COUNCIL OF THE CITY OF PHILADELPHIA1 COMMITTEE ON STREETS AND SERVICES - - - Room 400, City Hall3 Philadelphia, Pennsylvania Tuesday, June 7, 2011, 6:15 p.m.4 - - - Bill 100386 - An Ordinance amending Chapter 10-600 of The Philadelphia Code, entitled7 "Public Places - Prohibited Conduct," by amending Section 10-611, entitled "Sidewalk8 Behavior," by amending the process to be followed prior to taking coercive action for9 violations of the Section, under certain terms and conditions.10 COMMITTEE MEMBERS PRESENT:12 Frank DiCicco, Chair13 Bill Green William K. Greenlee14 Curtis Jones, Jr. Donna Reed Miller15 Maria Quiñones-Sanchez Also Present: Jannie L. Blackwell16 - - -17 2 6.7.11 - STREETS & SERVICES - Bill 1103861 COUNCILMAN DiCICCO: Good2 evening, everyone.3 Sorry for the delay. There4 have been a lot of discussions that have5 been going on about this very important6 issue.7 At the onset, I just want to8 thank everyone for engaging in this9 discussion. It's been for a few weeks10 now, I guess, it's been going on. There11 have been a lot of back-and-forth. I12 know it's a very emotional issue for lots13 of folks. I'm happy to say I believe14 we've reached an understanding.15 And for those of you who are16 here to testify either for or against the17 bill, with your permission and the18 permission of this committee, we will19 only from present two witnesses: Sister20 Mary Scullion and Paul Levy.21 And I believe my colleague,22 who's not a member of this committee, may23 want to say a few words at the end,24 Councilwoman Blackwell who I've been25 3 6.7.11 - STREETS & SERVICES - Bill 1103861 working with on this issue for the last2 few weeks pretty much around the clock,3 and my colleagues on this committee have4 also been offering ideas, suggestions,5 and recommendations as well.6 With that, the public hearing7 on the Committee of Streets and Services8 is now back in session. You folks decide9 who will speak first.10 SR. MARY SCULLION: Okay.11 Councilman DiCicco, you're going to first12 do the amendment to the bill?13 COUNCILMAN DiCICCO: Well, you14 can speak --15 SR. MARY SCULLION: I mean16 because we -- people should know that we17 amended the amended --18 COUNCILMAN DiCICCO: We amended19 the amended -- okay, there's a new20 amendment.21 (Indiscernible; parties talking22 over each other.)23 COUNCILMAN DiCICCO: Okay. But24 that will be done in the public meeting.25 4 6.7.11 - STREETS & SERVICES - Bill 1103861 This is just the public hearing, you get2 comments. And then we'll go into the3 public meeting and do the amended amended4 bill.5
Great. My name is6 Paul Levy. I'm President of the Center7 City District. I'm delighted to be8 sitting here with Sister Mary Scullion.9 She and I have worked together on this10 issue and disagreed about this issue for11 18, 19 years.12 We have agreed on 95 percent13 and disagreed on 5 percent, and I'm14 delighted to report that I think we have15 a compromised middle ground that works16 for the businesses and residents and17 hospitality industry and respects the18 extraordinary work that Mary and all the19 people who are fighting to end20 homelessness are doing.21 And the compromised bill leaves22 in place in the sidewalk behavior bill23 all of the protections of the sidewalk24 behavior bill which require first the25 5 6.7.11 - STREETS & SERVICES - Bill 1103861 calling of outreach in enforcing any of2 the violations specified under the3 sidewalk behavior bill.4 (Applause.)5
The amendment also6 recognizes that City law does not7 supersede State law. And in the8 definition that the State provides of9 disorderly conduct -- that is, engaging10 in fighting or threatening or in violent11 or tumultuous behavior, making12 unreasonable noise, making obscene13 language or making obscene gestures,14 creating a physically dangerous or15 hazardous condition -- that is disorderly16 conduct, as defined by the State law that17 goes to behavior and not a person's18 status in life. That is not covered by19 the procedures of the sidewalk behavior20 bill.21 So my example: If I went out22 into the street dressed like this and23 started swearing and screaming and24 fighting, I should be arrested for25 6 6.7.11 - STREETS & SERVICES - Bill 