SCRUB's mission is to promote healthy, vibrant and beautiful public spaces throughout all of Philadelphia by using advocacy, public awareness and education, community mobilization and legal action.

Please Come Support Burholme Park!

With the recent dissolution of the Fairmount Park Commission, the future of Philadelphia's park system is uncertain. As pointed out in an Inquirer editorial: Park's Close Call, the protective buffer of veto power long held by the Park Commission is being replaced by a mayoral appointed "advisory" commission with no such power.

A majority vote in council could result in the loss of parkland. Courts however must approve dedicated parkland transactions and the public trust doctrine has long protected active parkland from private interests.

Last Fall, SCRUB successfully represented neighbors and users of Burholme Park who were granted standing to intervene in the City's Petition to lease the park to Fox Chase for expansion. Orphans' Court Judge John Herron denied the City and Fox Chase applying the public trust doctrine as the standard of review in deciding this case.

The public trust doctrine, enshrined in Pennsylvania since the early 1900's, is the rule of law requiring that the City "maintain Burholme Park as a park so long as it remains an active park." Judge Herron wrote that there was no evidence presented during the seven days of testimony that BurholmePark has ceased to fulfill its purpose as a vibrant public park.

Fox Chase Cancer Center had proposed that as many as 18 buildings could be built through the very center of the lush park with heights up to nine stories. Judge Herron wrote that the development plan ,"would alter, change and diminish Burholme Park forever" and that "the scope and the proposed construction is inconsistent with park purposes."

In closing, Judge Herron wrote:
"so long as a community or neighborhood actively uses dedicated park land, the City is required to hold such land in trust for their use, is legally estopped from divesting such land and is required to maintain these open spaces as public parks."

In its May 21, 2009 Reply Brief, the City Law Department dismissed the Public Trust Doctrine. The City wants to:
"free up land for its best possible use, always done with the public interest in mind and subject to judicial review, but with court deference to the views of the municipal legislature." (Page 6);

"dedication of the land to park use back in 1905 and 1915 should not freeze its use for higher and better purposes, in light of current practical realities,and the judgement of today's City Council. The DDPA [Donated and Dediated Property Act] was enacted precisely to override a calcified view of property law." (Page 6).

A Panel of three Commonwealth Judges will choose between the two: i.e. preserving donated parkland that belongs to the people "to be used as a park forever" according to the will of the donor OR opening the door to a new interpretation of the law that will allow dedicated and active parkland to be sold, leased, or given away to private interests for non-recreational use and development.

Commonwealth Court Hearing will be held:
Monday, June 8, 2009 at 1:00pm
Court Room #2 Ninth Floor,
Widener Building,
1339 Chestnut Street

Remember to bring I.D. to pass through security. and If possible, sit on the right side of the courtroom.

Please attend this historic hearing that will impact the future of Philadelphia parkland.

Be the Public Voice for Public Space!

For more information, read:

City Law Department Reply Brief

Appellees' Brief

Fox Chase's Appeal

Read Judge Herron's Opinion

Read Judge Herron's Ruling Granting Taxpayer Standing to Neighborhood Residents

Be a Public Voice for Public Space TODAY!

Contact Mayor Michael Nutter and ask him to veto Bill 090015.

On May 14, 2009, City Council unanimously passed the Newsstand Bill (No. 090015), which allows commercial non-accessory advertising on newsstands all over Philadelphia. SCRUB opposes this bill because it will not only detract from the look of our city but it:

1) Violates Federal and State law and the long standing policies of the FHWA by allowing commercial advertising signs within the public right-of-way;

(2) Threatens to undermine the validity of our existing sign laws which prohibit commercial non-accessory advertising within Center City Philadelphia; and

(3) Eviscerates the Mayor's commitment for a comprehensive street furniture program while diverting a critical source of revenue for public amenities to special interests.

Mayor Nutter has until next Thursday to veto Bill No. 090015. Make your voice heard and tell Mayor Nutter TODAY to veto the Newsstand Bill.

Click below to send a message to Mayor Nutter - it's that easy! We strongly encourage you to personalize the letter and call the Mayor's office at 215-686-2181. You voice can make a difference!

Click here to go to Scenic America's website to send Mayor Nutter your message

VICTORY! City Council Pulls Park Bill!

