City Hall Roll Call: September 14th, 2023
Council Creates High Hurdle for Future Safe Injection Sites
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Welcome to City Hall Roll Call, a summary of City Council’s weekly Stated Meeting. Reminder, the information provided below is not an official or complete record. City Council’s official legislative database can be accessed through Legistar.
For a full play-by-play of the Council session, including speeches and public comment, be sure to follow me on Twitter.
Session Recap:
Philadelphia City Council had a raucous return to regular business today following its three-month summer recess. While the first Stated Meeting back from a break is usually perfunctory affair, today’s session featured final votes on two controversial pieces of legislation and a rare Mayoral veto of an overlay bill.
City Council voted both on a resolution and bill related to Safe Injection Sites (SISs), also known as Overdose Prevention Centers (OPCs). OPCs are facilities “designed to reduce the potential risks of drug use, including overdose and unwanted public use…Participants bring their own drugs. Trained staff provide sterile supplies and intervene if an overdose occurs. OPCs connect people with addiction services and social supports, including voluntary treatment.”1
Proponents of OPCs argue that they are a critical component of the patchwork of evidence-based solutions to the nation’s ever worsening addiction problem. In addition to reversing potentially fatal overdoses, OPCs also connect users to health care resources and recovery providers.2 Opponents to OPCs argue that the facilities “enable” destructive behavior and further traumatize neighborhoods already suffering the quality of life issues associated with concentrated, public drug use.
Years of Contention
The battle to open an OPC in Philadelphia has been years long, fought both on the streets and in federal court, with multiple cases winding their way through the justice system. Safehouse, a nonprofit provider of overdose prevention services, faced community and legal backlash after it announced plans to open an OPC in South Philadelphia. South Philadelphia residents protested the planned facility while then US Attorney Bill McSwain filed suit to prevent it.3 After the courts ruled that its operations would run afoul of federal law, Safehouse filed its own lawsuit contending that federal laws prohibiting the operation of OPCs are unconstitutional because they infringe on Safehouse operators’ religious duty to prevent potential overdose deaths.
Today’s votes on the resolution and ordinance come after a summer of fruitless settlement negotiations between the parties, and after loud and passionate public comment.4
Supporters and opponents of OPCs packed chambers today, delivering impassioned pleas to their Councilmembers. Fourth District resident Waheeda Shabazz-El implored Council to reject the legislation to limit OPCs, calling the issue “a racial justice issue, a gender justice issue and a human rights issue.” Ms. Shabazz-El urged Council to understand that these facilities “aren’t justice a place for people to use” but that they offer “wrap-around services” which are critical to getting people into the long road to a successful recovery. Moses Santana, a lifelong Kensington resident, called on Council to mitigate a mistake he believes they made when they voted to allow doctors to continue to receive gifts from pharmaceutical representatives in 2019. “You messed up in 2019 when you didn’t ban doctors from receiving gifts. OPCs work. If you deny these too [you bear responsibility for these deaths.] If you say yes to the ban, I hope you come to their funerals.”
State Senator Nikil Saval (D-1st) testified against the proposed legislation and in support of the use of OPCs. In his public testimony Saval stated that, “As a legislator I feel the same urgency to lessen the tremendous suffering caused by the opioid crisis.” He noted that he and his staff have studied the issue first-hand and come to the conclusion that “OPCs are places where people go to stay safe and stay alive as they work to heal. It is imperative that all levels of government embrace evidence based solutions to save lives. OPCs fit this bill.”
Meanwhile, residents of Harrowgate and Kensington rejected the OPC proponents suggestion that those who opposed OPCs were callous to the devastation and death wrought by the opioid and fentanyl epidemics. Kensington resident Marnie Aument Loughrey told Council “no one in our community wants to see people die, but we have rights in our community. We need to get users into recovery, not into OPCs.” Other residents blamed the city for using Harrowgate and Kensington as containment sites for the epidemic, telling Council that they aren’t against saving lives but rather they are against being asked to bear more of a burden in fighting this crisis after decades of having their quality of life and sense of peace and safety destroyed.
The Legislation and Votes
The resolution (Res. 230432) , introduced by Councilmember Jim Harrity (D-AL), calls on:
Safehouse, the United States Department of Justice, and the Mayor to halt implementation of supervised injection sites in the City of Philadelphia, to involve community groups and other branches of city government with differing views to participate in settlement negotiations, and to enforce the previous holding from the Third Circuit Court of Appeals.