1103861 disorderly conduct. It's behavior, not2 status in life.3 So the compromise is: All of4 the procedures that were outlined in the5 sidewalk behavior bill remain in place,6 but the behavior defined as "disorderly7 conduct" under State law is not covered8 by that. The police, of course, could9 and may call outreach in the event of a10 302 commitment process that would happen.11 But clearly, disorderly conduct can be12 enforced by the police, as it would be13 for anyone regardless of status in life.14 That is my understanding of the15 compromise we've reached.16 COUNCILMAN DiCICCO: Thank you.17 Sister Mary.18 SR. MARY SCULLION: And, you19 know, on behalf of men and women that are20 experiencing homelessness especially and21 folks that are out there on the streets22 and all the people, our colleagues, you23 know, the vast community of people, we24 think that this is a great -- we think25 7 6.7.11 - STREETS & SERVICES - Bill 1103861 that this is a good compromise. And we2 think that this is a victory because it3 does address the major concerns about4 criminalization that we've raised here.5 So we're very happy about the6 amended amended bill.7 (Applause.)8 SR. MARY SCULLION: And on9 behalf of everyone here present,10 including Paul and the folks in Center11 City that work hard for a quality of life12 for everyone in Center City, we think13 that this is a way to achieve it.14 We also recognize that there's15 been tremendous strides with the police16 and others when people who have a serious17 mental health disability, that we will18 strive even harder and find even more and19 effective ways the reach out to those20 folks so that they are not in any way21 harmed; if they're in a crisis that they22 get the right kind of treatment and care.23 And so, we really are thrilled24 to be here to, you know, say that this is25 8 6.7.11 - STREETS & SERVICES - Bill 1103861 amendment is a good way for us to2 proceed, and it really acknowledges the3 tremendous strides that have been made4 through the City of Philadelphia to end5 homelessness.6 And we hope that together,7 we're going to be here in another year or8 two or three saying that we have ended9 homelessness in the City of Philadelphia.10 So we appreciate it and --11 (inaudible due to applause here).12 And we especially want to13 recognize Councilwoman Jannie Blackwell14 for her tireless efforts and negotiations15 in -- (inaudible here due to applause,16 standing ovation).17 And we'd also like to recognize18 Councilwoman Sanchez, Councilwoman Donna19 Reed Miller, Councilman Jones, and20 Councilman Green, who also spent a lot of21 time, and their staff were phenomenal in22 trying to negotiate this. So we really,23 really appreciate all of your efforts as24 well.25 9 6.7.11 - STREETS & SERVICES - Bill 1103861 COUNCILMAN DiCICCO: Thank you.2 SR. MARY SCULLION: And thank3 you, Councilman Greenlee and Councilman4 DiCicco, too.5 (Applause.)6 COUNCILMAN DiCICCO: Thank you.7 With that with and your8 permission, I would like to now go into9 the public meeting, unless anyone feels10 that it is absolutely necessary to make11 any comments.12 I asked Jannie; she said no.13
Councilman, if I14 could just thank you for your leadership15 and Councilman Green. I know as a16 Catholic, you can't do this, but as a17 Jewish boy, I'm going to hug a nun.18 (Laughter.)19 (Witness comes forward.)20 COUNCILMAN DiCICCO: Sir? One21 there's gentleman that would like to --22 you need to come up to the table.23 Sir, we're going to limit this24 to two minutes. We've been here long25 10 6.7.11 - STREETS & SERVICES - Bill 1103861 today, and we were here last week on2 this. So with your -- no disrespect, but3 we're going to limit this to two minutes.4 Please identify yourself for5 the record.6
