There's been a lot of adulation thrown at the new mayor, but this is really awesome.
Mayor Nutter yesterday said he would enforce new city gun-control laws even without state authorization to do so - setting up a possible legal and political showdown between the state and the new mayor.
State preemption of our city's ability to deal with its own problems is itself a big problem. Until Michael Nutter just stood up and said enough, the loudest voice was probably our own Dan UA. Dan has called out the state's messing with: our smoking ban, our right to control our own zoning, our progressive anti-predatory lending bill (more than once), our campaign finance bill, and the effect of all this preemption on the casino fight. Oh yeah, and guns.
PS there's totally more but I got tired of hyperlinking.
Anyway, of all this state hand-tying, the refusal to let us deal with our gun problem is compounded by the fact that the state won't deal with it either. The laws we are talking about here are some of the same ones that Rendell begged (with 'clenched teeth' and 'pounding the lectern') the legislature to pass:
The bills would force owners to immediately report stolen guns; set monthly limits for firearms purchases; require vendors to report ammunition sales; and prohibit gun sales to anyone who is the subject of an order of protection.
They wouldn't.
So this is how it is going to work:
At the first regular meeting of the new City Council yesterday, Council members Darrell L. Clarke and Donna Reed Miller introduced the same package of gun-control measures that languished last year while the state legislature refused to authorize them.
But these bills have a new wrinkle - they don't call for state-enabling legislation. The previous bills were conditional on companion state laws in recognition of a 1996 Pennsylvania Supreme Court ruling that said cities could not enforce their own gun laws.
But Nutter, Clarke and Miller, frustrated by the repeated failure of gun-control measures in the legislature, now appear ready to do just that.
"If these bills pass and if I sign them, then I expect to enforce them," Nutter said. "If you believe we can have a safer city by putting these measures in place, I think as good public servants we are compelled to take some type of action in the face of no relief coming from anywhere else."
And now that we have a newly Democratic state supreme court (thanks to the election efforts of a lot of you!):
[Temple law professor and totally awesome lawyer David] Kairys said the city's action could set up a test of a new Supreme Court, now under Chief Justice Ronald Castille, the former Philadelphia district attorney who promised to depoliticize the court.
"If there's really going to be a new day in the Pennsylvania Supreme Court, this would be a fine place to start," Kairys said.
Now I know that this can't stop the shootings and all the bloodletting on its own. And there has been some troubling evidence that the new day might have shadows of the old (see, e.g., Clarena Tolson).
But this, no question this is a huge symbolic leap into a new day. And, as Dan has, you know, detailed, it has implications for all sorts of progressive law-making.
Mayor Nutter exceeding my high expectations
Jennifer,
Thanks for this post and links. This is huge.
I had high hopes for Mayor Nutter but he is exceeding expectations!
On another note, I would appreciate it if someone would post directions for hyper linking. I have tried to do this, but it looks like this is an IQ test I’m flunking.
Karen
this is great!
best news I have heard all day. exactly the kind of thinking this city needs.
[Karen: our new software automatically seems to hyperlink text if you type a full address like this http://www.youngphillypolitics.com.
But if you wanted to do something like this--To read Philadelphia's best blog for young progressives, click here--here is what you have to do:
To read Philadelphia's best blog for young progressives, click
< a href="http://www.youngphillypolitics.com">here< /a>
You'll note that I added a space before the first "a" and before the /a...you can't do that if you really want link something, I am doing it just to demonstrate. If you want to see a more formal tutorial which also allows you to practice click here.]
Yeah
this is pretty exciting.
On my way to a USOC
On my way to a USOC Conference, with the overarching theme: "If you make it to Beijing, don't embarrass America," so, I only have a second, but...
...aside from the fact that Nutter clearly has been inspired by my elegant prose (who wouldn't be?), this is very cool.
That said, because of the efforts of our State Reps over the last ten years or so, Nutter faces a tough road ahead. Precedent matters, and Reps. Evans and Perzel and Senator Fumo have really damaged our abilities to do things on our own. Hopefully, with a shot across the bow from our new Mayor, we will get somewhere.
I agree
Michael Nutter is definitely less than three Dan UAs (who would make 3/4 of a pretty rockin' lightweight quad).
Did you notice something in the original article?
Did you notice something in the original article?
That's right, folks, DRM did something which was categorically not inert. No, I can't believe it either.
-Z
Occasionally cosponsoring a
Occasionally cosponsoring a good bill does not a quality councilwoman make.
No argument
I suppose that this is an example of the old cliche about a stopped clock being right twice a day.
Or once a day w/a 24-hour clock,
-Z
I wonder if this is going to
I wonder if this is going to end up making Uniform Firearms Act author Vince Fumo try to portray himself as something of an opponent of his own law as in the case of Act 71?
I can't see even Vince running on his opposition to this.
Obviously this eventually loses in court but I don't see the new PA Supreme Court rushing to take the case on either so it could percolate through the lower courts for a while acting as sustained media campaign for at least the requirement to report guns lost or stolen at a state level.
-Sean
MrLuigi, my cat, actually only types half as badly as I do.
I have to address something
I have to address something here, what gives you the idea that Fumo opposses ACT 71? Did you see that in print? Did he say that? Has he taken a single step to repeal Act 71?
It is careless to say he opposes the Gaming Act. He doesn't. He is responding, however, to wants of his constituents, through the PNA, to move casinos to more appropriate locations.
One doesn't have to oppose Act 71 to work towards finding better locations for casinos.
Also, a trial court judge can issue an order imposing an injunction on the City of Philadelphia. It will likely take the form of a request for a Special Injunction (TRO), that will likely be granted. Then, hearings for a permanent injunction happen. After that, appeals. But, the PA Supreme Court does not have to hear the case for there to be a ruling the conduct is illegal.
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
So serious. No Fumo
So serious. No Fumo obviously has not said he opposes Act 71, that was sarcasm.
Though it is very interesting to watch his ever evolving position in regards to the implementation of the legislation he so carefully crafted originally. Its a feat of political gymnastics I've come to admire for both its flexibility and creativity, comparable to Natalie Komenich in her prime. Let it never be said that Fumo is a man of political rigidity.
-Sean
MrLuigi, my cat, actually only types half as badly as I do.