Okay. How y'all doing today? My name is Mujaheed Muhammad. I'm a senior at Paul Robeson High School and I am testifying in favor of Bill 200579. (Pause.)
Mr. Gordon is the best principal in the United States right now. During my short time at Paul Robeson, he has made it like a family environment. He is the one principal I know that is always there for you and will do whatever he needs for his kids. He helped me become a better person in Stated Meeting October 29, 2020 life, helped me stay on track over the years, helped all his students stay on track over the years. He is the only person that I know that will stand outside and wait for all the kids to get in the building and greet them with handshakes and smiles. I'm finished.
All right. Thank you. Appreciate your testimony. Thank you.
Good morning. Just please state your name for the record and proceed with your testimony.
Good morning, everyone. My name is Kiara Prince and I'm here to speak in favor of Bill 200579. I am an alumni of Paul Robeson. Stated Meeting October 29, 2020 I graduated in 2019. Mr. Gordon is one of the most caring and genuine principals I've ever had the opportunity to work with. When applying for Walnut Hill College, I was not accepted immediately. I was crushed, but Mr. Gordon wouldn't allow me to give up. He gave me other options and alternatives. With perseverance and determination because of the instruction Mr. Gordon gave me, I kept going to Walnut Hill, and now I am a sophomore there, and a major part of this part of my life is because of Mr. Gordon. So I would like to thank him. That's it.
Thank you. Thank you so much for your testimony. We appreciate it.
My name is Lyrica Wise and I'm testifying in favor of Bill 200579. Now, coming to Paul Robeson, I had no (inaudible). I lost my dad eighth grade year, so I went into high school with my head all in the wrong places. Looking back now, I wouldn't consider myself your average honor student, because honor people -- all of the hardships and sacrifices I had to make to be one step closer to success that I want, I will have to -- I would give all my thanks to Principal Gordon. I've honestly been down a lot of rocky roads. I've been kicked out of three schools and one of them was an alternative school, but everybody I've met has always used that against me, but Gordon had helped me to show me that there's power in everything. It's even power in the thoughts that we have every single day, and because of this, I've Stated Meeting October 29, 2020 been involved in my community. I've been involved in everything. In this community, so many kids like me feel under-heard, because we never met people who tell us our worth, and our story matters. And it breaks my heart, because there's so many people that have potential, but it is lost because reality is, success is inconvenient. It doesn't care about any of the hardships or the sacrifices we have to make. It's just messy. But people want to know things like this, and nobody said this because we have no voice. Gordon helped show me my voice and he will help pave the way. I know I'm going to be something because of him. Thank y'all for hearing everything I have to say and for --
Thank you. Thank you so much for your testimony. We appreciate it.
The next speaker Stated Meeting October 29, 2020 is Michael Choe.
Hi, Councilmember Darrell Clarke, President, and Councilmembers.
I am President of the Korean American Chamber of Commerce for Philadelphia. And just to give you a background, the prior riots, the Korean community was especially hit hard. They had about $19 million in damages, and at least 75 businesses were affected. I oppose Council Bill No. 200538, which would strip law enforcement of non-lethal tools like tear gas during public demonstrations. The Korean Chamber believes that such an ordinance will have a psychological and chilling effect on the police officers, further handicapping their ability to prevent the widespread looting and destruction of property and small businesses that have plagued the City. Stated Meeting October 29, 2020 This ordinance will not make conditions safer for demonstrators, residents or business owners. As non-lethal options are taken off the table, police officers may be placed in difficult predicaments that could lead to the deployment of more lethal options. Furthermore, as the police become less engaged to stop widespread looting and destruction of property, business owners will be forced to take up their own arms in defense of their businesses and livelihoods. This can lead to potentially dangerous and violent interactions for both business owners and looters and vandals. The Korean Chamber wants Korean businesses to be safe from such destruction of their businesses and of themselves. They would like to see their businesses and community protected by well-trained police officers with all necessary tools at their disposal rather than officers fearful of retribution or a Stated Meeting October 29, 2020 potential lawsuit. During these unprecedented and volatile times, we must uphold law and order and protect the small businesses, citizens, and protestors from harm. Small businesses fear that this bill would adversely impact Police Department activities while attempting to protect our communities during First Amendment-related riots, protests, and looting. We are taxpayers. Please give us security that we can live safely and work in Philadelphia. Thank you.
Just state your name for the record and proceed with your testimony, please.
No. Just state your name for the record and proceed with your testimony.
Oh, okay. This came from Perkasie, so I wasn't even going to answer it.
This is the City Council of Philadelphia and you are -
Oh, okay. That's why I answered it that way, because it's nuisance calls, I thought. Stated Meeting October 29, 2020 My name is Mary Anne Paupard.
