Judge rules for Weinberg in suit

Despite Tuesday's dismissal of a lawsuit challenging the legality of politico Marty Weinberg's mayoral run, he and opponent Happy Fernandez -- who filed the suit -- continued to throw punches at one another yesterday. Last week, Fernandez, a former City Council member, charged that Weinberg --Ewho in recent weeks has shot ahead of Fernandez and several other candidates in the polls -- has not lived in Philadelphia for the required three years prior to the election. But after hearing testimony from Weinberg, a Philadelphia Common Pleas Court judge ruled on Tuesday that Fernandez failed to disprove Weinberg's status as a city resident. Weinberg spokesperson Bill Miller characterized Fernandez's legal efforts as nothing more than a way "to jump-start a failing campaign," adding that he thought the judge's ruling would dispel all doubt over Weinberg's residency. "It's the end of the issue for us," Miller said. "As far as we were concerned, we didn't have an issue from the beginning. Anyone who knows Marty knows he's a lifelong Philadelphian." Initial questions of Weinberg's residency emerged several months ago, but with the May 18 primary election approaching, Fernandez and fellow Democratic candidate John White led a vocal charge to force Weinberg -- who admits to owning homes outside of city limits -- to release tax records to prove that he lives in the city. On March 15, one day before Fernandez filed her suit, representatives of Weinberg's Democratic opponents met to discuss the situation -- a meeting that Miller described as a "full-blown conspiracy." "Sometimes you can define your stature by the quality of your enemies," Miller said. "As far as I'm concerned, we've got somebody afraid of the Weinberg candidacy, so we must be doing something right." The dismissal didn't end the sniping between Weinberg and Fernandez. "While we're disappointed [in the verdict], we knew we stood a good chance of coming up short because the law is interpreted loosely," Fernandez spokesperson David Dougherty said. "And Marty Weinberg, as he has done for the last 25 years, has jumped through another hoop." But Miller rallied back, calling Fernandez a "clearly mean-spirited" person who "is comfortable in the back room." Despite Miller's contention that the matter is closed, Dougherty said that while the lawsuit may have been dismissed, "[Weinberg's] commitment to the city is sorely lacking." Dougherty noted that Fernandez has been a longtime resident of West Philadelphia's Powelton Village, while Weinberg has bounced from home to home during the past quarter-century -- a distinction that Dougherty said works in Fernandez's favor. "My view is that campaigns are won on contrast," Dougherty said. "You have to give [voters] a choice. And in the last few weeks, they've gotten a real contrast between Happy and Marty." But Miller said the Weinberg campaign expects voters to look past this recent turn of events. "Our campaign never got off track," Miller said. "We're still focused. Marty is as energetic as he's ever been and he is ready to attack the issues." Dougherty criticized Weinberg's response -- which included a threat from his lawyer to countersue Fernandez and attach her personal assets. Dougherty said such hostility will help voters see the "real" Weinberg. "We brought a legal challenge to Marty Weinberg and he responded with threats to Happy personally," Dougherty noted. "I think voters learned about the way he reacted to this challenge and I think they learned a lot about Happy from her challenge." White spokesperson Paul Bennett said he believed the residency matter was over, but not before the controversy took its toll on the election. "[The controversy] opened the window for people to see the fabric from which Weinberg was cut," Bennett said. Throughout this year's campaign, Weinberg has repeatedly referred to his childhood in the rowhouses of South Philadelphia -- a fact that he also highlights in the commercials that have blanketed Philadelphia's airwaves in recent weeks. "There's no way you can live in a $600,000 house and be a rowhouse candidate, nevermind the fact that the house is outside Philadelphia," Bennett said. "He's got an estate and it's gorgeous. I wish I had it."

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