that. I understand the limitations from the State. I also want to indicate that black people have been enduring an 170 12/5/07 L&I Bill 070944 environment of pre-civil rights era where blacks are targeted and being terrorized through threats of noose hangings physically, gentrification being put out of our communities and our homes, wrongful jailings, and the list of atrocities against us are seemingly unending. I mean, jails are preoccupied in the majority by African-American men and women, as if -- as if -- we're the only ones committing crime to such a high level. It's just not true. Given this environment and after the review of the proposed law provided by this committee, we strongly recommend that the monetary crime be increased at least to $3,000 or larger and that the imprisonment be extended beyond 90 days to one year or greater.
This is no minor misdemeanor. Somewhere I read on a document this morning that said "a misdemeanor," and 171 12/5/07 L&I Bill 070944 I'm not saying, Darryl, that this is coming from your committee; perhaps that's the language that the State uses. But in our opinion, this is no 6 minor misdemeanor. It's not a Class 3; in our opinion, it's a Class 1 atrocity. These acts threaten our very civil liberties and the ability to exist in tranquility. Therefore, in concluding, I want to ask Council, this committee, to respond, if you will, to now just one question, because you already responded to my other question that I had indicated, and that's based on those companies that have continued to enjoy access to construction sites, to buildings, programs, et cetera, based on public support; that, in fact, they be scrutinized; and that, in fact, we deny them any further access to public funds until such time the hate acts that have occurred within their 172 12/5/07 L&I Bill 070944 jurisdiction has ceased. Case in point: Very clearly, as an example, if you're not understanding what I'm saying, Comcast. David Cohen should not get one more dime from this city until such time that such acts are no longer allowed to occur at his construction site. That should go forward with Asbell, Driscoll; we go straight down the list. They should not be allowed. 'Cause I'll tell you quite frankly, I own a home in this town, and I'm not about to allow my tax dollars -- Mr. Rizzo, you need to be listening -- allow my tax dollars to go and fund hatred, terrorizing me and my community and my people. And I do thank you for the time. )
Thank you for your testimony. And I thank you for your time. 173 12/5/07 L&I Bill 070944 Is there any questions from members of the committee? (No questions.)
Excuse me, I do want the committee -- someone from the committee to respond to my question about these companies, institutions that have access to public dollars, public funding, because I understand the limitations based on City Council dealing with the City; I'm talking about private-industry construction companies that actually engage and allow for hatred to take place on these sites. A man loses his job because he decides to have courage and step forward. We have to support -- the City should be supportive of individuals like that, without having to single him out. And I want to hear from Council this morning, what's going to be your position regarding this? I understand you got to get in 174 12/5/07 L&I Bill 070944 your (indiscernible), but give us some indication whether you going to support such an effort.
As far as Mr. Solomon, just to backtrack, Councilwoman Blondell Reynolds-Brown and I, Councilman Savage, are writing a letter to the operating engineers and East Coast Hoist, which is the company that Mr. Solomon worked for, and we're going to look into the situation why he was benched and then employed for four to five weeks after he came up to speak. And like I said -- and I'll say it again -- I commend him on his courage. And I think that it's sad that in 2007 that this is still going on and --
Thank you, Mr. Chair. Thank you for your testimony. And, again, thank you all for encouraging me to sponsor such a bill, and it actually brought to light the fact that we on the local level did have the ability to implement certain criminal code statutes, which I was not aware of, and I'm glad that we're aware of that.
We actually had a sidebar during the course of the testimony, Councilwoman Brown and myself and Rizzo and the other members of the committee. And we believe, as a result of this very crucial issue, and particularly some of the testimony that was brought forth today, that this will require subsequent legislation to deal with several aspects of the outcome both 176 12/5/07 L&I Bill 070944 with respects to making people aware of this provision, to making companies aware that this provision is, in fact, in place. So in a proactive way, we will hope this will never happen again, to tying it to any policies associated with either issuance of public funds or issuance of building permits or any other type of regulatory process associated with any action by government. At the end of the day, this hopefully will become law, an enforceable law. It is serious in nature, and we want people to understand that this is not some frivolous law that we put in place just to satisfy our constituency; we want this to be enforced to the fullest extent. So you will be seeing -- and I understand Councilwoman Brown is going to be taking a lead on this in the 177 12/5/07 L&I Bill 070944 next term 'cause we're close approaching -- I don't like to use the term "recess' cause people think we go off and play somewhere, but we're closely approaching the end of this particular term. And one of first actions that will taken up in the next term will be legislation dealing with the other aspects and the follow-up of this bill.