Okay. My concern is for protection for our police. The rioters are not peaceful protesters, and peaceful protests can really turn quickly. What happens then? In the riots this week, the police were told not to make arrests, just to disperse them, but what message does that send? Grab what you can and scatter, licensed to destroy and steal? There will be no consequences. Stated Meeting October 29, 2020 This is not an answer, and sends a very bad message, you can do anything you want in Philly and get away with it. Rioters actually had U-Haul trucks and were filling them with stolen merchandise. That's unbelievable. There's recent footage of rioters chasing police down the street and throwing rocks at them and other things. It is absurd that it has come to this in Philly. It's frightening to see. And can you see the message this sends to the rest of the United States and the world about how we no longer have protection? Our police are running from the thugs because the City does not want the police to protect themselves nor the City of -- the citizens, rather, of Philadelphia. Tear gas or rubber bullets should definitely have been used in this incident. Why didn't the City allow this and why did they allow the destruction? Stated Meeting October 29, 2020 Another problem with not allowing the use of rubber bullets and tear gas is what constitutes peaceful? So many incidents in media coverage said mostly peaceful, with the complete mayhem and the burning cars and buildings in the background. I think the first rocks thrown or the first fire started ends the connotation of peaceful. Media is not allowed to report on what the citizens go through at these times of arrest. It's frightening. I'm 74 years old and feel I no longer have police protection. Philly is setting itself up for citizens having to defend themselves and their property. Is that what you want? In the last riots, the Mayor called individuals trying to protect their property vigilantes, but what were they supposed to do? What were their options? Violence should be nipped in the bud. By allowing this to happen, Stated Meeting October 29, 2020 those (inaudible) times of arrest, you should get a handle on things in the beginning. If you wait, it's too late. Parameters should be set as to what is not allowed in the peaceful protests. Let it be known there will be consequences if not adhered to, but then follow through on that. I believe that not much was done to the rioters after the protests earlier this year. I know I read most charges were dropped. As for the tear gas used on the Vine Street Expressway, I believe that was justified. A state trooper was alone in his car and protesters began rocking it. Numerous orders from SWAT teams to disperse were ignored. Tear gas was then used. It was correct. The big mistake was Philadelphia apologizing for it.
I said can you please conclude your remarks. Your time is up.
Thank you for your testimony, though. We appreciate it.
Thank you very much. This is Dr. Elizabeth Bhoj. I am a pediatrician and resident in West Philadelphia. I'm here to testify in favor of Bill No. 20053 [sic]. This testimony in favor is for the less lethal devices, and I'm testifying both as a community member and a pediatrician who responded to children who were sleeping in their homes and were tear gassed in my neighborhood, requiring some extensive Stated Meeting October 29, 2020 medical treatment. In addition, I'm speaking on behalf of multiple medical societies throughout the country that have given their scientifically and databased recommendations that tear gas and rubber bullets should not be used because of the risk of long-term health risks and because they can be used to injure permanently people who are not directly targeted by them. I would really recommend passing this bill based on the data that we have and not just on people's feelings or opinions. I think if we look at the data, both from the medical side and from the sociology side, that says that when tear gas and rubber bullets are used there tends to be an escalation of force, not a de-escalation as some believe, then it really shows that we have no benefit from using tear gas and rubber bullets either from a health perspective nor from a use of force perspective. Stated Meeting October 29, 2020 Thank you very much for your time.
Sorry. For a second I had to turn the music off. Yes, guys. Hello. I'm calling on behalf of the Bill 200538 of the use of non-lethal -
Yes. I'm calling on the statement regarding the Bill No. 200538 of the use of non-lethal weapons. So pretty much as of today, we have a situation with Walter Wallace, and the reason -- one of the reasons he was shot, Stated Meeting October 29, 2020 because police was under-equipped with the lack of the tasers that's non-lethal as well, and as of right now, police have the only option left is a lethal weapon. So any situation that is going on on the streets right now can easily turn from the non-violence into the violence, and all it takes is just one break -- or one person to break the law. If police have no options to react, the only options they will have, that would be a lethal weapon. That will create more tensions and it will create more problems in the future. So instead of preventing a crime, now we're going to create more crimes. And just by passing this bill, which is already in Constitution as First Amendment, now we're only going to demoralize already demoralized police that cannot perform their duties. So please like on behalf of the Somerton community, Far Northeast Philadelphia, this bill should not be Stated Meeting October 29, 2020 passed due to more damages in farther because all of those weapons, non-lethal weapons, shall be used in prevention to help the community. I do appreciate your time, and thank you for hearing me out.
