Two Mayors Away from Ruin
June 19, 2013 5:37 PM   Subscribe

After the demolition accident caused the death of 6 people in Philadelphia in the beginning of this month, it was brought to light that a resident issued a complaint with Licenses and Inspections regarding unsafe working conditions at least two weeks prior to the building collapse. Tragically, the LNI inspector took his own life, feeling responsible for the accident. Now Philadelphia City Council is denying liability for the accident stating it is not responsible for the work of private contractors, despite the flawed LNI inspection of the demolition site as well as the laughable demolition requirements established by the city,
posted by Suffocating Kitty (36 comments total) 10 users marked this as a favorite
 
This may surprise the good folks down at city hall, but simply stating "I hereby absolve myself of all liability" does not actually make it happen, especially in cases of alleged criminal negligence.

If it can be shown that the inspections department was underfunded, understaffed and poorly trained enough to make this incident virtually inevitable, then I'd imagine the city is on the proverbial hook for quite a bit of cash.

As an aside: I'm always kind of amazed at the gullibility of business owners and civic leaders (some of whom are licensed attorneys) who apparently believe that getting a customer to sign a document to the effect that the customer waives all possible legal recourse for all possible damages and malfesiance is...A Thing That Will Totally Hold Up In Court.

Also, by reading this comment you hearby release me from all damages and liability caused by me freaking out and setting your house on fire in a drug-crazed arson binge and you accept the very real possibility that this may happen. You also agree to third party arbitration at your own expense. The existence of these words in your neurons and optic nerve constitute your signature and acceptance of these terms.
posted by Avenger at 5:50 PM on June 19, 2013 [16 favorites]


Hah! I used text to speech software! No optic nerves here. I'll see you in court.
posted by Drinky Die at 5:52 PM on June 19, 2013 [3 favorites]


I'm no Matlock, but I think I've found a flaw in your otherwise cunning defense.
posted by robocop is bleeding at 5:58 PM on June 19, 2013 [5 favorites]


...simply stating "I hereby absolve myself of all liability" does not actually make it happen...

But saying the opposite might very well make THAT happen and saying nothing is politically infeasible.
posted by DU at 6:00 PM on June 19, 2013 [1 favorite]


Once you notice the pattern you see it again and again.

20th century : "just following orders" :: 21st century : "outsourced to independent contractors"
posted by 2bucksplus at 6:02 PM on June 19, 2013 [13 favorites]


...simply stating "I hereby absolve myself of all liability" does not actually make it happen...

Just because you've found ONE high-profile case where it may not work doesn't mean there aren't hundreds of equally tragic cases where it did. Anecdotally, I know of two that never made the papers but maybe should've. And I'm too depressed to google up some of the ones that did.
posted by oneswellfoop at 6:23 PM on June 19, 2013


And would it be too trollish to point out that this 'demolition accident' killed more Philadelphians than that 'terrorist bombing' killed Bostonians?
posted by oneswellfoop at 6:25 PM on June 19, 2013 [18 favorites]


Avenger: "This may surprise the good folks down at city hall, but simply stating "I hereby absolve myself of all liability" does not actually make it happen, especially in cases of alleged criminal negligence. "

They have a permit.
posted by stet at 6:29 PM on June 19, 2013 [1 favorite]


If it can be shown that the inspections department was underfunded, understaffed and poorly trained enough to make this incident virtually inevitable, then I'd imagine the city is on the proverbial hook for quite a bit of cash.

A very similar incident happened in January this year in West Philly. Two buildings adjacent to a demo site were wrecked, no-one hurt though. Everyone pretty much figures that L+I is systemically corrupt and inefficient, including in handing out demo contracts and licenses. Maybe something will change after this, don't hold your breath though.
posted by carter at 6:31 PM on June 19, 2013 [1 favorite]


Legal Notice: I did not read Avenger's comments.
posted by Grumpy old geek at 6:33 PM on June 19, 2013


You've heard of corporate personhood? Think it's scary?

This is municipal corporate personhood at work. And it's even more scary.
posted by MeanwhileBackAtTheRanch at 6:33 PM on June 19, 2013 [2 favorites]


*sigh*

I moved to NYC from Philly this past August. It's like Philly is trying to tell me not to come back.
posted by SansPoint at 6:49 PM on June 19, 2013


Here's hoping asses will be nailed to the wall.

Here's doubting they will be.
posted by BlueHorse at 6:55 PM on June 19, 2013


And would it be too trollish to point out that this 'demolition accident' killed more Philadelphians than that 'terrorist bombing' killed Bostonians?