Again, my name is Sultan Ashley Shah. And incorporated in that concept and in that further movement towards that, Councilman Clarke, I would hope that it would also expound upon to say City employees as equally as well. Because, again, as I stated, the Chairman of the Board of the Philadelphia Parking Authority represents of City of Philadelphia and City government in some respect, or he's looked upon as being someone who 178 12/5/07 L&I Bill 070944 represents the City of Philadelphia and its interests in regard to the parking issues that it relates to the City of Philadelphia, whether it's from a State level or not.
He actually is not. You made reference in your testimony. Mr. Ashdale is not actually the head of the union that Mr. Solomon is a member of. He's -- it's actually Mr. Hainen. He's in Operating Engineers, but he's not actually a member of the --
But if I'm correct, the individual for who perpetuated was a glazer.
So he's a glazer represented by Mr. Asbell, and they moved him, they hid him. Instead of firing him, they just gave him -- he's still working. 179 12/5/07 L&I Bill 070944
But the man for whom the crime was perpetuated upon is now 45 days with five days working.
That's why I asked the committee the question, Councilman Clarke, about what, in fact -- and we're going, you know, to allow the Councilwoman to do her due diligence and assist her. What will Council be willing to do to actually withdraw publicly-funded projects when the essentially allow -- sanction hates crimes to occur on your site. That's all we ask you.
Thank you. Thank you for your testimony. Will the next why witness please identify yourself.
For 180 12/5/07 L&I Bill 070944 let me say my name is not that's an e-mail. I'm Minister Gideon Odinga Muktar, a community activist and a revolutionary Pan Africanist. Good morning, ladies and gentlemen and Honorable Councilmembers. I'll be very brief. This issue goes far beyond just the incidents of the noose. It typifies a growing racism in America it complements a growing fascist police state. I encourage you as honorable Councilmembers to speak to it, do deal with it now. I agree with my Brother Taliaferro: It has certain implications and similarities to Nazi Germany and goes far beyond it. I will end with four brief statements. I ask that you consider it, discuss it over your breakfast tables, discuss it in your neighborhoods. "You reap what you sow." 181 12/5/07 L&I Bill 070944 A statement too by the great Pan Africanist (indiscernible) El Shabazz Malcolm X, in a historic speech in 1964 called "Balance of Bullets." Important because that speech predicted the urban rebellions that flashed across America. And he said, "You cannot not expect an explosion if all the conditions for the explosion exist." By another great African freedom fighter, Dr. Martin King: "Injustice anywhere is a threat to justice everywhere." And I will end this. "Justice denied will certainly bring insurrection." Good morning. Ready for the revolution.
Thank you. Thank you for your testimony. Is there any questions from members of the committee? The Chair recognizes 182 12/5/07 L&I Bill 070944 Councilwoman Blondell Reynolds-Brown.
No questions. I will only underscore the remarks and the next steps that have been stipulated by Councilman Clarke. In many ways, this is Step 1, Phase 1 Chapter 1. We all clearly understand that it's the beginning and not enough. We have some work to do at the State level, but there are some additional avenues we can impose at the City level. And working with you and Councilman Clarke, who has kicked out this ball, we'll deal with the next steps in January. But we thank you for putting this on the radar screen in an important way and doing it with a laser beam because everything you've said is absolutely true. And we regret fully, unfortunately, that we have to remain 183 12/5/07 L&I Bill 070944 forever vigilant when we see the type of injustice that has been imposed on a citizen; and what is worse, he is now not able to work and take care of his family. Thank you very, very much for your testimony.
