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.)