Good morning. I'm Sharon Hartz, the President of the Korean American Association of Greater Philadelphia. It's my honor to have opportunity to speak and comment this morning. My testimony is towards Bill No. 200538. This past summer, 75 Korean American-owned businesses were looted, vandalized, and burned down. Since then, some of them have completely shut down, and many of them are still trying to recover from the damage. This week I received a report Stated Meeting October 29, 2020 of 17 Korean American-owned businesses being looted, and it's only increasing every night. We fully support peaceful protests and fully support our police officers. Unfortunately, individuals and (inaudible) individuals have taken the opportunity to use peaceful protests as an excuse to riot and to loot small businesses. The Korean American community has been severely impacted by these acts as small businesses were destroyed, along with the livelihood of the small business owners. While we understand why Bill No. 200538 may have been proposed, we are concerned about the lack of clarity on what constitutes First Amendment activities, how and through what process the Police Department or the City of Philadelphia will define such an activity, and how the police will respond if such an activity turns into something Stated Meeting October 29, 2020 else. We're concerned that the bill will take away the tools the police need to protect our citizens and the small business communities during this time of our great unrest. We would like to also ask the City of Philadelphia and the members of Council to acknowledge that while many peace protests are held in Center City, much of the rioting and the looting is happening in other parts of the City. The vast majority of the small businesses in our communities that have been impacted by rioting and looting this year have not been in the City -- only Center City. We continue to ask for help and additional police presence in these areas. Thank you.
That's the last Stated Meeting October 29, 2020 speaker we have on the public comment list, Mr. President.
Thank you. The Chair recognizes Councilwoman Gym.
Yes. Thank you very much, Council President. I wanted to say that Resolution No. 200580 will be held until a later session in order to clear up some misconceptions about the resolution.
And for the folks watching, is that the cyber charter bill?
I just want to make sure people understood. Thank you. Councilman Henon, did you want to be recognized before we start moving on the vote? (No response.) Stated Meeting October 29, 2020
We'll wait until he gets back. Okay. I know he had indicated he wanted to be recognized. Okay. That concludes our public comment session. We are now going to consider today's Bill Consent Agenda. I will ask Mr. Decker to read the titles of all the bills on the Consent Agenda. After each title is read, any member may object to the inclusion of the bill on the Consent Agenda. Upon such an objection and without debate, the bill will be immediately removed from the Consent Agenda and placed on our regular Final Passage Calendar. I think we already did that. Now, the Clerk will now read the titles of the bills on the Consent Agenda. Stated Meeting October 29, 2020
Bill No. 200417, entitled "An ordinance amending Title 4 of The Philadelphia Code, entitled 'The Building Construction and Occupancy Code,' and Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' by adding disclosure requirements with respect to certain applications, permits, and notices"; and Bill No. 200159, entitled "An ordinance amending Chapter 9-800 of The Philadelphia Code, entitled 'Landlord and Tenant,' to clarify and amend applicable procedures pertaining to the Fair Housing Commission, and to provide for the adoption of regulations"; and Bill No. 200252, entitled "An ordinance amending Chapter 9-1100 of The Philadelphia Code, entitled 'Fair Practices Ordinance: Protections Against Unlawful Discrimination,' to clarify that unlawful discrimination includes discrimination based on characteristics, such as hair texture and hairstyles"; and Stated Meeting October 29, 2020 200158, entitled "An ordinance authorizing Alterra Properties to construct, own, and maintain a proposed exterior building ramp and steps at 1401 through 15 Arch Street"; and Bill No. 200163, entitled "An ordinance establishing no truck parking regulations on Belfield Avenue between North 20th Street and Wister Street, and Ogontz Avenue between West Somerville Avenue and Lindley Avenue"; and Bill No. 200179, entitled "An ordinance amending Section 9-213 of The Philadelphia Code, entitled 'Farmers' Markets,' by adding a permissible location on Ogontz Avenue"; and Bill No. 200185, entitled "An ordinance amending Section 12-701 of The Philadelphia Code, entitled 'Designation of Bicycle Lanes,' to authorize bicycle lanes in the vicinity of Passyunk Avenue, from 61st Street to Essington Avenue and Essington Avenue, from Passyunk Avenue to Bartram Avenue; and making associated Stated Meeting October 29, 2020 regulations within the same limits"; and Bill No. 200186, entitled "An ordinance amending Section 12-701 of The Philadelphia Code, entitled 'Designation of Bicycle Lanes,' to authorize bicycle lanes in the Third Council District in the vicinity of South 49th Street, from Paschall Avenue to Grays Avenue; Grays Avenue, from 49th Street to Lindbergh Boulevard; and Lindbergh Boulevard, from Grays Avenue to Elmwood Avenue; and making associated changes to parking regulations within the same limits"; and Bill No. 200187, entitled "An ordinance establishing a no parking regulation on the east side of North 31st Street, between Jefferson Street and West Thompson Street"; and Bill No. 200209, entitled "An ordinance establishing parking regulations in the vicinity of: Green Street and North 11th Street; North 13th Street and Mount Vernon Street; Allen Stated Meeting October 29, 2020 Avenue; Wallace Street and North 12th Street; Lawrence Street and Poplar Street; Brandywine Street and North 10th Street; Berks Street and Girard Avenue"; and Bill No. 200210, entitled "An ordinance authorizing Walnut Street Theatre Corporation to construct, own, and maintain a proposed building overhang encroachment at 815 to 23 Walnut Street; and Bill No. 200211, entitled "An ordinance establishing no truck parking regulations on 5800 Musgrave Street"; and Bill No. 200259, entitled "An ordinance authorizing the construction, installation, ownership, use and maintenance of an open-air sidewalk cafe at 901 through 25 North Delaware Avenue"; and Bill No. 200373, entitled "An ordinance authorizing Gojjo Incorporated to install, own, and maintain a proposed sidewalk cafe at 4536 through 40 Stated Meeting October 29, 2020 Avenue"; and Bill No. 200388, entitled "An ordinance authorizing RPG Hamilton, care of Radnor Property Group, to construct, own, and maintain both existing and proposed pedestrian-scale street lights at 440 North 15th Street"; and Bill No.