I feel like we should not go down this path.
posted by jetlagaddict at 6:56 PM on June 19, 2013 [5 favorites]


outsourced to independent contractors

What? The city wasn't outsourcing anything. A private developer obtained a demolition permit for property that he owned. Developers normally hire contractors. There's plenty to be mad about here, but I don't get why you think this is it.

simply stating "I hereby absolve myself of all liability" does not actually make it happen

I don't think it was stated as a legal maxim. This was a political hearing. If the city council wanted a legal opinion, the city attorney would give that.

Now Philadelphia City Council is denying liability for the accident

The City Council was questioning city officials, on behalf of the public. The Deputy Mayor asserted that the city faced no liability, on behalf of the taxpayers, and somewhat more questionably. Nevertheless, should the city face a civil lawsuit, they are allowed to assert innocence and lack of liability, which should not be shocking as this is how our legal system works.

/frustrated people neither read nor understand the basics of government
posted by dhartung at 7:08 PM on June 19, 2013 [7 favorites]


I'm probably going to hell for saying this (never mind believing it, for which, I dunno, is there a worse hell?) but it's a good thing the inspector killed himself. It was the only honorable thing he could have done...

...aside from indict the entire system, which we all know wasn't going to happen and if it did happen would not have made a difference.

So: sir, I salute you.

If you cannot die with the flesh of your enemies in your teeth, you may at least die by your own hand.
posted by aramaic at 7:28 PM on June 19, 2013


Apparently the building inspector, who killed himself,
left behind a videotaped cellphone message in which he faulted himself for not getting out of his truck and being more diligent. However, city officials said he also said, "It wasn't my fault."
[my emphasis]
Yes, he wasn't the direct cause of the collapse, but my goodness: not getting out of his truck when performing an inspection?!
posted by Joe in Australia at 7:31 PM on June 19, 2013 [1 favorite]


Philadelphia is a great city and my home but damn is it not a crying shame in like eight different ways. I am a little surprised there hasn't been another collapse, with more deaths, given how this city is in many ways.

And if you like that, you'll love what we're doing to our school kids! (spoiler: 30% layoff of active staff at public schools, no art, music, librarians)
posted by angrycat at 7:37 PM on June 19, 2013 [1 favorite]


Philadelphia: the city that is trying as hard as possible to make itself Detroit.
posted by runcibleshaw at 7:39 PM on June 19, 2013 [1 favorite]


Permit applications will also have to include a site safety plan and an engineer’s report on the protection of adjacent properties.

This is apparently a NEW THING.
Fuck.
posted by the man of twists and turns at 7:43 PM on June 19, 2013 [1 favorite]


Everyone pretty much figures that L+I is systemically corrupt and inefficient

Oh yeah. Try opening a restaurant in Philly, sometime. L+I is corrupt to the bone and has been for decades.
posted by Blazecock Pileon at 8:02 PM on June 19, 2013 [2 favorites]


...simply stating "I hereby absolve myself of all liability" does not actually make it happen...

It does when you're the government. It's not like liability is some fundamental concept that comes from the aether.
posted by Hatashran at 8:59 PM on June 19, 2013


The Philly city government network in place is so entrenched that it's hard to imagine anything else. Same with trade union leadership. I find slightly odd (and disconcerting) that the conservative forces in the city -- protecting blightlords, looking the other way on union intimidation and sabotage, and L&I corruption -- make up the bulk (certainly the loudest part) of the city Democratic Party.

Between the city machine and the fight over liquor privatization (though that has roots in religious temperance)... I'm conflicted in a way that I'm not for national politics. It's a weird alliance between young transplants, businesses, real-estate developers pushing for real reform on a multitude of issues. I certainly vote against incumbents in the Democratic primary (which is basically the entire election; November is a roll-over). The city needs some kind of reform, but I can't imagine that coming without a top-to-bottom housecleaning and party switch. I don't know what else it could look like.

I had a draft of a FPP about this weird-feeling conflict between conservative unions, Democratic city officials, and property owners on one side, and reformer anti-blight real estate developers, republican challengers, and business owners on the other. It centered around this article about union intimidation tactics (and two young developers' refusal to be cowed), but I could never frame it in the right way to not come off as an anti-union reactionary. It's just a different situation here.
posted by supercres at 9:34 PM on June 19, 2013 [3 favorites]


It just feels like a different situation, I should say, compared to national politics. But I've only been around for about ten years, and only paying attention for five. And I'm not emotionally (or financially) invested in Philly; it would be a lot harder if I were.
posted by supercres at 9:38 PM on June 19, 2013


> Philadelphia: the city that is trying as hard as possible to make itself Detroit.

