A real dogfight

NEWS

Michael Nutter's budget cuts sparked a series of lawsuits, decisions and appeals, but the battle may not be over just yet.

By Lorraine Gennaro

Add Comment | Comments: 0 | Posted Jan. 8, 2009

The Queen Memorial branch in Point Breeze, along with 10 other libraries citywide slated to close Monday, remained open thanks to a judge's injunction. Staff photo by Greg Bezanis

The final months of 2008 seemingly went from bad to worse for Mayor Michael Nutter with the drama playing out on the public stage. Hardly the kind of first year any newly minted public official would want. And, so far, 2009 isn't shaping up much better.

A series of unfortunate events were set in motion Nov. 6 when Nutter announced budget cuts that would close a host of city services like libraries and fire companies. That decision launched a catapult of criticism and resentment among Philadelphians who were not shy in letting their voices be heard, including at several Town Hall meetings such as the one Nov. 25 at South Philadelphia High School, 2101 S. Broad St.

The next month the former City Councilman was taken to court three times -- twice for the library closures and once by the Philadelphia Firefighters Union for his plan to eliminate seven companies citywide, including Ladder 11 at 12th and Dickinson streets and Engine 1 at Broad and Fitzwater.

In the end, Nutter won the battle with the firefighters, but lost the others when Judge Idee Fox ruled in favor of two lawsuits filed last month that prevented the shuttering of the libraries.

But it's not over yet.

Monday, City officials met with Fox to ask her to reconsider her ruling, Nutter spokesman Doug Oliver told the Review. Fox refused and the mayor filed an appeal Tuesday with the Commonwealth Court; a hearing is scheduled for late February.

"What we're saying is we're going to do everything we can to comply with the judge's order. At the same time, we have appealed the decision," Oliver said.

For now, all library branches remained open at press time.

In ruling against the mayor, Fox cited a 1988 ordinance requiring Council approval to close any city-owned building and also said the land upon which two branches sit would revert to the original owners if the libraries ceased operation.

The first of two library litigations was filed Dec. 23 with a class-action lawsuit filed by plaintiffs AFSCME, the union to which Philadelphia librarians belong, as well as seven residents representing citizens affected by the closures. The following day, Councilmen Bill Green and Jack Kelly, along with Councilwoman Jannie Blackwell, filed a separate lawsuit. Both sought to prevent the mayor and the library system from closing city-owned buildings without Council authorization. But the bad news didn't end there for Nutter. Dec. 30, he was slapped with a People's Indictment by citizens calling themselves "a coalition of groups working to save neighborhood libraries."

Of the 11 libraries on the chopping block, two are in the area: The Fumo Family Branch at 2437 S. Broad and Queen Memorial at 1201 S. 23rd St. Both were saved and that's good news for people like coalition members Susan Gould, from 10th Street and Snyder Avenue, and Point Breeze resident Betty Beaufort, both of whom attended the Dec. 29 and 30 hearings.

"I feel good about the victory because it will give us more time to keep the libraries open and come up with ways to cut costs," Beaufort said. "Just don't close up 11 libraries in the worst of the worst of the neighborhoods. That is my issue with [Nutter]. I cannot understand this at all. To me, it's cutting off knowledge."

Gould added, "The fact that Judge Fox stuck to her guns and did not accept the mayor's arguments is a great second step toward rescuing these libraries. It gives us what [the coalition] begged for all along: More time; more time to come up with money-saving strategies."

Viewing Fox's first ruling as essentially stripping his powers, Nutter issued a statement hours after the injunction:

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