Street, Schweiker face suit

Philadelphia's City Council, in conjunction with several other individuals and community groups, filed a federal lawsuit Wednesday against Philadelphia Mayor John Street and Governor Mark Schweiker.

Council voted 13 to 4 to approve the lawsuit one day prior to Street and Schweiker's Dec. 21 decision to turn the troubled Philadelphia School district over to a five-member School Reform Commission.

The commission has most recently been working towards hiring private companies to help manage some schools. They are currently set to announce the first of the hired firms -- which will likely include Edison Schools, Inc. -- this month.

However, those involved in the lawsuit hope to prevent any of that from happening.

"We're probably going to be asking the court for an injunction until the issues in the case are resolved," said Technical Services Director Stanley Shapiro, who is researching the legalities of the case.

If the court agrees to such an injunction, the School Reform Commission would be prevented from hiring any of the private companies until the court reaches a decision in the case.

The commission has not yet had an opportunity to review or respond to the lawsuit. The mayor's office is also currently looking into the case.

"We just received it late afternoon" Wednesday, said Mary Rita D'Alessandro, special assistant to the mayor. "We are taking a look at it and having the law department do so as well."

Officials from the governor's office were unable to be reached for comment yesterday.

Twelve council members have included their names on the suit. The current agreement between Street and Schweiker violates the federal and state constitution, as well as the city's Home Rule Charter, according to Councilman David Cohen, one of the leaders in this case.

This case "seeks to vindicate federal constitutional rights and voting rights," Cohen said. "It deals with equal protection and due process. The School Reform Commission arbitrarily eliminates the means by which voters can control the school board's actions through elections."

Voters will not even be able to influence the School Reform Commission's decisions, Cohen pointed out, by electing a new governor later this year. The three commission members appointed by Schweiker will not be subject to a new governor's influence because they serve seven-year terms.

And because the agreement between Street and Schweiker did not involve Philadelphia's voters, the takeover, the plaintiffs claim, was unconstitutional.

While Philadelphia's City Charter gives control of the Philadelphia School District to the Board of Education, Street recently disbanded the board and created the commission. The plaintiffs contend that, thanks to the Home Rule Charter granted in a 1922 state constitutional amendment, Philadelphia's charter cannot be changed unless by a voter referendum.

"The Home Rule Charter states that once control is given to the local community, it can never be taken away," Cohen said.

Not all members of the council, however, support the lawsuit. Councilman Frank Rizzo believes this legal action will simply hinder any improvement to the city's schools.

"I consider filing a lawsuit against the Commonwealth and the SRC to be an obstruction to long term, meaningful educational and financial reform in the Philadelphia School System.... The city hasn't solved the problems, so let's give the state a try," Rizzo said.

A similar lawsuit, filed by community groups and labor unions in January, was denied in the state courts. The case was refiled, but the courts have not yet reached a new decision.

However, plaintiffs of this new case contend that filing their suit in federal court will lead to a more successful outcome. They attribute this in part to the federal nature of their arguments, but also because, according to Cohen, "Federal courts are less likely to be influenced by the governor."

Other groups working with City Council include the local chapters of the National Association for the Advancement of Colored People and the National Organization for Women, as well as other parent and minority groups. These groups share the belief that the agreement creating the School Reform Commission took rights away from Philadelphia's voters.

"We do not believe the state can invoke this kind of thing," Cohen said. "At best it is benevolent dictatorship."

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