As evidenced by Philadelphia's rising population figures, amirite? Also, please don't use "Detroit" as a slur.
posted by desuetude at 10:01 PM on June 19, 2013 [8 favorites]


It's not like liability is some fundamental concept that comes from the aether.

Yes, but neither is a municipality a fundamental concept that comes from the aether. The extent of liability for a city will be defined by state law and, depending, perhaps the city charter.

"The government" is not a unitary entity.
posted by dhartung at 2:41 AM on June 20, 2013


Totally stolen from a friend: Philadelphia, The City that Never Sweeps.

Every time I am there I marvel at the decrepit state of nearly everything, compared even to New York.
posted by spitbull at 3:02 AM on June 20, 2013


in fairness, this is a city that is facing many challenges that NYC isn't.
I mean, comparing Philly today to 80s/90s NYC is more apt.
That being said, Philly obviously has many problems. The people are great, though. Museums, universities, hipsters, Philly's got it.

But its people are as poor as hell, we have a state government that is trying to starve the city to death, and then we have local malfeasance like the subject of the FPP
posted by angrycat at 3:30 AM on June 20, 2013 [2 favorites]


This may surprise the good folks down at city hall, but simply stating "I hereby absolve myself of all liability" does not actually make it happen, especially in cases of alleged criminal negligence.

Have you met the fine judges in our city? It may shock you to learn how they were elected and who they are beholden to.

Also, if there's one area in which our municipal bureaucracy excels, it is in the fine art of covering their ass with fine print.
posted by snottydick at 7:10 AM on June 20, 2013


"And would it be too trollish to point out that this 'demolition accident' killed more Philadelphians than that 'terrorist bombing' killed Bostonians?

I feel like we should not go down this path."

Maybe, maybe not. I don't want to diminish the very real tragedy here, but it's certainly interesting to see what kinds of events get the most attention...
posted by The Blue Olly at 7:52 AM on June 20, 2013


Maybe, maybe not. I don't want to diminish the very real tragedy here, but it's certainly interesting to see what kinds of events get the most attention...

If we're going for "things in Philadelphia that should get more national attention and funds" I would still probably lean towards entrenched poverty, child hunger, the abysmal dismantling of public schools, and gun violence. This was a horrific accident that killed six people. How many people have been killed by guns in Philadelphia since this article was written? Last year? I just don't find it a useful comparison (and, honestly, close to 300 people were wounded in Boston-- I don't want to trivialize that by implying that only deaths are counted.)
posted by jetlagaddict at 8:17 AM on June 20, 2013 [2 favorites]


Also, please don't use "Detroit" as a slur.

He wasn't. It was comparative.

Detroit, regardless of it's unsung local charms, is now a byword for head-in-sand planning and corruption. Let it be a clear example for other civic leaders to observe.

I also see why it's pertinent here.
posted by Reasonably Everything Happens at 11:18 AM on June 20, 2013 [2 favorites]


> Detroit, regardless of it's unsung local charms, is now a byword for head-in-sand planning and corruption. Let it be a clear example for other civic leaders to observe. I also see why it's pertinent here.

The same holds true for most large metropolitan areas. But if you want to affirm the specific comparison of Philadelphia to Detroit as pertinent, go ahead and...do that. With the specific pertinence. In regards to the collapse of buildings, I don't really see it.
posted by desuetude at 11:38 PM on June 21, 2013 [1 favorite]


I don't know Detroit very well, but I'd guess that the following are very important differences between Philly and Detroit:
1. Lots of universities, including ivy-league Penn
2. Expanding and well-entrenched health care industry (including CHOP, recently ranked as #1 in the country, as I recall)
3. Proximity to NYC (which has a lot of effects like NYC folks moving here, Philly folks working in NYC)
4. Growing population

Detroit is one tragedy, things that happen in Philly are another, and using Detroit as a metaphor for urban decay is not fair to either, I think
posted by angrycat at 7:08 AM on June 22, 2013 [1 favorite]


(CHOP is a children's hospital. Ranked as such).
posted by angrycat at 7:09 AM on June 22, 2013


Yeah, Detroit is a byword for stagnation and population loss due to reliance on an industry that does not have the same major role it used to have in our economy. I am sure there are plenty of planning and corruption issues but that isn't what people think of nationally in regards to the city.
posted by Drinky Die at 9:14 AM on June 22, 2013 [1 favorite]


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