Law Department
Fails Citizens
We are seeing a clear pattern
from the Law Department of stalling and subterfuge
when it comes to the enforcement of decisions and
orders coming from the courts regarding the
billboard industry.
Repeatedly, Judges have ordered
for the removal of signs and payment of fees. Yet,
the Law Department fails to act on these decisions
and collect the fines owed to the city. In
addition, the Law Department consistently agrees to
continuances of hearings that would move towards
resolving these violations once and for all. Every
continuance granted gives these businesses an
opportunity to make money on their illegal,
unpermitted, and unlicensed signs.
Presented below are four cases
that demonstrate the firmness and clarity of the
rulings that are being handed down regarding the
billboard industry in Philadelphia, and the Law
Department’s willful reluctance to take the
necessary steps to manifest the court’s orders. In
2002, the Philadelphia Law Department was prepared
to enter its case requesting a court order for
removal of all the signs in these cases. Shortly
before the scheduled hearing date, the Law
Department agreed to a continuance. Four years
later, these signs are still standing and collecting
revenue (Click on each case to view its history and
more information).
Failure to
Collect Fines Levied by the Courts
In one instance, after the
building owner lost his appeal to the Supreme Court
of the United States, the Law Department did take
the appropriate steps and pursued enforcement
against Callowhill Center Associates for a 9,750
square foot illegal wall wrap. Judge Alan K.
Silberstein ordered the wall wrap removed and fined
the owner $65,850 based on $150 a day for the
period in which the owner ignored court rulings, and
continued to lease the mega wallwrap for
advertising. The Judge also
ordered that all
advertising revenue earned during this period be
forfeited and placed in a trust for the benefit of
the citizens of Philadelphia. (Copy of the decision
attached.) Again, the Law Department has
taken no action in collecting this fine. The
property owner, emboldened by the Law Department’s
inaction, has applied for another variance and will
be presenting his case to the Zoning Board.
In addition, we estimate that
there are more than 50 billboard cases sent over
from L&I for enforcement action that are languishing
in the Law Department.
We all understand that city
departments are asked to perform with limited
resources. However, the consistent lack of action
from the Law Department in enforcing the court’s
decisions creates the impression that there is more
going on here than simply being understaffed.
We believe the Law
Department needs to explain its actions, meet its
obligations and take enforcement action in the
immediate future.
SCRUB and its citywide network
of neighbors and business owners have been working
for sixteen years trying to rid this city of the
blight of billboards. Our work should not be undone
due to a secret and misguided deal with the
billboard industry and their high-powered attorneys.
