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June 12, 2002
TO THE PRESIDENT AND MEMBERS OF THE
COUNCIL OF THE CITY OF PHILADELPHIA:
I am returning herewith as disapproved, Bill Number 010695-A. Council passed this bill at its session on May 30, 2002.
Bill Number 010695-A would amend the Philadelphia Code to add various requirements and prohibitions relating to students living in the Fourth Council District, and would place additional responsibilities on any college or university for certain violations of the Philadelphia Code. This legislation is overreaching. It creates a discriminatory pattern of enforcement thereby raising issues of fundamental fairness. Moreover, this legislation treats in a punitive way colleges and universities that are valuable members of our community. They contribute billions of dollars to our economy, employ tens of thousands of our fellow residents, and serve as anchors and partners in many of our neighborhoods.
This legislation not only imposes vicarious liability for colleges and universities in the Fourth Council District as a way of addressing disruptive behavior of a handful of students, but, also will establish much more expansive liability for any college or university, regardless of where it is located. It establishes vicarious liability for any college or university for any of their students' behavior that takes place in the Fourth District, if that conduct is in violation of provisions of the Philadelphia Code relating to zoning compliance; noise and excessive vibration; property damage, prohibited conduct in public places; and refuse littering, again, regardless of where the institution is located. Consider the implications:
* Temple University has 19,330 students enrolled in its undergraduate program. The vast majority are under the age of 23 years and enrolled full-time and thus fall within the reach of this bill. Temple University is responsible for their behavior in the Fourth Council District, even those living with their parents.
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