The proposed ordinance (Bill No. 230410), introduced by Councilmember Quetcy Lozada (D-7th) would prohibit the operation of a “Narcotics Injection Site” on any lot in the city’s 1st, 2nd, 4th, 5th, 6th, 7th, 8th, 9th and 10th districts. Only lots in the 3rd District (West Philadelphia and parts of Southwest Philadelphia) are not included in the overlay. Practically speaking, this means that someone seeking to operate an OPC would need to seek zoning relief from the prohibition from either the Zoning Board of Adjustment, which requires public meetings with the local neighborhood Registered Community Organization, or would need legislation granting relief introduced and passed by City Council.
The bill’s sponsor, Lozada spoke prior to the final vote. Her voice filled with emotion, Lozada told the body and guests, “I will not apologize for making the voice of the people who live in my community a priority. I was elected to represent them. The majority of the individuals in support of the [facility] do not live in the Kensington / Harrowgate community. It is disturbing to me that the voices of the people who don't have to deal with the day-to-day trauma - that their voices should be heard louder than those voices who walk those streets everyday."
The resolution and bill both passed 13-1 with Councilmember Kendra Brooks (I-AL) the sole no vote on both.
Mayoral Veto
Council also voted to override Mayor Jim Kenney (D)’s veto of a bill that would amend the city-wide zoning prohibition on recreational marijuana in favor of overlay language. The bill appears to have been vetoed by the Mayor for procedural reasons - as pushback to Council’s ever expanding use of overlay districts which further complicate the city zoning rules. The Planning Commission publicly opposed the bill arguing that the proposed changes should not apply to specific overlays and noting that the “Pennsylvania General Assembly has not created a definition of recreational marijuana” raising the potential for future conflict of law.
Council stands adjourned until Thursday, September 21st at 10AM.
Bills and Resolutions Introduced Today (By Subject Matter)
Due to the volume, ceremonial resolutions introduced by Councilmembers that honor or memorialize individuals or organizations will not be listed below, but can be found on Legistar.
🏗️ Construction / Zoning
Bill amending the Zoning Code to create the Brewerytown / Sharwswood Sub-Overlay. (Clarke)
Bill authorizing the installation of a structure in the 4th Councilmanic District. (Jones)
Bill establishing a temporary demolition moratorium for an area of land near Ridge Avenue located in the 4th Councilmanic District. (Jones)
Bill amending the zoning designation of land near Johnson and Germantown Avenue in the 8th Councilmanic District. (Bass)
🚓 Public Safety
Bill adding provisions to the Fair Criminal Record Screening Standards related to post-conviction exonerations. (Thomas)
💼 Business Regulation
Bill requiring certain businesses to enforce shopping cart containment systems. (Phillips)
Bill expanding provisions related to required video monitoring for nuisance businesses. (Gilmore-Richardson)
Bill modifying the list of products that may be sold from newsstands. (Squilla)
🌳 Parks and Recreation
Bill renaming the Charles Baker Recreation Center the Charles Baker and Carol Baker Rice Recreation Center. (Jones)
🚦Streets
Bill adding new notice provisions related to Right of Way Management. (Clarke)
Bill authorizing encroachments in the form of a sidewalk cafe at 1216 N. 29th Street. (Clarke)
Bill authorizing encroachments in the form of a sidewalk cafe at 635 West Girard Street. (Clarke)
Bill revising the lines and grades for land located in the 4th Councilmanic District. (Jones)
Bill authorizing encroachments in the form of a sidewalk cafe at 817 Christian Street. (Squilla)
Bill authorizing encroachments in the form of a sidewalk cafe at 1524 S. 10th Street. (Squilla)
Bill authorizing encroachments in the form of a sidewalk cafe at 2301 E Albert Street. (Squilla)
Bill amending Parking Regulations to revise requirements with respect to angle parking. (Squilla)
🔏 Contract / Agreement Authorization
Resolution authorizing and ratifying Councilmember O'Neill's appeal of ZBA decision on 2901 Grant avenue. (O’Neill)
💸 Finance / Budget
Bill continuing the Aramingo Ave shopping district beyond its termination date. (Driscoll)
Resolution initiating action to continue the Aramingo Ave shopping district beyond its termination date. (Driscoll)
Bill continuing the Chestnut Hill Business Improvement District through its termination date. (Bass)
