Philadelphia City Council now open for comment

City Council on Thursday bowed to a state Supreme Court ruling by opening its regular session to public speakers for the first time since Philadelphia's modern government was born in 1951.

It's not that Council had banished public speaking; it just had relegated public testimony to hearings on specific bills. Two weeks ago, the Supreme Court ruled that this violated the 1993 state Sunshine Act and ordered Council to allow public comment at every one of its meetings.

"I know my colleagues join me in welcoming those who wish to be heard in this new forum," Council President Anna C. Verna said, though she added that she and her colleagues "are proud of the record of this City Council in providing the public meaningful opportunities to comment on important issues before the Council."

Council's draft rules allow members of the public to comment for up to three minutes each before official action on bills and resolutions. Subject matter is limited to pending bills, a restriction that ran into an immediate challenge.

Speakers must be Philadelphia residents and taxpayers, and are asked to sign up ahead of time, though no one wishing to speak will be denied, Verna said. The Council president also has the authority to shorten the time per speaker and to limit repetitious testimony.

In great democratic tradition, the new rules on public comment were introduced by resolution. That will be followed up next week by public comment on the public-comment resolution. A vote will follow.

Only four speakers showed up Thursday. Three were from the tow-truck industry, complaining about Councilman James F. Kenney's bill to shift control of towing regulation from the Department of Licenses and Inspections to the Philadelphia Parking Authority. Kenney held the bill, saying he needed more time to ensure it would pass with a solid majority.

The fourth was the lawyer who challenged Council's policy in the first place, and continued to raise concerns.

"Allow me to express my appreciation for the historic opportunity to address this Council for the first time," said Darrell M. Zaslow. "It was a privilege for me to have represented the entity which sued you for this privilege."

He then suggested that Council was still in violation of the Sunshine Act by limiting comments to bills being considered. Zaslow quoted a Sunshine Act provision allowing the public to "comment on matters of concern."

To make his point, blowing the three minutes rule by two minutes, Zaslow questioned why Council had sent him legislative notices with at least $1 in postage when the city is supposed to require those on the mailing list to provide self-addressed, stamped envelopes.

Zaslow and the organization representing the city's small residential landlords, the Homeowners Association of Philadelphia, sued the city in 2007, complaining that they had been prevented from speaking at a Council meeting on April 26, 2007.