Preemption and Its Discontents: Harrisburg's Grubby Fingers Aim for Philly's Smoking Ban

This is going to shock everyone, but, after taking away Philly's rights to self govern in regards to mortgages, zoning appeals, parking, and schools, the State is now aiming at the Philly smoking ban:

HARRISBURG - The state Senate wrote loopholes into a proposed statewide smoking ban last night and approved language that would strike down Philadelphia's more restrictive rules against lighting up in public places.

All of the action came in a sweeping amendment, which passed, 29-21, after two hours of debate over the balance between public health and individual liberties.

The amendment - which exempts casinos, private clubs, cigar bars and some taverns from the proposed ban - also bars municipalities from enacting any smoking ban tougher than the state's.

Public health advocates accused the Senate of caving in with what they called a weakened ban, but supporters said it was important to have uniformity.

The idea that we 'need' uniformity in... smoking laws is really just an incredibly arrogant way of saying that the special interests who lost a years-long fight in Philly to public health advocates, and were facing a potential ban statewide, are now doing what the financial services industry did, what the billboard industry did, etc: Just going around the City.

This is just ridiculous. Any Philly legislator who votes to take away power from their own City government should be run out of town. And Gov. Rendell should veto this now.

You mean the entire Philly

You mean the entire Philly delegation to the State House of Representatives who in 2004 voted to prempt local zoning control in Act 71? Some will say they fought for local zoning, but a reading of the legislative history will show that the issue came up for vote 3 times.

The first, they all voted to prempt.

The second, Rep. Vitalli, a suburban legislator, defended Philadelphia in debate. So did Rep. DeWeese! The proud Philadelphia delegation in the State Government Committee was silent.

Then, in the fall of 2006, seeing the mounting community opposition did the Philadelphia delegation stand up for us. Over two years after its passage--in the middle of the night.

These are the facts about local zoning and casinos. Some will distort their record. This relates to Dan's post because if Philadelphians aren't willing to stand tall for Philadelphia, who will?

Hellz Yeah

While Lynn Swann's gubernatorial campaign was a joke, I'm starting to see his point in the usefulness of shrinking the legislature. Just another shining example of how we can count on the Philadelphia caucus to do absolutely nothing but sell out at the state level on an issue so important at the local. Gun control, LGBT inclusion into anti-discrimination laws, public transportation, and now the smoking ban: all issues we're screaming about here and all issues our rep's are stalling on in Harrisburg.

Just drives me up the wall how these people have such a wild sense of entitlement despite doing so little on the issues we care the most about.

Pa. State Legislature At It Again

Pennsylvania may very well have the most anti indigenous city legislature in the US. Its a whole series of things to stick it to Philly: taking over the city's parking authority, then the schools, anti-gun laws, forcing casinos down our throats, now the smoking ban.

For a bunch of legislators who claim to believe in local governance - and are strident about it for their rural & small town districts - they throw their principles out the window in continually overriding Philly local governance.

Let's be clear on this

PA has a virulently anti-Philadelphia state legislature.

-Z

you couldn't be more right

our General Assembly firmly believes that Philadelphia isn't capable of handling serious issues. Apparently members of the Philadelphia delegation agree, they allowed our zoning laws to be preempted and did nothing to stop it (or even debate it) on the House floor. They shouldn't be congratulated for finally speaking about it in 2006 when it was too late.
What the hell are our reps doing in Harrisburg anyway? Specifically, why are other reps from outside of Philly our only voice when it comes to protecting zoning rights?

Y'know...

... odd, isn't it, that a city as incapable of self-rule as Philadelphia is, nonetheless, the largest + most economically-important one in the Commonwealth. In an odd way, the anti-Philly sentiment you see in most of the rest of PA is somewhat comparable to the anti-NYC sentiment in most of the rest of the USA.

-Z

Nonaccurate Comparison

NY State reps may make anti NYC noises but they realize that NYC is the economic engine for the state & act accordingly. In contrast, Pa reps will do anything to weaken Philly government for its own sake. They really are disinterested in Pa. economic revitalization.

Again, not a fair comment.

Again, not a fair comment. It stems from not agreeing with their plans for economic revitalization.

They believe the Convention Center is a good thing.
They believe the Casinos are a good thing.
Etc.

I feel that Harrisburg thinks Philly is incapable of controlling its own destiny, which is not exactly hard to understand.
-----------------------------------------------------------
"yes adam gave some informative comments but he also seems to sprinkle a little adam dust on it." - merkin

Harrisburg

or at least, some of those there, are on record saying that Philly shouldn't be allowed to decide casino zoning issues because of previous "mischief"? This was spoken on the house floor, and people who don't even live here were the ones defending Philadelphia.
Dwight Evans aside, most members of the Philadelphia delegation rarely present viable legislation to the House floor. Sure, representatives look out for their districts, but many look out for their entire state or other regions. Take Rep. Clymer for example. I'm not familiar with all of this guys policies but I know he has been, as a Bucks County Republican, very outspoken in defense of Philadelphia zoning rights and anti-casino legislation.
The problem is that the Philadelphia delegation really hasn't proven to be a bloc powerful enough to be effective in Harrisburg. Granted, its one small region, but Philadelphia has the potential to be driving legislation through the house. Instead our members let Clymer stand up and speak on our behalf. Its really pathetic.

