From bike lanes to historic districts, Philadelphians hash it out in court | Shackamaxon

With City Hall taking their summer break and Harrisburg finally passing a budget, this week’s edition of Shackamaxon looks at what’s going on in the courts.

It has been two years since Barbara Friedes, 30, a physician specializing in children’s cancer, was killed riding her bicycle in Rittenhouse Square. The man who struck her, Michael Vahey, was driving at 50 mph, twice the speed limit, and his blood alcohol level was measured at .16, double the limit for intoxication.

According to a prosecutor, Vahey, 69, could have easily chosen to walk home from the bar that night. Instead, he was impaired when he impatiently veered into the bike lane. Vahey was convicted last year and is now serving a six- to 20-year sentence.

But the story did not end with Vahey’s imprisonment. For once, city officials took decisive action.

City Council, led by Council President Kenyatta Johnson, passed the “no stopping in the bike lane bill.” Mayor Cherelle L. Parker pledged to add protection to the route, which could have prevented the kind of reckless maneuver that led to Friedes’ death. Yet, two years later, nothing has happened.

The blame for the holdup, however, does not lie with City Hall. In fact, Johnson made an appearance at a vigil for Friedes hosted by her loved ones and Philly Bike Action this week.

Instead, it has been the courts that have stymied the proposal. After a group called Friends of Pine and Spruce sued to stop the plan, a Common Pleas Court judge issued an injunction requiring the city to pass legislation codifying the administration’s right to install loading zones. City Council passed the legislation, only for another Common Pleas Court judge to decline to lift the injunction while the case proceeds.

Frankly, things should never have gotten this far. Issuing loading zones is the exact kind of decision the Streets Department exists for, and having City Council pass a law for every loading zone in the city is a fool’s errand.

It is certainly understandable that some neighbors would prefer to keep the status quo. The right venue to advocate for this position, however, is not the courts, but City Council. If the Court of Common Pleas fails to return control of city streets to city officials, the ruling must be appealed to the Commonwealth Court. Streets belong to everyone, not just the people who live alongside them.

If residents want to stop bike lanes, they can do what cyclists have done. They can form advocacy groups, lobby elected officials, build a coalition, and pass legislation.

For some Center City residents, the Spruce and Pine saga contains a bitter irony. While some of their neighbors are suing to stop the city from designing public streets, they are suing to maintain the right to design their own homes.

No one questions that the Washington Square West Historic District contains some of the city’s best architecture and links the present day to the city’s past. What’s been contentious throughout this process is how broad and restrictive the plan has been. While most districts cover a relatively small area, and typically pay homage to a specific era, style, or even architect, this district covers nearly all of Philadelphia’s history, from colonial times to the postwar era. More than 1,400 properties are listed as contributing, many of them fairly unremarkable.

As a result, property owners like Jonathan Hessney have been working to eliminate or curtail the district. Most submissions to the Philadelphia Historical Commission were in opposition to the plan, with many citing both the personal financial burden and the fact that many of the most significant properties already have individual protections.

Hessney also pointed out that Emily Cooperman, who is a member of the commission, helped draft the proposal. To some, this made the whole process feel like a foregone conclusion.

Hessney and his neighbors sued. They won an early victory when Common Pleas Court Judge Joshua Hall overturned the designation. This was appealed by the city, keeping the district in place pending an appeal. The Preservation Alliance has filed its own brief in support of the district.

Of course, the city could make everything easier by declining to pursue this appeal further.

In another legal case concerning City Hall, the Commonwealth Court has ruled against Councilmember Jeffery “Jay” Young’s efforts to block a series of housing projects in North Philadelphia. Going forward, Young and his colleagues will have to secure the mayor’s signature before granting themselves standing to oppose zoning decisions.

Young is one of Council’s most prolific users of what’s known as councilmanic prerogative, a tradition that gives district Council members final say on transportation and land-use decisions within their districts. While Council often defends this tradition as a way to ensure communities have a say, Young’s tactics usually attract the ire of his constituents, rather than representing their input.

I talked to Ruth Birchett, a lifelong resident of North Philadelphia. Birchett has worked with both of Young’s immediate predecessors, supporting them at times and holding them accountable when needed. As the founder of Heritage Community Development Corp., she’s helped build affordable housing and fought against Temple’s efforts to build a football stadium. She told me that the way Young does business is very different. He does not seek input from her or other community leaders. He goes it alone.

In particular, Birchett is upset over Young’s decision to block an affordable senior housing proposal. She took him to task in person. This situation is similar to Young’s opposition to renovations at the Cecil B. Moore Library branch. He came in at the very last minute to scuttle a shovel-ready project that had taken years of work to put together, and which had already secured funding.

Birchett told me that the development was a “no-brainer.” Many seniors, herself included, live in homes that are much larger than their current needs. Philadelphia has a shortage of affordable senior housing. If seniors like Birchett can move into new housing in their own neighborhoods, this also helps younger residents access the city’s stock of sizable homes. That’s the housing circle of life.

Instead of continuing to waste city resources by reauthorizing the appeal, Young should just let the project move forward.

For now, it seems the Trump administration has won the battle for the President’s House at Independence National Historical Park. After initial victories for the city, federal courts have affirmed the White House’s right to remove panels that were first installed roughly 20 years ago and replace them with new versions that advocates say minimize George Washington’s participation in America’s original sin of slavery. Mayor Parker has vowed to restore the originals.

While some Founding Fathers, like Philadelphia’s Benjamin Franklin, realized the hypocrisy of calling for liberty while enslaving human beings, Washington showed he had no similar qualms. While living in Philadelphia, he acted with intent to evade Pennsylvania law, which stated that any enslaved person brought into the commonwealth would be emancipated after six months of continuous residence.

The former panels ensured the stories of all Americans are heard, including those who were not given the rights of liberty during their own time. They also serve as a reminder that even the greatest heroes are still human.

Washington deserves immense credit for helping secure America’s independence, and his decision to forgo the crown many assumed he’d take when he left office peacefully after two presidential terms — a precedent all but one of his successors (so far) has held to. He also deserves to be known as a man who failed to live up to the ideals he fought for.