I submitted Right-To-Know Law requests for records related to the Philadelphia 76ers’ proposal to build a basketball arena atop Jefferson Station in August 2023. The City of Philadelphia denied all of my requests so I filed an appeal with the Pennsylvania Office of Open Records (OOR).
The OOR issued its final determination on January 9, 2024. My appeal was granted in part and denied in part. The OOR ordered the City to turn over responsive records by February 9, 2024. As expected, the City appealed the OOR’s decision to the Court of Common Pleas Philadelphia County.
Paula Knudsen Burke and Mayeesha Galiba of the Reporters Committee for the Freedom of the Press represent me on appeal. With their back against the wall, the City has agreed to turn over responsive records. The City produced the first batch of records on July 1, 2024.
The Sixers’ pitch to build a $1.5 billion arena in Center City hits its second anniversary this month with little to show beyond slick renderings and millions of dollars spent on lobbying.
Why it matters: The transformational project can potentially turn around the struggling Market East neighborhood but has divided residents and fueled concerns about quality-of-life issues and displacement.
State of play: All eyes remain on PIDC. The public-private development agency has yet to complete independent studies on the economic and community impacts of the plan, known as 76 Place.
Key legislators and officials have said they’re awaiting the completion of those studies before moving forward, including with legislation needed to kickstart the project.
This year marks the 45th anniversary of Black Music Month. The celebration of African American musicians and their contribution to American culture is the brainchild of music mogul and Rock and Roll Hall of Fame inductee Kenny Gamble, radio personality and media coach Dyana Williams and Cleveland DJ Ed Wright.
The first celebration was held on June 7, 1979. President Jimmy Carter and First Lady Rosalynn Carter hosted a dinner and concert on the White House’s South Lawn.
I love music. I also love transparency and accountability in government. Sunshine is said to be the best disinfectant (h/t Louis Brandeis). So Black Music Month and, indeed, every month, let the sunshine in.
The Philadelphia Art Commission falls under the Department of Planning and Development. When questioned by Valerie Russ of The Philadelphia Inquirer about the short notice given for the Art Commission’s May 8, 2024 meeting, Department spokesperson Bruce Bohri said, “Public notice for this Art Commission meeting is compliant with the Sunshine Act.”
Under the Sunshine Act, public agencies must provide at least three days advance notice of a regular public meeting. Art Commission staff met with Midwood Investment & Development’s art curator for over a year but the public was given the minimum notice.
Tellingly, Bohri is silent about whether Odili Donald Odita’s concept design is compliant with Section 14-702(5) of the Philadelphia Zoning Code:
The items or programs provided to earn this bonus must meet the definition of “On-site Public Art” or “On-site Cultural Programming” in Chapter 14-200 (Definitions). It is not the intention of these requirements to allow decorative, ornamental, or functional elements of the building or public space that are not designed by an artist and created specifically for the site, nor to have landscaped areas or other furnishings or elements required by this Zoning Code, to qualify as part of the public art requirement.
After 40 minutes of “deliberation,” Commissioners gave final approval to Odita’s repetitive design that has been installed on walls from Philadelphia to Venice, Italy. The only thing new about Odita’s “Newfound Forms” is the medium. This would be his first public sculpture.
To be honest, I question whether Odita ever visited the site. If he had, he would know that 12th Street is one way and the correct SEPTA bus route.
Bohri claimed the review was “consistent with longstanding Art Commission procedure.” But get this: In their submission to the Art Commission, Midwood acknowledged that “this will be the first public art erected pursuant to this zoning bonus.” The 40 minutes from presentation of the concept design to final approval by the Commissioners is without precedent.
In a letter to the editor published by The Inquirer on December 31, 2020, Midwood CEO John Usdan promised “to properly honor the memory and legacy of Gloria Casarez, the LGBTQ community, and Henry Minton on this site.”
A nameless representative told The Inquirer Midwood’s offer to recreate the Gloria Casarez mural “still stands.” Will Mayor Cherelle L. Parker hold Usdan to his promise to honor Black abolitionist Henry Minton?
On the eve of Black History Month 2021, Midwood Investment & Development demolished one of the few extant buildings associated with the Underground Railroad. The New York City-based developer demolished the former home of Henry Minton, an elite caterer and abolitionist who played host to icons of American history, including John Brown, Frederick Douglass and William Still.
The Henry Minton House had been the subject of a heated discussion at the Philadelphia Historical Commission in 2019. The road to demolition was paved by the Commissioners who ignored the unanimous recommendation of the Committee on Historic Designation.