Resolution initiating action to continue the Chestnut Hill Business Improvement District. (Bass)
⚖️ Privileged Resolutions (Authorizing Hearings / Urging Action)
Resolution calling on the Administration to work collaboratively with stakeholder groups to provide reentry supports to wrongly convicted and exonerated Philadelphians. (Thomas)
Resolution authorizing the Committee on People with Disabilities to hold hearings on the frequent misdiagnosis of Ehlers-Danlos syndrome. (Vaughn)
Resolution declaring Philly's commitment to protecting and expanding access to abortion and creating a Reproductive Rights Task Force. (Brooks)
Resolution authorizing Committee on Public Safety to hold hearings regarding “3 strikes and you're out” laws and their potential impact on retail theft in Philadelphia. (Jones)
Resolution authorizing the committee on Neighborhood Services to hold hearings on the use of zip codes as a proxy for discriminatory actions for the provision of business services. (Harrity)
Resolution urging the White House to reexamine International Policy towards Ethiopia. (Harrity)
Resolution calling on SEPTA to investigate and create plan related to SEPTA Key Kiosks and loss of rider funds. (Bass)
Resolution authorizing the Committee on Streets to hold hearings regarding the installation of traffic calming measures to reduce pedestrian fatalities and property damage. (Bass)
Bills and Resolutions Introduced Today (By Member)
Due to the volume, ceremonial resolutions introduced by Councilmembers that honor or memorialize individuals or organizations will not be listed below, but can be found on Legistar.
Councilmember Mark Squilla (D-1st)
B - Authorizing encroachments in the form of a sidewalk cafe at 817 Christian Street.
B - Authorizing encroachments in the form of a sidewalk cafe at 1524 S. 10th Street.
B - Authorizing encroachments in the form of a sidewalk cafe at 2301 E Albert Street.
B - Amending Parking Regulations to revise requirements with respect to angle parking.
B - Modifying the list of products that may be sold from newsstands.
Councilmember Curtis Jones, Jr. (D-4th)
B - Revising the lines and grades for land located in the 4th Councilmanic District.
B - Renaming the Charles Baker Recreation Center the Charles Baker and Carol Baker Rice Recreation Center.
B- Authorizing the installation of a structure in the 4th Councilmanic District.
B- Establishing a temporary demolition moratorium for an area of land near Ridge Avenue located in the 4th Councilmanic District.
R: Authorizing Committee on Public Safety to hold hearings regarding “3 strikes and you're out” laws and their potential impact on retail theft in Philadelphia.
Council President Darrell Clarke (D-5th)
B - Adding new notice provisions related to Right of Way Management.
B - Authorizing encroachments in the form of a sidewalk cafe at 1216 N. 29th Street.
B - Authorizing encroachments in the form of a sidewalk cafe at 635 West Girard Street.
B - Amending the Zoning Code to create the Brewerytown / Sharwswood Sub-Overlay.
Councilmember Mike Driscoll (D-6th)
B - Continuing the Aramingo Ave shopping district beyond its termination date.
R - Initiating action to continue the Aramingo Ave shopping district beyond its termination date.
Councilmember Cindy Bass (D-8th)
B - Amending the zoning designation of land near Johnson and Germantown Avenue in the 8th Councilmanic District.
B - Continuing the Chestnut Hill Business Improvement District through its termination date.
R - Calling on SEPTA to investigate and create plan related to SEPTA Key Kiosks and loss of rider funds.
R - Authorizing the Committee on Streets to hold hearings regarding the installation of traffic calming measures to reduce pedestrian fatalities and property damage.
R - Initiating action to continue the Chestnut Hill Business Improvement District.
Councilmember Anthony Phillips (D-9th)
B- Requiring certain businesses to enforce shopping cart containment systems.
Councilmember Brian O’Neill (R-10th)
R- Authorizing and ratifying Councilmember O'Neill's appeal of ZBA decision on 2901 Grant avenue.
Councilmember Kendra Brooks (I-AL)
R - Declaring Philly's commitment to protecting and expanding access to abortion and creating a Reproductive Rights Task Force.
Councilmember Katherine Gilmore-Richardson (D-AL)
B - Expanding provisions related to required video monitoring for nuisance businesses.
Councilmember Jim Harrity (D-AL)
R - Authorizing the committee on Neighborhood Services to hold hearings on the use of zip codes as a proxy for discriminatory actions for the provision of business services.