Could the next witness please identify yourself for the record.
Good morning. My name is Lewis Thomas. I am a lifelong resident and a registered voter in the 5th Councilmatic District represented by Councilman Darrell Clarke, the 3rd State Senatorial District, the 1st Congressional District. And in the interest of full disclosure, I'm a candidate for State Representative next year in the 181st Legislative District in North Philadelphia. But, more importantly, I'm 184 12/5/07 L&I Bill 070944 here today not just as a resident and a lifelong registered voter, but I'm here as a black man, and I'm here as someone representing the over 75,000 black martyrs that were hung by nooses since the year 1869 in the United States of America. And I'm here on their behalf and in the interest of their legacy. And I'm going to make my comments very brief because everyone has expounded upon almost everything that I was going to say already, so I'm not going to take a long time now to read my testimony, but I will provide a copy of it to the committee. But I just want to say very briefly that the history of my family in Philadelphia began with a lynching. It began with a lynching in 1937 of my great-uncle. My grandfather and my great-uncle were graduates of a small HBCU in Houston, Texas, called Hudson (indiscernible) College. After they 185 12/5/07 L&I Bill 070944 graduated, they returned to their small town outside of Houston and opened up a business. Well, the people in that town didn't want two black men with a college degree in 1937 to open up a business, and so they lynched my great-uncle in broad daylight in downtown Texas. And my grandfather fled to Philadelphia in 1937, which is how he got here, and it's how my family began its legacy here, in the City of Philadelphia. And so this is something that's very, very important to me and the reason why I felt it very necessary for me to come today and to go on the record on this particular issue, because I have a legacy of lynchings in my own family. And if many of us, particularly as black people in America look back on our history, I'm sure we would be able to 186 12/5/07 L&I Bill 070944 identify someone in our historical family that probably suffered at the hands of those that would choose to silence us. But I would like to thank the Councilman for proposing this legalisation. I echo the sentiments of all those who have spoken before me, that it is not hard enough, and as somebody who considers themselves a legal scholar, I understand the issue of deterrence, and I think that we have to be very, very clear about what a deterrence is. And if we are going to establish a law or a mandate that will deter those that choose to intimidate, that choose to smother the rights of black and others, then I believe that we have to make a resounding statement with regard to this legislation and with regard to any future actions that these actions are intolerable. " I am asking this Council to bend the arc of justice on the moral side because this is a moral issue at the end of the day. It is really not a political issue, it is really not -- this is a moral issue. And so when the Council argue in full committee for this legislation, I would hope that all of the members of this committee would go on the record as making it clear to the full Council that this is a moral issue with regard to the citizens of Philadelphia. And so I hope that you will lead the charge, this Council, this distinguished body will lead the charge nationally by showing other local municipalities that they have 188 12/5/07 L&I Bill 070944 the power to be able to set in motion those laws and those statutes that will help to govern their people.
And I look forward that hopefully, God willing, that if I go to the State House, to help lead the house in the State to be able to change the laws on the books and mandate some hate-crime legislation in the State of Pennsylvania so that we take this on the mainstream and that it comes out of this body and that it moves forward to the state and federal and local municipalities. I thank you for your time. I thank you for allowing all of us to testify. And on behalf of everybody that came today, I know that we appreciate your time and we really appreciate Councilman Clarke's leadership on this issue and his courage on this issue. And we appreciate Councilwoman Brown's future courage on this issue, and we look 189 12/5/07 L&I Bill 070944 forward to working standing up on your behalf. Thank you so much. )
Thank you for your testimony and thank you for taking your time. If there are no other people here to testify, this concludes the public hearing of the Committee on Licenses and Inspections. We will now move into our public meeting. The Chair recognizes Councilman Clarke for a motion on Bill 16 No. 070390.
Thank you, Mr. Chair. I make a motion that Bill 19 No. 070390 be reported out of committee with a favorable recommendation and a request for a rules suspension so as to allow reading at the next session of Council. (Motion seconded.) 190 12/5/07 L&I Bill 070944
All in favor say aye. The nays? The ayes have it. Councilman -- the Chair recognizes Councilman Clarke for -- Bill No. 070390 is reported out of committee with a favorable recommendation. The Chair recognizes Councilman Clarke for a motion on Bill 13 No. 070556.
