Friday August 22nd, the Pennsylvania Supreme Court ruled that the City of Philadelphia did indeed have authority to grant SugarHouse Casino a permit to build its project on public, submerged land (riparian land), but did not have the authority to revoke that permit upon further review. The decision surprised Philadelphia lawmakers Senators Vince Fumo and Mike Stack and Representatives Mike O'Brien and Bill Keller, who had filed against SugarHouse arguing only the state had that authority. They issued a joint news release calling on the General Assembly to make state authority over riparian lands unambiguous and asked for a federal review.
"These lands are held in trust as dictated by the state constitution, and the legislative branch has the authority to manage assets of the commonwealth. The judicial branch obviously overstepped its bounds in this case," said Representative O'Brien in the statement released today.
The City had argued both that it had the right to issue the permit and then therefore the right to revoke it, but later changed its argument, agreeing with state lawmakers, after Governor Ed Rendell signed legislation into law enabling building on submerged lands and reaffirming the state's sole authority in the matter.
Nonetheless, in an opinion written by Chief Justice Ronald D. Castille, the Supreme Court asserted that the 1907 law SugarHouse and the City Commerce Department under former Mayor John Street relied upon gave the City the right to issue a building license. Although certain powers were subsequently transferred from the City to the State in the Dam Safety Act of 1978, the right to permit construction on riparian land was not, asserted Castille. He described the process by which the City granted the license "the legitimate exercise of the authority reposed in the former director of commerce."
Today, Governor Ed Rendell and Mayor Michael Nutter convened a meeting with local elected representatives and Foxwoods Casino to discuss the possibility of resiting their project. Foxwoods has agreed to look at alternative sites, not on the riverfront, within the City of Philadelphia. It will be all over the news tomorrow: Daily News, Inquirer, planphilly.com. Kudos to our electeds: Mayor Nutter, Senator Vince Fumo, Representatives Mike O'Brien and Bill Keller, and Councilman Frank DiCicco. Thanks to Representative Dwight Evans and Governor Rendell too. Hell, thank you Foxwoods for opening your corporate mind a jot. But most of all, thanks to all those tough Philadelphians out there who have hung in for, literally, years. It's a surprising turn of events in a timeline full of the constant pronouncement that the whole thing was a 'done deal'. Of course, the fight's not over, and SugarHouse has yet to come to any table. "Cautiously optimistic" would sum up the mood of those of us who've been pressing for resiting.
I was there before the meeting today. I got the Casino Free Philadelphia (CFP) email announcing another protest today since the one yesterday went so well. I didn't think I could make it, but at the last minute I had the chance to grab my camera and go. I even parked in the garage across from City Hall; that was the fastest way to get the story and I wanted that story.
When I arrived at Dilworth Plaza I was disappointed. There were a handful of protesters around a big "Don't Ask, Just Tell" sign. The press consisted of me and Chris Brennan of the Daily News- he made a crack about what 'consolidation' has come to. It was funny. Activist Debbie King asked Chris to shoot a picture of them behind the sign; he did. She wanted me to come stand with them, my compatriots in this two year slog. I said, I can't, I'm writing about it.
Unisys Corporation will re-appear before Philadelphia's Zoning Board of Adjustments tomorrow to finish its presentation seeking a variance from sign control laws protecting the aesthetic character of our city's skyline.
SCRUB will present testimony in oppostion to the proposed accessory signs. Center City Residents Association, Logan Square Neighborhood Association, Queen Village Neighborhood Association and Society Hill Civic Association have also submitted letters in opposition to the signs. Attorneys representing residents of Two Liberty Place and its developer will also present testimony.
Do you vote? Would you like to be able to see the election results your tax dollars paid for on the City's web site? If so, please take one minute to submit a request for access to the City's password protected election web site. You may do so here. The appropriate legalese has been written for you-- all you need to do is add your name and address.
What's going on? Activist Dan Urevick-Ackelsberg recently asked the city's election officials to ditch the passwords and allow the public to view the election results. Residents of the suburban counties have been able to do this for years (check out Chester County's election web site.)
No brainer, right?
In Philadelphia things are never that simple. Three independently elected officials called the City Commissioners run our city's elections. The Commissioners refused Ackelsberg's request.
The Pennsylvania Horticultural Society (PHS) will lead more than 25 teachers in creating a school garden as part of its Green City Teachers program on Wednesday, July 9th at Hackett School, 2161 E. York Street. The event will start at 10AM.
Now in its second year and made possible with funding form the Burpee Foundation, Green City Teachers shows Philadelphia-area teachers how to incorporate horticulture and environmental education into their curriculums. Burpee recently awarded PHS $50,000 to continue the program for a third year.
In light of global warming, childhood obesity, and rising costs of food, an increasing number of teachers in Philadelphia- and across the country- are interested in creating school gardens to connect students to the environment and improve science and nutrition education.
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