SafeStreetsPhilly

SUMMARY / LETTER

Dear Mayor Parker and Philadelphia City Council,

We can combine compassion with common sense. Government can provide shelter and services to those in need AND protect the public's health, safety, and welfare. But, it is not compassionate to allow crime to go unchecked and for people to live on the streets - it is unsafe, unsanitary, and uncivilized for all concerned.  The "reported" crime rate in Philadelphia is alarmingly high, but would be even higher if the District Attorney and the police would do their job and enforce local, state, and federal laws. As a result, neighborhoods are being victimized by common criminals, the mentally ill, and the homeless, as well as drugs addicts and their dealers. Many residents have fled the city, and businesses have closed their doors or been forced to hire armed security guards. You can put an end to this unsafe, chaotic, and illegal situation. Please seriously consider taking the following actions:

  1. Offer long-term rehabilitation, drug treatment, and job training for those in need, including conduct-based intervention that results in mandated treatment.  However, please do not support certain businesses and non-profits that enable Prohibited Conduct under Titles 9 & 10, including hookah bars and smoke shops, as well as clean needle projects, safe injection sites, and similar "harm reduction" (i.e., enabling) programs that support people living illegally on city streets and in our neighborhoods, and who often commit crimes and harass residents and businesses.
     
  2. Enforce PA Criminal Code & Strengthen City Code:
     
  3. Bring the Office of the District Attorney into compliance with local, state, and federal laws: Demand that the District Attorney enforce local, state, and federal laws. Otherwise, City Council can defund the DA's office, upon which the PA Attorney General can assume the duties of that office. In addition, City Council and/or the Mayor can sue the DA for violating his oath of office through failure to enforce entire sections of the law, thereby aiding and abetting criminal activity; in which case a court can order the DA to do his job, and/or declare that the DA is in violation of city laws.
     
  4. Educate the Police: The city can hire more police, but the problem is that the police routinely refuse to issue Civil Violation Notices (CVN) and/or make arrests, even though they are allowed to under city and state law, particularly under Titles 9 (the responsibility of business owners to keep the public area around their businesses free of "prohibited conduct" ) and 10 (which describes "Prohibited Conduct"). The police give a litany of excuses, to include the fact that the District Attorney does not prosecute minor offenses, so why should they bother issuing CVNs and making arrests. They do not understand that "two wrongs don't make a right". Police also cite the The Bailey Decision and claim that their hands are tied, which they are not. In fact, some police officers mistakenly believe that people have a constitutional right to sit or lay where ever they want, even though a recent federal court decision (Murray v. The City of Philadelphia) concluded that people do not have that right. It is common for the police to let the homeless sleep through the night on the streets and in some neighborhoods, only moving them on in the morning. By not writing CVNs nor making arrests, the police are in violation of their oath of office, making the city less safe. Plus, they are not providing the data necessary to reflect the true crime rate in the city. For those victims who want to file for Protection Orders, some police have told victims that they would have to have had an "intimate or family relationship" with the offender, which is not correct. The police need to be educated to do their job, with constant reminders of what that means. Requiring a single page of written instructions on their person is in order.
     
  5. Enhance Public Oversight by providing the public with easy-to-access police records on individuals.  Per the PA Sunshine Act, public information should be easily accessible, yet police records of individuals' arrests, CVNs, mugshots, criminal history, and prosecutions are not. By making this information easy to access, the public can more easily track whether their 911 calls are resulting in an effective response by the Police Department and District Attorney's Office.
     
  6. Educate the Public: Both property owners and tenants have a 'legal right' and 'responsibility' under city laws (including Titles 9 & 10) to maintain their sidewalks and to keep them in good condition and safe - clear of holes, litter, snow, ice, as well as criminal behavior and prohibited conduct (i.e., loiterers, panhandlers, the homeless, etc.).  The public only has the right of easement, to pass by, but not to sit, stand, or otherwise occupy a sidewalk without the permission of the property owner. Most people are unaware of their rights and responsibilities. Unfortunately, many businesses who have security staff, often do not allow them to enforce security outside of the building, believing that they are not responsible for their own sidewalks, which is not correct and itself in violation of Title 9. The City should issue public service announcements (PSAs) & educational materials (online & print), plus include this vital information in real estate tax bills.
     
  7. Enforce "Pennsylvania Code, 5100.84" for 'involuntary commitments': This law has been widely misinterpreted by law enforcement authorities to only apply to those who are actively tried to physically harm themselves (i.e., commit suicide) or others (i.e., commit homicide or bodily harm). This misinterpretation of the law has resulted in thousands of mentally ill people living on the street or in prison, where they do not get the medical attention and/or secure facility that their condition requires. It should be amended, to make it abundantly clear that those who cannot take care of themselves, due to their mental condition, can receive long-term or life-time mental health care in a secure facility, if necessary.
     
  8. Determine the identity of the mentally disabled 1) So that their caretakers, relatives, or friends can locate them, and 2) to insure that those who qualify for Social Security Disability (SSD) and other benefits, receive them, along with an assigned case worker.  Some nonprofits claim that to gather that information is a violation of the mentally disabled person's privacy, but they are not taking into account that a mentally disabled person, by definition, requires assistance with decision making. Plus, not determining their identity can deny the mentally disabled their rightful access to SSD and other funds, while non-profits may receive funding from both government and private sources.
     
  9. Audit the Department of Homeless Services (OHS) to ensure that their $100 million dollar budget is being effectively employed. There are serious concerns that many of the programs and non-profits that are receiving tax funds are enabling the homeless to live on the streets, rather than finding them appropriate treatment programs, facilities, and accommodations. Under OHS's watch, many severely mentally disabled persons are living on the streets when they should be in a facility, according to PA Code, 5100.84. We have also been told that no clean-up of a homeless encampment can take place without OHS approval. Yet, they do not clean up encampments in a timely manner, unless the public complains loudly and often. When OHS does order a cleanup, it can take months to execute.
     
  10. Cover Sidewalk Steam Vents, Remove All SEPTA Benches, & Remove From Public Access Commercial or Private Trash Dumpsters and containers as they encourage "prohibited conduct" under Title 10. When the city removed the SEPTA benches across from Macy's on Market Street, it virtually eliminated the dozens of panhandlers, mentally ill, alcoholics, and drug addicts who hung out in that area and harassed local businesses and pedestrians.
     
  11. Amend City Zoning Code to Strengthen Property Maintenance Standards by L&I, which will help improve the health and safety of neighborhoods, aka Broken Windows