Dem. Weinberg faces legal battle

Philadelphia mayoral hopeful Happy Fernandez filed a lawsuit yesterday against one of her opponents, Marty Weinberg, accusing him of flouting a city law that requires candidates to have lived in the city for the three years preceding the general election. The suit is intended to force Weinberg to come forth with local tax records that would reveal whether he has paid taxes as a Philadelphia resident for the last three years. Weinberg did release his federal tax records yesterday, which listed his primary residence to be in the city. "What we have to do, frankly, is clarify Mr. Weinberg's status," Fernandez Campaign Manager David Dougherty said. "He has a pattern of living outside Philadelphia and moving back into the city when it meets his needs." Weinberg -- a former city solicitor and aide to the late former Mayor Frank Rizzo -- has previously admitted to owning as many as 25 homes in the last 25 years and questions of his permanent residency stem from this abundance of homes, many of which were located outside the city limits. Bill Miller, a Weinberg spokesperson, was not available for comment yesterday, but told The Philadelphia Inquirer Monday that the candidate does not have a "residency problem" and that he believed the recent challenges from Fernandez and fellow Democratic candidate John White were attempts to gain "free press." The latest turn of events presents an ironic twist for Weinberg, also a Democrat, who had recently launched a successful television advertising campaign emphasizing his modest upbringing in the rowhouses of South Philadelphia. Weinberg lists a Penn's Landing condominium complex as his current address, according to the Inquirer. Fernandez and White --Ewho both lag significantly behind Weinberg and Democratic frontrunner John Street in the polls -- have taken the lead in urging the deep-pocketed politico to prove that he is in compliance with the residency requirement. "It's a matter of voters being informed of the commitment of the candidates running for mayor and the honesty of the candidates running for office," Dougherty said. White's campaign manager, Dean Levitan, said the controversy would likely help Fernandez in the long run. "I think Happy cuts into his votes," Levitan explained. "Marty responding to Happy is going to lift her up."

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