200415, entitled "An ordinance establishing a no truck parking regulation on both sides of Tolbut Street, from Torresdale Avenue eastbound to the end of the roadway"; and Bill No. 200422, entitled "An ordinance authorizing the Philadelphia Chinatown Development Corporation, also known as PCDC, to own and maintain a pedestrian plaza, along the west median of the 10th Street and Vine Street intersection on the structure carrying traffic above Interstate 676"; and Bill No. 200423, entitled "An ordinance authorizing Keystone Property Group to construct, own, and maintain a proposed exterior building ramp at 100 Stated Meeting October 29, 2020 West"; and Bill No. 200495, entitled "An ordinance regulating the direction of movement of traffic on certain portions of Ludlow Street"; and Bill No. 200496, entitled "An ordinance amending Section 11-104 of The Philadelphia Code, entitled 'Curb Cuts,' to define curb cut and add prohibitions on curb cuts in order to facilitate the construction of transit platforms"; and Bill No. 200499, entitled "An ordinance authorizing Mark Capriotti to install, own, and maintain a proposed sidewalk cafe at 310 West Master Street"; and Bill No. 200500, entitled "An ordinance removing existing parking meters and regulations, as well as establishing an 'Authorized Vehicles Only' regulation in front of 7306 Castor Avenue and both sides of the 7300 block of Elgin Street"; and Bill No. 200517, entitled "An Stated Meeting October 29, 2020 5 of an ordinance (Bill No. "
Thank you. Thank you, Mr. Decker. These bills having been read on two different days, the question for each bill now is shall the bill pass finally. Mr. Decker, call the roll, and upon being called, each Councilmember shall vote aye on each of the bills, nay on each of the bills or indicate those bills for which the member is voting aye and those bills for which the member is voting nay. Mr. Decker.
Councilwoman Gilmore Richardson is voting aye on all bills. Councilman Green.
Aye on all Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING bills.
Aye on all bills. A majority of all members having voted in the affirmative for each of the bills, the bills on the Consent Agenda are passed. We will now consider the bills and resolutions on the regular Second Reading and Final Passage Calendar. Mr. Decker, would you please read the title of Resolution No. 200579.
A resolution honoring and commending Richard M. Gordon, IV for being named the 2021 National Principal of the Year by the National Association of Secondary School Principals and for his exemplary Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING leadership as the head of Paul Robeson High School for Human Services.
Thank you so much, Council President. It was a joy to hear from young people at this time to talk about a leader and an educational hero for them, especially since our city is dealing with so much challenges and pain. It is with great honor that I move for the adoption of this resolution. (Duly seconded.)
Thank you. It's been moved and properly seconded that the resolution be adopted. All in favor indicate by saying aye. (Aye.)
The Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Resolution No. 200580.
Oh, I'm sorry. My fault. Thank you. Mr. Decker, please read the title of Resolution No. 200581.
A resolution affirming all Philadelphians' First Amendment rights to protest and peaceful assembly, particularly in response to the upcoming presidential election.
Thank you. The Chair recognizes Councilwoman Brooks for a motion.
Thank you, Council President. Before I make a motion, I would like to say a few words about this resolution.
Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING Please.