Thanks to your support and outcry at the proposed City Council Bill allowing non-recreational, private uses on public parkland, Councilwoman Krajewski has pulled the Bill from City Council!

Early Tuesday afternoon at the Philadelphia City Planning Commission meeting, the Executive Director of the Planning Commission, Alan Greenberger announced that the Bill, referred to as Bill No. 090380, was pulled from the City Council calendar and therefore would not be considered by the Planning Commission.

SCRUB will continue to follow this issue and other issues affecting our public space and keep you informed.

Thanks again to all who contacted their City Council members and the Planning Commission.

Click here to read the Inquirer’s Article on the Proposed Bill.

Parks Threatened by Proposed Council Bill

A seriously mind-boggling piece of legislation (see full text below) was introduced last Thursday, May 7, 2009 in City Council proposing the following new uses on parcels of public land zoned recreational:
• Catering Facilities, including accessory live entertainment and dancing;
• Conference centers;
• Detached single-family dwellings;
• Meeting facilities;
• Museums; or
• Public or private parking lots.

We are all aware of the City's serious budget deficit and the understandable preoccupation of the Mayor and City Council to find additional revenue sources. However, once any of the proposed uses are built on public land, our park land will be gone forever.

Fairmount Park is the nation's largest urban park. It is a source of pride among citizens of Philadelphia and it should be protected and preserved for all future Philadelphians.

Please tell your friends about Bill No. 090380 and sign up for updates from SCRUB!

Please click here for the full text of Bill No. 090380

Billboards on Newsstand Bill Voted Out of Committee: Passage Will Threaten Sign Laws All Over the City

Laws regulating outdoor advertising signs have enabled SCRUB to help residents breathe new life into neighborhoods once blighted by the proliferation of billboards. These laws are under threat by Bill 090015, which was voted out of committee last Tuesday by Councilmembers DiCicco, Green, Jones, Greenlee, and Quinones-Sanchez.

Over 500,000 square feet of outdoor advertising signs, including 8-sheets, wall wraps, graffiti ad campaigns, and towering billboard structures do not exist in Philadelphia as a result of the existing outdoor advertising sign laws and the successful legal challenges brought by neighborhoods and SCRUB in leveraging these laws.

Bill 090015 increases the size, amount and types of advertising signage permitted on newsstands. Currently, newsstand owners are limited to signs that promote periodicals and Pennsylvania Lottery products sold on-site; this legislation will allow newsstand owners to install non-accessory advertising for all kinds of products and businesses.

The bill carves out special exceptions to benefit private interests and seriously threatens the regulatory framework that has protected our public spaces from the proliferation of outdoor advertising for over 20 years.

Billboards and other non-accessory signage are prohibited in CenterCity and neighborhood commercial corridors where most newsstands are located. Prohibited sign technologies including electronic signs, video panels and illuminated curbside panels,would also be allowed on newsstand structures under the proposed bill.

The Newsstand Association worked closely with Councilman DiCicco's office to draft Bill 090015 which would give members special treatment and new freedom to install commercial advertising in the public right of way.

Testimony of City Administration
Steve Buckley, Director of Policy and Planning for the Deputy Director of Transportation, testified that "the Administration does not support the legislation in its current form."

He asked Councilmembers to hold the Bill and allow the Administration time to work with the public and vendors on a comprehensive streetscape and furniture plan that may include newsstands along with bus shelters, benches, and trash receptacles.

The goal of the street furniture program is to leverage the dollars earned through advertising in the public right-of-way to fund public amenities in all neighborhoods.

Neighborhood Concerns
SCRUB knows that our partners working in community development corporations and neighborhood-based organizations have been working tirelessly to revitalize neighborhood commercial corridors. Our current sign control laws have helped to improve the look and feel of neighborhoods. Bill #090015 is a direct assault on those laws.

This legislation will weaken the City's current sign controls for everyone. We all need to be playing by the same rules here. That's what good government is about," explained Mary Tracy, SCRUB Executive Director.

1. To learn more about this issue, read the testimony from the hearing posted on SCRUB's website

2. Contact District and At-Large Councilmembers about Bill 090015 and ask that they refuse to support it because it would harm revitalization efforts in neighborhoods by weakening our sign control laws.

