Re-number Section 3 as Section 2. 72 6/12/00 PUBLIC SAFETY - BILL OOO164
And re-number Section 4 as Section 3. These amendments are based on recommendations from the ACLU and the Law Department.
Okay, thank you, Councilman Clarke. I'd like to read into the record a letter from the ADL. "We are writing with regard to Bill 13 000164, which would prohibit facial concealment in certain instances. The bill would amend Title X of the Philadelphia Code to prohibit a person from wearing a mask, hood, or form of facial concealment with the specific intent to threaten another person. "As you know, the Anti-Defamation League (ADL) assisted in drafting the bill and we support it. As you know, the ADL is an 86-year-old civil rights and human relations organization that fights anti-Semitism, racism, prejudice, and bigotry of all kinds. ADL has been in the forefront of the effort to monitor and 73 6/12/00 PUBLIC SAFETY - BILL OOO164 counteract extremist activities on both ends of the political spectrum. Such activity often threatens the democratic process and interferes with the peaceful exercise of Constitutional rights by our citizens, especially those who are members of racial, ethnic, and religious minorities. Further, ADL has been actively involved in monitoring and counteracting extremist groups who have historically carried out extremist activity under cover of mask and hood. Therefore, ADL was pleased to assist your office in drafting anti-mask legislation that would be effective and most likely survive any Constitutional challenge. "The Constitutionality of the Anti-Mask Laws. A. Laws that Have Been Upheld. Anti-mask laws were upheld in courts as early as 1878 these early laws said in essence that a trespasser wearing a mask was guilty of an attempted felony. In 1927 the Kentucky Supreme Court upheld a state ordinance that made it illegal to appear in public wearing a mask or disguise. See Pineville v. Marshall 299 SW 1072 (Kentucky 1927). The Kentucky law was not aimed at secret organizations who are masked or hooded but acknowledged that 74 6/12/00 PUBLIC SAFETY - BILL OOO164 wearing masks tended to increase public disorder. In 1930, a Texas court had a valid state statute prohibiting, among other things, the parading of any secret society organization or part of the members thereof in masks of disguise upon or along any public road or any street or alley or any city or town or state. See Dellinger v. State, 28 SW 2d 537 (Texas Criminal Court 1930) as cited in 2 ALR 4th 1241 (1980). "Historically, anti-mask laws have met with mixed success in the courts. However, ADL believes it is possible to draft a law that would be narrow enough to be upheld. . ." My colleagues are saying to put this into the record. The ADL letter will be put into the record. (ADL Letter attached hereto.)
Thank you. There's a letter from the Philadelphia ACLU that I cannot find in front of me here. This letter will be read into the record. And I would just like to read, "And while we would not be opposing this bill, nothing contained in this letter should be construed as a 75 6/12/00 PUBLIC SAFETY - PUBLIC MEETING statement in support of the bill. Please feel free to contact me should you have any questions. Larry Frankel." That also will be put into the record. (ADL letter attached hereto.)
Statements by District Attorney Lynne Abraham will be put into the record. (Lynne Abraham letter attached hereto.) - - -
I now conclude this hearing of the Public Safety Committee on Bill 14 000164 and move into the public meeting. And I'd like to hear a motion about the amendments. I recognize Councilman Clarke. Is he here? Councilman Clarke, do I hear a motion on the amendments?
Yes, Mr. Chairman. I make a motion that the amendments, as read in the hearing, be adopted. (Duly seconded.)
The amendments are being offered and seconded. Do I hear ayes? 76 6/12/00 PUBLIC SAFETY - PUBLIC MEETING Do I hear nays? The ayes have it. Now I'd like to hear a motion on Bill 5 000164, as amended. Councilman Clarke?
Thank you. I ask for a motion on Bill No. 000164, as amended, to be reported out of committee with a favorable recommendation. (Duly seconded.)
The bill has been recommended and seconded. Do I hear the ayes. Nos? Please identify those voting aye. Councilman Clarke?
Councilman Ortiz, no. 11 The ayes are 4, the nays are 3. Therefore, the bill passes. This bill 13 will be read into the first reading of City Council on Thursday.
Mr. Chairman, can we ask for a request for a suspension of the rules? I'm asking for a request for a suspension of the rules.
A motion has been offered. Do I hear a second? (Duly seconded.)
Ayes? Nos? We'll do a roll call again. Councilman Clarke? 78 6/12/00 PUBLIC SAFETY - PUBLIC MEETING
Councilman Ortiz, no. 18 The ayes are 4, the nays are 3. The ayes have it. (Adjourned at 4:10 p.m.) - - - 79 C E R T I F I C A T E I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Monday, July 12, 2000, were reported fully and accurately by me, and that this is a correct transcript of same. RE: COUNCIL COMMITTEE ON PUBLIC SAFETY BILL NO. 000164 __________________________________, JOSEPHINE CARDILLO, Registered Professional Reporter