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Rep. Cohen Spearheads Repeal of Stealth Bill
By Ed Goppelt Friday, 02/04/05 (1107538673334)
State Rep. Mark Cohen is calling on his colleagues to repeal a new law which makes it much harder for Philadelphians to to be heard on decisions affecting the development of their neighborhood and City. House Bill 1954 takes away the right of any Philadelphia taxpayer to appeal zoning decisions to Court.

In a memo seeking co-sponsors for his repeal bill Cohen writes "All over Pennsylvania citizens and community groups have the right to appeal zoning decions--except in Philadelphia. If this law stands the right of historical societies, preservation groups, crime watch organizations...will be be at risk as development interests seek to expand this law to other areas of the state."

SCRUB Executive Director Mary Tracy supports Cohen's repeal bill: "I see it as a very good sign. Our elected state representatives have heard the opposition from their constituents and realize House Bill 1954 has the potential to harm long standing rights of Philadelphia citizens. At the end of the day our legislators realize that they're here to protect our rights, not help remove them."

Rep. Cohen's Chief of Staff, Mike Cassidy doesn't think the repeal effort will be easy: "It's always easier to do nothing than pass legislation. It's hard enough when there isn't organized opposition and I think there will be organized opposition."

Cassidy recommends that Philadelphians "call their state representative and ask them to co-sponsor the legislation."

Tracy agrees: "the question remains how committed will our elected representatives be in supporting Rep. Cohen on this. Every neigbhorhood will want to contact their representative to sign on [as a co-sponsor].."

Tracy's skepticism appears justified. Shortly following the passage of HB 1954, Rep. Cohen sent a memo to his democratic colleagues encouraging them to write the Governor about a veto. Of the 23 democratic state representatives from Philadelphia, only a handful followed Cohen's lead: Reps. Cohen, Babette Josephs, Kathy Manderino, Louis Bishop, and Curtis Thomas. Although all Philadelphia area state representatives were asked to explain their vote, just these five and Senator Vincent Fumo did so.

For years SCRUB has fought for the right of Philadelphians and community groups to have their voice heard in zoning decisions. In 1999 SCRUB won a key legal victory for taxpayer rights when Commonwealth Court ruled that any taxpayer has the right to appeal decisions by the City's Zoning Board of Adjustment to court.

The right grew out of legal challenges brought by SCRUB against the countless illegal billboards that dot the City's skyline. SCRUB had racked up a string of legal victories by pointing out that the City of Philadelphia routinely ignores its own laws when granting variances to billboard companies. Billboards are big business--Tracy estimates a billboard on I-95 can bring in up to half a million dollars a year--and the billboard industry has been eager to share its good fortune with elected officials in City Council and the State Legislature.

Over the years three attempts have been made at both the City and then the State level, to take away Philadelphians' zoning rights:

• In 2001, City Councilman Frank DiCicco failed to get Bill 629 enacted after a nasty public battle which saw 60 community groups testify against the measure. Rep. Cohen's then 86 year old father City Councilman David Cohen led the successful grass roots effort to defeat the legislation.
• In 2002, an alert state represenative, Babette Josephs, caught a last-minute change to Senate Bill 1100 that would have taken away Philadelphians' zoning rights. Community groups were able to mount a successful campaign againt the measure.
• The third time was the charm for the Billboard industry. In November 2004, its amendment to HB 1954 sailed through both houses of the legislature undebated, unrecognized and unchallenged.

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