I want to speak briefly about the intersecting challenges facing the people of Philadelphia and the people of the entire country this week. Last week, I introduced a resolution affirming Philadelphians right to protest and assembly. As you know, the right to peacefully protest is at the heart of our First Amendment rights and the foundation of our democracy. This Tuesday, our democracy as we know is on the line. The occupant of the White House is already contesting the accuracy and fairness of the election. Pennsylvania is a key swing state. On a number of occasions, the President has stated that he will not commit to a peaceful transfer of power if he loses. It is likely we will not know the results of the election on Tuesday night and for some time after. In addition to the right to Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING vote and freedom of speech, the right to protest is the main tool that our constituents have to ensure that every vote is counted and the results of the elections are upheld, and we have a reason to suspect that this right is under threat. We have already seen evidence that our current President's administration seeks to punish those who express this dissent. A few weeks ago my friend and community leader, Nancy Wynn, was arrested for peacefully protesting outside the home of the head of Immigrations and Customs Enforcement agency, or ICE. The protest was in response to the 24 immigrants that died in ICE custody last year, including seven children. Nancy was taken from her home in Philadelphia, from her two young children and detained for 22 hours on a littering charge. Remember, this is the same federal agency that has recently -- Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING has been recently exposed for conducting mass hysterectomies on vulnerable immigrant women. Now, the city we live in is different from the one that we lived in just a week ago when I first introduced this resolution. , a 24-year-old mentally ill black man, a husband, a father, a twin, was killed in cold blood by police in the streets of West Philadelphia. In many ways, this feels like a repeating nightmare. Once again, a black man was killed by police when he didn't have to die. Once again, our city has taken to the streets in grief and rage demanding justice and accountability. And once again, we are seeing the pain of generations of oppression, disenfranchisement, and violence spilled out and bubble over. And once again, we are seeing protesters being excessively brutalized at the hands of police. So I just want to take a moment Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING to connect all those dots here and be very clear. The White House has already threatened to send federal law enforcement agents to Philadelphia in the wake of Walter Wallace protests, and we can expect these protests will intersect with the demonstrations related to the election. The President has a track record of attacking his opponents and has stated that he will not willingly give up his powers. Non-violent resistance is critical to protecting our democracy and, therefore, we must affirm the right to peaceful protest and assembly. I want to thank you -- take a second to say a special thank you to the nine Councilmembers who co-sponsored this resolution - Councilmembers Gauthier, Gym, Gilmore Richardson, Green, Henon, Johnson, Domb, Parker, and Thomas. We are in a historic moment. As a black woman, I would not be here Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING today, would not even be able to vote, if it weren't for my family members, my ancestors, and my elders rising up in protests against these oppressive systems. To end, no one messes with Philly. We are grieving, we are hurting, but we are strong. I stand with my colleague Councilmember Gauthier in demanding a fair and swift investigation into the death of Walter Wallace and supporting the family through this difficult time.
We will overcome this difficult moment and continue to seek justice and protect our democracy together. Thank you so much, Council President, and I move for the adoption of this resolution.
Thank you, Councilwoman. It's been moved and properly Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING seconded that the resolution be adopted. All in favor indicate by saying aye. (Aye.)
The ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Resolution No. 200582.
A resolution honoring and congratulating Department of Licenses and Inspections Commissioner David Perri on his retirement from the City of Philadelphia and recognizing his exceptional leadership and accomplishments over a distinguished career in public service.
Thank you. The Chair recognizes Councilman Domb. Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING
Thank you, Council President. I move for the adoption. (Duly seconded.)
Thank you. It's been moved and properly seconded. All those in favor indicate by saying aye. (Aye.)
The ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Resolution No. 200583.
A resolution honoring and congratulating the Frankford High School Baseball team, on their successful 2019 season and conference 11 to 3 record in the Philadelphia Public League. Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING
Thank you, Council President. I move for the adoption of the resolution as we continue to honor a champion of the week every week. (Duly seconded.)
Thank you. It's been moved and properly seconded that the resolution be adopted. All in favor indicate by saying aye. (Aye.)
The ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Resolution No. 200584.
A resolution recognizing October 2020 as Filipino Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING American History Month in the City of Philadelphia.
Thank you very much, Council President. I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. All those in favor indicate by saying aye. (Aye.)
The ayes have it, and that resolution is adopted. Mr. Decker, Resolution No. 200585.
A resolution recognizing and honoring the Russian-language newspaper, "Philadelphia Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING News," on the occasion of its 25th Anniversary in print media.
Thank you very much, Council President. I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. All those in favor indicate by saying aye. (Aye.)
The ayes have it, and that resolution is adopted. We will now move forward on Bill No. 200538. Am I correct, Mr. Decker?
Yes, Mr. President. Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING Bill No. 200538 -- is there an echo, Mr. President?
I sound okay? Could we get the members to put their mics on. I see a few members have their mics still open. Thank you. Bill No. 200538 is an ordinance amending Title 10 of The Philadelphia Code to create a new Chapter 10-2500, entitled "Less Lethal Devices," to regulate the use of less lethal devices in specific situations.
This bill having been read on two different days -- Councilman Oh and Henon, did you guys want to speak?
Council President, I did want to make a comment. I see that the bill sponsor would like to make a brief comment as well.
Okay. Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING
Council President, this is Councilman Bobby Henon. I'd like to be recorded as -- I have to step away for Council business, but I would like to be recorded as voting aye on all bills and resolutions that remain on the Calendar for today, and Bill No. 200538, I'd like to be recorded as no.
Okay. Councilman, that was taken off the Consent Agenda, so that bill is up now.
Okay. So I'll stick around for this one, but any other bills that are on the voting agenda, I would like to be recorded as voting aye.