Before demolishing the Henry Minton House, Midwood had painted over a mural honoring LGBTQ+ activist Gloria Casarez which adorned a wall of the 12th Street Gym.
The whitewashing of Gloria’s mural triggered a media firestorm. Midwood CEO John Usdan promised “to properly honor the memory and legacy of Gloria Casarez, the LGBTQ community, and Henry Minton on this site.”
Demolition of the Henry Minton House and 12th Street Gym was not the end of the story. Midwood has a conditional public art density bonus that allows the developer to build more cookie-cutter apartments on the site. 210 S 12th Street is in the footprint of the Henry Minton House and 12th Street Gym. The public art zoning density bonus is site-specific and must be approved by the Philadelphia Art Commission.
Fast forward to April 24, 2024, the law firm that represented Midwood at the contentious Historical Commission meeting asked to be placed on the Art Commission’s May 8, 2024 agenda. The Commission’s response: Done.
While Art Commission Director Alex Smith met with Midwood’s art curator “over the past year,” the public was given three business days’ notice. The agenda was posted on Friday, May 3, 2024. The Art Commission meeting was held on Wednesday, May 8, 2024.
In this shamelessly “corrupt and contented” city, the Art Commission conducted a sham review of Midwood’s concept design. In less than 40 minutes, the Commissioners voted to give final approval to a concept design that erased the African American and LGBTQ+ history of the site. The Commission approved a pig in a poke, e.g., “Rendered colors indicative only – Final color selection TBD in Design Development.”
The rendered colors’ similarity to the Pride Rainbow flag is a mere coincidence. Other than the medium, there is nothing new about “Newfound Forms.” Painter Odili Donald Odita’s repetitive design was installed in Philadelphia on a now-blocked mural, Cleveland, Richmond and Venice, among other cities.
Author E.A. Bucchianeri said, “Art is in the eye of the beholder, and everyone will have their own interpretation.” Ray Charles and Stevie Wonder could see final approval of Odita’s repetitive design made a mockery of the site-specific public art density bonus.
I have submitted a Right-To-Know Law request that will shed light on the Art Commission’s perversion of the public art review process.
I shot the sheriff. But I didn’t shoot the deputy (h/t Bob Marley). You won’t read about it in the Philadelphia Inquirer or any news outlets because it didn’t happen. Nor will you read about Philadelphia Sheriff Rochelle Bilal’s “record of accomplishment during her time in office.” The Inquirer reported:
But Bilal has been telling a different story on her campaign website. It features dozens of favorable headlines attributed to local news organizations such as NBC10, CBS3, WHYY, and The Inquirer, all listing the dates of publication.
“This page,” the site proclaims, “highlights Sheriff Bilal’s record of accomplishment during her time in office.”
One snag: No one can seem to find any of the supposed news stories
For an office plagued by corruption and shady deals, spreading fake news and wasting taxpayers’ money on Deputy Sheriff Justice are “accomplishments.”
The Sheriff’s mascot gives new meaning to no justice (read: transparency and accountability), no peace from investigative journalists.
UPDATE: Philadelphia Sheriff Rochelle Bilal wasn’t tripping; ChatGPT was hallucinating. The Associated Press reports:
Sheriff Rochelle Bilal’s campaign removed more than 30 stories created by a consultant using the generative AI chatbot. The move came after a Philadelphia Inquirer story on Monday reported that local news outlets could not find the stories in their archives.
Experts say this type of misinformation can erode the public trust and threaten democracy. Bilal’s campaign said the stories were based on real events.
“Our campaign provided the outside consultant talking points which were then provided to the AI service,” the campaign said in a statement. “It is now clear that the artificial intelligence service generated fake news articles to support the initiatives that were part of the AI prompt.”
Christmas came early for me. The Pennsylvania Office of Open Records (OOR) issued its final determination in my appeal of SEPTA’s denial of my Right-To-Know Law request for records of SEPTA officials’ communications related to the Philadelphia 76ers’ proposal to build a new arena atop Jefferson Station, aka #76Place. The public transit agency denied my request claiming that it was insufficiently specific and “burdensome.”
The OOR found that the request was partially specific and named names, including billionaire David Adelman, Sixers co-owner and 76 Place hype man, and City Councilmember Mark Squilla.
SEPTA was ordered to conduct a good faith search and turn over responsive records to me by January 20, 2024.
All three of my appeals have been granted in part. Pennsylvania’s Right-To-Know Law sure has been good to me. Merry Christmas, baby.
PHL Watchdog 