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Governor to Community Groups: Drop Dead
By Ed Goppelt
Tuesday, 11/30/04
(1101870486988)
Turning a deaf ear to community groups and residents throughout the
City, Governor Ed Rendell signed House Bill 1954 into law today which
will abolish the right of any Philadelphia taxpayer to challenge zoning decisions in Court.
The new law will make it much harder for community groups and residents to have a say in their neighborhood's development. Before they can argue the merits of their case, residents and the civic groups will now have prove that they have legal standing. Under the new law only those who are "detrimentally harmed" by a zoning decision will have recourse to the Courts.
The Bill is widely perceived as the third attempt by the Billboard industry to muzzle community groups. One group, SCRUB, the Society Created to Reduce Urban Blight, had used the Courts very successfully to challenge illegal billboards. Earlier attempts in 2002 (Senate Bill 1100) and in 2001 (Councilman Frank DiCicco's Bill 629) failed in the face of stiff opposition from community and civic groups.
Once again Philadelphians expressed their strong opposition to having their legal rights curtailed, e.g., 451 letters were sent via Hallwatch's Faxbank, but this time the billboard companies prevailed.
Originally, House Bill 1954 was intended to give the City permission to raise its fines. However, shortly before legislators went home for the year, the Bill was amended to include the zoning provision. Legislators then unanimously passed the revised Bill during a midnight session. No public hearings were held.
The Governor's Press Secretary Kate Philips described the zoning provision as "an unintended consequence of the Bill." Philips argued that the benefits to the City of higher fines outweighed an loss to Philadelphians' rights.
The Governor disapproved of the way the Bill was amended, said Philips. "The Governor does not believe that's the way to do business." Nor was the Governor in a position to do anything about the way the public is denied a say in legislation that concerns them but "he wants to encourage [the legislature], but the Governor has no authority over the legislature or their calendar."
The Governor has no plans to repeal the zoning provision according to Philips. Vetoing the bill and passing the bill again next year was not an option: "this legislature gave no indication that it would pass it again next session."
Although House Bill 1954 passed unanimously, no legislator will admit to being the Bill's author. Who among Philadelphia's 33 legislators knew about the amendment, and why didn't they alert the public?