Actually, I think it was

Actually, I think it was Fumo who said your comment about Philly, zoning and casinos.
-----------------------------------------------------------
"yes adam gave some informative comments but he also seems to sprinkle a little adam dust on it." - merkin

I'm not so much saying anti-NYC in terms of legislation

Clearly, there isn't anti-NYC legislation on a national level (not NY state level) the way there is in PA towards Philly. There is, however, fairly distinct anti-NYC sentiment in terms of people outside of NYC expressing an active dislike for that city, similar to the way that non-Philadelphians tend to express anti-Philadelphia sentiment in PA.

-Z

Disclosure

Could you guys put in your signatures that you are working for Larry Farnese?

Surely, but I know I have

Surely, but I know I have already disclosed. Mike is new to the campaign and, as is YPP policy will disclose.

At any rate, it does not take away from the relevancy here. We are talking about preemption and how Philadelphia legislators sometime screw us the worst.

I think the general policy

I think the general policy is going to evolve to putting it in your signature line. During the mayoral race, when everyone was on here all the time, it seemed to be pretty easy. But now we are all checking in a little less, I think putting it on your signature makes a little more sense.

As far as the preemption thing, I hear you. But, it does seem like your posts have a pretty clear purpose to them.

Im a constituent and member of DRNA. My life is directly affect

I am working to elect Larry Farnese to the General Assembly. Unless otherwise expressly stated, this and every comment or blog I post on YPP and any action I take hereon is solely attributable to me and not Farnese or Friends of Farnese (in any way, shap

Better? I am working to

Better?

I am working to elect Larry Farnese to the General Assembly. Unless otherwise expressly stated, this and every comment or blog I post on YPP and any action I take hereon is solely attributable to me and not Farnese or Friends of Farnese in any way.

Including its own

Including its own representatives.

So, umm, now that you have a dem majority, do you all still think anti-Philly is a republican conspiracy at the state level?
-----------------------------------------------------------
"yes adam gave some informative comments but he also seems to sprinkle a little adam dust on it." - merkin

Response

Actually, the Democrats only control one legislative branch & the governorship. Though its basically the Repubs that want to screw Philly, a few of the upstate Democrats share the anti-Philly orientation, enough to make a majority.

Regarding the casinos, this is really big money at work & a major reason why we re not going to have a functioning democracy till we control campaign contributions. Both Repubs & Democrats need to raise big bucks to win elections & that why corporations dominate the political process.

To be fair, they took over

To be fair, they took over the school district because the City ran it to the ground and the PPA was part of the deal for the bailout. Again, a bed that Philly seemed to make for itself. It wasn't some Harrisburg conspiracy.
-----------------------------------------------------------
"yes adam gave some informative comments but he also seems to sprinkle a little adam dust on it." - merkin

How would you compare those

How would you compare those things with affirmative takings in the case of Act 71 in 2004? Also, while other members of the GA may think that way, shouldn't the Philadelphia delegation stand tall for their city?

I don't feel they are

I don't feel they are similar at all. I was merely pointing out that the SDP and PPA were deals we brokered to bail ourselves out of our own mess.

Act 71 is not that situation at all.

I think the Philadelphia state reps have been rather poor representatives of the City, which is ultimately my point. Whether it is GOP or Dems in power, our elected representatives have tended to vote with them on the "out to get Philly" legislation that is being chastised.

If we think a lot of our problems are Harrisburg, well, the best way to fix that is deal with our representatives we send to Harrisburg. GOP Harrisburg gets blames while our representatives get let off the hook and reelected.

-----------------------------------------------------------
"yes adam gave some informative comments but he also seems to sprinkle a little adam dust on it." - merkin

Excellent point. I can

Excellent point. I can think of a few representatives from Philly whose service is, let's say, less than desirable.

I do not think the GOP is the only fault.

The Big Picture

Certainly the performance of Philly's reps have been less than sterling. However, the big picture is that the rest of the state, with the exception of Pittsburg reps, continually works to undermine Philly local government. They make up a good majority & even if the Philly delegation always voted the right way, you would still have simillar outcomes.

Maybe not. Why should other

Maybe not. Why should other areas take the heat for supporting Philly when those from Philly won't? What incentive do they have?

Again, it is hard to take serious the whole "the GOP is bending us over" while our own reps are holding the vaseline.

