Scholarship dispute heads to trial today

The Mayor's Scholarship dispute will become a full-fledged legal battle today as the twists and turns of a year of disagreement finally lead to a Philadelphia courtroom. Since its filing in October 1991, the case over the number of scholarships the University is required to distribute annually has become a seemingly endless process, evolving into a cascade of papers, a tangled thicket of red tape and a thwarted attempt at a trial. The lawsuit, filed by labor unions, student groups and several individuals, claims that a 1977 city ordinance requires the University to award Philadelphia high school graduates 125 scholarships a year for a total of 500 at a time. But the University maintains that it is required by the disputed ordinance to provide a total of 125 scholarships at a time in return for rent-free city land. The case first went to Common Pleas Court in April of this year but was thrown out of court because the plaintiffs did not name the city and the mayor as co-defendants with the University. "The judge ruled that the city is an indispensable party, and that the trial couldn't proceed without the city because city interests are being litigated," said Mike Pratt, attorney for the city. Now, with the city and the mayor standing with the University, the trial promises to be a gladiator match and a dramatic manifestation of ongoing conflicts between the University and its critics. The plaintiffs in the suit claim that the University has not fulfilled its obligation to the Philadelphia community. And, according to Pratt, they will be very much present in a parade of witnesses. "The ordinance, and whether or not the language of that ordinance is ambiguous -- that's what everything will hinge on," Frances Walker, executive director of Parents Against Drugs and a plaintiff in the suit, said last night. "We're looking forward to the court honoring the ordinance that was agreed upon in 1977." Attorneys for the plaintiffs, the University and the city have all stated that today's trial -- which could continue for the rest of the week -- will come down to determining the exact meaning of the generally-phrased words of the 1977 ordinance. "I can see the trial depending on what is the evidence of the deal that was reached between the University and the city back in 1977," Pratt said yesterday. "Our position is very simple, which is that the city and the University agree that our obligation is the 125 scholarships at any one time," University General Counsel Shelley Green said this weekend. "Period. Simple. That's it." The plaintiffs, however, interpret the words differently. "The words of the ordinance are that 125 four-year full tuition scholarships or their equivalent are to be awarded annually by the mayor," Public Interest Law Center of Philadelphia attorney Mike Churchill said. One challenge the plantiffs will face is to explain why the University did not announce the agreement in 1977 if, in fact, it agreed to quadrupling the number of scholarhips annually. Sources said last week that PILCOP may argue that the University could not announce the change in the agreement because of labor troubles. The University faced internal strife as a result of a strike which began in August 1977 and continued throughout the fall. The attorneys added that the tone the week's events will take is anyone's guess. But Pratt said he thinks the outcome will not be the end of this lengthy litigation, but only lead to another trial. "I wouldn't be surprised if one of the sides would appeal [the decision reached in this trial]," Pratt said. "We'll have to wait and see." The opening day of the Mayor's Scholarship lawsuit will start today at 8 a.m. in room 906 at 5 Penn Center.

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