Thank you, Mr. Chairman. I move that Bill No. 070556 be reported out of committee with a favorable recommendation and a request for a rules suspension so as to allow for reading at the next session of Council. (Motion seconded.)
All in favor will say aye. The ayes have it. 191 12/5/07 L&I Bill 070944
Let me finish. Bill No. 070556 will be reported out of committee, as amended, and --
Okay. Bill No. 070556 will be reported out of committee favorably and a suspension of the rules allowing for first reading at our next Council session. Also, Bill No. 070390, for the record, is reported out of committee with a favorable recommendation and a the rules will be suspended to allow 192 12/5/07 L&I Bill 070944 for first reading at our next Council session. The Chair recognizes Councilman Clarke for a motion on Bill 6 No. 070679.
Thank you, Mr. Chairman. I move that Bill No. 070679 be reported out of committee with a favorable recommendation and a request for a rules suspension so as to allow reading at the next session of Council. (Motion seconded.)
All in favor say aye. Ayes have it. Bill No. 070679 will be reported out of committee with a favorable recommendation, and the rules will be suspended to allow for first reading at the next Council session. The Chair recognizes 193 12/5/07 L&I Bill 070944 Councilman Clarke for a motion on Bill 3 No. 070870.
Thank you, Mr. Chairman. I make a motion on the amendment to Bill No. 070870. (Motion seconded.)
All in favor say aye. The ayes have it. Bill No. 11 070870 will be reported out of committee with a favorable --
The Chair recognizes Councilman Clarke again on Bill No. 070870.
Thank you, Mr. Chairman. Mr. Chairman, I move that Bill 21 No. 070870 be reported out of committee, as amended, with a favorable recommendation and request a rules suspension so as to allow first reading at the next session of 194 12/5/07 L&I Bill 070944 Council. (Motion seconded.)
All in favor will say aye. The ayes have it. Bill No. 070870 will be reported out of committee with a favorable recommendation, as amended, and the rules of Council will be suspended to allow for first reading at our next Council session. The Chair recognizes Councilman Clarke for a motion on Bill 15 No. 070876.
Thank you, Mr. Chairman. Mr. Chairman, I move for the adoption of an amendment to Bill No. 20 070876. (Motion seconded.)
All in favor, say aye. The ayes have it. The Chair recognizes 195 12/5/07 L&I Bill 070944 Councilman Clarke for Bill No. 070876, as amended.
Mr. Chairman, I move that Bill No. 6 070876, as amended, be reported out of committee with a favorable recommendation and a request for rules suspension so as to allow reading at the next session of Council. (Motion seconded.)
All in favor will say aye. The ayes have it. Bill No. 070876, will be reported out of committee with a favorable recommendation, as amended, to allow -- pand the rules of Council should be suspended to allow for first reading at our next Council session. The Chair recognizes Councilman Clarke for a motion on Bill 23 No. 070914.
Mr. Chairman, I move for the adoption 196 12/5/07 L&I Bill 070944 of an amendment to Bill No. 070914. (Motion seconded.)
All in favor will say aye. The ayes have it. The Chair recognizes Councilman Clarke on Bill No. 070914, as amended.
Mr. Chairman, I move that Bill No. 12 070914 be reported out of committee, as amended, with a favorable recommendation and a request for a rules suspension so as to allow reading at the next session of Council.
All in favor will say aye. Ayes have it. Bill No. 070914 will be reported out of committee as amended with a favorable recommendation and the rules of Council will be suspended to allow for first reading at the next 197 12/5/07 L&I Bill 070944 Council session. This concludes our public meeting and ends our Committee on Licenses and Inspections. Thank you. (Proceedings end at 1:20 p.m.) * * * 198 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 Licenses and Inspections are contained fully and accurately in the stenographic notes taken by me on Wednesday, December 5, 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.)