-----------------------------------------------------------
"yes adam gave some informative comments but he also seems to sprinkle a little adam dust on it." - merkin

Off Base

Actually, the Philly delegation have been pushing for at least 20 years for additional monies. You're right about a rep from the rest of the state not having an interest, besides good govt, in fixing our schools. The answer, of course, is to increase state funding for most school districts in the state. In good numbers of states in the US state govt. pays the majority of funding, with some states having a funding level of over 2/3.

Erroneous

Completely untrue. Somehow you impute benign intentions to the Pa. legislature. The main thing the Repubs wanted was privitization, even though studies have shown it doesn t have any appreciable effect in improving school performance. Philly schools, as many of the Pa school districts are sharply underfunded. The Repub legislature is not interested in improving school, which mainly would require additional monies.

Hornbecker, the previous superintendent under Rendell, was improving the schools with his significant reforms but the Repub legislature & governor refused to give additional money for a workable plan.

I call

I call bullshit.

Source

State Rep. Dwight Evans called the Philadelphia School District's top official yesterday with a stern warning: Don't eliminate or severely reduce funding for private groups managing 41 public schools, or else face a loss of state funding.

The state has earmarked $25 million in annual funding for outside groups that manage city schools, $18 million of which has gone to the six groups called Educational Management Organizations (EMOs). Evans and several other legislators had indicated in recent months that funding could be in jeopardy if the district fired the groups, but Evans decided Philadelphia School Reform Commission Chairman James Nevels needed to hear the message again and directly.

Evans is a democrat and char of the appropriations committee. This is a prime example of what I am referring to. Concentration on the "GOP problem" when the top Dem from Philly is pushing the exact same agenda you are complaining about.

Also, Evans takes credit for helping engineer the state take over. Again, top Democrat from Philly HAPPY with what you are blaming the GOP for.

-----------------------------------------------------------
"yes adam gave some informative comments but he also seems to sprinkle a little adam dust on it." - merkin

Bullshit It Is

I'm not sure you understand how logic works. Evans is the outlier here, a lone Philly delegate voice for privatization. To prove your point, you'd have to show that the majority of Philly reps are in favor of school privatization. GO TO IT, MY MAN.

To enlighten you further, I'll give an example of your logic: Hagel, a Republican senator from Nebraska, is a point man in opposing US involvement in Iraq. Because I can point to Hagel, that means, according to your logic, I can't say that it is basically the Repubs that have been the driving force for our Iraq misadventure.

No schools.

How about we show you that in 2004 every Philly rep voted to preempt local zoning control?

Does that work?

No. My line of logic would

No. My line of logic would be pointing out Dems that have supported the war in Iraq and therefore being able to say it isn't only the Republicans.
-----------------------------------------------------------
"yes adam gave some informative comments but he also seems to sprinkle a little adam dust on it." - merkin

Error to your Erroneous

To clarify, his name was David Hornbeck. There were no such "significant reforms", hence the takeover. Truth be told, the man was a jackass. I know because I was there.

Clarification

Hornbeck reached a deal with the powers in Philly education that he would have a free hand with select high & middle schools. He put various rules in effect, including hiring & firing of teachers, for how these schools were to be operated & had oversight. Numbers of educational indicators showed improvement under these changes. He then went to the legislature for the additional monies. The Repub legislature turned him down almost instantly.

Are you a teacher/ex teacher by any chance?

Uh

Everything you just referenced as "reform" only had to do with giving himself more management discretion; nothing he did had any lasting meaningful effect on learning or classroom environments. Look, if you were against the takeover, then that's an acceptable position to take. But to insinuate that the schools were flourishing under his administration is just flat out wrong.

I am an ex-administrator. So having worked under Hornbeck's direction and having worked with many of his political appointee's up until I left a few months ago, I am in the unique situation to verify this with actual experience.

And just to balance things out so no one thinks I am biased, Vallas was just as bad, only for different reasons.

Anthony Hardy Williams

I didn't know much about Anthony Hardy Williams when I moved to West Philadelphia and he became my State Senator, but so far he seems like a serious public servant, in the mold of Dwight Evans. I'd be interested to hear his take on the amendment and the bill.

Increasingly, the "I wasn't paying attention" defense from our legislators is wearing very thin.

Again, the mind boggles

Why, oh why, would a person whose job is to represent Philadelphia vote to preempt Philadelphia's very own laws? LeAnna Washington just lost my vote this fall.

Perhaps there's a quid-pro-quo here about which we do not know, but it stinks something awful.

-Z

My mind does the same thing.

My mind does the same thing. But, not as much as when I learn that certain state reps. voted to not only pre-empt, but to get special discounts at the very casinos that will hurt Philadelphia and to allow State Legislators to have ownership interest in those casinos.

Can you say . . . disappointing?

I am working to elect Larry Farnese to the General Assembly. Unless otherwise expressly stated, this and every comment or blog I post on YPP and any action I take hereon is solely attributable to me and not Farnese or Friends of Farnese.

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
Syndicate content