Okay. Councilwoman Gym, did you want to be recognized now?
Yes. Thank you very much, Council President. Walter Wallace, we say his name Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING and we honor his memory. Our city is in mourning and hurting. When our City Council committee initially embarked on this effort to talk about what happened back in May and June, we did so with the belief that it was important to talk about truth-telling, about accountability to center the voices of our residents if we are to have a chance and a process at repairing trust and at re-imagining policing and public safety. The individuals who testified over seven hours and two hearings did so at great personal pain, but with an unrelenting belief that things had to change. Their words are the foundations of this bill. Their pain is unacceptable, and their courage calls us to the task of building a more just Philadelphia. I want to express gratitude to our City Council Public Safety Committee for the deep compassion, partnership, thoughtfulness, and rigor which they Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING brought to the hearings and plannings around this bill and to the public listening session. I especially want to thank our Committee Chair, Curtis Jones, Jr., for being a wonderful partner and a thoughtful leader. And if I could just take a special moment of gratitude to express my heart to Councilmember Jamie Gauthier, who was also deeply devoted to this effort and whom we have been working very closely with together through this most recent tragedy. I want to thank all the testifiers who took the time to speak. Their words hold us accountable. And in particular, I'm reminded of the words of Mr. Jaunty, who said I'm black in America and I still fear for my children, the courage and words of ordinary Philadelphians who demanded more of us. This bill is supported by the Administration. I do want to take just a brief moment to clear up some misconceptions Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING about the bill. This bill does not unilaterally remove less lethal devices such as tear gas, rubber bullets, pepper spray or the like from the Police Department's arsenal. It clearly states that they may not be used against any individual engaged in First Amendment protected activities, not First Amendment related, First Amendment protected. I have seen misleading quotes that somehow denying the Police Department the use of these weapons will force them to escalate and use actual lethal weapons. This concept is not only ludicrous, but it is an insult to professionals within the Police Department, including the Civil Affairs Unit and others who understand and utilize crowd control management and de-escalation tactics. I have been in plenty of demonstrations over two decades of organizing that did not result in the Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING kind of violence and chaos we witnessed in May and June of 2020. This bill calls upon the Police Department to set aside its weaponry when people march and protest. Tear gas, rubber bullets, and the like had not been deployed in this manner for decades, and we have mannered all manner of protests over the last 20 years. It does challenge the Police Department and our City leadership to engage in a rigorous exercise over what constitutes First Amendment activity, and for that, I am grateful for Councilmember Brooks' resolution that clarifies that. The response from the City to this spring's Black Lives Matter protest undid years of collaboration and work. This bill is the first step towards reaffirming that public protest is not at odds with public safety, and responses to public protests should not compromise public safety, plain and simple. As we look for the days ahead, Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING we will be called to task once again, but this bill is the first step to clearly say black lives matter. Thank you, Council President.
Thank you, Councilwoman. Councilman Oh, did you or did you not want to speak on this bill?
Thank you very much, Council President. I will be voting no on the bill. People have a First Amendment right to free speech, and that includes the right to protest, and in our country today, there are so many people who are protesting. They have very, very different views and there are many frustrated and angry people, and they have every right to march, to rally, to protest. However, that ends when they Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING break the law. They cannot break the law and violate other people's rights. And we are coming into a discussion now about what is a peaceful protest. Because I feel it's peaceful, it should be peaceful. That's a very subjective view, and what that does is to create a selective enforcement problem, and that's what we have seen. One of the things that has occurred is that people have gone out into the middle of the highway and blocked other people's travel. They may be blocking four or five cars, but that can set back for two or three miles, and every one of those people in those vehicles have something to do. And their opinions may be absolutely in support of the protesters, but that's not the point. The protesters went out into the highway, blocked the traffic, indiscriminately of anyone's needs and concerns, and that's illegal and unlawful. And they were told to leave, and they did not leave. Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING Now, I don't tell them to leave. I'm a Councilman. We have City workers who are charged with that responsibility, and they are law enforcement, and it is their job to go onto the highways for the safety of those protesters, for the safety of the people in the vehicles and to ensure that no people in the vehicles get out of their cars or run into the protesters or pull out their guns. That's why the police are there. And they have a level of tool, and one of the tools that they used after it was approved by the Managing Director and his body of executives in conjunction with the police commanders and the commanders on the street was to deploy tear gas, and from what I've seen -- and I was not there -- they deployed a canister that caused the group of people to move in another direction, but then they stopped and they would not get off the highway, and then the police deployed more canisters. Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING So they were warned and told and they were given every opportunity to leave the highway, and they did not. And that deployment of tear gas is for the safety of them, the police, and every motorist that is on that highway. Now, the result of which is that a Deputy Police Commissioner demoted himself, the Managing Director resigned, the Mayor apologized, and one of the police officers is being, I believe, prosecuted. That is a chilling effect. We're going to find out what should or should not have happened, but what I am saying is that how does -- how do the police respond when they are being told by our city to go out and quell riots, violent protests? And by the way, I live near 52nd Street. That place was lit up, fires, violence, assaults, cars being smashed into each other. And so the police have a tool to disperse large groups of people, hundreds, thousands of people, and that's Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING called tear gas. It is a non-lethal force if you get out of the way of the floating gas. And, yes, it will float into people's homes. Better their homes have tear gas than be set on fire. There's no perfect situation when people will not comply. The idea that someone can come to your home, stand on your porch with 50 people and protest you, you may feel frightened, you may feel afraid, you may call the police. They have no right to violate the law. Criminal trespass is a violation, and the reason it's a violation, it makes people want to react, and we do not want people reacting.
