The battle to save
libraries is heading to court

By KatieRose Keenan
Times Staff Writer

Library backers are making what appears to be their last bid to keep 11 libraries, including Holmesburg, open despite Mayor Michael Nutter’s order that they be shut down on Dec. 31.
They are filing a class-action lawsuit against the mayor, claiming that he is violating Philadelphia Code 16-203, which prohibits the closure and abandonment of city buildings without the approval of City Council.
Much to the dismay of library advocates and patrons, Nutter announced last month that 11 branches throughout the city would be closed as part of the response to the city’s mounting budget crisis.
Since then, rallies, petitions, speeches and City Council resolutions have all attempted to plead with the mayor to rethink the library closures, to no avail.
"Let me clear up one thing," Nutter declared at a Dec. 8 town hall meeting at the John Perzel Community Center in Mayfair. "I made the announcement about the closing of the eleven libraries, and they will close."
Now, advocates are exploring their legal options.
At a Dec. 18 news conference at the Logan branch of the Free Library, which is one of the 11 on Nutter’s chopping block, attorney Irv Ackelsberg, who is working for free on behalf of the public, explained why he decided to get involved with the library issue.
"About seven different people reached out to me and asked if I could help," explained Ackelsberg, a member of the firm of Langer Grogan & Diver. "They weren’t getting anywhere with their elected officials, so they asked me what they could do."
At the news conference, Ackelsberg said the lawsuit would be filed on Dec. 23 if the mayor stays resolute in his decision to close the libraries. The suit would claim that the mayor lacks the legal authority to unilaterally close the 11 libraries.
"If the action is illegal, it is illegal," Ackelsberg said. "I am just upset as everyone else about the closures.
"My hope is that we don’t have to file it, but if nothing changes, then we will go forward with it," he added.
At a Dec. 4 City Council meeting, a resolution in support of halting the libraries closures was passed with a strong vote of 12 to 5. The resolution urged Nutter to postpone closing the libraries for at least six months so alternative solutions and funding could be explored.
Randy Cotton, associate director of the Preservation Alliance for Greater Philadelphia, was on hand at last week’s news conference to explain the organization’s efforts to support the libraries, particularly the four Carnegie libraries.
The Carnegie libraries slated for closure are Holmesburg, Logan, Haddington and Kingsessing.
"To protect these four buildings, the Preservation Alliance will submit nominations to the Philadelphia Historical Commission on Monday to place each building on the Philadelphia Register of Historic Places to ensure its future protection," Cotton said last week.
"We urge Mayor Nutter to support the listing of these buildings on the register regardless of the decision about their closing."
Cotton added, "At the same time, we urge the mayor to delay any action to close the branch libraries and allow for a further consideration of both legal and financial issues."
State Rep. Mark Cohen (D-202nd dist.) is also exploring legal action against the mayor through City Council Bill 226.
The bill, which was spearheaded by Cohen’s father, the late Councilman at-large David Cohen, states "no City-owned capital facility shall be closed, abandoned, or allowed to go into disuse without specific approval therefore from City Council, by Ordinance."
The creation of the city law was sparked in 1988 when then-Mayor W. Wilson Goode and his fire commissioner at the time, Roger Ulshafer, closed two city fire stations, angering City Council.
Council responded by passing Bill 226, which would serve to bar the mayor from similar actions in the future and implemented the retroactive reopening of the two fire stations.
"I believe that the lawsuit would establish that the mayor is not a dictator," Rep. Cohen said last week. "He cannot make a unilateral decision to end city programming. We, as the people, are outraged by this, and we are going to battle."
"Mayor Nutter led the fight in 2005 to keep libraries open when he was a city councilman," Cohen added.
"Now, he wants to shut libraries down." ••
Reporter KatieRose Keenan can be reached at 215-354-3110 or kkeenan@phillynews.com