I am the7 Reverend Dr. James Rudisill from the8 College of William and Mary.9 I'm doing a study of10 homelessness in America, similar to Alex11 DeTocqueville, when he did a study of12 democracy in American. And research has13 been primarily for presentation to the14 Kennedy School at Harvard later this15 fall.16 And in studying homelessness in17 America, I find it a very sad situation18 that here, in the birth place of19 democracy, where we penned the words "We20 hold these truths to be self-evident that21 all men are created equal and endowed by22 their creator with certain unalienable23 rights; the rights to life, liberty and24 the pursuit of happiness" --25 11 6.7.11 - STREETS & SERVICES - Bill 1103861 (Applause.)2 And having spent time with our3 homeless community here in Philadelphia,4 I find a shameful situation where people5 wallow in the streets, like in6 Kensington, up under the el, with needles7 hanging out of their arm; garbage8 uncollected in our city; streets that9 smell like filth; rats, vermin, feral10 cats running around; people that can fall11 over and practically die, screaming for12 help, and the police won't help them, the13 hospitals won't help them 'cause they've14 been there too many times, strung out on15 drugs. We have open prosecution up at16 Huntington, in Kensington, and several of17 the stops. You see prostitutes18 soliciting. You find people that will19 greet you, even if you're dressed like I20 am. Do you want some work? Do you want21 some dope? Do you need some drugs?22 If you were to go to Third and23 Indiana, you would not be safe; you would24 likely be killed if you walk down by the25 12 6.7.11 - STREETS & SERVICES - Bill 1103861 railroad tracks, where it's literally2 sometimes two or three deep in needles,3 people with spoons --4 COUNCILMAN DiCICCO: Reverend,5 excuse me, please.6 (Indiscernible; parties talking7 over each other.)8 COUNCILMAN DiCICCO: Excuse me9 for interrupting.10
Yes, sir.11 COUNCILMAN DiCICCO: I need you12 to summarize and wrap up. You've13 exceeded your two minutes.14
It's also a17 shame that these teams of attorneys can18 debate for hours about how to prettify a19 building, but our citizens are dying in20 the street, and you limit it to two21 minutes and one comment when you have so22 many people that can inform you and23 (indiscernible).24 COUNCILMAN DiCICCO: Thank you.25 13 6.7.11 - STREETS & SERVICES - Bill 1103861
So thank2 you for listening.3 COUNCILMAN DiCICCO: Thank you.4 This concludes the public hearing.5 (Applause.)6 This concludes the public7 hearing on the Committee on Streets.8 * * *9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 6.7.11 STREETS & SVS. PUBLIC MEETING1 COUNCILMAN DiCICCO: We will2 now go into the public meeting.3 The Chair recognizes Councilman4 Greenlee.5
Thank6 you, Mr. Chairman.7 I move the adoption of the8 amendments to Bill No. 110386 be9 approved.10 (Motion duly seconded.)11 COUNCILMAN DiCICCO: It's been12 properly moved and seconded that the13 amendments to 110386 be approved. And14 when I say "amendments," one of the15 amendments is at the request of16 Councilman Clarke, who represents the17 Fifth, No., 5 the Fifth Councilmatic18 District. He's asking that his district19 be removed from this legislation.20 All in favor?21 Those opposed?22 The ayes have it.23 Councilman Greenlee.24
Thank25 15 6.7.11 STREETS & SVS. PUBLIC MEETING1 you, Mr. Chairman.2 I move that Bill No. 110386, as3 amended, be reported out of this4 committee with a favorable recommendation5 and that the rules of Council be6 suspended to allow for first reading at7 our next session of Council.8 (Motion duly seconded.)9 COUNCILMAN DiCICCO: Thank you.10 It's properly moved and11 seconded that Bill No. 110386, as12 amended, be reported out of this13 committee with a favorable recommendation14 and that rules of Council be suspended.15 All those in those favor.16 Those opposed?17 Motion carries.18 This concludes the Committee on19 Streets and Services and services.20 Thank you.21 (Applause.)22 (Proceedings end at 6:29 p.m.)23 * * *24 25 16 C E R T I F I C A T E1 2 I HEREBY CERTIFY that the3 proceedings of the City of Philadelphia4 Council Committee on Streets and Services are5 contained fully and accurately in the6 stenographic notes taken by me on Tuesday,7 June 7, 2011, and that this is a true and8 correct statement of same.9 10 11 12 _________________________________ 13 JOSEPHINE CARDILLO Registered Professional Reporter14 15 16 17 18 19 (The foregoing certification of20 this transcript does not apply to any21 reproduction of the same by any means, unless22 under the direct control and/or supervision of23 the certifying reporter.)24