This chilling effect is endangerment of police and others. Listen, I agree 100 percent and I have not met one police officer who did not agree about the issues involved in George Floyd. We all saw it on the video and the need for reforms, but taking away tools and then saying that we get to pick and choose which activity is a First Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING Amendment activity. What about a group that we disagree with occupying the highway? What about their protests? Do we use tear gas on them because -- if people perceive that the police will not do their job because they are told not to respond, not to arrest and we have looters shooting looters, people take matters into their own hands, as they are doing now with skyrocketing gun purchases. The largest demographic of people purchasing guns are African American women. Why is that? People do not feel safe. They will defend themselves if they continue to believe that the police are being hampered, being blamed to the extent the police will not respond. And what I'm saying is, one, while there is not much wrong with this bill on its face, it does raise the question what is a peaceful activity, what is a First Amendment activity, who is making that decision, and ultimately Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING what happens when the police choose not to respond or the people wrongfully, rightfully believe they have to take matters into their own hands. Anyway, that is the reason I will vote no on this bill. Thank you.
Council President, I have a point of information for the sponsor.
Thank you, Councilman. The Chair recognizes Councilman Green.
Councilmember Gym, when was the last time the Philadelphia Police Department used rubber bullets or tear gas in the City of Philadelphia?
In a First Amendment demonstration, it was our understanding that it had not been deployed since early 2000.
Okay. And what was the nature when it was used in Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING early 2000?
On a peaceful demonstration, we are still requesting that information from the PPD.
Okay. But based on your knowledge and perspective, has it been a significant period of time since that's been used before?
It has been a significant period of time since between May and June of 2020 to the time that it was previously used. The Police Department has been able to manage all manner of civil demonstration and protest without resorting to tear gas. And as I said, I don't -- I think that Councilman Oh might not have been able to hear all of the testimony that was presented by individuals, but it was very clear that there was not information that is Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING traditionally given to individuals who are protesting about when tear gas was going to be deployed and their rights to depart the scene.
So we give the police the discretion to use various tools at their disposal, and based on your information, they've only used tear gas and/or rubber bullets I think 2000 and then this past spring and then probably a long time before that; is that correct?
Well, I can only speak to 2000. I cannot speak to what happened before then, but certainly in the last 20-plus years, this has not been a tactic that's been used in a civil demonstration.
Mr. President, point of information. Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING
I was a part of -- I actually chaired the Public Safety hearing on this munitions bill, and what it boils down to is that peaceful protest is respected by all. I don't think a person in this chamber, virtual chamber, is against that. I think what is in question is when these levels of force should appropriately be used, and clearly in the case of the I-76 issue based on the testimony I heard, clearly in West Philadelphia, which has been a historic place where residents have been literally taken up arms against, these were inappropriate. These were inappropriate. We heard dozens of families in terror, from little children to senior citizens, not understanding why their government was moving against them. And I know of not only just the testimony but people who felt threatened that just -- Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING the only mistake they made was living in Southwest Philadelphia. They weren't a part of the protest, but yet they were a part of the assault, and we have to -- we attempted to get clarification, because one of my good colleagues wanted clarification. I'm going to put him on blast a little bit. Councilman Squilla, a thoughtful member, wanted to know what levels where there were appropriate use of these kinds of munitions, and we were about to get that clarification when the Wallace shooting occurred and the Commissioner had to cancel. So I want it hard to use force against citizens, to be honest. I want it more thoughtful and that there be more steps, because, I mean, there's a lot of political feelings that sometimes spill over to public policy and the implementation of that policy, and if you don't believe me, all you have to do is look on Facebook and see where we had a report where there were police officers Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING sharing their true feelings about how they felt about citizens. So with all due respect -- and you know when you say that, the disrespect is coming -- I am going to vote in favor of restraint, and we will carefully evaluate when those levels of force should be implemented. But we need to be more thoughtful, not less. Thank you, Mr. President.
Mr. President? I'm sorry. This is Councilwoman Bass. I was wondering if Councilwoman Gym could respond to Councilman Oh's commentary earlier. Can I just get a response to some of those points?
Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING Councilwoman Gym, do you choose to respond?
There were a lot of them. Was there one in particular, Councilwoman Bass, that you wanted me to respond to? I think my initial statements tried to address some of the misconceptions about the bill and, in particular, recognizing the anguish of many of our commercial corridors and others. These are separate issues. They are not related. This bill allows the Police Department to craft a policy that allows it to define how First Amendment activity will be treated, but when it is identified as First Amendment activity, tear gas, rubber bullets, less lethal weaponry will not be permitted against those who choose to take to the streets and march for a better tomorrow. We tried to make that very clear in the bill. I think it became very clear in the testimony. Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING Clearly, I think as we are seeing across our city today, we will be called to task, but we should be. We should be asked to hold ourselves to the highest of standards. We know what happens when we don't.
This is probably one of the hardest votes, I'm just going to say, the hardest votes that I've ever taken in Council. I think that as a member who is on the ground and in the neighborhood and I see the effects, the psychological effects, of bad interactions with the police on people from our community. I see it every single day, and it's not a one and done. It's a lasting interaction. So when you have a negative interaction with the Police Department, with a police officer, it's a problem that carries on, particularly for African American men. It will carry on for a lifetime. And so obviously we do want to be less lethal when it comes to those Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING interactions, but at the same time, I'm just thinking about what Councilman Oh was referencing back on 676 back in the spring with the protests and blocking traffic, and those weren't the guys from the neighborhood who were having those same negative interactions. Those weren't the folks from the neighborhood who have had problematic relationships with the police, but these were the folks who were -- tear gas was used. So I guess my overall question is, if we -- let's say your bill, this bill, had passed last year or prior to 676, then what would have been the response or the ability from the Police Department if this bill was already in place? Can you give us some sense of that?
I think it would have been what we have right now, which is there's a full moratorium on tear gas, rubber bullets being deployed in a First Amendment situation. And so Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING the -
But what would the police -- what options would they have had, do you think?
What they're using right now and what they used in the last 20 years, which has not been to wildly shoot rubber bullets into a crowd or tear gas an entire residential neighborhood in West Philadelphia or to pull down the bandanas of people kneeling on 676 and spray them directly in the eyes at point-blank range with pepper spray, along with the other types of violence. We are a city that is hurting and is in pain. There's no question about all of that. And I understand that we have a large city to serve, including our police officers, but we need to figure out how to rein it in. And the violence and the levels of reaction that we're seeing with members of our own police force is something that we have to Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING address, and there are plenty of -there's 150 lawsuits about it. There's outreach and there are bills that we have passed that are very similar to this, including the chokehold ban, which, again, leaves it within the Police Department to craft the policy. City Council is not authorizing -- is not itself authoring or writing a policy for the Police Department. It's simply mandating that one exist.
I'm sorry. Thank you. I was there on 52nd Street. I don't know if Councilmember Oh was there and if he participated in hearing all of the stories that were shared during the listening session. And from my perception being there on the corridor, Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING it went from no planning and no response. So it went from cops literally ducking behind their cars to tanks and tear gas, right? And I think that if we take -- if we make it as hard as possible to use this type of response, particularly in a residential neighborhood, it will force us to plan better. We don't need to -- it went from 0 to 60, right? And then once you're at war in a neighborhood, that's where you are, you're at war in a neighborhood. And people are going to be affected who have no participation in what's happening. And so we absolutely need to make it as difficult as possible to use these type of weapons and tools in the areas where people live.
I'm not saying that at all. Let me just clarify. I'm not saying at all that we should be pulling out tear gas or rubber bullets every five minutes. That's not at all where I am. I guess what I'm saying is, Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING I want to know if things get out of hand, what is the expected response, but I understand Councilwoman Gym's response, which is that what we are legislating here is not -- we are not telling them what to do, but just basically to re-craft the policy, to take another look, come up with something better, something that's more appropriate in the 21st century. So that's what I'm taking your conversation or the comments that you just made to mean. And my last question to the Councilwoman is, have we spoken with Commissioner Outlaw on that?
Yes. Commissioner Outlaw testified and submitted official testimony. It is backed by the Administration, and that was made clear. To be -
Commissioner Outlaw came forward on the continuation of the hearings and the listening session Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING to hear from individuals. To be clear, the Police Department does not have a current policy. They issued and established a moratorium, and what we're doing is requiring that a policy exist, but as you said, we are not writing that policy. We are requiring that in this time, more than ever, when we have federal officials involved here in our city, when the head of the Department of Homeland Security and the ICE Director come here to announce that they're going to do immigration raids on our city less than two weeks before, when the U.S. Attorney here is talking about charging protesters who are released without charges a few days earlier, that we have to make clear that First Amendment activity is protected and that there are rules of engagement around it. There are none, and there need to be them.
Thank you for the clarification. Stated Meeting October 29, 2020 10/29/20 - STATED - 2ND READING