Find Your Council District

Contact Information for Council Members

Supporting Documentation:

Transcript from Streets and Services Committee - 03.24.2009

Testimony from Streets and Services Committee - 03.24.2009

FUEL Outdoor Erecting Illegal Billboards Across Philadelphia

A company called FUEL Outdoor has erected dozens of outdoor advertising signs bolted on free-standing poles or on the walls of parking garages. These signs are very similar to the old “eight-sheet” billboards. They are currently located in parking garages and parking lots in areas that prohibit outdoor advertising signs.

SCRUB estimates that Fuel Outdoor has already erected 96 sign faces in 49 locations. You will recall the blighting impact hundreds of the illegally erected eight-sheet billboards had when they proliferated in so many of our neighborhoods. For over two decades, community groups tried to secure enforcement of the law and removal of these illegal signs. 959 of these signs were removed in 2007.

According to IllegalSigns.ca, a Canadian-based urban environmental advocacy group:

Fuel Outdoor’s signs were installed without permits first in Los Angeles, which has a street furniture contract. Fuel Outdoor then challenged the advertising sign by-laws of Los Angeles, under the First Amendment and was successful in the lower courts, which ruled that Los Angeles cannot ban Fuel’s signs because it allows the same type of signs on transit shelters.

Emboldened by the lower court victory in Los Angeles, Fuel Outdoor installed the same signs illegally in other American cities that have Street Furniture contracts including: New York, Boston, Chicago, Philadelphia, Washington DC, and San Francisco. There are currently outstanding challenges by Fuel Outdoor to the signs by-laws in San Francisco and New York. Those challenges in San Fran were stayed pending the outcome of an appellate court ruling in the Los Angeles case.

The ZBA will hear FUEL's request for a variance for 339 N. Broad Street on February 3, 2009 and 9:30 AM. The hearing will be held at 1515 Arch Street, 18th Floor.

List of FUEL's billboards in Philadelphia

Map and Photos of FUEL's billboards in Philadelphia

FUEL's ZBA Appeal

Illegalsigns.ca Article on FUEL's New York City Billboards

FUEL's New York Complaint

LA Times: FUEL Loses in LA

California Court Ruling Affirming Los Angeles Ability to Ban FUEL's Illegal Signs

SCRUB is turning up the heat on a major corporation and calling them out on their illegal ad campaigns.  Pabst Brewing Company, the fourth largest beer maker in America, is behind ads for Pabst Blue Ribbon and Colt 45 that have been spotted around the city on blank walls and abandoned buildings.  The ads for Pabst Blue Ribbon are fake "murals" featuring "artwork" submitted in a contest for Pabst drinkers.  But, even more outrageous are the "fake graffiti" style ads for Colt 45, seen below.

                                                                       (Photo by Bob Sola.)  

Pabst Brewing Company has been installing the ads around the city, with a high concentration in Kensington and Fishtown.  Community leaders alerted SCRUB about the campaigns and we took action right away.  We understand that L&I is currently investigating the ads and issuing the appropriate citations.

Read the news coverage from The Inquirer and the Associated Press.

SCRUB Continues to Fight for Taxpayer Standing
(Updated April 15, 2008)

Last August when Mayor John Street announced his administration's secret settlement with three players in the outdoor advertising industry, SCRUB voiced concerns about the impact of carte-blanche billboard legalization that gives up $9 million dollars in licensing fees.  Now, just a year later, the City is poised to allow ClearChannel to replace conventional billboards with high-tech, electronic billboards, granting yet another plum to the outdoor advertising industry at the expense of Philadelphia's visual environment and driver safety.

A photo from ClearChannel's website.  These digital billboards are in Milwaukee.

Read SCRUB's Press Release.

Read Scenic America's Billboards in the Digital Age: Unsafe at Any Speed.

Read the press coverage.

Late in the day on June 12th, SEPTA and their outdoor advertising contractor, Titan Outdoor, withdrew their application before the ZBA for a giant wallwrap on SEPTA's headquarters at 1234 Market Street.  The last minute change roused the ire of Zoning Board Chairman David Auspitz, who had scheduled a special hearing for the matter.  As a result, SEPTA and Titan cannot revisit the ZBA with this proposal for one year.

Read the latest coverage in The Inquirer.

Today SCRUB announced the filing of a lawsuit challenging the validity of a private agreement between three billboard companies and the city’s law department, which  purports to repeal or relax numerous provisions of the zoning code, and strip legislators and aggrieved persons of any right to challenge the legality of those companies’ billboards.