R- Urging the White House to reexamine International Policy towards Ethiopia.
Councilmember Isaiah Thomas (D-AL)
B - Adding provisions to the Fair Criminal Record Screening Standards related to post-conviction exonerations.
R- Calling on the Administration to work collaboratively with stakeholder groups to provide reentry supports to wrongly convicted and exonerated Philadelphians.
Councilmember Sharon Vaughn (D-AL)
R - Authorizing the Committee on People with Disabilities to hold hearings on the frequent misdiagnosis of Ehlers-Danlos syndrome.
Bills and Resolutions Passed by City Council at Today’s Session
Resolutions:
🗣️ 230432 (Harrity): Calling on Safehouse, the United States Department of Justice, and the Mayor to halt implementation of supervised injection sites in the City of Philadelphia, to involve community groups and other branches of city government with differing views to participate in settlement negotiations, and to enforce the previous holding from the Third Circuit Court of Appeals.
🏆 230### (Thomas): Honoring Chill Moody as Champion of the Week for being the first community artist in residence at the Mann.
🏆 230### (Jones): Recognizing October 2nd as Philly Minority Enterprise Development Week.
⚖️ 230### (Jones): Authorizing Committee on Public Safety to hold hearings regarding “3 strikes and you're out” laws and their potential impact on retail theft in Philadelphia.
🏆 230### (Johnson): Commemorating the 60th anniversary of the bombing of the 16th Street Baptist Church in Birmingham, Alabama.
⚖️ 230### (Vaughn): Authorizing the Committee on People with Disabilities to hold hearings on the frequent misdiagnosis of Ehlers-Danlos syndrome.
⚖️ 230### (Harrity): Authorizing the committee on Neighborhood Services to hold hearings on the use of zip codes as a proxy for discriminatory actions for the provision of business services.
🔏 230### (O’Neill): Authorizing and ratifying Councilmember O'Neill's appeal of ZBA decision on 2901 Grant avenue.
🏆 230### (Bass): Recognizing Rafael Villamil for his important work around Latino Art in Philadelphia.
⚖️ 230### (Bass): Authorizing the Committee on Streets to hold hearings regarding the installation of traffic calming measures to reduce pedestrian fatalities and property damage.
Bills:
💸 230186-A (Clarke): Authorizing an increase in the non-electoral indebtedness of the City within the Pennsylvania constitutional limit; authorizing the Bond Committee to sell bonds at public or private negotiated sale, to provide funds toward various capital municipal purposes; providing for appropriations to the Sinking Fund Commission for the payment of such bonds; and authorizing agreements to provide credit or payment or liquidity sources for the bonds in connection with issuance of the bonds, and certain other actions.
🏗️ 230410 (Lozada): Amending Chapter 14-500 of The Philadelphia Code, entitled “Overlay Zoning Districts,” to add an overlay district pertaining to injection sites for narcotics, all under certain terms and conditions.
Veto Overrides:
🏗️ 230448 (O’Neill): Amending Chapter 14-500 of The Philadelphia Code, entitled “Overlay Zoning Districts,” by amending Section 14-514, entitled /FNE, Far Northeast Overlay District, Section 14-515, entitled /NE, Northeast Overlay District, and Section 14-524, entitled /FDO, Fourth District Overlay District by creating regulations for Medical Marijuana, all under certain terms and conditions.
📆 Upcoming City Council Public Hearings
(Click on the Committee listing to download the full agenda of bills and resolutions for the meeting.)
There are no upcoming committee hearings currently scheduled
“What is an Overdose Prevention Center” - https://drugpolicy.org/issue/overdose-prevention-centers-opcs/
Steering Committee for the Supervised Consumption Service Guidelines, British Columbia Centre on Substance Use. Supervised consumption services: operational guidance. British Columbia Ministry of Health. Accessed September 14, 2023. https://www.bccsu.ca/wp-content/uploads/2017/07/BC-SCS-Operational-Guidance.pdf
https://www.justice.gov/usao-edpa/pr/civil-lawsuit-filed-seek-judicial-declaration-drug-injection-site-illegal-under-federal
“Justice Department asks federal court to dismiss Safehouse’s supervised injection site case,” The Philadelphia Inquirer, https://www.inquirer.com/news/safehouse-safe-injection-site-philadelphia-20230726.html