This agreement (click to download pdf) rewrites every law that has ever been passed to control the proliferation of billboards in Philadelphia.  It is essentially legislation happening behind closed doors, written by the City Law Department in conjunction with three billboard companies.  There has been no community input, no transparency and no accountability.  That is why SCRUB, our elected officials and community leaders must intervene.

Located at the intersection of Lindbergh Ave and Grays Avenue in West Philadelphia, these two billboards are right next to a block of row houses.

More information about the agreement.

Read the full press release and view more photographs.

On March 5th, 2007 at 1:00 pm, a Panel of Commonwealth Court judges held hearings for two cases denying the standing of taxpayers and communty groups. The Common Pleas Court had based its decisions for the two cases on the interpretation of a stealth amendment (Act 193) attached to an unrelated bill in 2004. Act 193 of 2004 was an attempt by friends of the billboard industry to remove Philadelphia's taxpayer standing, the historic right of citizens and community groups to appeal decisions of the Zoning Board.

The billboard at 3800 City Ave

The two Common Pleas Court cases were heard back-to-back, as they are related cases that both denied standing based on Act 193. The 3800 City Avenue decision by Judge Gary Glazer determined that SCRUB, the Wynnefield Heights Civic Association and the Belmont Village Association did not meet the new standard set by Act 193. In the 1630 Bainbridge Street decision, Judge Joseph Dych denied standing to a taxpayer who lived 1.5 blocks from the property. The Common Pleas Court ruled that the neighbor did not demonstrate direct or substantial interest beyond what members of the general public would experience.

At the Commonwealth Court hearing, Attorney Sam Stretton represented the community groups, and Rich Feder of the City Solicitor's Office represented the city. Both attorneys argued on behalf of taxpayer standing and requested that the court reverse the decisions rendered by Philadelphia Common Pleas Judges Joseph Dych and Gary Glazer.

Many thanks to over forty community leaders who attended. The impressive number of citizens who came to this hearing clearly demonstrated to the panel of judges that Philadelphians place a strong value on civic participation in zoning decisions. The judges did not rule from the bench but will take the matter under advisement. We will keep you posted.

Street Furniture or Commercial Clutter: An RFP to Expand Advertising in the Public Space
(Posted March 2, 2007)

This past January, the Philadelphia Department of Public Property released a Request for Proposals (RFP) for a ‘Coordinated Street Furniture Program.’

This RFP called upon advertising firms to submit proposals for a twenty-year contract which would allow them to reshape the streetscape of Philadelphia’s Center City District (CCD). According to the RFP, street furniture, such as Automated Public Toilets (APTs), transit shelters, news stands, advertising kiosks/display panels, honor box corrals, benches, and trash receptacles will provide a “coordinated and cohesive appearance,” that reflect the city’s “neighborhoods, historic and cultural districts and park sites.”

While residents may benefit from the practical use of these amenities, as well as the small increase in city revenue, the devil is in the details. Automatic Public Toilets (APTs) are costly ($250,000 a piece) and the idea is to fund them by allowing a large quantity of street furniture to be installed.

These new structures will generate profits for the advertising company that wins the contract. The city has requested thirty-five public toilets for various locations in the city. In return, the company will be able to advertise on the existing 272 transit shelters, build an additional 422 shelters and erect as many advertising kiosks, LED displays, trash receptacles, news stands and advertising benches as they need to compensate for their investment in the public toilets.   

Citizens’ skepticism runs high when they are shut out of the process. The City Administration failed to consult neighborhood residents, city council members or Philadelphia’s design community before issuing this broad invitation for advertising in the public space. In issuing this RFP, the administration has stifled public access and discussion. It has also ignored laws regulating outdoor advertising and commercial advertising passed by Philadelphia’s elected officials. The ‘Coordinated Street Furniture Program,’ if not analyzed and planned for in a thorough and pluralistic manner, will compromise the beauty and vitality of Philadelphia.   Let’s do it right. Open up the process to the public and include design professionals and community leaders who will ensure that the end result enhances the city’s streetscape for present and succeeding generations. 

Read the Daily News Article on the street furniture program.
Download the "Request for Proposals for a Coordinated Street Furniture Program" issued by the Department of Public Property.